No 18

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 11 NOVEMBER 2003

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2        Messages from the Governor

         The following Messages from the Governor were received and read:

 

         Assent to Bills                                                                                         Message No 5

         The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the third Session of the 50th Parliament, viz. –

No 40 of 2003 -      An Act to amend the Administration and Probate Act 1919.

No 41 of 2003 -      An Act to protect animal health, safety and welfare and the public interest by providing for the registration of veterinary surgeons; to regulate the provision of veterinary treatment for the purposes of maintaining high standards of competence and conduct by veterinary surgeons; to repeal the Veterinary Surgeons Act 1985; and for other purposes.

No 42 of 2003 -      An Act to repeal the Dried Fruits Act 1993.

No 43 of 2003 -      An Act to amend the Cooper Basin (Ratification) Act 1975.

No 44 of 2003 -      An Act to make minor amendments of a statute law revision nature to various Acts and to repeal various Acts.

No 45 of 2003 -      An Act to validate certain administrative acts and payments and to make a related amendment to the Emergency Services Funding Act 1988.

No 46 of 2003 -      An Act to amend the Development Act 1993 and the Summary Offences Act 1953.

Government House, 10 November 2003                               M Jackson-Nelson, GOVERNOR

 

 

Zero Waste SA Bill 2003 – Recommending                                             Message No 6

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Zero Waste SA Bill 2003.

Government House, 11 November 2003                   M Jackson-Nelson, GOVERNOR

 

3       Petition No 27

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

27   Ms Bedford, from 64 members of the Aboriginal Community and parents and staff of Aboriginal Children’s Centres, requesting the House to urge the Government to prefer Aboriginal staff for employment in early Aboriginal childhood centres; ensure support for Aboriginal Directors in all centres; where possible, include Aboriginal languages in the curriculum for Aboriginal children and carry out an independent inquiry into why the Aboriginal Director of the Kalaya Children’s Centre was removed.

 

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 114 and 154 were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann), on behalf of the Treasurer (Hon K O Foley) –

      Regulations under the following Acts –

                  Emergency Services Funding – Remissions

                  Public Corporations Act –

                        Industrial & Commercial Premises Corp Revocation

                        SA Athletics Stadium

                        World Police and Fire Games

                        Land Management Corp Revocation

 

By the Premier, on behalf of the Minister for Police (Hon K O Foley) –

      Regulations under the following Act –

                  Firearms – Exhibitors Exemption

 

By the Minister for Energy (Hon P F Conlon) –

      Regulations under the following Acts –

                  Electricity – ASCOSA

                     Gas – Ombudsman

 

By the Minister for Emergency Services (Hon P F Conlon) –

      State Emergency Service – Report 2002-2003

 

By the Attorney-General (Hon M J Atkinson) –

      Attorney-General's Department Incorporating the Department of Justice – Report 2002-2003

      Legal Practitioners Conduct Board – Report 2002 – 2003

      Suppression Orders Report of the Attorney-General 2002-2003 - Section 71 of the Evidence Act 1929

 

      Regulations under the following Act –

                  Victims of Crimes – Fund and Levy

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Commissioner for Consumer Affairs – Report 2002-2003

 

      Regulations under the following Acts –

                  Land and Business (Sale and Conveyancing) – Instalment Contracts

                  Liquor Licensing –

                        Long Term Dry Areas – Adelaide, North Adelaide

                        Short Term Dry Areas – Victor Harbor

                        Exemption North East Schools

 

By the Minister for Health (Hon L Stevens) –

Adelaide Central Community Health Service – Report 2002-2003

Booleroo Centre District Hospital & Health Services Inc– Report 2002-2003

Bordertown Memorial Hospital Incorporated – Report 2002-2003

Ceduna District Health Services Inc. – Report 2002-2003

Central Yorke Peninsula Hospital Inc. – Report 2002-2003

Child & Youth Health – Report 2002-2003

Crystal Brook District Hospital Inc. – Report 2002-2003

Eastern Eyre Health & Aged Care Inc. – Report 2002-2003

Gawler Health Service – Report 2002-2003

Hawker Memorial Hospital Inc. – Report 2002-2003

Independent Living Centre – Report 2002-2003

Jamestown Hospital & Health Service Inc. – Report 2002 - 2003

Kangaroo Island Health Service – Report 2002-2003

Kingston Soldiers’ Memorial Hospital Inc. – Report 2002-2003

Leigh Creek Health Service Inc. – Report 2002-2003

Lower Eyre Health Services Inc. – Report 2002-2003

Loxton Hospital Complex Incorporated – Report 2002-2003

Mallee Health Service Inc. – Karoonda, Lameroo & Pinnaroo – Report 2002-2003

Mannum District Hospital Inc Incorporating Mannum Domiciliary Care Service – Report 2002-2003

Mid North Regional Health Service Inc – Report 2002-2003

Mt. Barker District Soldiers Memorial Hospital – Report 2002-2003

Murray Bridge Soldiers’ Memorial Hospital – Report 2002-2003

Naracoorte Health Service Inc. – Report 2002-2003

Northern Adelaide Hills Health Service – Report 2002-2003

Northern & Far West Regional Health Service – Report 2002-2003

Northern Yorke Peninsula Health Service – Report 2002-2003

Nurses Board of South Australia – Report 2002-2003    

Orroroo & District Health Service Inc. – Report 2002-2003

Penola War Memorial Hospital Inc. – Report 2002-2003

Peterborough Soldiers Memorial Hospital & Health Service Inc. – Report 2002-2003

Port Augusta Hospital & Regional Health Services Inc. – Report 2002-2003

Port Broughton District Hospital & Health Services Inc. – Report 2002-2003

Port Lincoln Health Services – Report 2002-2003

Port Pirie Regional Health Service Inc. – Report 2002-2003

Public and Environmental Health Council – Report 2002-2003

Renmark Paringa District Hospital Inc. – Report 2002-2003

Repatriation General Hospital Inc. – Report 2002-2003

Riverland Regional Health Service Inc. – Report 2002-2003

Rocky River Health Service Inc. – Report 2002-2003

SA Dental Services – Report 2002-2003

St Margaret’s Rehabilitation Hospital Incorporated – Report 2002-2003

Strathalbyn & District Health Service – Report 2002-2003

Tailem Bend District Hospital – Report 2002-2003

Whyalla Hospital & Health Services Inc. – Report 2002-2003

            Women’s and Children’s Hospital & WCH Foundation Inc. – Report 2002-2003

 

      Regulations under the following Act –

                  South Australian Health Commission – Outreach Services Private Patients

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Land Board – Report 2002-2003

      Wilderness Protection Act – Report 2002-2003

 

By the Minister for Transport (Hon M J Wright) –

      National Road Transport Commission – Report 2002-2003

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Regulations under the following Act –

                  Fisheries – Northern Zone Rock Lobster -

                        Fish Processors

                        General

                        Quota System

                        Vessel Monitoring

 

By the Minister for Science and Information Economy (Hon J D Lomax-Smith) –

      Playford Centre – Report 2002-2003

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Adelaide Cemeteries Authority – Report 2002-2003

      West Beach Trust – Report 2002-2003

 

 

By the Minister for Gambling (Hon J W Weatherill) –

      Independent Gambling Authority – Report 2002-2003

      Office of the Liquor and Gambling Commissioner – Gaming Machines Act – Report 2002-2003

 

By the Minister for Administrative Services (Hon J W Weatherill) –

      SA Water – Report 2002-2003

 

By the Minister for Industry, Trade and Regional Development (Hon R J McEwen) –

      Department for Business, Manufacturing and Trade – Report 2002-2003

 

By the Minister for Local Government (Hon R J McEwen) –

      Local Government Grants Commission – Report 2002-2003

      Local Government Superannuation Board – Report 2002-2003

      Outback Areas Community Development Trust – Report 2002-2003.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Examination of the Report of the Auditor-General 2002 - 2003 – Amendment of Timetable

The Minister for Infrastructure (Hon P F Conlon), by leave moved – That the timetable for consideration in Committee of the Report of the Auditor-General 2002 - 2003 be amended by interchanging the times scheduled for the Minister for Tourism and the Minister for Social Justice.

         Question put and passed.

 

9       Statutes Amendment (Bushfire Summit Recommendations) Bill

The Minister for Emergency Services (Hon P F Conlon), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Country Fires Act 1989 and the South Australian Metropolitan Fire Service Act 1936.

Question put and passed.

         Bill presented and read a first time.

 

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until tomorrow.

 

10      Zero Waste SA Bill

The Minister for Environment and Conservation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish a statutory corporation, Zero Waste SA, with the function of reforming waste management in the State; to amend the Environment Protection Act 1993; and for other purposes.

Question put and passed.

         Bill presented and read a first time.

 

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Hon I F Evans, that the debate be adjourned until tomorrow.

 

11      National Environment Protection Council (South Australia) (Miscellaneous) Amendment Bill

The Minister for Environment and Conservation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Environment Protection Council (South Australia) Act 1995.

Question put and passed.

         Bill presented and read a first time.

 

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Hon I F Evans, that the debate be adjourned until tomorrow.

12      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration on motion.

 

13      National Parks and Wildlife (Innamincka Regional Reserve) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 6 agreed to.

Title agreed to.

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

The Minister for Environment and Conservation moved – That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

14      Highways (Authorised Transport Infrastructure Projects) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

Ordered, on motion of Mr Venning, by leave, that the debate be further adjourned and resumed on motion.

 

15      Report of the Auditor-General 2002 - 2003

         Order of the Day read for consideration in Committee of the Report of the Auditor-General 2002 - 2003.

 

In Committee

 

Attorney-General, Minister for Justice, Minister for Consumer Affairs, Minister for Multicultural Affairs (Hon M J Atkinson) examined.

Minister for Environment and Conservation, Minister for the River Murray, Minister for the Southern Suburbs, Minister Assisting the Premier in the Arts (Hon J D Hill) examined.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Auditor-General’s Report 2002 - 2003, had made progress therein and asked leave to sit again.

Ordered, - That the further consideration in Committee of this Report be made an Order of the Day for tomorrow.

 

16      Highways (Authorised Transport Infrastructure Projects) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 4 agreed to.

Clause No 5 read.

 

Hon M R Buckby moved on page 3, lines 7 and 8, to delete the heading to Part 3A and substitute:

Part 3A—Port River Expressway Project

Question – That the amendment be agreed to – put.

 

         Committee divided (No 1):

 

           Ayes, 16

 

           Noes, 18

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Hon W A Matthew

Hon S W Key

Ms Maywald

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Hon M R Buckby (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Hon M R Buckby moved on page 3, lines 15 to 18, to delete the definition of authorised project and substitute:

authorised project means the Port River Expressway Project;

Question – That the amendment be agreed to – put.

 

         Committee divided (No 2):

 

           Ayes, 18

 

           Noes, 18

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Ms Maywald

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon M R Buckby (Teller)

Hon M J Wright (Teller)

 

 

         Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Noes for the reason that the power granted should be general and not specific.

 

         So it passed in the negative.

 

Hon M R Buckby moved on page 9, lines 1 to 4, to delete subsection (2).

Question – That the amendment be agreed to – put.

         Committee divided (No 3):

 

           Ayes, 16

 

           Noes, 20

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Ms Maywald

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Hon M R Buckby (Teller)

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Mr Williams

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Hon M R Buckby moved on page 9, lines 5 and 6, to delete subsection (3) and substitute:

     (3)     A person who suffers loss as a result of the permanent obstruction of navigation under this section may, within 6 months after the obstruction takes effect, apply to the Land and Valuation Court for compensation and, on any such application, the Court may order the Crown to pay reasonable compensation for the loss.

     (4)     Except as provided in subsection (3), no liability is incurred by the Crown or a project authority as a result of the exercise of powers under this section.

 

Question – That the amendment be agreed to – put and negatived.

 

Clause No 5 amended and agreed to.

Clauses Nos 6 to 8 agreed to.

Title agreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

The Minister for Transport moved – That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

17      Adjournment

The Minister for Transport, moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 10.00 pm until tomorrow at 2.00 pm.

 

____________

 

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 12 November 2003

 

Notices of Motion: Government Business –

 

The Deputy Premier to move –  That he have leave to introduce a Bill for an Act to provide for the limitation of liability of members of occupational associations in certain circumstances; to facilitate improvement in the standards of services provided by those members; and for other purposes.

 

The Attorney-General to move –That he have leave to introduce a Bill for an Act to amend the Victims of Crime Act 2001.

 

The Minister for Administrative Services to move –  That he have leave to introduce a Bill for an Act to regulate the procurement operations of public authorities, to make a related amendment to the Gaming Machines Act 1992; to repeal the State Supply Act 1985; and for other purposes.

 

Notices of Motion: Private Members Business Bills/ Committees/ Regulations –

 

Mr Hanna to move – That he have leave to introduce a Bill for an Act to amend the Constitution Act  1934.

 

____________

 

 

Present during the day - All Members except the Deputy Premier (Hon K O Foley), Ms Breuer and Hon D C Kotz.

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 1 -

Ayes – The Leader of the Opposition (Hon R G Kerin), Hon G M Gunn, Hon D C Kotz, Mrs Hall and Mr Brokenshire.

Noes – The Premier, Ms Breuer, Deputy Premier, Minister for Infrastructure and Minister for Education and Children’s Services (Hon P L White).

         Division No 2 -

Ayes – The Leader of the Opposition (Hon R G Kerin), Hon G M Gunn, Hon D C Kotz, Mrs Hall and Mr Brokenshire.

Noes – The Premier, Ms Breuer, Deputy Premier, Minister for Infrastructure and Minister for Education and Children’s Services (Hon P L White).

         Division No 3 -

Ayes – The Leader of the Opposition (Hon R G Kerin), Hon G M Gunn, Hon D C Kotz, Mrs Hall and Mr Brokenshire.

Noes – The Premier, Ms Breuer, Deputy Premier, Minister for Infrastructure and Minister for Education and Children’s Services (Hon P L White).

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY