No 19

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 27 FEBRUARY 2001

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) 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 14

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.-

 

No 69 of 2000        An Act to amend the South Australian Country Arts Trust Act 1992

No 70 of 2000        An Act to amend the Legal Practitioners Act 1981

No 71 of 2000        An Act to amend the Adelaide Festival Centre Trust Act 1971

No 72 of 2000        An Act to facilitate electronic transactions; and for other purposes

No 73 of 2000        An Act to provide for certain persons accused of minor shop theft to be subject to a non-curial enforcement process with their consent as an alternative to prosecution; and for other purposes

No 74 of 2000        An Act to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994, the Competition Policy Reform (South Australia) Act 1996, the Corporations (South Australia) Act 1990, the Gas Pipelines Access (South Australia) Act 1997, the Jurisdiction of Courts (Cross-vesting) Act 1987, the National Crime Authority (State Provisions) Act 1984 and the New Tax System Price Exploitation Code (South Australia) Act 1999

No 75 of 2000        An Act to amend the Construction Industry Training Fund Act 1993

No 76 of 2000        An Act to amend the Goods Securities Act 1986 and the Motor Vehicles Act 1959

No 77 of 2000        An Act to amend the Shop Trading Hours Act 1977

No 78 of 2000        An Act to make provisions relating to the safety, performance, energy efficiency and labelling of electrical products; to repeal the Electrical Products Act 1988; and for other purposes

No 79 of 2000        An Act to amend the Harbors and Navigation Act 1993

No 80 of 2000        An Act to amend the Stamp Duties Act 1923

No 81 of 2000        An Act to amend the Harbors and Navigation Act 1993

No 82 of 2000        An Act to provide access to South Australian ports and maritime services on fair commercial terms; to provide for price regulation of essential maritime services; to amend the South Australian Ports (Bulk Handling Facilities) Act 1996; and for other purposes

No 83 of 2000        An Act to amend the Construction Industry Long Service Leave Act 1987

No 84 of 2000        An Act to amend the Native Title (South Australia) Act 1994

No 85 of 2000        An Act to amend the Gaming Machine Act 1992

No 86 of 2000        An Act to amend the Occupational Health, Safety and Welfare Act 1986

No 87 of 2000        An Act to amend the Controlled Substances Act 1984

No 88 of 2000        An Act to amend the Development Act 1993 and to make related amendments to the Environment Protection Act 1993, the Environment, Resources and Development Court Act 1993, the Irrigation Act 1994, the Native Vegetation Act 1991, the Roads (Opening and Closing) Act 1991 and the Water Resources Act 1997

No 89 of 2000        An Act to amend the Country Fires Act 1989

No 90 of 2000        An Act to provide for the licensing of persons carrying on certain businesses involving the conduct of races on which betting is to occur; to amend the Gaming Supervisory Authority Act 1995 and the Racing Act 1976; and for other purposes

No 91 of 2000        An Act to amend the Road Traffic Act 1961, and to make related amendments to the Motor Vehicles Act 1959

No 92 of 2000        An Act to amend the Education Act 1972 and to make a related amendment to the Children’s Services Act 1985

No 93 of 2000        An Act to provide for the disposal of assets of the South Australian Ports Corporation; to provide for the repeal of the South Australian Ports Corporation Act 1994; and for other purposes

No 94 of 2000        An Act to make provision for the disposal of the business of the South Australian Totalizator Agency Board; to amend and subsequently repeal the Racing Act 1976; to amend the Stamp Duties Act 1923 and the State Lotteries Act 1966; and for other purposes

No 95 of 2000        An Act to provide for the licensing and regulation of totalisator and other betting operations; and to amend the Criminal Law (Undercover Operations) Act 1995, the Gaming Supervisory Authority Act 1995, the Lottery and Gaming Act 1936 and the Workers Rehabilitation and Compensation Act 1986

Government House, 27 February 2001                                        E J Neal, GOVERNOR

 

Police Superannuation (Miscellaneous) Amendment Bill – Recommending

                                                                                                               Message No 15

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 Police Superannuation (Miscellaneous) Amendment Bill 2001.

      Government House, 27 February 2001                                  E J Neal, GOVERNOR

 

3       Death of Hon G T Virgo AM

The Premier (Hon J W Olsen), by leave, moved - That the House of Assembly expresses its deep regret at the death of the Hon G T Virgo AM, former Member of the House and former Minister of the Crown, and places on record its appreciation of his long and meritorious service; and as a mark of respect to his memory the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition (Hon M D Rann), Mr Hill and Mr De Laine.

         Motion carried in silence, Members rising in their places.

 

4       Suspension and resumption of sitting

         At 2.20 pm the sitting of the House was suspended.

         At 2.30 pm the Speaker resumed the Chair.

 

 

5       Death of Sir Donald Bradman

The Premier, by leave, moved - That the House of Assembly expresses its deep regret at the death of Sir Donald Bradman, cricket legend, famous and most highly respected Australian and South Australian and places on record its appreciation of his outstanding contribution and service to the State and Nation and as a mark of respect to his memory the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition, the Minister for Recreation, Sport and Racing (Hon I F Evans), Mr De Laine, Hon G A Ingerson and Mr Wright.

Motion carried in silence, Members rising in their places.

 

6       Suspension and resumption of sitting

         At 3.15 pm the sitting of the House was suspended.

         At 3.25 pm the Speaker resumed the Chair.

 

7       Petitions Nos 59 to 66

      The Clerk announced that the following Members had lodged Petitions for presentation:

 

59   The Deputy Premier (Hon R G Kerin), from 3,800 residents of South Australia, requesting that the House support the environmental health management and industrial development of Port Pirie.

 

60   The Minister for Minerals and Energy (Hon W A Matthew), from 933 residents of South Australia, requesting that the House strengthen the law in relation to prostitution and ban prostitution related advertising.

 

61   The Leader of the Opposition (Hon M D Rann), from 1,088 residents of South Australia, requesting that the House amend the Local Government Act to allow the Adelaide City Council to classify the Central Market site as community land.

 

62   Mr Hill, from 46 residents of South Australia, requesting that the House urge the Government to halt demolition and heritage list the East End Market wall.

 

63   Mr Hill, from 866 residents of South Australia, requesting that the House ensure continued community access to the Noarlunga Theatre.

 

64   Mr Hill, from 68 residents of South Australia, requesting that the House urge the Government to suspend re-development of the old Treasury Building until public consultation is completed and to retain the museum, tours and public access.

 

65   Mr Lewis, from 82 residents of South Australia, requesting that the House legislate to prevent changes to the Adelaide Parklands without the consent of a majority of Members of the Adelaide City Council.

 

66   Hon D C Wotton, from 45 residents of South Australia, requesting that the House urge the Government to repeal the proclamation permitting the unlimited destruction by commercial horticulturalists of protected native parrots.

 

8       Answers to questions

Answers to questions on the Notice Paper Nos 3, 5, 7, 11, 17, 18, 29, 32, 37, 39 to 42, 46, 47, 50, 51, 59, 60, 62 to 64 and 71 and questions without notice were tabled by the Speaker.

 


9       Papers

      The following Papers were tabled:

 

By the Premier –

      Alice Springs to Darwin Railway Act – Regulations – Special Provisions

 

By the Minister for Primary Industries and Resources (Hon R G Kerin) –

      Dog Fence Board – Report, 1999-2000

      Dried Fruits Board of South Australia – Report, 1999-2000

      Natural Gas Pipeline Systems, Code of Register for the National Third Party Access Code for – Report, 1999-2000

      Pastoral Board – Report, 1999-2000

      Primary Industries and Resources South Australia – Report, 1999-2000 – Rural Industry Adjustment and Development Fund Financial Statement – Addendum

 

      Regulations under the following Acts –

            Animal and Plant Control (Agricultural Protection and Other Purposes) – Feral Deer

            Gas – New Quality Standards

            Livestock –

                  Registration of Bee Keepers

                  Vendor Declarations

            Primary Industry Funding Schemes –

                  Apiary Fund

                  Ovine Johne’s Disease

 

By the Minister for Human Services (Hon D C Brown) –

      Plan Amendment Report – City of West Torrens Development Plan – Thebarton –

            Local Heritage

 

      Regulations under the following Acts –

            Development –

                  Murray Plan

                  Railway

                  Residential Design

                  Significant Trees

            Passenger Transport – Taxi Fares

            Road Traffic –

                  Approved Hospitals

                  Detection Device

                  Evidence

 

By the Minister for Education and Children’s Services (Hon M R Buckby) –

      Electricity Industry Superannuation Scheme – Report, 1999-2000

      Electricity Supply Industry Planning Council – Charter

 

Regulations under the following Acts –

      Southern State Superannuation – Enterprise Agreements

      Taxation Administration – First Home Owner Grant

 


By the Minister for Environment and Heritage (Hon I F Evans) –

      Coast Protection Board – Report, 1999-2000

      Dog and Cat Management Board – Report, 1999-2000

      Environment Protection Authority – Report, 1999-2000

      State Heritage Authority – Report, 1999-2000

 

      Regulations under the following Acts –

            Cremation – Principal

            Electoral – Ballot Paper Form

            Environment Protection – Waste Transport

            Liquor Licensing – Dry Areas –

                  Coober Pedy

                  Hallett Cove, Westfield

                  New Years Eve

                  Onkaparinga, Port Augusta

                  Port Lincoln

            National Parks and Wildlife – Protection of Marine Mammals

            Plumbers, Gas Fitters and Electricians – Safety Provisions

            Second-hand Dealers and Pawnbrokers – Receipts

            Second-hand Vehicle Dealers – Fund Exclusions

 

      Rules of Court –

            District Court – District Court Act –

                  Minor Changes

                  Exclusions

            Juries Rules – Juries Act – Mental Impairment

            Supreme Court – Supreme Court Act –

                  Corporations Law Rules 2000 (South Australia) - Various

                  Criminal Rules – Form of Warrants

                  Lump Sum for Default

                  Magistrates Court Transfer

 

By the Minister for Water Resources (Hon M K Brindal) –

      Water Resources Act – Regulations – Extension of Deadlines

 

By the Minister for Police, Correctional Services & Emergency Services

(Hon R L Brokenshire) –

      Emergency Services Administrative Unit – Report, 1999-2000

      South Australian Country Fire Service – Report, 1999-2000

 

By the Minister for Local Government (Hon D C Kotz) –

      Local Government Superannuation Board – Report, 1999-2000

 

      Corporation By-Laws –

            City of Mitcham –

                  No 1 – Permits and Penalties

                  No 2 – Moveable Signs

                  No 3 – Local Government Roads

                  No 4 – Streets and Roads

                  No 5 - Dogs

            City of Onkaparinga –

                  No 1 – Local Government Land

                  No 2 – Roads

                  No 3 – Domestic Waste

                  No 4 – Bridges and Jetties

                  No 5 – Moveable Signs

                  No 6 – Boat Ramp

                  No 7 – Permits and Penalties

                  No 10 – STED Schemes

                  No 11 – Beach and Foreshore

            City of Salisbury –

                  No 1 – Permits and Penalties

                  No 2 – Moveable Signs

                  No 3 – Roads

                  No 4 – Local Government Land

                  No 5 – Number of Dogs

            District Council of Grant – Various.

 

10      Questions

      Questions without notice were asked.

 

11      Papers

         The Speaker laid on the Table the following reports which had been printed and published pursuant to section 17 (7) of the Parliamentary Committees Act 1991.

 

One Hundred and Forty-Third Report of the Public Works Committee on the Riverbank Stage 1 – Promenade Project

      (Paper No 204).

 

One Hundred and Forty-Forth Report of the Public Works Committee on the Rocky River Precinct Development

      (Paper No 205).

 

One Hundred and Forty-Fifth Report of the Public Works Committee on the Torrens Road Upgrade

      (Paper No 206).

 

One Hundred and Forty-Sixth Report of the Public Works Committee on the Adelaide Festival Centre Redevelopment Stage 2 Phase 3

      (Paper No 207).

 

One Hundred and Forty-Seventh Report of the Public Works Committee on the Christies Beach Wastewater Treatment Plant Environment Improvement Project

      (Paper No 209).

 

Report of the Legislative Review Committee concerning the Allocation of Recreational Rock Lobster Pots

      (Paper No 203).

 

12      Grievance debate

      The Speaker proposed - That the House note grievances.

      Debate ensued.

      Question put and passed.

 

13      Fisheries (Rock Lobster Fishery Rationalization) Act Repeal 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

14      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 2 and 3 be postponed until tomorrow.

 

 

15      Dental Practice 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 Ms Stevens, by leave, that the debate be further adjourned until tomorrow.

 

16      Adjournment

      House adjourned at 5.59 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

      For Wednesday 28 February 2001

 

Notice of Motion – Government Business

 

The Minister for Water Resources – That he have leave to introduce a Bill for an Act to amend the Water Resources Act 1997.

 

 

      For Thursday 1 March 2001

 

Notices of Motion – Private Members Bills/Committees/Regulations

 

Ms Stevens to move – That a Select Committee be established to consider the following matters relating to medical staff (including doctors, nurses and allied professionals) employed in public health services in South Australia –

(a)  whether current staffing regimes (including staff numbers and hours of duty) compromise the staffs duty of care of patients;

(b)  the correlation (if any) between staffing patterns and the incidence of adverse outcomes for patients and the cost of medical litigation;

(c)  whether current staffing regimes (including staff numbers and hours of duty) exceed levels considered safe and reasonable in conformity with accepted Occupational Health and Safety Standards;

(d)  whether current staffing arrangements allow adequate time for staff development and research activities;

(e)  whether current staffing regimes in country hospitals and health services are adequate in meeting the particular needs of country communities; and

(f)   any other relevant matter.

     

Mr McEwen to move – That a Joint Select Committee be established to consider all aspects of petrol, diesel and LPG auto gas pricing in South Australia and in particular –

(a)  how the minimum wholesale price is determined;

(b)  if this price is applied equitably to all distributors and retailers;

(c)  oil companies practice and process of discounting and rebating and to whom it applies and which types of businesses are eligible;

(d)  who owns and who controls retail outlets in South Australia and what proportion of them are at arm’s length from wholesalers; and

(e)  any other related costing and pricing issues:

and that a Message be sent to the Legislative Council requesting its concurrence thereto.

 


      For Thursday 15 March 2001

 

Notices of Motion: Private Members Bills/Committees/Regulations

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Freedom of Information Act 1991.

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Bail Act 1985, the Controlled Substances Act 1984, the Criminal Injuries Compensation Act 1978, the Criminal Law Consolidation Act 1935, the Criminal Law (Forensic Procedures) Act 1998, the Criminal Law (Sentencing) Act 1988, the Expiation of Offences Act 1996, the Summary Procedure Act 1921, the Whistleblowers Protection Act 1993 and the Young Offenders Act 1993.

 

      For Thursday 1 March 2001

 

Notices of Motion: Other Motions

 

Mrs Penfold to move – That this House commends all people involved in the fighting and in the aftermath of the Lower Eyre Peninsula fires.

 

Mr Scalzi to move – That this House commends the Italian Coordinating Committee for once again staging another successful Carnevale in Adelaide, not only as one of the our State’s major events, but also as a demonstration of our State’s rich cultural diversity.

 

Mr Meier to move – That this House congratulates Yorke Peninsula’s Community Radio Station - 90.3 Gulf FM on becoming the number one radio station on Northern Yorke Peninsula in a recent McGregor Tan research survey.

 

      For Thursday 15 March 2001

 

Hon D C Wotton to move – That this House, recognising the first anniversary of the completion of the Crafers to Glen Osmond Highway, congratulates all of those who have played a part in providing the significant improvements to this major carriageway. 

 

Mr Meier to move – That this House congratulates the Yorke Peninsula Rail Preservation Society on reopening the railway from Wallaroo to Bute and thanks the Minister for Transport for the assistance in granting the lease of the rail track.

 

      For Thursday 29 March 2001

 

Mr Hamilton-Smith to move – That this House congratulates the Federal Government on its January 2001 Innovation Statement.

 

____________

 

 

      Present during the day - All Members.

 

 

 

 

                                                                                                   J K G Oswald

                                                                                                   SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY