No. 20

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                ____________

 

 

                          WEDNESDAY 20 APRIL 1994

 

 

 1   Meeting of House

     The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

    

 2   Petitions Nos 44 to 46

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

 

     44 Mr Lewis, from 1 013 residents of South Australia, requesting that the House urge the Government to ensure that water to consumers drawn from the River Murray is filtered.

 

     45 Mrs Rosenberg, from 95 residents of South Australia, requesting that the House urge the Government to install traffic lights on Main South Road at  Old Noarlunga.

 

     46 Mrs Rosenberg, from 29 residents of South Australia, requesting that the House urge the Government to install a pedestrian crossing at the intersection of Commercial Road and Main Street at Seaford Rise.

 

 3   Legislative Review Committee - Reports

     Mr Cummins brought up the Eleventh Report, 1994, of the Legislative Review Committee.

     Report received and read as follows:

 

     The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

     Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

     Regulations referred to:-

     Workers Rehabilitation and Compensation Act 1986 - Regulations - Hearing Loss

     Workers Rehabilitation and Compensation Act 1986 - Regulations - Assessment of Non-Economic Loss

 

     Mr Cummins brought up the Twelfth Report, 1994 ,  of the Legislative Review Committee.

     Report received.

 

 4   Questions

     Questions without notice were asked.

     Ordered - That the period for asking questions without notice be extended by five minutes.

     Questions without notice resumed.


 

 5   Grievance debate

     The Speaker moved - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

6    Superannuation (Miscellaneous) Amendment Bill

     The Treasurer (Hon S.J. Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Superannuation Act 1988 and to make a related amendment to the Superannuation (Benefit Scheme) Act 1992.

     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 Atkinson, that the debate be adjourned until tomorrow.

 

7    Postponement of business

     Ordered - That Notice of Motion (Government Business) No. 2 be postponed and taken into consideration on motion.

 

8    Crown Lands (Liability of the Crown) Amendment Bill

     The Minister for the Environment and Natural Resources (Hon. D.C. Wotton), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Crown Lands Act 1929.

     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 Atkinson, that the debate be adjourned until tomorrow.

 

9    Agricultural and Veterinary Chemicals (South Australia) Bill

     Ordered - That  Notice of Motion (Government Business) No. 2 be now taken into consideration.

     The Minister for Primary Industries (Hon. D.S. Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to apply certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of South Australia; 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 Mr Atkinson, that the debate be adjourned until tomorrow.

 

10   Passenger Transport Bill

     Order of the Day read for the second reading of this Bill.

     The Minister for Tourism (Hon. G.A. Ingerson) moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Atkinson, that the debate be adjourned and resumed on motion.

 

11   Juries (Jurors in Remote Areas) Amendment Bill

     Order of the Day read for the second reading of this Bill.

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

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until tomorrow.

 

12   Retirement Villages (Miscellaneous) 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 14 agreed to.

                        Clause No. 15 amended and agreed to.

                        Clause No. 16 agreed to.

                        Title agreed to.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

     Bill read a third time and passed.

 

13   Postponement of business

     Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for tomorrow.

 

14   Limitation of Actions (Recovery of Taxes and Substantive Law) 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 3 agreed to.

                        Clause No. 4 amended and agreed to.

                        Clauses Nos 5 and 6 agreed to.

                        Title agreed to.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

     Bill read a third time and passed.

 

15   Postponement of business

     Ordered - That Order of the Day (Government Business) No. 6 be postponed and taken into consideration on motion.

 

16   Industrial and Employee Relations Bill

     Order of the Day read for the further consideration in Committee of this Bill.

 

                                In Committee

                        Clause No. 97 further considered.

     Mr Clarke moved on page 39, line 3 to leave out the words:

     "within 28 days after the date of the request" and insert in lieu thereof the words "within 24 hours after the time of the request".

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

                        Clause agreed to.

                        Clause No. 98 agreed to.

                        Clause No. 99 read.

     Question - That the Clause stand as printed - put.

     Committee divided (No. 1):

 

              Ayes, 28.

 

         Mr Andrew

         Hon. M.H. Armitage

         Mr Ashenden

         Hon. D.S. Baker

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Evans

         Ms Greig

         Hon. G.M. Gunn

         Ms Hall

         Mr Kerin

         Mrs Kotz

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Penfold

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Hon. D.C. Wotton

         Hon. G.A. Ingerson (Teller)

              Noes, 9.

 

         Hon. L.M.F. Arnold

         Mr Atkinson

         Hon. F.T. Blevins

         Mr De Laine

         Mr Foley

         Mr Quirke

         Hon. M.D. Rann

         Ms Stevens

         Mr Clarke (Teller)

 

 

     So it was resolved in the affirmative.

                        Clauses Nos 100 to 108 agreed to.

     Mr Clarke moved on page 45, after line 14 to insert new Clause No. 108a as follows:

     108A. Object of Part.  (1) The object of this Division is to give effect, in particular situations, to Australia's international obligation to provide for a right to strike.

     (2)     The Parliament considered that it is necessary to provide specific legislative protection for the right to strike, subject to limitation compatible with the existence of the right, in situations where -

        (a)  there exists an industrial dispute involving an employer and one or more associations members of which -

            (i)         are employed by the employer to perform work in a single business, part of a single business or a single place or work; and

            (ii)        are covered by an award; and

        (b)  the employer and the association are negotiating an enterprise agreement.

     Question - That new Clause No. 108a be inserted - put.


     Committee divided (No. 2):

 

              Ayes, 9.

 

         Hon. L.M.F. Arnold

         Mr Atkinson

         Hon. F.T. Blevins

         Mr De Laine

         Mr Foley

         Mr Quirke

         Hon. M.D. Rann

         Ms Stevens

         Mr Clarke (Teller)

              Noes, 31.

 

         Mr Andrew

         Hon. M.H. Armitage

         Mr Ashenden

         Hon. D.S. Baker

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Hon. D.C. Brown

         Mr Buckby

         Mr Caudell

         Mr Evans

         Ms Greig

         Hon. G.M. Gunn

         Ms Hall

         Mr Kerin

         Mrs Kotz

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Penfold

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Hon. G.A. Ingerson (Teller)

 

     So it passed in the negative.

                        Clause No. 109 read.

 

     To report progress and ask leave to sit again.

 

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

     Ordered - That the Committee have leave to sit again tomorrow.

 

17   Message from the Legislative Council

     The following Message from the Legislative Council was received and read:

 

     Racism - Resolution re                                  Message No. 27

     MR SPEAKER - The Legislative Council informs the House of Assembly that it has passed the Resolution transmitted herewith, and desires the concurrence of the House of Assembly thereto.

 

                           Resolution referred to

 

     That this Council condemns the racist activities of certain elements in our community and calls on all South Australian to join in this condemnation of racism in our society.

     Legislative Council, 20 April 1994                H.P.K. Dunn, PRESIDENT

     Ordered - That the Message be taken into consideration tomorrow.

 

18   Passenger Transport Bill

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

     Debate resumed.

     Question put and passed.

 

     Bill read a second time.

 

                                In Committee

                        Clause No. 1 agreed to.

                        Clause No. 2 read.

 

     To report progress and ask leave to sit again.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

     Ordered - That the Committee have leave to sit again tomorrow.

 

19   Adjournment

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

     Debate ensued.

 

20   Message from the Legislative Council

     The following Message from the Legislative Council was received and read:

 

     Criminal Law Consolidation (Sexual Intercourse) Amendment Bill            Message No. 28

     MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 20 April 1994                H.P.K. Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered, that the second reading be an Order of the Day for tomorrow.

 

21   Adjournment

     Debate (interrupted by receipt of the foregoing Message) resumed.

     Question put and passed.

     House adjourned at 10.13 p.m. until tomorrow at 10.30 a.m.

 

                                ____________

 

 

                       MOTIONS WHICH NOTICE WAS GIVEN

 

 

     For Thursday 21 April 1994

        Notices of Motion: Government Business-

 

     The Deputy Premier to move - That he have leave to introduce a Bill for an Act to amend the Environment, Resources and Development Court Act 1993.

 

     The Minister for Primary Industries to move - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971.

 

     The Minister for Primary Industries to move - That he have leave to introduce a Bill for an Act to amend the Forestry Act 1950.

 

     The Minister for Emergency Services to move - That he have leave to introduce a Bill for an Act to amend the Police Act 1952.

 

     The Minister for Correctional Services to move - That he have leave to introduce a Bill for an Act to amend the Correctional Services Act 1982, the Criminal Law (Sentencing) Act 1988 and the Young Offenders Act 1993.

 

        Notices of Motion: Private Members Bills/Committees/Regulations-

 

     Hon. F.T. Blevins to move - That he have leave to introduce a Bill for an Act to amend the Daylight Saving Act 1971.

 

     Mr Cummins to move - That the Regulations under the Workers Rehabilitation and Compensation Act 1986 relating to Assessment of Non-Economic Loss, made on 17 March 1994 and laid on the Table of this House on 22 March 1994, be disallowed.

 

     Mr Cummins to move - That the Regulations under the Workers Rehabilitation and Compensation Act 1986 relating to Hearing Loss, made on 17 March 1994 and laid on the Table of this House on 22 March 1994, be disallowed.

 

     For Thursday 5 May 1994

        Notice of Motion: Other Motions-

 

     Mr Andrew to move - That this House supports the need for a new bridge over the River Murray in the Riverland near Berri and in particular, supports the Minister for Transport in her attempts to obtain from the Federal Minister of Transport both time scale and position detail of the Federal Government's commitment of incorporating a new bridge in the Riverland as part of the Sturt Highway upgrade to National status.

                                ____________

 

 

     Present during the day - All the Members.

 

 

 

 

 

                                                            G.M. Gunn

                                                            SPEAKER

 

G.D. Mitchell

CLERK