No 20

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 29 NOVEMBER 1995

 

 

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 60 to 62

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

 

60 Ms Stevens, from 4 315 residents of South Australia, requesting that the House urge the Government to fund and provide appropriate accommodation, care and support services for people with an intellectual disability.

 

61 Ms Stevens, from 46 residents of South Australia, requesting that the House urge the Government to restore School Service Officers’ hours to the level that existed when the Government assumed office.

 

62 Ms Stevens, from 359 residents of South Australia, requesting that the House urge the Government to allocate more resources to the northern suburbs, in particular financial counselling, emergency relief, quality housing, special education teachers, paediatric speech therapists and family support services.

 

3    Answer to question

An answer to a question without notice was tabled by the Speaker.

 

4    Senate Vacancy - Joint Sitting of Members of the Two Houses - Minutes

The Speaker tabled the Minutes of the Assembly of Members of the two Houses, held today, for the choosing of a Senator to hold the place rendered vacant by the resignation of Senator John Richard Coulter, to which vacancy Ms Natasha Jessica Stott Despoja was appointed.

 

5    Papers

The following Papers were tabled:

 

By the Minister for Industrial Affairs (Hon G A Ingerson) -

Industrial Affairs, Department for - Report, 1994-95

Rules of Court - Industrial and Employee Relations Court - Industrial and Employee Relations Court Act - Industrial Proceedings Rules - Amendments

 

By the Minister for Housing, Urban Development and Local Government Relations (Hon J K G Oswald) -

HomeStart Finance Ltd - Report, 1994-95


By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) -

   Ministerial Statements -

      Double Road Train Trial - Port Augusta to Lochiel

      Malaysia Airlines Passenger and Freighter Flights

 

By the Minister for Primary Industries (Hon D S Baker) -

Agriculture, Advisory Board of - Report, 1994-95

 

By the Minister for Emergency Services (Hon W A Matthew) -

Country Fire Service - Report, 1994-95

South Australian Metropolitan Fire Service - Report, 1994-95.

 

6    Joint Committee on Living Resources

The Minister for Environment and Natural Resources (Hon D C Wotton) brought up the Second Interim Report, together with Minutes of Proceedings and Evidence.

Report received.

Ordered to be printed (Paper No 194).

 

7    Legislative Review Committee - Report - Fourteenth Report

Mr Cummins brought up the Fourteenth Report of the Committee.

     Report received.

 

8    Social Development Committee - Report - Rural Poverty in South Australia

Mr Leggett brought up the Eighth Report of the Committee.

     Report received (Paper No 193).

 

9    Questions

     Questions without notice were asked.

 

10   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

11   Racial Vilification Bill

The Premier (Hon D C Brown), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to prohibit certain conduct involving vilification of people on the ground of race; to amend the Wrongs Act 1936 to provide redress for the victims of racial vilification.

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 Clarke, that the debate be adjourned until tomorrow.

 

12   Workers Rehabilitation and Compensation (SGIC) 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 Workers Rehabilitation and Compensation Act 1986.

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 Clarke, that the debate be adjourned until tomorrow.


13   Message from the Legislative Council

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

 

     Security and Investigation Agents Bill                  Message No 38

MR SPEAKER -  The Legislative Council has agreed to the amendment made by the House of Assembly in the Security and Investigation Agents Bill and has consequentially amended the Bill as indicated by the annexed Schedule, to which consequential amendment the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 28 November 1995             H P K Dunn, PRESIDENT

 

     Schedule of the amendment made by the Legislative Council consequentially to the amendment made by the House of Assembly and agreed to by the Legislative Council

     Page 11, lines 28 to 31 (clause 20) - Leave out subclause (3) and insert new subclause as follows:-

           “(3) A natural person who is -

              (a)   a licensed security agent authorised to perform the function of controlling crowds;

           or

              (b)   an agent of a class specified by the regulations,

           must comply with the requirements of the regulations about the wearing of identification or a uniform (or both).

           Maximum penalty:                            $1,250.

           Expiation fee:                              $160.”

                                    J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

     Resolved - That the consequential amendment be agreed to.

 

____________

 

     The House having resumed:

     Mr Bass reported that the Committee had considered the consequential amendment referred to it and     had agreed to the same without amendment.

 

14   Statutes Amendment (Sunday Auctions and Indemnity Fund) 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.

 

15   Consumer Transactions (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.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.


16   Classification (Publications, Films and Computer Games) 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.

 

17   Statutes Amendment (Drink Driving) 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.

 

18   Extension of time for adjournment

The Deputy Premier (Hon S J Baker) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

19   Suspension and resumption of sitting

At 5.36 pm the sitting of the House was suspended.

At 10.43 pm the Speaker resumed the Chair.

 

20   Messages from the Legislative Council

The following Messages from the Legislative Council were received and read:

 

Referendum (Water Supply and Sewerage Systems) Bill           Message No 39

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the holding of a referendum of electors relating to management of the State’s public water supply and sewerage systems, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

 

     Ordered - That the second reading be an Order of the Day for tomorrow.


     Criminal Law Consolidation (Appeals) Amendment Bill           Message No 40

MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Criminal Law Consolidation (Appeals) Amendment Bill, for the Reason indicated in the annexed Schedule. The Legislative Council returns the Bill herewith and desires its reconsideration.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the House of Assembly

and disagreed to by the Legislative Council

No 1. Clause 6, page 4, after line 14 - Insert -

      “(aa) if a person is tried on information and acquitted and the trial was by a judge sitting alone, the Director of Public Prosecutions may appeal against the acquittal on any ground with the leave of the Full Court;”

No 2. Clause 7, page 5, lines 2 and 3 - Leave out all words in these lines and substitute the following:

   “7.  Section 353 of the principal Act is amended -

      (a)   by inserting after subsection (2) the following subsection:

         (2a)  On an appeal against acquittal brought by the Director of Public Prosecutions, the Full Court may exercise any one or more of the following powers:

            (a)   it may dismiss the appeal;

            (b)   it may allow the appeal and direct a new trial;

            (c)   it may make any consequential or ancillary orders that may be necessary or desirable in the circumstances.;

      (b)   by inserting after subsection (3) the following subsection:”

                                    J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

     The Deputy Premier moved - That the amendments be insisted on.

 

     Question put.


     Committee divided (No 1)

 


                    Ayes, 28

 

Mr Andrew

Hon M H Armitage

Mr Ashenden

Hon D S Baker

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Mr Kerin

Mrs Kotz

Mr Leggett

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon S J Baker (Teller)


            Noes, 9.

 

Mr Bass

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White

Mr Clarke (Teller)


 

     So it was resolved in the affirmative.

 

____________

 

     The House having resumed:

Hon H Allison reported that the Committee had considered the Message referred to it and had resolved that the amendments be insisted on.

 

Summary Offences (Overcrowding at Public Venues) Amendment Bill           Message No 41

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Summary Offences Act 1953, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That the second reading be taken into consideration on motion.

 

     Racing (Amalgamation of Pools) Amendment Bill           Message No 42

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Racing Act 1976, without any amendment.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

     Dog Fence (Special Rate, etc) Amendment Bill            Message No 43

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an act to amend the Dog Fence Act 1946, without any amendment.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

     Local Government (Boundary Reform) Amendment Bill       Message No 44

MR SPEAKER - The Legilsative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1934, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

Schedule of the amendments made by the Legislative Council to which
the House of Assembly disagrees

No 1  Page 4 (clause 10) - After line 27 insert new word and paragraph as follows:-

      “or

      (c)   in pursuance of a proposal recommended by the Minister under Division X.”

No 2  Page 5, line 2 (clause 10) - Leave out “12 months” and insert “five years”.

No 3  Page 5, line 17 - After “GOVERNMENT” insert “BOUNDARY”.

No 4  Page 5, lines 20 to 35 (clause 10) - Leave out section 15 and insert new section as follows:-

   15Interpretation (1)  In this Division -

      “structural reform proposal” means a proposal to -

         (a) constitute a council; or

         (b) amalgamate two or more councils; or

         (c) abolish a council and incorporate its area into the areas of two or more councils; or

         (d) alter the boundaries of a council area; or

         (e)   establish a co-operative scheme for the integration or sharing of staff and resources within a federation of councils.

   (2)  If a proclamation under this Part providing for the constitution, amalgamation or abolition of a council or councils, or providing for the alteration of the boundaries of a council area or areas, has been made, a proposal that relates to any related matter that may be the subject of a separate proclamation under this Part will not be taken to be (or to form part of) a structural reform proposal for the purposes of this Division.’

No 5  Page 6 (clause 10) - After line 7 insert new subsection as follows:-

      “(4)  The Board cannot be brought under the operation of the Public Corporations Act 1993.”

No 6  Page 6, line 11 (clause 10) - Leave out “four” and insert “three”.

No 7  Page 6, line 12 (clause 10) - Leave out “two being persons selected from a panel of eight” and insert “two being persons selected from a panel of six”.

No 8  Page 6 (clause 10) - After line 13 insert new subparagraph as follows:-

   “(iii) one being a person selected from a panel of two persons nominated by the United Trades and Labor Council; and”.

No 9  Page 6, line 23 (clause 10) - After “member of the Board” insert “appointed under subsection (1)(a) ”.

No 10 Page 6, line 28 (clause 10) - Leave out “eight” and insert “six”.

No 11 Page 6 (clause 10) - After line 29 insert new subsection as follows:-

      “(8) The deputy to the person appointed under subsection (1)(a)(iii) must be a person selected from the panel of two nominated by the United Trades and Labor Council under that subsection.”

No 12 Page 7, line 27 (clause 10) - After “South Australia” insert “or the United Trades and Labor Council”.

No 13 Page 7, line 28 (clause 10) - Leave out “three” and insert “two”.

No 14 Page 7, line 28 (clause 10) - Leave out “that” and insert “the relevant”.

No 15 Page 8 (clause 10) - After line 25 insert new subclause as follows:-

   “(3a) A meeting of the Board should be open to the public unless the Board is considering a matter that, in the opinion of the Board, should be dealt with on a confidential basis.”

No 16 Page 8 (clause 10) - After line 26 insert new subsections as follow:-

   “(4a) A person is entitled, on request, to receive a copy of any Board minutes that have been adopted by the Board.

   (4b)     However, the Board may, before it releases a copy of any minutes under subsection (4a), exclude from the minutes information about any matter considered on a confidential basis by the Board.”

No 17 Page 9, line 20 (clause 10) - Leave out “establish and publish criteria” and insert “recommend criteria, to be prescribed by regulation,”.

No 18 Page 9, line 22 (clause 10) - After “against those” insert “prescribed”.

No 19 Page 9, line 27 (clause 10) - Leave out “its” and insert “the prescribed”.

No 20 Page 9, line 35 (clause 10) - Leave out the word “and” first occurring.

No 21 Page 10, lines 1 to 3 (clause 10) - Leave out subparagraph (i).

No 22 Page 10 (clause 10) - After line 10 insert new subsection as follows:-

   “(3)  The Governor may, by regulation, prescribe criteria for the purposes of subsection (1)(c).”

No 23 Page 10, lines 14 to 18 (clause 10) - Leave out all words in these lines after “local government” in line 14 and insert the following:-

      “to meet the objects of local government under this Act -

         (a)   the establishment of the most appropriate number of councils under this Act; and

         (b)   the provision of local government services in a cost effective and rational manner.”

No 24 Page 11, line 9 (clause 10) - Leave out “and”.

No 25 Page 11 (clause 10) - After line 9 insert new subparagraph as follows:-

   “(x)     in certain circumstances a scheme that provides for the integration or sharing of staff and resources by two or more councils may offer a community or communities a viable and appropriate alternative to boundary reform options.”

No 26 Page 11, line 10 (clause 10) - Leave out paragraph (b).

No 27 Page 11, line 14 (clause 10 ) - Leave out “public and private”.

No 28 Page 11 (clause 10) - After line 18 insert new subclause as follows:-

   “(1a) A hearing or inquiry should be open to the public unless the Board is hearing, considering or determining a representation or matter that, in the opinion of the Board, should be dealt with on a confidential basis.”

No 29 Page 11, line 21 (clause 10 ) - Leave out “signed by a member of the Board” and insert “issued by the Board”.

No 30 Page 12 (clause 10) - After line 17 insert new subsections as follow:-

   “(2A) At least one member of each committee established under subsection (2) must be a person nominated by the Local Government Association of South Australia.

   (2B)     At least one member of each committee established under subsection (2) must be a woman and at least one member must be a man.”

No 31 Page 12 (clause 10) - After line 18 insert new subclause as follows:-

      “(3a) The Board must consult with the Local Government Association of South Australia -

         (a) before it establishes a committee under this section (other than under subsection (2)); and

         (b) before it appoints a person who is not a member, or a deputy member, of the Board to a committee established under this section.”

No 32 Page 12 (clause 10) - After line 20 insert new subclause as follows:-

   “(4a) However, a meeting of a committee should be open to the public unless the committee is considering a matter that, in the opinion of the committee, should be dealt with on a confidential basis.”

No 33 Page 14 (clause 10) - After line 11 insert new subclause as follows:-

   “(3a) The Board must, in formulating or considering a proposal under this section, take into account any relevant proposal submitted to the Board under Subdivision 6.”

No 34 Page 14, lines 20 and 21 (clause 10) - Leave out all words in these lines after “proposal” in line 20.

No 35 Page 15, line 31 (clause 10) - After “will” insert “, after consultation with the relevant councils,”.

No 36 Page 16, lines 6 and 7 (clause 10) - Leave out subparagraph (ii) and insert new sub-paragraph as follows:-

   “(ii)    the Board must not release the summary until the Electoral Commissioner has certified that he or she is satisfied that the Board has taken reasonable steps to ensure that the summary presents the arguments for and against the implementation of the proposal in a fair and comprehensive manner;”

No 37 Page 16, line 19 (clause 10) - Leave out “50” and insert “40”.


No 38 Page 17 (clause 10) - After line 16 insert new word and paragraph as follows:-

   “or

   (c)      if the report relates to a proposal under Subdivision 6 and the Board has not recommended that the proposal proceed - at the request of one or more councils - consult with the relevant councils about the matter.”

No 39 Page 17, lines 17 to 26 (clause 10) - Leave out subsections (2) to (5) and insert new subsections as follow:-

      “(2)  If a request is made under subsection (1)(b)  -

         (a) the request must contain a statement of the reasons for the request; and

         (b) the Board may, after considering the request and taking such steps as may be requested or as it thinks fit, amend or confirm its report, including any proposal recommended in the report, subject to the qualification that it cannot amend or substitute a structural reform proposal without the consent of all councils affected by the proposal, and must then send the report back to the Minister.

      (3) If the Minister consults with councils under subsection (1)(c), the Minister must also consult with the Board about the matter (and obtain any report from the Board that the Minister thinks fit).

      (4) The Minister may then -

         (a) on the basis of the report of the Board (but subject to the result of a binding poll under Subdivision 7), forward to the Governor a proposal recommended by the Board for the making of a proclamation under this Part; or

         (b) if -

            (i)       the Minister has undertaken consultation with various councils under subsection (1)(c); and

            (ii)      on the basis of that consultation, and after taking into account a relevant three-year financial management plan prepared under this Division, any report or comments prepared or provided by the Board in relation to the matter, and any other matter that the Minister thinks fit, the Minister decides that it is appropriate to make a recommendation to the Governor in the circumstances of the particular case; and

            (iii)     all councils affected by the proposal agree with the Minister’s recommendation,forward to the Governor a proposal recommended by the Minister for the making of a proclamation under this Part; or

         (c) determine that a particular proposal should not further proceed under this Part.

   (5)      If a proclamation providing for the constitution, amalgamation or abolition of a council or councils, or providing for the alteration of the boundaries of a council area or areas is made under subsection (4)(b), the Governor may, by subsequent proclamation made on the recommendation of the Minister, make provision for any related matter that may be the subject of a separate proclamation under this Part.

   (6)   A proclamation under subsection (4)(b) or (5) may be based on a proposal or recommendation that has not been submitted, formulated or considered under Subdivision 6 or 7.”

No 40 Page 17, line 28 (clause 10) - Leave out the word “and”.

No 41 Page 17, line 32 (clause 10) - Leave out the word “and”.

No 42 Page 18, lines 6 and 7 (clause 10) - Leave out paragraph (b)  and insert new paragraph as follows:-

   “(b)     must state the impact that the implementation of the proposal is expected to have on the quality and extent of services delivered or provided within the relevant area.”

No 43 Page 18 (clause 10) - After line 9 insert new sections as follow:-

   22AB Draft proposals (1)  Councils may submit to the Board a draft or outline of a proposal for the making of a proclamation under this Part.

   (2)   If a proposal is submitted under subsection (1), the Board must undertake a preliminary assessment of the proposal and then provide advice to the relevant councils about the extent to which the proposal is consistent with the criteria and principles that apply under this Part, about action that could (in the opinion of the Board) be taken to improve the proposal (if appropriate), and about other matters determined by the Board to be relevant.

   22AC Report if council proposal rejected If a proposal submitted by councils under Subdivision 6 (or an alternative proposal agreed to by the relevant councils in consultation with the Minister) does not proceed to a proclamation under this Part after completion of all relevant procedures under this Part, the Minister must prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.

   22AD Report if Board proposal submitted to poll If a proposal formulated by the Board under Subdivision 7 is submitted to a poll under that subdivision, the Minister must, after the completion of the poll and after receiving advice from the Board, prepare a report on -

      (a)   the outcome of the poll; and

      (b)   the action that the Board has taken, or proposes to take, on account of the outcome of the poll,

   and cause copies of the report to be laid before both Houses of Parliament.”

No 44 Page 18, lines 22 to 26 (clause 10) - Leave out all words in these lines after “section 18(3)” in line 22.

No 45 Page 18 (clause 10) - After line 26 insert new section as follows:-

   22BAProvision of reports to councils (1)  The Board must, at the time that it provides a report to the Minister under Subdivision 6 or 7, send a copy of the report to each council affected by a proposal to which the report relates.

   (2)   If the Board, at the request of the Minister, amends a report, the Board must immediately send a copy of the amended report to each council that received a copy of the original report under subsection (1).”

No 46 Page 19, line 21 (clause 17) - After “relating to” insert the following:-

      “ -

      (a) ”.

No 47 Page 19 (clause 17) - After line 22 insert the following:-

      “and

      (b)   any changes to the quality or extent of services delivered or provided within the relevant area on account of the constitution or formation of the council.”

No 48 Page 19, lines 23 to 38 and page 20, lines 1 to 14 (clause 18) - Leave out the clause.

No 49 Page 21, line 7 (clause 21) - Leave out “25 October” and insert “30 November”.

                                    J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

     Resolved - That the amendments be disagreed to.

 

____________

 

     The House having resumed:

Hon H Allison reported that the Committee had considered the amendments referred to it and had resolved to disagree to the same.

 

Workers Rehabilitation and Compensation (Mental Incapacity)

   Amendment Bill                                       Message No 45

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Workers Rehabilitation and Compensation Act 1986, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That the second reading be an Order of the Day for tomorrow.

 

21   Summary Offences (Overcrowding at Public Venues) Amendment Bill

     Ordered - That the second reading of this Bill be now resumed.

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

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


22   Messages from the Legislative Council

     The following Messages from the Legislative Council were received and read:

 

     Criminal Law Consolidation (Appeals) Amendment Bill           Message No 46

MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Criminal Law Consolidation (Appeals) Amendment Bill. In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five Managers.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

   Conference

The Deputy Premier moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and place for holding it be the Second floor Conference Room, at 12.30 pm tomorrow; and that Mr Clarke, Mrs Kotz, Ms Stevens, Mr Wade and the Deputy Premier be the Managers on the part of this House.

 

     Local Government (Boundary Reform) Amendment Bill       Message No 47

MR SPEAKER - The Legislative Council insists on its amendments in the Local Government (Boundary Reform) Amendment Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

     Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

     Resolved - That the disagreement to the amendments be insisted on.

____________

 

     The House having resumed:

     Hon H Allison reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the amendments.

 

     Conference - Local Government (Boundary Reform) Amendment Bill

The Minister for Housing, Urban Development and Local Government Relations moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Local Government (Boundary Reform) Amendment Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr Clarke, Ms Hurley, Mrs Rosenberg, the Deputy Premier and the Minister for Housing, Urban Development and Local Government Relations be the Managers of the Conference on the part of this House.

Question put and passed.

 

23   Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

     Question put.

       
     House divided (No 2)

 


                    Ayes, 28

 

Hon H Allison

Mr Andrew

Mr Ashenden

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Mr Kerin

Mrs Kotz

Mr Leggett

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon S J  Baker (Teller)


            Noes, 9.

 

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White

Mr Clarke (Teller)


 

     So it was resolved in the affirmative.

 

-------------------------

It being midnight:

THURSDAY 30 NOVEMBER 1995

------------------------

 

24   Messages from the Legislative Council

     The following Messages from the Legislative Council were received and read:

 

     Criminal Law Consolidation (Appeals) Amendment Bill - Conference          Message No 48

MR SPEAKER - In reply to Message No 53 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

     Local Government (Boundary Reform) Amendment Bill - Conference            Message No 49

MR SPEAKER - The Legislative Council has, in reply to Message No 54 from the House of Assembly, agreed to grant a Conference on the Local Government (Boundary Reform) Amendment Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 12 midnight to receive the Managers on behalf of the House of Assembly, at the Interview Room on the Ground Floor of the Legislative Council.

     Legislative Council, 29 November 1995             H P K Dunn, PRESIDENT

 

     Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed                                             by the Council.

 

25   Adjournment

     House adjourned at 12.10 am until 10.30 am today.

 

 

     ____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

     For Thursday 30 November 1995

        Notices of Motion:  Government Business-

 

The Minister for Emergency Services to move - That he have leave to introduce a Bill for an Act to establish a program to give protection and assistance to certain witnesses and other persons and for other purposes.

 

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.

 

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

 

Mr Leggett to move - That the Eighth Report of the Social Development Committee on Rural Poverty, be noted.

 

     For Thursday 8 February 1996

        Notice of Motion:  Other Motions-

 

Ms Greig to move - That this House -

      (a) condemns the execution of the 9 Ogoni community members including Ken Saro-Wiwa and Dr Barinem Kiobel in Nigeria on 10 November 1995 and the continued detention of 17 Ogoni members detained under “holding charges” and calls on the Government of Nigeria to release them or promptly and fairly try them before a properly constituted court; and

      (b) resolves to urge the Federal Government to pass these concerns to the Nigerian Government through appropriate multilateral diplomatic channels.

____________

 

 

     Present during the day - All Members except Mr Atkinson (on leave) .

 

     The following Pairs were handed in at the Table during the days proceedings:

 

     Division No 1 -

        Ayes - Hon D C Brown

        Noes - Hon M D Rann

 

     Division No 2 -

        Ayes - Hon D C Wotton

        Noes - Hon M D Rann

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY