No 20

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 22 NOVEMBER 2004

 

 

1 Meeting of House

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

 

2 Death of Ms Janine Haines OAM

The Premier (Hon M D Rann), by leave, moved - That the House of Assembly expresses its deep regret at the death of Ms Janine Haines OAM, former Member of the Senate and former Leader of the Australian Democrats, and places on record its appreciation of her long and meritorious service.

And being supported by the Leader of the Opposition (Hon R G Kerin), Ms Breuer, Mr Brindal, Minister for Employment, Training and Further Education (Hon S W Key), Mr Koutsantonis, Mrs Hall, Minister for Environment and Conservation (Hon J D Hill) and the Speaker.

Motion carried in silence; Members rising in their places.

 

3 Petition No 32

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

 

32 Minister for Health, (Hon L Stevens), from 6574 residents of South Australia, requesting the House to urge the Government to ensure that surgery and birthing services continue at the Loxton, Renmark and Waikerie Hospitals.

 

4 Answers to questions

Answers to questions on the Notice Paper Nos 4, 9, 27, 33, 38, 45, 52, 59, 85, 86, 89, 98 and 189 were tabled by the Speaker.

 

5 Papers

The following Papers were tabled:

 

By the Speaker

Regional Council of Goyder Report 2003-2004

District Council of Tumby Bay Report 2003-2004.

 

The following Paper was tabled:

 

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

Botanic Gardens and State Herbarium, Board of the Report 2003-2004.

 

6 Questions

Questions without notice were asked.

 

7 Grievance debate

On motion of the Speaker, the House noted grievances.

 

 

 

8 Select Committee on the Juvenile Justice System

Order of the Day read for the Report of the Select Committee on the Juvenile Justice System to be brought up.

 

Extension of time for bringing up Report

Hon R B Such moved - That the time for bringing up the Report be extended until Thursday 9 December.

Question put and passed.

 

9 Select Committee on the Statutes Amendment (Parliament Finance and Services) Bill

Order of the Day read for the Report of the Select Committee on the Statutes Amendment (Parliament Finance and Services) Bill to be brought up.

 

Extension of time for bringing up Report

The Minister for the River Murray (Hon K A Maywald), moved - That the time for bringing up the Report be extended until Thursday 9 December.

Question put and passed.

 

10 Industrial Law Reform (Fair Work) Bill

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

 

In Committee

Clause No 6 further considered.

 

Hon I F Evans moved, on page 6, lines 22 to 24, to delete subclause (4).

Question That the amendment be agreed to put.

 

Committee divided (No 1):

 

Ayes, 23

 

Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Mr O'Brien

Hon K A Maywald

Ms Rankine

Hon R J McEwen

Hon M D Rann

Dr McFetridge

Mr Rau

Mr Meier

Mr Snelling

Mrs Penfold

Hon L Stevens

Mrs Redmond

Ms Thompson

Mr Scalzi

Hon J W Weatherill

Mr Venning

Hon P L White

Mr Williams

Hon M J Wright (Teller)

Hon I F Evans (Teller)

 

 

So it was resolved in the affirmative.

 

Hon I F Evans moved, on page 6, lines 25 to 27, to delete subclause (5).

Question That the amendment be agreed to put.

 

 

 

 

 

 

 

Committee divided (No 2):

 

Ayes, 23

 

Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Hon K A Maywald

Mr O'Brien

Hon R J McEwen

Ms Rankine

Dr McFetridge

Hon M D Rann

Mr Meier

Mr Rau

Mrs Penfold

Mr Snelling

Mrs Redmond

Hon L Stevens

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Hon I F Evans (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.

 

So it passed in the negative.

 

Hon I F Evans moved, on page 7, lines 1 to 25, to delete subclauses (7), (8) and (9).

Question That the amendment be agreed to put.

 

Committee divided (No 3):

 

Ayes, 22

 

Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon I P Lewis

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Hon K A Maywald

Hon J D Lomax-Smith

Hon R J McEwen

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon I F Evans (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.

 

So it passed in the negative.

 

Clause No 6 otherwise amended and agreed to.

Clause No 7 amended.

 

Question That Clause No 7, as amended be agreed to put.

 

 

 

Committee divided (No 4):

 

Ayes, 22

 

Noes, 22

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Hon K A Maywald

Mr O'Brien

Hon R J McEwen

Ms Rankine

Dr McFetridge

Hon M D Rann

Mr Meier

Mr Rau

Mrs Penfold

Mr Snelling

Mrs Redmond

Hon L Stevens

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon M J Wright (Teller)

Hon I F Evans (Teller)

 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes.

 

So it passed in the affirmative.

 

Clause No 8 amended and agreed to.

Clauses Nos 9 to 12 agreed to.

Clause No 13 read.

 

Question - That the clause stand as printed - put.

 

Committee divided (No 5):

 

Ayes, 22

 

Noes, 22

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Hon K A Maywald

Mr O'Brien

Hon R J McEwen

Ms Rankine

Dr McFetridge

Hon M D Rann

Mr Meier

Mr Rau

Mrs Penfold

Mr Snelling

Mrs Redmond

Hon L Stevens

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon M J Wright (Teller)

Hon I F Evans (Teller)

 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes.

 

So it passed in the affirmative.

 

Clause No 14 read.

 

To report progress and ask leave to sit again.

 

____________

 

The House having resumed:

Hon R B Such reported that the Committee had further 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 on motion.

 

11 Extension of time for adjournment

Ordered, on motion of the Minister for Industrial Relations, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

12 Industrial Law Reform (Fair Work) Bill

Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

Clause No 14 further considered and agreed to.

Clauses Nos 15 to 20 agreed to.

New Clause No 20A inserted.

Clause No 21 amended.

 

Question That the clause as amended be agreed to put.

 

Committee divided (No 6):

 

Ayes, 23

 

Noes, 21

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Hon K A Maywald

Hon I P Lewis

Hon R J McEwen

Hon J D Lomax-Smith

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Hon M D Rann

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Hon I F Evans (Teller)

Hon J W Weatherill

 

Hon M J Wright (Teller)

 

 

So it passed in the affirmative.

 

Clauses Nos 22 to 24 agreed to.

Clause No 25 read.

 

The Minister for Industrial Relations moved, on page 12, line 22, after "such other" insert:

incidental or related

 

To report progress and ask leave to sit again.

 

____________

 

The House having resumed:

Mr Snelling reported that the Committee had further 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.

 

13 Adjournment

House adjourned at 11.59 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Tuesday 23 November 2004

 

Notice of Motion: Government Business -

 

The Attorney-General to move That he have leave to introduce a Bill for an Act to amend the Partnership Act 1891; and to make a related amendment to the Business Names Act 1996.

 

 

For Wednesday 24 November 2004

 

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

 

Mr Venning to move That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

 

 

____________

 

 

Present during the day - All Members.

 

 

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

 

Division No 3 -

Ayes Leader of the Opposition (Hon R G Kerin).

Noes - Minister for Transport (Hon P L White).

 

Division No 4 -

Ayes - Minister for Transport.

Noes - Leader of the Opposition.

 

Division No 5 -

Ayes - Minister for Transport.

Noes - Leader of the Opposition.

 

Division No 6 -

Ayes - Minister for Transport.

Noes - Leader of the Opposition.

 

 

 

 

 

Peter Lewis

SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY