No 21

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 1 MARCH 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       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 6 be postponed until Thursday 15 March.

 

3       Australian Road Rules (Speed Limits in Built-up Areas) Variation Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to vary the Australian Road Rules.

Question put and passed.

 

         Bill presented and read a first time.

         Hon R B Such moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Stevens, that the debate be adjourned until Thursday 15 March.

 

4       Select Committee on Public Hospital System Funding - Motion re

Ms Stevens, pursuant to notice, moved – That a Select Committee be established to consider the following matters relating to the funding of our public hospital system, including medical, dental and aged care services and to matters relating to medical staff (including doctors, nurses and allied professionals) employed in public health services in South Australia –

(a)   whether the system is adequately and appropriately funded;

(b)   its interface with the private hospital system;

(c)   whether funding levels and current staffing regimes (including staff numbers and hours of duty) are resulting in a negative impact on patient needs and care in both metropolitan and country hospitals;

(d)   whether funding levels and current staffing arrangements are resulting in a negative impact on staff, acceptable occupational health and safety standards and the cost of medical litigation;

(e)   the relationship between State and Federal funding and any difficulties which arise therefrom; and

(f)    any other related  matter.

         Debate ensued.

 

5       Suspension of Standing Orders

Mr De Laine, without notice, moved - That Standing Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Order of the Day: Private Members Bills/Committees/Regulations No 8 is disposed of.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

6       Select Committee on Public Hospital System Funding - Motion re

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

Select Committee

And a Committee was appointed consisting of Ms Bedford, the Minister for Human Services (Hon D C Brown), Mr McEwen, Ms Stevens and Hon D C Wotton.

Ordered – That the Committee have power to send for persons, papers and records and to adjourn from place to place and that the Committee report on Wednesday 30 May.

 

         Suspension of Standing Order 339

Ms Stevens, without notice, moved - That Standing Order 339 be and remain so far suspended as to enable the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence presented to the Committee prior to such evidence being reported to the House.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

7       Swan Reach Water Supply - Motion re

Mr Lewis, pursuant to notice, moved – That this House calls on the Government to direct SA Water to provide, within the next 12 months, all residents, businesses, institutions and allotments in Swan Reach with a potable, filtered water supply at appropriate pressure, regardless of elevation above the level of the Murray River, at no direct additional expense to the ratepayers.

         Debate ensued.

         Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday 29 March.

 

8       Olympic Football Matches at Hindmarsh Stadium - Motion re

Mr Hamilton-Smith, pursuant to notice, moved – That this House congratulates the Government and all those who contributed in making Adelaide’s Olympic Football Matches at Hindmarsh Stadium such a resounding success and in particular, the players, volunteers, officials and spectators whose enthusiasm contributed to securing our Olympic history and putting Adelaide on show to the world.

         Debate ensued.

____________

 

It being 1.00 pm, the debate was adjourned (Mr Wright, by leave) and made an Order of the Day for Thursday 15 March.

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9       Petitions Nos 67 to 72

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

 

67 and 68    Ms Geraghty and Mr Hanna, from 6,697 residents of South Australia, requesting that the House ban the personal use of fireworks with the exception of authorised public displays.

 

69   Mr Hill, from 69 residents of South Australia, requesting that the House ensure that the Aldinga Police Station is open twenty-four hours a day.

 

70   Mr Hill, from 58 residents of South Australia, requesting that the House urge the Government to fund dental services to ensure the timely treatment of patients.

 

71   Mr Hill, from 81 residents of South Australia, requesting that the House ensure the continued access by the community to the Noarlunga Theatre.

 

72   Ms Thompson, from 153 residents of South Australia, requesting that the House urge the Government to review student drop off and pick up parking at State schools.

 

10      Answer to question

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

 

11      Papers

         The following Papers were tabled:

 

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

      ElectraNet Transmission – Lease and Report

      ETSA Utilities Distribution – Lease and Report

      Flinders Power Northern Power Station – Lease and Report

      Optima Energy – Lease and Report

      Synergen – Lease and Report.

 

12      Matter of Privilege

The Speaker made a statement on the matter of privilege raised yesterday, as follows:

Yesterday the Member for Stuart asked me to rule on a matter of privilege alleging that the Member for Ross Smith was being prevented from properly discharging his duties as a Member of Parliament by the State ALP secretary and the ALP caucus.

      The Member for Ross Smith has since communicated with me and advised me that he is unable to provide me with any information to substantiate the matters raised by the Member for Stuart for to do so would be in breach of the Rules of the ALP and of the resolution carried by the SPLP last Tuesday and would result in his expulsion from the Party.

      In the absence of this supporting material from the Member for Ross Smith to the matter raised by the Member for Stuart, other than press speculation, I am unable to rule that a prima facie breach of privilege has been established.

 

13      Matter of Privilege

The Speaker made a statement on the matter of privilege raised yesterday, as follows:

The Member for Hart has asked me to rule on whether the Minister for Tourism may have misled the House when she made the statement, “The fact is that I informed the race organisers on Friday that I could not deliver a race this year”.

      I notice in the statement by Mr Panoz dated 26 February that he is quoted as saying that the Minister informed his people on the Thursday “That she was having difficulty in obtaining sign off on the agreement and that she was suggesting the investigation of a combined event”.

      Also in his statement Mr Panoz refers to the 55 minute conference call on the Friday between himself, the Minister and Mr Rainsford in which they all discussed the combined race.  That raises the question as to why they would be discussing a combined event if the single event was not under threat.

      In another statement by Mr Panoz on the 27 February, he stated that he was not aware of the Premier’s decision to cancel negotiations for future events.  The emphasis here is on the words “future events” not the 2001 event.

      I note the Premier’s speech notes (when he made the announcement) refer only to not picking up the option for the Le Mans race this year, which raises the continuing confusion over the company’s reaction to cancellation of a single race or the whole series.

      Mr Rainsford, in a statement dated 26 February, states that neither he, nor Mr Panoz was informed of the Premier’s decision.  However when asked on 5AA on Tuesday 27 February if he knew of the possibility of the race falling over, Mr Rainsford replied: “Yes, I was involved in the conversation with the Minister “ - and they then went on and discussed the races being merged.

      I also note that on 5AN on Monday 26 February Mr Rainsford stated that the Minister called him into her office to tell him there were difficulties and the circumstances had changed.  This led to the telephone hook up the next day with Mr Panoz.

      The nub of the issue is that there is nothing in the statements attributed to Mr Panoz and Mr Rainsford which have been tendered so far which contradicts the actual terminology used by the Minister in the House when she claimed that she could not deliver a race this year and which is the form of words which is being called into question.

      As a result I do not give precedence to a motion.

 

14      Questions

         Questions without notice were asked.

 

15      Privilege - Matter raised

Hon M K Brindal raised as a matter of privilege, whether the Member for Ross Smith’s freedom of speech as a Member of Parliament had been limited by an outside body and/or coerced by other Members in this place.

 

Speaker’s Ruling

The Speaker made the following statement:

The Chair paid careful regard to that extract from Erskine May over the last evening, and spent a considerable amount of time going through it. I noted also that the Honourable Member referred to the article in the Advertiser as purporting to represent a situation. The reality is that I took advice and spoke to, I think it was, the Member for Stuart and the Member for Ross Smith.

      It is all very well to make allegations, but when I confront the Honourable Member affected by them and that Honourable Member says, `I am not able to give you any evidence that says that my duties as an MP are being curtailed,' then the Chair has considerable difficulty. While I acknowledge everything that the Honourable Member has said about the rights of Members to have the freedom of parliamentary privilege to go about their business, the Chair is not in the business of being involved in any games or any other resolving of people's issues.

      The Honourable Member has had ample opportunity in approaching the Chair to say that he does have a difficulty out there, but he chose not to. As long as he chose not to, it puts the Chair in this difficult position of having to say that at this stage, whilst matters were raised by the Member for Stuart, in fact the Honourable Member who was affected by them has been to the Chair and said that he is not able to provide any evidence to the Chair.

      The Honourable Minister and anyone else in this House has the opportunity to move a motion, and the motion then could be worded in such a way that the House will make a decision if it wants to set up a privilege committee. I also pick up another point that the Honourable Member made, that is, that the Chair does not set up privilege committees. All that I would have done is set aside time for a debate to take place and the House would then take that course. The House has the option of taking that course anyway, if it wishes to give notice and set up a motion.

      Under the circumstances of the agenda being played here today and the fact that I interviewed the Honourable Member and he could not provide me with any information in the way of minutes or factual evidence that he was in fact aggrieved, I took the course of action that I did. If any new evidence comes forward, I will be perfectly happy to re‑examine the issue.

 

 


 

16      Suspension of Standing Orders

Mr Conlon, without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion, without notice, forthwith.

Question put and there being a negative voice.

      House divided (No 1):

 


                                Ayes, 25

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Mr Conlon (Teller)


Noes, 21

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon D C Kotz

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon D C Wotton

Hon R G Kerin (Teller)


 

         So it was resolved in the affirmative.

 

         Inquiry into matters surrounding the Cramond Inquiry - Motion re

Mr Conlon, pursuant to order, moved – That this House calls on the Premier to establish an inquiry, headed by an independent Senior Counsel and assisted by an ex-public servant of high standing, to inquire and report into the following matters associated with the inquiry of Mr J.M.A. Cramond into allegations concerning the now Premier in regard to Motorola:

(a)     determine whether material evidence, written or oral, was not supplied to Mr Cramond and the reasons it was not supplied;

(b)     determine whether any oral evidence given to the Cramond inquiry was misleading, inaccurate or dishonest in any material particulars; and,

(c)     determine whether any person or persons did or failed to do anything which caused relevant evidence not to be presented to the Cramond inquiry or cause inaccurate, misleading or dishonest evidence to be given to the Cramond inquiry.

The House calls on the Premier to ensure that the inquiry has the powers to subpoena documents and witnesses and to take evidence under oath and calls upon the Premier to report to the House on 13 March 2001 regarding the names of the persons to be appointed and the commencement date of the inquiry.

Debate ensued.

Question put and passed.

 

17      Grievance debate

      The Speaker proposed - That the House note grievances.

      Debate ensued.

      Question put and passed.

 


18      Public Works Committee - Report – Women’s and Children’s Hospital Day Surgery Unit Redevelopment – Final Report

Mr Lewis brought up the One Hundred and Forty-Eighth Report of the Committee on the Women’s and Children’s Hospital Day Surgery Unit Redevelopment – Final Report.

Report received.

Ordered to be published (Paper No 210).

 

19      Next day of sitting

      The Minister for Education and Children’s Services (Hon M R Buckby) moved - That the House at its rising adjourn until Tuesday 13 March at 2.00 pm.

      Question put and passed.

 

20      Police Superannuation (Miscellaneous) Amendment Bill

The Minister for Education and Children’s Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Police Superannuation Act 1990 and to make a related amendment to the Superannuation Act 1988.

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 Tuesday 13 March.

 

21      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 to be postponed and taken into consideration on motion.

 

22      Hairdressers (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 3 agreed to.

                                                Clause No 4 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon D C Wotton 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 on motion.

 

23      Extension of time for adjournment

The Minister for Environment and Heritage (Hon I F Evans) moved - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

 


24      Hairdressers (Miscellaneous) Amendment Bill

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

 

In Committee

                                                Clause No 4 further considered and agreed to.

                                                Title agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

25      Water Resources (Reservation of Water) Amendment Bill

Ordered - That Notice of Motion: Government Business No 1 be now resumed.

The Minister for Water Resources (Hon M K Brindal), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Water Resources Act 1997.

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 Tuesday 13 March.

 

26      Adjournment

         House adjourned at 5.06 pm until Tuesday 13 March at 2.00 pm.

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 14 March 2001

 

Notice of Motion: Committee Reports

 

Mr Lewis to move – That the One Hundred and Forty-Eighth Report of the Public Works Committee on the Women and Children’s Hospital Day Surgery Unit – Final Report be noted.

 

____________

 

 

         Present during the day - All Members.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY