No 21

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 23 NOVEMBER 2004

 

 

1       Meeting of House

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

 

2       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Acts –

                  Superannuation – Contracts without Tenure

 

By the Minister for Infrastructure (Hon P F Conlon) –

      Infrastructure Corporation (InfraCorp), South Australian – Report 2003-2004

      Land Management Corporation Charter

 

By the Attorney-General (Hon M J Atkinson) –

      Legal Practitioners Conduct Board – Report 2003-2004

      Legal Practitioners Disciplinary Tribunal – Report 2003-2004

 

By the Minister for Health (Hon L Stevens) –

Booleroo Centre District Hospital and Health Services Inc – Report 2003-2004

Bordertown Memorial Hospital Inc – Report 2003-2004

Chiropractors Board of South Australia – Report 2003-2004

Commissioners of Charitable Funds – Report 2003-2004

Crystal Brook District Hospital Inc – Report 2003-2004

Kingston Soldiers' Memorial Hospital Inc – Report 2003-2004

Lower Eyre Health Services – Report 2003-2004

Mallee Health Service Inc – Report 2003-2004

Mannum District Hospital – Incorporating Mannum Domiciliary Care Service – Report 2003-2004

Naracoorte Health Service Inc – Report 2003-2004

Occupational Therapists Registration Board of South Australia – Report 2003-2004

Orroroo and District Health Service Inc – Report 2003-2004

Repatriation General Hospital Inc – Report 2003-2004

Riverland Health Authority Inc – Report 2003-2004

Rocky River Health Service Incorporated – Report 2003-2004

South Australian Psychological Board – Report 2003-2004

Strathalbyn and District Health Service – Report 2003-2004

Tailem Bend District Hospital – Report 2003-2004

 

      Regulations under the following Act –

                  Optometrists – Fees

 

 

 

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

      Coast Protection Board – Report 2003-2004

      Dog Fence Board - South Australia – Report 2003-2004

      Ministerial Statement – Transfer of UK parolee

 

By the Minister for Administrative Services (Hon M J Wright) –

      State Supply Board – Report 2003-2004

 

By the Minister for Industrial Relations (Hon M J Wright) –

            Regulations under the following Act –

                  Workers Rehabilitation and Compensation – Occupational Therapy

 

By the Minister for State/Local Government Relations (Hon R J McEwen) –

      Outback Areas Community Development Trust – Report 2003-2004

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Act –

                  Liquor Licensing –

                        Long Term Dry Areas – Renmark & Paringa

                        Short Term Dry Areas – Victor Harbor.

 

3       Social Development Committee - Reports – Post Natal Depression

Mr Snelling brought up the 20th Report of the Committee on Post Natal Depression.

Report received.

Ordered to be published (Paper No 185).

 

4       Questions

Questions without notice were asked.

 

5       Grievance debate

On motion of the Speaker, the House noted grievances.

 

6       Partnership (Venture Capital Funds) Amendment Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - 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.

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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

7       Postponement of business

Ordered severally - That Orders of the Day: Government Business Nos 1 to 11 be postponed and taken into consideration after Order of the Day: Government Business No 12.

 

8       Discharge of Business – Statutes Amendment (Relationships) Bill

Order of the Day : Government Business No 12 read.

The Attorney-General, moved – That this Order of the Day be discharged.

Debate ensued.

         Question put.

 

 

 

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 23

           Noes, 21

 

Ms Bedford

Mr Brindal

Ms Breuer

Mr Brokenshire

Mr Caica

Hon D C Brown

Ms Ciccarello

Hon M R Buckby

Hon P F Conlon

Ms Chapman

Hon K O Foley

Hon I F Evans

Mrs Geraghty

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Hon W A Matthew

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Hon M D Rann

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Hon R B Such

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Mr Hanna (Teller)

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

 

         So it was resolved in the affirmative.

 

9       Industrial Law Reform (Fair Work) Bill

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

 

In Committee

Clause No 25, further considered, amended and agreed to.

Clauses Nos 26 to 29 agreed to.

Clause No 30 read.

 

Hon I F Evans moved, on page 14, lines 15 to 17, to delete subsection (1)

Question – That the amendment be agreed to – put.

 

         Committee divided (No 2):

 

           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 30, otherwise amended and agreed to.

 

Mr Hanna moved, on page 16, after line 4, to insert a new clause as follows:

30A—Insertion of new Division

Before Chapter 3 Part 2 insert:

Division 3—Special provision relating to casual employment

72C—Special provision relating to casual employment

(1)      An employee—

(a)    who has been engaged on a casual basis by an employer on a regular and systematic basis extending over a period of at least 12 months (including on the basis of 2 or more periods of employment); and

(b)    whose employment is consistent with full-time or part-time work with an employer in the industry in which the employee is employed,

is entitled to apply to have his or her employment converted to full-time or part-time employment.

(2)     An application under subsection (1) must be made to the employer in accordance with any requirements prescribed by the regulations.

(3)     An employer must not unreasonably refuse to grant an application under subsection (1) and must, in granting the application, offer the employee terms and conditions of employment that are reasonable in the circumstances.

(4)     An employer must respond to an application under subsection (1) within 4 weeks after the application is made.

(5)     If an employer fails to comply with subsection (3) or (4), the Commission may, on application by the employee, order that the employee be employed by the employer on a full-time or part-time basis (as determined by the Commission) on terms and conditions determined by the Commission.

(6)     If an application under subsection (5) proceeds to hearing and the Commission is satisfied that a party to the proceedings clearly acted unreasonably in failing to discontinue or to settled the matter before the hearing concluded, the Commission may, on the application of the other party to the proceedings, make an order for costs (including—if relevant—the costs of representation) against the party.

Question – That proposed new Clause No 30A be inserted – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 3):

 

           Ayes, 3

 

           Noes, 40

Hon I P Lewis

Hon M J Atkinson

Dr McFetridge

Ms Bedford

Mr Hanna (Teller)

Ms Breuer

 

Mr Brindal

 

Mr Brokenshire

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clauses Nos 31 and 32 agreed to.

Clause No 33 read.

 

Hon I F Evans moved, on page 17, after line 25, to insert:

(3a)         An employer cannot be required, as part of any negotiations under this Part, to produce any financial records relating to any business or undertaking of the employer.

Question – That the amendment be agreed to - put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 4):

 

           Ayes, 21

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon R G Kerin

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon W A Matthew

Hon S W Key

Hon K A Maywald

Mr Koutsantonis

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 negative.

 

Hon I F Evans moved, on page 17, lines 28 to 39, page 18, lines 1 to 16, to delete subsections (5), (6) and (7).

Question – That the amendment be agreed to - put.

 

         Committee divided (No 5):

 

           Ayes, 21

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon R G Kerin

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon W A Matthew

Hon S W Key

Hon K A Maywald

Mr Koutsantonis

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 negative.

 

Clause No 33 agreed to.

Clause No 34 amended and agreed to.

Clause No 35 read.

 

Hon I F Evans moved, on page 19, line 40, after "duties by employees" insert:

or that relate to the remuneration of employees

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

 

Clause No 35 agreed to.

Clauses Nos 36 to 42 agreed to.

Clause No 43 amended and agreed to.

Clause No 44 read.

 

Hon R B Such moved, on page 23, after line 3, to insert:

Division 1B—Special provision relating to trial work

98B—Special provision relating to trail work

         (1)        The Commission may, by award--

(a)    determine that a person who undertakes a specified category of work (in any specified circumstances) on a trial basis in an industry, or a sector of an industry, specified by the award with a view to obtaining employment with the person from whom the work is performed is entitled to be paid for that work in accordance with the terms of the award;

(b)    impose limitations of the performance of work on a trial basis in an industry, or a section of an industry, specified in the award;

(c)    make any other provision relating to work on a trial basis as the Commission thinks fit,

if the Commission is of the opinion that action under this section is justified in order to prevent the abuse of the performance of work on a trial basis in the relevant circumstances.

(2)     Subsection (1) does not limit the powers of the Commission to make any award under the other provisions of this Act.

(3)     Subsection (1) applies even though the persons to whom an award will relate will not be employees for the purposes of this Act.

(4)     A person who is entitled to be paid under an award under this section is entitled to recover the amount that should be paid as if the person were an employee of the person for whom the work was performed.

 

Amendment to amendment

Hon I F Evans moved to amend the amendment by deleting the words “with a view” and inserting:

under a mutual understanding expressed in writing between the relevant parties that it is in fact a genuine trial with respect

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

Question – That the amendment to Clause No 44 be agreed to – put and passed.

 

Clause No 44 amended and agreed to.

Clause No 45 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Ms Thompson 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.

 

10      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.

 

11      Industrial Law Reform (Fair Work) Bill

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

 

In Committee

Clause No 45 further considered.

 

Question – That the Clause stand as printed – put.

 

 

 

         Committee divided (No 6):

 

           Ayes, 22

           Noes, 20

 

Ms Bedford

Mr Brokenshire

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 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 was resolved in the affirmative.

 

Clause No 45 agreed to.

Clause No 46 read.

 

Hon I F Evans moved on page 27, line 37, to delete "A declaration" and substitute:

Subject to subsection (6), a declaration

 

Hon I F Evans moved on page 28, after line 8, to insert:

(6)           A declaration under subsection (3)(a) or (b) may only be made as part of a State Wage Case.

Question – That the amendments be agreed to – put and negatived.

 

Clause No 46 agreed to.

Clause No 47 amended and agreed to.

Clause No 48 read.

 

The Minister for Industrial Relations moved, on page 29, line 26, after "workplace" to insert:

, or any other premises where records are kept or work is performed

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 7):

 

           Ayes, 22

           Noes, 22

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

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 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 was resolved in the affirmative.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such 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.

 

12      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

13      Parliamentary Remuneration (Restoration of Provisions) 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.

 

14      Suspension of Standing Orders

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

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

 

15      Parliamentary Remuneration (Restoration of Provisions) Amendment Bill

         Bill read a second time.

 

In Committee

Clause No 1 agreed to.

Clause No 2 agreed to.

 

 

 

 

____________

 

It being Midnight

WEDNESDAY 24 NOVEMBER

____________

 

 

Clause No 3 amended and agreed to.

Clause No 4 agreed to.

New Clause No 5 inserted.

Schedule agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such 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.

 

16      Message from the Legislative Council

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

 

         First Home Owner Grant (Miscellaneous) Amendment Bill                     Message No 13

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the First Owner Grant Act 2000, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 23 November 2004                                            R R Roberts, PRESIDENT

 

         Bill read a first time.

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

 

17      Adjournment

House adjourned at 12.08 am until later today at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 24 November 2004

 

Notices of Motion: Government Business -

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Classification (Publications, Films and Computer Games) Act 1995.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend tthe Oaths Act 1936; and to make a related amendment to the Evidence (Affidavits) Act 1928.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to provide for the appointment of justices of the peace; to repeal the Justices of the Peace Act 1991; and to make related amendments to various other Acts.

 

 

The Minister for the Status of Women to move – That she have leave to introduce a Bill for an Act to amend the Acts Interpretation Act 1915.

 

            For Wednesday 24 November 2004

 

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

 

Mr Rau to move – That a Select Committee be established to recommend options for managing and/or regulating the tattooing and body piercing industries and, in particular to examine

(a)           the effectiveness of self regulation, including existing harm minimisation approaches;

(b)           any special measures to address the protection of minors and impulse tattooing of adults;

(c)           the effectiveness of enforcement under the Summary Offences Act 1953 and  other legislation;

(d)           a comparison with other national and international regulatory and management regimes; and

(e)           any implications of monitoring and enforcement of possible management options.

 

Mr Snelling to move –That the Twentieth Report of the Social Development Committee entitled Postnatal Depression Inquiry, be noted.

 

 

            For Thursday 9 December 2004

 

Notice of Motion: Other Motions -

 

Mr Hamilton-Smith to move – That this House calls on the Government to provide financial support to the plan by the ‘Spirit of Gallipoli’ organising committee, the Adelaide Turkish community and the RSL (SA Branch) to bring five Turkish war veterans to Adelaide for the 90th commemoration of Anzac Day on 20 April 2005, and that the Premier personally takes leadership of the task of seeking further sponsorship and Federal Government financial support with the view of making $40,000 of combined State, Federal and Sponsorship funding available for the initiative.

 

 

____________

 

 

Present during the day - All Members except the Minister for Transport (Hon P L White).

 

 

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

 

         Division No 1 -

               Ayes – Minister for Transport.

               Noes – Mr Goldsworthy.

 

         Division No 2 -

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

               Noes – Minister for Transport.

 

         Division No 4  -

               Ayes – Deputy Leader of the Opposition (Hon D C Brown).

               Noes – Minister for Transport.

 

         Division No 5  -

               Ayes – Deputy Leader of the Opposition.

               Noes – Minister for Transport.

 

 

 

         Division No 6  -

               Ayes – Deputy Leader of the Opposition, Mr Brindal.

               Noes – Attorney-General (Hon M J Atkinson), Minister for Transport.

 

         Division No 7 -

               Ayes – Minister for Transport.

               Noes – Deputy Leader of the Opposition.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY