No. 22

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                ____________

 

 

                             TUESDAY 3 MAY 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 47 to 49

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

 

     47 Mr Atkinson, from 642 residents of South Australia, requesting that the House urge the      Government to install a pedestrian crossing on Port Road at Welland.

 

     48 Mr Becker, from 186 residents of South Australia, requesting that the House urge the Government to phase out intensive animal husbandry practices.

 

     49 Mr Lewis, from 441 residents of South Australia, requesting that the House urge the Government to ensure that water to consumers drawn from the River Murray is filtered.

 

 3   Answers to questions

     Answers to questions on the Notice Paper Nos 75, 76, 120, 125 and 128 questions without notice were tabled by the Speaker.

 

 4   Paper

     The Speaker laid on the Table the Supplementary Report of the Auditor-General, 1992-93.

     Ordered to be printed (Paper No. 4B).

 

 5   Register of Member's Interests - Statement

     The Speaker laid on the Table the Statement from the Register of Member's Interests, April 1994.

     Ordered to be printed (Paper No. 133A)

 

 6   Papers

     The following Papers were tabled:

 

     By the Premier (Hon. D.C. Brown) -

        South Australian Audit Commission - Report, April 1994

 

     By the Deputy Premier (Hon. S.J. Baker) -

        Supreme Court Act 1935 - Supreme Court Rules - Alteration of Documents - Pecuniary Damages

 

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

        Remuneration Tribunal - Determination No. 1 of 1994 - Members of Parliament

 

     By the Minister for Industry, Manufacturing, Small Business and Regional Development

      (Hon. J.W. Olsen) -

        Harbors Act 1936 - Regulations - Formula One Power Boat Grand Prix.

 

     By the Minister for Housing, Urban Development and Local Government Relations

      (Hon. J.K.G. Oswald) -

        Corporation of Mitcham - By-law No. 2 - Streets and Public Places

        District Council of Mannum - By-law No. 11 - Moveable Signs

 

     By the Minister for the Environment and Natural Resources (Hon. D.C. Wotton) -

        Coast Protection Board - Report, 1992-93

 

     By the Minister for Employment, Training and Further Education (Hon. R.B. Such) -

        Senior Secondary Assessment Board of SA - Report, 1993 - Table 5 Amendment

        Teachers Registration Board of South Australia - Report, 1993.

 

 7   Questions

     Questions without notice were asked.

 

 8   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

 9   Statutes Repeal (Obsolete Agricultural Acts) Bill

     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 repeal the Canned Fruits Marketing Act 1980, the Farmers Assistance Act 1933, the Primary Producers Assistance Act 1943 and the Primary Producers' Debts Act 1935.

     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. M.D. Rann, that the debate be adjourned until tomorrow.

 

10   Living Resources - Motion for Joint Committee

     The Minister for Environment and Natural Resources, pursuant to notice, moved - That a Joint Committee be appointed -

     (a)     to inquire into the future development and conservation of South Australia's living resources;

     (b)     to recommend broad strategic directions and policies for the conservation and development of South Australia's living resources from now and into the 21st century;

     (c)     to recommend how its report could be incorporated into a State Conservation Strategy;

     (d)     to give opportunity for the taking of evidence from a wide range of interests including industry, commerce and conservation representatives as well as Government departments and statutory authorities in the formulation of its report; and

     (e)     to report to Parliament with its findings and recommendations by December 1994,

     and in the event of the Joint Committee being appointed, the House of Assembly be represented thereon by three Members, of whom two shall form a quorum of the Assembly Members necessary to be present at all sittings of the Committee; and that a Message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

     Ordered, on motion of Hon. M.D. Rann, that the debate be adjourned until tomorrow.

 

11   Adelaide Festival Centre Trust (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.

     By leave, House proceeded to the third reading.

 

     Bill read a third time and passed.

 

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. 6.

 

13   Meat Hygiene Bill

     Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

     Debate resumed.

 

     Bill read a second time.

 

                                In Committee

                        Clauses Nos 1 to 47 agreed to.

                        Schedules 1 and 2 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 without amendment.

 

     Bill read a third time and passed.

 

14   Superannuation (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.

     By leave, House proceeded to the third reading.

 

     Bill read a third time and passed.

 

15   Crown Lands (Liability of the Crown) 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 and 2 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 without amendment.

 

     Bill read a third time and passed.

 

16   Agricultural and Veterinary Chemicals (South Australia) 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.

     By leave, House proceeded to the third reading.

 

     Bill read a third time and passed.

 

17   Women in Parliament - Motion for Joint Committee

     Order of the Day read for the consideration of Message No. 17 from the Legislative Council relating to Women in Parliament.

     The Deputy Premier moved - That the resolution be agreed to.

     Debate ensued.

     Question put 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 p.m.

     Question put and passed.

 

19   Messages from the Legislative Council

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

 

     WorkCover Corporation Bill                              Message No. 32

     MR SPEAKER -  The Legislative Council has agreed, to the Bill returned herewith, titled an Act to provide for the reconstitution of the Workers Rehabilitation and Compensation Corporation and its continuation under the name "WorkCover Corporation of South Australia"; to provide for its functions and powers; and for others purposes, with the amendment indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 21 April 1994                H.P.K. Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

     No. 1 Page 1 (clause 2) - After line 17 insert new subclause as follows:-

           “(2)  However -

           (a)   the day fixed for the commencement of this Act must be the same as the day fixed for the commencement of the Workers Rehabilitation and Compensation (Administration) Amendment Act 1994 and the Occupational Health, Safety and Welfare (Administration) Amendment Act 1994;  and

           (b)   all provisions of this Act must be brought into operation simultaneously.

     No. 2 Page 2, lines 16 to 20 (clause 5) - Leave out subclause (2) and insert new subclause as follows:-

           “(2)  The Board consists of nine members appointed by the Governor of whom -

                 (a)                                   at least two (one being a suitable representative of small businesses - including farming) must be nominated by the Minister after consulting with associations representing the interests of employers; and

                 (b)                                   at least two must be nominated by the Minister after consulting with the UTLC; and

                 (c)                                   at least one must be a person experienced in occupational health and safety; and

                 (d)                                   at least one must be experienced in rehabilitation.

           (2a)  At least three members of the Board must be women and at least three members must be men.”

     No. 3 Page 2, lines 30 and 31 and page 3, lines 1 to 3 (clause 6) - Leave out paragraphs (b), (c)  and (d) and insert new paragraphs as follow:-

           “(b)  mental or physical incapacity to carry out duties of office satisfactorily; or

           (c)      neglect of duty; or

           (d)      dishonourable conduct.”

     No. 4 Page 3, (clause 6) - After line 8 insert new paragraph as follows:-

           “(da) is found guilty of an offence against section 8 (Disclosure of interest); or”.

     No. 5.   Page 3 (clause 6) - After line 9 insert new subclause as follows:-

           “(4)  On the office of a member of the Board becoming  vacant, a person must be appointed, in accordance with this Act, to the vacant office.”

     No. 6 Page 5, line 2 (clause 11) - Leave out “five” and insert “six”.

     No. 7 Page 6 - After line 2 insert new clause as follows:-

           11A. “Primary objects  The Corporation’s primary objects are -

           (a)   to reduce, as far as practicable, the incidence and the severity of work-related injuries; and

           (b)   to ensure, as far as practicable, the prompt and effective rehabilitation of workers who suffer work-related injuries; and

           (c)   to provide fair compensation for work-related injuries; and

           (d)   to keep employers’ costs to the minimum that is consistent with the attainment of the objects mentioned above.”

     No. 8 Page 6, lines 9 and 10 (clause 12) - Leave out paragraph (b) and insett new paragraph as follows:-

           “(b)  to provide resources to support or facilitate the formulation of standards, policies and strategies that promote occupational health, safety or welfare; and”.

     No. 9 Page 6 (clause 12) - After line 17 insert new paragraphs as follow:-

           “(ea) to encourage consultation with employers, employees and registered associations in relation to injury prevention, rehabilitation and workers compensation arrangements; and

           (eb)  to encourage registered associations to take a constructive role in promoting injury prevention, rehabilitation, and appropriate compensation for persons who suffer disabilities arising from employment; and”.

     No. 10   Page 6, line 19 (clause 12) - After “to foster a” insert “consultative and”.

     No. 11   Page 6, line 29 (clause 12) - After “promote” insert “research,”.

     No. 12   Page 7 (clause 12) - After line 5 insert new paragraph as follows:-

           “(ja) to monitor the enforcement of codes of practice and standards of occupational health, safety and welfare; and”.

     No. 13   Page 7, line 6 (clause 12) - Leave out “with the approval of the Minister,”.

     No. 14   Page 7, lines 28 to 30 (clause 13) - Leave out paragraph (b).

     No. 15   Page 8, lines 9 to 11 (clause 13) - Leave out subclause  (3) and insert new subclauses as follow:-

           “(3)  The Corporation -

                 (a)                                   must not enter into a contract or arrangement involving the conferral of substantial powers on, or the transfer of substantial responsibilities to, a private sector body unless the contract or arrangement is authorised by regulation; and

                 (b)                                   if so required by the Minister, obtain the Minister’s approval for appointing an agent or engaging a contractor.

           (3A)  A regulation made for the purposes of subsection (3)(a)  cannot come into operation until the time for disallowance has passed.”

     No. 16   Page 8 (clause 15) - After line 31 insert new subclause as follows:-

           “(3)  The Corporation must allocate sufficient resources to ensure that the Committees established under this Act, the Workers Rehabilitation and Compensation Act 1986,  and the Occupational Health, Safety and Welfare Act 1986  can operate effectively.”

     No. 17   Page 9, lines 2 to 4 (clause 16) - Leave out paragraph (a)  and insert new paragraph as follows:-

           “(a)  may be made -

                 (i)                                   to a member of the board;

                 (ii)                                  to a committee established by the Corporation or by or under an Act;

                 (iii)                                 to a particular officer of the Corporation, or to any officer of the Corporation occupying (or acting in) a particular office or position;

                 or

                 (iv)                                  to a public authority or public instrumentality.”

     No. 18   Page 10, lines 28 and 29 (clause 18) - Leave out subclause (6) and insert new subclause as follows:-

           “(6)  An auditor’s statement made in the course of carrying out duties involved in, or related to, the audit of the Corporation’s accounts is protected by qualified privilege.”

     No. 19   Page 11 (clause 19) - After line 2 insert new paragraph as follows:-

           “(ab) information required under the Workers Rehabilitation and Compensation Act 1986  and the Occupational Health, Safety and Welfare Act 1986;”.

     No. 20   Page 12, line 29 (clause 21) - Leave out “loss of” and insert “prejudice to”.

     No. 21   Page 12, line 29 (clause 21) - Leave out “leave” and insert “employment”.

     No. 22   Page 15, line 13, clause 2(2) (Schedule) - After “will occur” insert “without reduction in remuneration and”.

     No. 23   Page 15, lines 17 to 19, clause 2(4) (Schedule) - Leave  out subclause (4) and insert new subclause as follows:-

           “(4)  A person who is transferred to the Corporation under subclause (1)(c) -

                 (a)                                   continues, while he or she remains an employee of the Corporation, to be entitled to receive notice of vacant positions in the Public Service and to be appointed or transferred to such positions as if he or she were still a member of the Public Service; and

                 (b)                                   must not be disadvantaged in any other way by the transfer.”

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That consideration of the Message be an Order of the Day for tomorrow.

 

     Racing (Miscellaneous) Amendment Bill                   Message No. 33

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled and Act to amend the Racing Act 1976, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 3 May 1994                   H.P.K. Dunn, PRESIDENT

 

         Schedule of the amendments made by the Legislative Council

     No. 1 Page 1 - After line 17 insert new clause as follows:-

           3A. 'Amendment of s.5  Interpretation Section 5 of the principal Act is amended by striking out the definition of “interstate TAB” from subsection (1) and substituting the following definition:

           “interstate totalizator authority” means a body or person who is entitled under the law of another State or Territory of the Commonwealth to conduct totalizator betting in that State or Territory:’

     No. 2 Page 2 - After line 6 insert new clause as follows:-

           6a.'Amendment of s.68 - Deduction of percentage from totalizator money  Section 68 of the principal Act is amended -

           (a)   by striking out from subsection (1)(ab)(i) “interstate TAB” first occurring and substituting “interstate totalizator authority, must”;

           (b)   by striking out from subsection (1)(ab)(i) “must, under the law of the State or Territory in which interstate TAB is established,” and substituting “, under the law of the State or Territory in which the interstate totalizator authority is entitled to conduct totalizator betting, must”;

           (c)   by striking out from subsection (2) “interstate TAB” and substituting “interstate totalizator authority”.’

     No. 3 Page 3 - After line 18 insert new clause as follows:-

           7a. 'Amendment of s.82a - Agreement for pooling bets with interstate totalizator authority Section 82a of the principal Act is amended -

           (a)   by striking out from subsection (1) “interstate TAB” firstly and secondly occurring and substituting, in both cases, “interstate totalizator authority”;

           (b)   by striking out from subsection (1) “conducted under the law of the State or Territory in which the interstate TAB is established” and substituting “conducted by the interstate totalizator authority under the law of another State or Territory”;

           (c)   by striking out paragraph (a)  from subsection (4) and substituting the following paragraph:

              (a)   the law for the time being of the State or Territory in which the interstate totalizator authority is entitled to conduct totalizator betting -

                 (i)     includes a provision corresponding to section 68 under which a percentage (being a percentage within a  range prescribed by regulation under this Act) of the amount of the bets accepted by the Totalizator Agency Board under the agreement must be deducted from those bets;

                 and

                 (ii)    does not prevent the execution or operation of the agreement in accordance with subsection (5);

           (d)   by striking out from subsection (4)(b)  “interstate TAB is established” and substituting “interstate totalizator authority is entitled to conduct totalizator betting”;

           (e)   by striking out from subsection (6)(a)  “interstate TAB” and substituting “interstate totalizator authority”;

        (f)   by striking out from subsection (6)(b)  “interstate TAB is established” and substituting “interstate totalizator authority is entitled to conduct totalizator betting”.’

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That consideration of the Message be an Order of the Day for tomorrow.

 

     Criminal Law Consolidation (Child Sexual Abuse) Amendment Bill      Message No. 34

     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, 3 May 1994                             H.P.K. Dunn, PRESIDENT

 

     Bill read a first time

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

 


20   Women in Parliament - Motion for Joint Committee

     Debate (interrupted by the foregoing) resumed.

     Question put and passed.

     The Deputy Premier moved - That this House be represented on the Joint Committee by three Members, of whom two shall form a quorum necessary to be present at all sittings of the Committee and that the Members of the Committee to represent the House of Assembly be Ms Greig, Mr Leggett and Ms Stevens.

     Question put and passed.

 

21   Adjournment

     House adjourned at 10.32 p.m. until tomorrow at 2.00 p.m.

 

                                ____________

 

 

                       MOTIONS WHICH NOTICE WAS GIVEN

 

 

     For Wednesday 4 May 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 Constitution Act 1934.

 

     The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Superannuation Act 1988 and the Police Superannuation Act 1990.

 

     The Minister for Infrastructure to move - That he have leave to introduce a Bill for an Act to amend the Waterworks Act 1932 and the Sewerage Act 1929.

 

     The Minister for Health to move - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

 

     For Thursday 5 May 1994

        Notices of Motion: Other Motions-

 

     Mrs Greig to move - That this House gives credit to Contax and Garville for reaching the Mobil Super League All Australian Netball Grand Final and congratulates them for achieving the status of the best two netball club teams in Australia and further, this House congratulates the All Australian Netball Association, the South Australian Netball Association their committees and staff for managing and organising the Australian finals in Adelaide.

 

     Hon. L.M.F. Arnold to move - That this House notes the establishment of democracy in South Africa and congratulates all those people, organisations and parties both in South Africa and elsewhere that have worked for this to happen.

 

     Mr Becker to move - That this House congratulates and honours the Adelaide City Soccer Team following their magnificent 1 - nil victory over the Melbourne Knights in Melbourne on Sunday 1 May 1994.

                                ____________

 

 

     Present during the day - All Members except Mrs Hall.

 

 

 

 

                                                            G.M. Gunn

                                                            SPEAKER

 

G.D. Mitchell

CLERK