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No. 22

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 6 NOVEMBER 1990

 

 

1          Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the Chair and read prayers.

 

2          Messages from the Governor

The following Messages from the Governor were received and read:

 

Roads (Opening and Closing) Bill ‑ Recommending                                                                        Message No.13

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Roads (Opening and Closing) Bill, 1990.

Government House, Adelaide, 6 November 1990                                                                               D.B. Dunstan, GOVERNOR

 

Assents to Bills                                                                                                                                       Message No.14

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session:

No.41 of 1990 ‑ An Act to provide for the protection of the marine environment; to make consequential amendments to the Fisheries Act, 1982; and other purposes.

No.42 of 1990 ‑ An Act to amend the Tobacco Products (Licensing) Act, 1986.

No.43 of 1990 ‑ An Act to amend the Financial Institutions Duty Act, 1983.

No.44 of 1990 ‑ An Act to amend the Land Tax Act, 1936.

No.45 of 1990 ‑ An Act to amend the Pay‑roll Tax Act, 1971.

No.46 of 1990 ‑ An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June, 1991, and for other purposes.

No.47 of 1990 ‑ An Act to amend the Stamp Duties Act, 1923.

Government House, Adelaide, 6 November 1990                                                                               D.B. Dunstan, GOVERNOR

 

3          Petition No.52

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

 

52    Mr Blacker, from 1 959 residents of South Australia, requesting that the House urge the Government to retain acute care facilities at the Elliston Hospital.


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4          Answers to questions

Answers to questions on the Notice Paper Nos 124, 133, 191, 193, 194, 213, 219, 224, 234 to 239, 261, 263, 266, 267, 269, 271, 272, 275, 278, 279, 306 to 308 and 317 and questions without notice were tabled by the Speaker.

 

5          Papers

The following Papers were laid on the Table:

 

By the Premier (Hon. J.C. Bannon) ‑

        Government Management Board ‑ Report 1989‑90.

 

By the Minister of Health (Hon. D.J. Hopgood) ‑

        Chiropractors Board of South Australia ‑ Report, 1989‑90.

        Foundation South Australia ‑ Report, 1989‑90.

        Nurses Board of South Australia ‑ Report, 1989‑90.

        South Australian Health Commission ‑ Report, 1989‑90.

        Retirement Villages Act, 1987 ‑ Regulations ‑ Forms.

        South Australian Health Commission Act, 1976 ‑ Regulations ‑

                Pharmaceutical Fees.

                Prostheses Fees.

                Outpatient Fees.

 

By the Minister of Family and Community Services (Hon. D.J. Hopgood) ‑

        Department for Family and Community Services ‑ Report, 1989‑90.

 

By the Minister of Agriculture (Hon. L.M.F. Arnold) ‑

        Soil Conservation Boards ‑ Reports, 1989‑90 ‑

                Central Eyre Peninsula,

                Central Flinders Ranges,

                Eastern Eyre Peninsula,

                Gawler Ranges,

                Goyder,

                Hummocks,

                Kangaroo Island,

                Lower Eyre Peninsula,

                Lower North,

                Marla‑Oodnadatta,

                Murray Mallee,

                Murray Plains,

                Northern Flinders,

                Southern Hills,

                West Broughton and

                Yorke Peninsula.

        Metropolitan Milk Supply Act, 1946 ‑ Regulations ‑ Licence Fees.

        Veterinary Surgeons Act, 1985 ‑ Regulations ‑ Practice Fee.

 

By the Minister of Education (Hon. G.J. Crafter) ‑

        Supreme Court Act, 1935 ‑ Supreme Court Rules ‑ Expert Reports and Costs.

        Commercial and Private Agents Act, 1986 ‑ Regulations ‑ Grand Prix Security Agents.

        Legal Practitioners Act, 1981 ‑ Regulations ‑ Indemnity Insurance.

        Liquor Licensing Act, 1985 ‑ Regulations ‑ Liquor Consumption ‑ Thebarton Oval.

        Attorney‑General's Department ‑ Report 1989‑90.

        Court Services Department ‑ Report, 1989‑90.

        Credit Union Deposit Insurance Board ‑ Report, 1989‑90.

 


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By the Minister of Children's Services (Hon. G.J. Crafter) ‑

        Children's Services Office ‑ Report, 1989‑90.

 

By the Minister of Transport (Hon. F.T. Blevins) ‑

        Goods Securities Compensation Fund ‑ Report, 1989‑90.

        Road Traffic Act, 1961 ‑ Regulations ‑ Mass Limits.

        Office of Transport Policy and Planning ‑ Report, 1989‑90.

 

By the Minister of Finance (Hon. F.T. Blevins) ‑

        Casino Supervisory Authority ‑ Report, 1989‑90.

 

By the Minister of Correctional Services (Hon. F.T. Blevins) ‑

        Department of Correctional Services ‑ Report, 1989‑90.

        Correctional Services Advisory Council ‑ Report, 1989‑90.

        Parole Board of South Australia ‑ Report, 1989‑90.

 

By the Minister for Environment and Planning (Hon. S.M. Lenehan) ‑

        Environmental Protection Council ‑ Report, 1989‑90.

        History Trust of South Australia ‑ Report, 1989‑90.

        Clean Air Act, 1984 ‑ Regulations ‑ Backyard Burning (Amendment).

        National Parks and Wildlife Act, 1972 ‑ Regulations ‑ Permit System.

        Planning Act, 1982 ‑ Regulation ‑ Retail Showroom Definition.

        Waste Management Act, 1987 ‑ Regulations ‑ Medical Waste.

 

By the Minister of Emergency Services (Hon. J.H.C. Klunder) ‑

        Stewart Report Recommendations ‑ Police Commissioners Reponse to.

 

By the Minister of Forests (Hon. J.H.C. Klunder) ‑

        Forestry Act ‑ Proclamations ‑

                Kuitpo Forest Reserve.

                Second Valley Forest Reserve.

 

By the Minister of Labour (Hon. R.J. Gregory) ‑

        Long Service Leave (Building Industry) Board ‑ Report, 1989‑90.

 

By the Minister of Marine (Hon. R.J. Gregory) ‑

        Pollution of Waters by Oil and Noxious Substances Act, 1987 ‑ General Regulations.

 

By the Minister of Employment and Further Education (Hon. M.D. Rann) ‑

        Industrial and Commercial Training Act, 1981 ‑ Regulations ‑ Declared Vocation (Amendment).

 

6          Public Works Standing Committee ‑ Report

The Speaker laid on the Table the Report, together with Minutes of Evidence of the Parliamentary Standing Committee on Public Works on RN 4610 Flagstaff Road Bonneyview Road to Black Road Reconstruction and Widening.

Report ordered to be printed (Paper No. 176).

 

7          Questions

Questions without notice were asked.


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8          Limitation of debate

The Deputy Premier (Hon. D.J. Hopgood) moved ‑ That the time allotted for completion of the:

        University of South Australia Bill;

        Statutes Amendment and Repeal (Merger of Tertiary Institutions) Bill;

        Soil Conservation and Land Care Act Amendment Bill;

        Summary Offences Act Amendment Bill (No. 2);

        Road Traffic Act Amendment Bill (No. 3);

        Rural Industry Adjustment (Ratification of Agreement) Bill;

        Wrongs Act Amendment Bill; and

        Statute Law Revision Bill (No.2),

be until 6.00 p.m. on Thursday 8 November.

Question put and passed.

 

9          Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 1 to 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 27.

 

10       University of South Australia Bill

Order of the Day read for the adjourned debate on the question ‑ That the University of South Australia Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                                    Clauses Nos 1 to 5 agreed to.

                                                                    Clause No. 6 amended and agreed to.

                                                                    Clause No. 7 amended and agreed to.

                                                                    Clause No. 8 agreed to.

                                                                    Clause No. 9 amended and agreed to.

                                                                    Clause No.10 read.

Mr S.J. Baker moved on page 4, line 15, to leave out the word "seven" and insert in lieu thereof the word "five".

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

                                                                    Clause otherwise amended and agreed to.

                                                                    Clauses Nos 11 to 17 agreed to.

                                                                    Clause No. 18 read.

Mr S.J. Baker moved on page 6, line 36, to leave out the words "before the expiration of" and insert in lieu thereof the words "no later than 30 June in".

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

                                                                    Clause otherwise amended and agreed to.

                                                                    Clause No. 19 read.

Mr S.J. Baker moved on page 7, line 11, to leave out the words "may at any time, and" and on line 12, after the words "audited by", to insert the words "a registered company auditor appointed by the Council for the purpose or, failing such an appointment,".

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


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                                                                    Clause agreed to.

                                                                    Clauses Nos 20 to 22 agreed to.

                                                                    Clause No. 23 amended and agreed to.

                                                                    Clause No. 24 amended and agreed to.

                                                                    Clause No. 25 agreed to.

                                                                    Title agreed to. 

____________

 

The House having resumed:

Mr M.J.Evans 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.

 

11       Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 17 to 19 be postponed and taken into consideration after Order of the Day (Government Business) No. 27.

 

12       Statutes Amendment and Repeal (Merger of Tertiary Institutions) Bill

Order of the Day read for the adjourned debate on the question ‑ That the Statutes Amendment and Repeal (Merger of Tertiary Institutions) Bill be now read a second time.

Debate resumed.

 

13       Extension of time for adjournment

The Minister of Employment and Further Education moved ‑ That the time for           moving the adjournment of the House be extended beyond 10.00 p.m.

Question put and passed.

 

14       Statutes Amendment and Repeal (Merger of Tertiary Institutions) Bill

Debate (interrupted by the foregoing motion) resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                                    Clauses Nos 1 to 8 agreed to.

                                                                    Clause No. 9 amended and agreed to.

                                                                    Clauses Nos 10 to 15 agreed to.

                                                                    Clause No. 16 amended and agreed to.

                                                                    Clauses Nos 17 to 19 agreed to.

                                                                    Clause No. 20 amended and agreed to.

                                                                    Clauses Nos 21 to 25 agreed to.

                                                                    Clause No. 26 amended and agreed to.

                                                                    Clauses Nos 27 to 29 agreed to.

                                                                    Clause No. 30 amended and agreed to.

                                                                    Clauses Nos 31 to 33 agreed to.

                                                                    Clause No. 34 amended and agreed to.

                                                                    Clauses Nos 35 to 37 agreed to.

                                                                    Clause No. 38 amended and agreed to.

                                                                    Clause No. 39 agreed to.

                                                                    Clause No. 40 amended and agreed to.

                                                                    Clauses Nos 41 to 44 agreed to.

       


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Mr S.J. Baker moved on page 15, after line 36, to insert new clause as follows:

44a.Parliamentary Committee

(1)   The Universities Parliamentary Review Committee is established.

(2)   The duties of the Committee are ‑

        (a)   to monitor the progress of the various mergers of institutions to which this Act relates;

        (b)   to evaluate the effect those mergers have had on the delivery of higher education in this State;

        (c)   generally to review the delivery of higher education services by the universities in this State;

        and

(d)   to make such recommendations, whether for legislative change or otherwise, as the Committee thinks fit in relation to the delivery of those services.

(3)   The Committee consists of six Members of Parliament, three being appointed by the House of Assembly and three by the Legislative Council.

(4)   Of the three members appointed by either House, at least one must be from the group led by the Leader of the Government and at least one must be from the group led by the Leader of the Opposition, but a Minister of the Crown is not eligible for appointment.

(5)   The Committee must first be appointed as soon as practicable after the commencement of this Act and thereafter at the commencement of every Parliament.

(6)   Subject to subsection (7), the members of the Committee hold office until new appointments are made under subsection (5), but a member is eligible for reappointment.

(7)   The office of a member becomes vacant ‑

        (a)   if the member dies;

        (b)   if the member resigns by notice in writing addressed ‑

                (i)    in the case of a member who is a Member of the House of Assembly ‑ to the Speaker of that House or,                        if the office of Speaker is vacant, to the Clerk of that House;

                 (ii)  in the case of a member who is a Member of the Legislative Council ‑ to the President of the Council or,                      if the office of President is vacant, to the Clerk of that House;

        (c)   if the member ceases to be a Member of Parliament (except pursuant to expiry of his or her term of office as        such or on dissolution or expiry of the term of the House of which he or she is a Member);

        (d)   if the member becomes a Minister of the Crown;

        or

        (e)   if the member is removed from office by resolution of the House of which he or she is a Member, on the              ground ‑

                (i)    that he or she is incompetent to discharge the duties of office of a member of the Committee;

                 (ii)  that he or she has been neglectful of those duties;

                or

                (iii)  that he or she is otherwise not a fit and proper person to continue as a member of the Committee.

(8)   A casual vacancy may be filled by appointment in accordance with this section by the appropriate House of Parliament.


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(9)   The Committee may appoint one of its members to preside at meetings of the Committee.

(10) Four members of the Committee constitute a quorum, and no business may be transacted at a meeting of the Committee unless a quorum is present.

(11) All questions to be decided by the Committee at a meeting will be decided by a majority of the votes cast by the members present and voting.

(12) The Committee has the powers of a royal commission under the Royal Commission Act, 1917, and that Act applies accordingly, with such modifications as may be necessary.

(13) The Committee must, no later than 30 September in each year,  furnish both Houses of Parliament with a report on the work of the Committee carried out during the financial year ending on the preceding 30 June.

(14) The Speaker of the House of Assembly and the President of the Legislative Council will, between them, provide such secretarial assistance to the Committee as may reasonably be required for the purpose of carrying out its functions.

(15) This section expires on the third anniversary of the commencement of this Act.

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

                                                                    New Clause No.44a inserted.

                                                                    New Clause No.44b inserted.

                                                                    New Clause No.44c inserted.

                                                                    New Clause No.44d inserted.

                                                                    Clause No.45 amended and agreed to.

                                                                    Clauses Nos 46 to 52 agreed to.

                                                                    New Clause No.52a inserted.

                                                                    New Clause No.52b inserted.

                                                                    New Clause No.52c inserted.

                                                                    Clause No. 53 amended and agreed to.

                                                                    Title agreed to.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

The Minister of Employment and Further Education moved ‑ That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

15       Adjournment

House adjourned at 11.40 p.m. until tomorrow at 2.00 p.m.

 

____________

 

 

        MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 7 November 1990

Notices of Motion: Government Business‑‑

 

The Minister of Education to move ‑ That he have leave to introduce a Bill for an Act to amend the Senior Secondary Assessement Board of South Australia Act, 1983.


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The Minister of Housing and Construction to move ‑ That he have leave to introduce a Bill for an Act to make provision for the registration, incorporation and regulation of housing co‑operatives; and for other purposes.

 

The Minister of Housing and Construction to move ‑ That he have leave to introduce a Bill for an Act to amend the Residential Tenancies Act, 1978.

 

For Thursday 15 November 1990

Notices of Motion:  Other Business‑‑

 

Mr Blacker to move ‑ That this House ‑

(a)   expresses its grave concern with circumstances now prejudicing the survival of many wool growers;

(b)   expresses its unqualified support for the maintenance of the Minimum Reserve Price Scheme (MRP) for the marketing of Australian wool;

(c)   requests the Prime Minister to confirm the 700 cent MRP for 1990‑91, 1991‑92 and 1992‑93 wool selling seasons;

(d)   seeks the introduction of a positive package of measures to stimulate demand on the auction floor; and

(e)   calls on the Federal Government to change its economic and industrial relations policies where they adversely affect Australian exporters.

 

Mr Ingerson to move ‑ That the Regulations under the Occupational Health, Safety and Welfare Act, 1986 relating to Manual Handling made on 27 September and laid on the Table of this House on 10 October 1990, be disallowed. 

 

For Thursday 22 November 1990

Notice of Motion:  Other Business‑‑

 

Mr Oswald to move ‑ That this House concurs with the public statements expressed by the Glenelg Council at the alarming increase in vandalism, graffiti, house breaking, vehicle theft, consumption of alcohol in "dry" areas and associated illegal activities taking place in the Glenelg area which is becoming extremely disturbing to the local community and visitors to the area, and calls on the Government to increase law enforcement by increased policing of the Region and by the insistence on realistic penalties in the Courts.

____________

 

Present during the day ‑ All the Members.

 

 

 

 

 

                                                                                                                                                                    N.T. Peterson

                                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY