No 22

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 24 NOVEMBER 2004

 

 

1       Meeting of House

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

 

2        Message from the Governor

         The following Message from the Governor was received and read:

 

Assent to Bills                                                                                         Message No 7

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the fourth Session of the 50th Parliament, viz –

No. 43 of 2004      An Act to amend the Commission of Inquiry (Children in State Care) Act 2004.

No. 44 of 2004      An Act to amend the Oaths Act 1936.

Government House, 24 November 2004                               M Jackson-Nelson, GOVERNOR

 

3       Petition No 33

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

 

33   Mr Brokenshire, from 284 residents of South Australia, requesting the House to urge the Government to provide intensive care facilities at Noarlunga Hospital.

 

4       Papers

         The Speaker laid on the Table the following Papers:

 

      City of Port Lincoln – Report 2003-2004

      District Council of Le Hunte – Report 2003-2004.

 

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

      Capital City Committee, Adelaide – Report 2003-2004

 

By the Treasurer (Hon K O Foley) –

      Wastewater Prices in South Australia - Parts A, B & C Transparency Statement – 2003-2004

 

By the Minister for Health (Hon L Stevens) –

      Barossa Area Health Services Inc – Report 2003-2004

      Ceduna District Health Services Inc – Report 2003-2004

      Coober Pedy Hospital & Health Services Inc – Report 2003-2004

      Eudunda & Kapunda Health Service Incorporated – Report 2003-2004

      Eyre Regional Health Service – Report 2003-2004

      Hawker Memorial Hospital Inc – Report 2003-2004

      Hills Mallee Southern Regional Health Service Inc – Report 2003-2004

            Jamestown Hospital & Health Service Inc – Report 2003-2004

      Kangaroo Island Health Service – Report 2003-2004

      Lower North Health – Report 2003-2004

      Mid-West Health & Aged Care Inc and Mid-West Health – Report 2003-2004

      Millicent and District Hospital and Health Services Inc – Report 2003-2004

      Mt. Barker District Soldiers Memorial Hospital – Report 2003-2004

      Mount Gambier and Districts Health Service Inc – Report 2003-2004

      Northern Metropolitan Community Health Service – Report 2003-2004

      Northern Yorke Peninsula Health Service – Report 2003-2004

      Peterborough Soldiers Memorial Hospital and Health Service Inc – Report 2003-2004

      Pika Wiya Health Service Inc – Report 2003-2004

      Port Augusta Hospital and Regional Health Services Inc – Report 2003-2004

      Port Broughton District Hospital and Health Services Inc – Report 2003-2004

      Port Lincoln Health Service – Report 2003-2004

      Port Pirie Regional Health Service Inc – Report 2003-2004

South Coast District Hospital Inc (Incorporating Southern Fleurieu Health Service) – Report 2003-2004

      Whyalla Hospital and Health Services Inc – Report 2003-2004

      Waikerie Health Services Incorporated – Report 2003-2004

 

By the Minister for Small Business (Hon K A Maywald) –

      Office of the Small Business Advocate – Report 2003-2004.

 

5       Public Works Committee - Reports – Adelaide Light Railway Upgrade of Glenelg Tramway Infrastructure and Black Road, Flagstaff Hill (Upgrade Flagstaff Road to Oakridge Road)

 

Adelaide Light Railway Upgrade of Glenelg Tramway Infrastructure

Mr Caica brought up the 210th Report of the Committee on the Adelaide Light Railway Upgrade of Glenelg Tramway Infrastructure.

Report received.

Ordered to be published (Paper No 186).

 

Black Road, Flagstaff Hill (Upgrade Flagstaff Road to Oakridge Road)

Mr Caica brought up the 211th Report of the Committee on the Black Road, Flagstaff Hill (Upgrade Flagstaff Road to Oakridge Road).

Report received.

Ordered to be published (Paper No 187).

 

6       Questions

Questions without notice were asked.

Ordered on motion of the Minister for Infrastructure (Hon P F Conlon), - That the period for asking questions without notice be extended by 1 minute.

Questions without notice resumed.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 9 be postponed until Wednesday 8 December.

 

9       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 10 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 11.

 

10      Road Traffic (Drug Tests) Amendment Bill

Mr Venning, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Venning moved - That this Bill be now read a second time.

Ordered, on the motion of Mrs Geraghty, that the debate be adjourned until Wednesday 8 December.

 

11      Economic and Finance Committee - Report – Real Estate Industry Indemnity Fund - Motion to note

Ms Thompson, pursuant to notice, moved - That the 50th Report of the Economic and Finance Committee on the Real Estate Industry Indemnity Fund be noted.

         Debate ensued.

         Question put and passed.

 

12      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 12 be postponed until Wednesday 8 December.

 

13      Social Development Committee - Report – Post Natal Depression Inquiry - Motion to note

Mr Snelling, pursuant to notice, moved - That the 20th Report of the Social Development Committee relating to the Post Natal Depression Inquiry be noted.

Debated ensued.

Ordered, on the motion of Ms Thompson, that the debate be adjourned until Wednesday 8 December.

 

14      Select Committee on Nurse Training and Education – Extension of time for bringing up Report

Ordered, on motion of Ms Thompson - That the time for bringing up the Report of the Select Committee be extended until Wednesday 9 February 2005.

 

15      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 2 be postponed until Wednesday 8 December.

 

16      Occupational Safety, Rehabilitation and Compensation Committee – Report – Occupational Health, Safety and Welfare (Safework SA) Amendment Bill - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Caica - That the Seventh Report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation entitled the Occupational Health, Safety and Welfare (Safework SA) Amendment Bill, be noted.

         Debate resumed.

         Question put and passed.

 

17      Constitution (Basic Democratic Principles) 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.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 8 December.

 

18      Parental Responsibility Bill

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

Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 8 December.

 

19      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 6 be postponed until Wednesday 8 December.

 

20      Environment Protection (Plastic Shopping Bags) 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.

 

 

____________

 

The two hours for consideration of Private Members Business having expired, the debate was adjourned (Mr Venning, by leave) and Government Business was called on.

____________

 

 

21      Motor Vehicles (Fees) Amendment Bill

The Deputy Premier (Hon K O Foley), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to to amend the Motor Vehicles Act 1959.

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.

 

22      Postponement of business

Ordered severally - That Notices of Motion: Government Business Nos 2 to 5 and Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

23      Statutes Amendment (Miscellaneous Superannuation Measures No 2) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

24      Classification (Publications, Films and Computer Games) (Types of Classification) Amendment Bill

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

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.

 

25      Oaths (Abolition of Proclaimed Managers) Amendment Bill

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

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.

 

 

 

26      Justices of the Peace Bill

The Attorney-General, pursuant to notice, moved - 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.

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.

 

27      Acts Interpretation (Gender Balance) Amendment Bill

The Minister for the Status of Women (Hon S W Key), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Acts Interpretation Act 1915.

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 G M Gunn, that the debate be adjourned until tomorrow.

 

28      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration on motion.

 

29      Industrial Law Reform (Fair Work) Bill

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

 

In Committee

Clause No 48 amended and agreed to.

Clause No 49 agreed to.

Clause No 50 read.

 

Question – That the Clause stand as printed – put.

 

         Committee divided (No 1):

 

           Ayes, 20

           Noes, 20

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Hanna

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

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

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.

 

Clause No 50 agreed to.

Clause No 51 read.

 

Hon I F Evans moved on page 31, after line 1, to insert:

   (1)        Section 105A(1)—delete subsection (1) and substitute:

(1)     This Part does not apply to—

(a)    a non-award employee whose remuneration immediately before the dismissal took effect is $66 200 (indexed) or more a year; or

(b)    an employee who—

(i)    was, at the relevant time, employed in a small business; and

(ii)    has, at the relevant time, been employed in the business on a regular and systematic basis for less than 12 months.

The relevant time is, if notice of dismissal is given, the time the notice is given and, if not, the time the dismissal takes effect.

A small business is the business of an employer who, at the relevant time, employs less than 20 employees in the business (disregarding casual employees who are not employed on a regular and systematic basis). However, if an employer or a group of associated employers divide a business in which 20 or more employees are employed into a number of separate businesses, a business resulting from the division is not to be regarded as a small business even though less than 20 employees are employed in the business.

 

Question – That the amendment be agreed to – put.

 

         Committee divided (No 2):

 

           Ayes, 20

           Noes, 20

 

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 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

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

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 31, lines 2 to 4, to leave out all words in these lines.

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 3):

 

           Ayes, 20

           Noes, 20

 

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 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

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

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 51 agreed to.

Clause No 52 amended and agreed to.

Clause No 53 agreed to.

Clause No 54 read.

 

Hon I F Evans moved on page 32, lines 16 to 19, to delete subclause (2) and substitute:

            (2)        Section 108—after subsection (2) insert:

(2a)         In addition, in deciding whether a dismissal was harsh, unjust or unreasonable, the Commission may have regard to the fact that the WorkCover Corporation of South Australia, or a review authority acting under the Workers Rehabilitation and Compensation Act 1986, has found that the employer has failed to comply with an obligation under section 58B or 58C of the Workers Rehabilitation and Compensation Act 1986 (if relevant).

Question – That the amendment be agreed to – put.

 

         Committee divided (No 4):

 

           Ayes, 20

           Noes, 20

 

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 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

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

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 54 agreed to.

Clause No 55 read.

 

Mr Hanna moved, on page 32, after line 26, to insert:

            (1a)       Section 109—after subsection (3) insert:

(3a)        The Commission may, in addition to any other order that it may determine to make under this section, order the employer to pay to the applicant an amount in the nature of punitive damages if the Commission is satisfied that the employer's actions justify such an award.

(3b)        An award under subsection (3a) must not exceed 6 months remuneration at the rate applicable to the dismissed employee immediately before the dismissal took effect, or the indexed amount that applies under subsection (3), whichever is the greater (and such an award will not be taken to be compensation for the purposes of a preceding subsection).

Question – That the amendment be agreed to – put.

 

         Committee divided (No 5):

 

           Ayes, 3

 

           Noes, 37

Dr McFetridge

Hon M J Atkinson

Mr Williams

Ms Bedford

Mr Hanna (Teller)

Ms Breuer

 

Mr Brindal

 

Mr Brokenshire

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

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 S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon I P Lewis

 

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

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clause No 55 agreed to.

 

Mr Hanna moved on page 32, after line 32, to insert a new clause as follows:

55A—Amendment of section 110—Costs

Section 110(2)—delete subsection (2)

Question – That proposed new Clause No 55A be inserted – put and negatived.

 

Clause No 56 agreed to.

 

Mr Hanna moved on page 32, after line 40, to insert a new clause as follows:—

56A—Insertion of new Part

After section 114 insert:

Part 8—Workplace surveillance devices

114A—Workplace surveillance devices

(1)     An employer must not—

(a)  use a listening device (or cause such a device to be used) that records or monitors the conversations of an employee of the employer in the employee's workplace; or

(b)  use a visual surveillance device (or cause such a device to be used) that observes, records visually or monitors the activities of an employee of the employer in the employee's workplace; or

(c)  use an electronic device (or cause such a device to be used) that allows an employer to read emails received by an employee of the employer in the employee's workplace without opening the emails at a workstation where they would normally be opened by the employee,

unless the employer has notified the employee, in the manner prescribed by the regulations, of the installation or use of the device.

Maximum penalty: $5 000.

(2)      Subsection (1) does not apply in any circumstances prescribed by the regulations for the purposes of this section.

(3)     In this section—

listening device means an electronic or mechanical device capable of being used to record or monitor conversation or words spoken to or by a person;

visual surveillance device means an electronic or mechanical device capable of being used to observe or record visually (whether for still or moving pictures) a person or place.

 

         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.

 

30      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.

 

31      Industrial Law Reform (Fair Work) Bill

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

 

In Committee

Proposed new Clause No 56A further considered.

 

Amendment to amendment

Hon I F Evans moved to amend the proposed new clause by deleting the words “ in the manner prescribed by the regulations,".

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

Question – That proposed new Clause No 56A be agreed to - put and passed.

 

New Clause No 56A inserted.

Clause No 57 read.

 

Hon G M Gunn moved on page 33, after line 30, to insert:

(6a)         Section 140(3)—after paragraph (a) insert:

(ab) address offensive language to an employer or an employee; or

(6b)         Section 140(3)—after paragraph (b) insert:

(c)    use or threaten to use force in relation to an employer, an employee or any other person.

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

 

Hon I F Evans moved on page 33, lines 2 to 6, to delete subclause (1).

Question – That the amendment be agreed to – put.

 

         Committee divided (No 6):

 

           Ayes, 20

           Noes, 20

 

Mr Brindal

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Mr Goldsworthy

Mr Caica

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon D C Kotz

Mr Hanna

Hon I P Lewis

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 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 33, line 5, to delete ", or potential members,"

Question – That the amendment be agreed to – put.

 

         Committee divided (No 7):

 

           Ayes, 20

           Noes, 20

 

Mr Brindal

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Mr Goldsworthy

Mr Caica

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon D C Kotz

Mr Hanna

Hon I P Lewis

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 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 33, lines 21 and 22, to delete subclause (5) and substitute:

(5)           Section 140(2)—delete "the award" and substitute:

any relevant award

Question – That the amendment be agreed to – put.

 

         Committee divided (No 8):

 

           Ayes, 20

           Noes, 20

 

Mr Brindal

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Mr Goldsworthy

Mr Caica

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon D C Kotz

Mr Hanna

Hon I P Lewis

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 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 33, line 26, to delete "24" and substitute:

48

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

 

Clause No 57 otherwise amended and agreed to.

Clauses Nos 58 to 62 agreed to.

New Clause No 62A inserted.

Clauses Nos 63 to 69 agreed to.

New Clause No 69A inserted.

 

Hon I F Evans moved on page 37, after line 36, to insert a new clause as follows:

69B—Insertion of section 230A

After section 230 insert:

230A—Affiliation of registered associations with political parties

(1)      If a registered association is affiliated with a registered political party, then the following provisions will apply:

(a)        a member of the association cannot be—

(i)    taken to be a member of the political party; or

(ii)   taken into account for the purposes of—

(A)   determining the representation or other entitlements of the association; or

(B)   determining the voting entitlements of any person representing the association,

at a meeting of the political party, or at any conference or convention held by the political party,

unless the member has provided to the association a written authorisation under which the member agrees to be recognised as being associated with that political party by virtue of being a member of the association (and such a member will then be a recognised member for the purposes of this subsection while the authorisation remains in force);

(b)       a person is not eligible to represent the association under any rule or determination of the political party unless the person is a recognised member selected at an election where the only persons eligible to vote are recognised members;

(c)       any fee payable on account of the association being affiliated with the political party must be paid by the recognised members (and must not be payable by any other member of the association) and, if the fee is calculated (in whole or part) on a per capita basis, must only take into account recognised members.

(2)         A person may, by written notice furnished to the registered association, revoke an authorisation previously given by him or her under subsection (1).

(3)         Any rule or determination of a registered association or a registered political party that is inconsistent with subsection (1) is void and of no effect to the extent of the inconsistency.

(4)         The regulations may establish a scheme to regulate the collection or payment of any fee under subsection (1)(c).

(5)         To avoid doubt, nothing in this section prevents a member of a registered association being a member of a registered political party on application by the member in his or her own right.

(6)         For the purposes of this section, a registered association is affiliated with a registered political party if—

(a)  the registered association is a member of the political party; or

(b)  the rules of the registered association or the rules of the political party provide for any other form of affiliation with the political party.

(7)         In this section—

registered political party means a political party registered under Part 6 of the Electoral Act 1985.

 

         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 tomorrow.

 

32      Adjournment

House adjourned at 11.59 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 25 November 2004

 

Notice of Motions: Other Motions -

 

Ms Thompson to move – That this House congratulates Mr Tony Santic, South Australian owner of Makybe Diva, for Makybe Diva’s terrific win in the 2004 Melbourne Cup.

 

            For Wednesday 8 December 2004 

 

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

 

Mr Caica to move – That the Two Hundred and Tenth Report of the Public Works Committee on the Adelaide Light Railway Upgrade of Glenelg Tramway Infrastructure, be noted.

 

Mr Caica to move – That the Two Hundred and Eleventh Report of the Public Works Committee on the Black Road, Flagstaff Hill (Upgrade Flagstaff Road to Oakridge Road), be noted.

 

            For Thursday 9 December 2004 

 

Notice of Motion: Other Motions -

 

Mr Hamilton-Smith to move – That this House censures the Members for Chaffey,  Fisher and Mount Gambier for

(a)           supporting the Government's efforts to cover up and conceal the full facts surrounding the misuse of the Crown Solicitors Trust Account and unlawful transactions linked to that account, and

(b)           acting to ensure that abuses of ministerial power and parliamentary privilege remain concealed and not investigated.

 

 

____________

 

 

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 Infrastructure (Hon P F Conlon), Minister for Transport (Hon P L White), Ms Ciccarello.

               Noes –Leader of the Opposition (Hon R G Kerin), Hon D C Brown, Mrs Redmond.

 

         Division No 2 -

               Ayes –Leader of the Opposition, Hon D C Brown, Mrs Redmond.

               Noes – Minister for Infrastructure, Minister for Transport, Minister for Families and Communities (Hon J W Weatherill).

 

         Division No 3 -

               Ayes –Leader of the Opposition, Hon D C Brown, Mrs Redmond.

               Noes – Minister for Infrastructure, Minister for Transport, Minister for Families and Communities.

 

         Division No 4 -

               Ayes –Leader of the Opposition, Hon D C Brown, Mrs Redmond.

               Noes – Minister for Infrastructure, Minister for Transport, Minister for Families and Communities.

 

         Division No 6 -

               Ayes –Leader of the Opposition, Hon D C Brown, Mr Brokenshire.

               Noes – Minister for Infrastructure, Minister for Transport, Minister for Families and Communities.

 

         Division No 7 -

               Ayes –Leader of the Opposition, Hon D C Brown, Mr Brokenshire.

               Noes – Minister for Infrastructure, Minister for Transport, Minister for Families and Communities.

 

         Division No 8 -

               Ayes –Leader of the Opposition, Hon D C Brown, Mr Brokenshire.

               Noes – Minister for Infrastructure, Minister for Transport, Minister for Families and Communities.

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY