No. 23

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                ____________

 

 

                            WEDNESDAY 4 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   Message from the Governor

     The following Message from the Governor was received and read:

 

     Assent to Bills                                         Message No. 9

     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. 8 of 1994 - An Act to amend the Guardianship and Administration Act 1993.

     No. 9 of 1994 - An Act to amend the Wills Act 1936.

     No. 10 of 1994 - An Act to amend the Mental Health Act 1993.

     Government House, 4 May 1994                      R.F. Mitchell, GOVERNOR

 

 3   Petitions Nos 50 and 51

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

 

     50 Mr Lewis, from 231 residents of South Australia, requesting that the House urge the Government to ensure that water to consumers drawn from the River Murray is filtered.

 

     51 Mr Venning, from 1 925 residents of South Australia, requesting that the House urge the Government to install traffic lights at the intersection of Gawler and Murray Streets in Nurioopta.

 

 4   Papers

     The following Papers were tabled:

 

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

        Rural Debt in South Australia - Report, 1994

 

     By the Minister for Primary Industries (Hon. D.S. Baker) -

        UF & S Carry on Finance Survey - Ministerial Docket.

 

 5   Social Development Committee - Report - Rural Property in South Australia

     Mr Leggett brought up the Interim Report of the Social Development Committee relating to Rural Poverty in South Australia.

 

 6   Legislative Review Committee - Reports and Minutes of Evidence

     Mr Cummins brought up the Thirteenth Report, 1994, of the Legislative Review Committee.

     Report received and read as follows:

     The Rules listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on this matter and it is necessary for Notices of Motion for disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

     Honourable Members are warned that after further consideration has been given to the Rules, the Committee may decide to take no further action.

     Rules referred to -

     Local Government Act 1934 - Rules - Superannuation Scheme - Various.

 

     Mr Cummins brought up the Fourteenth Report, 1994 of the Legislative Review Committee.

     Report received.

 

     Mr Cummins brought up the Minutes of Evidence given before the Legislative Review Committee on Corporation of Tea Tree Gully - By-laws Nos 1 to 9 - Various.

     Minutes received.

 

 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   Constitution (Electoral Districts Boundaries Commission) Amendment Bill

     The Deputy Premier (Hon. S.J. Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

     Question put and passed.

 

     Bill presented and read a first time.

     The Minister moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until tomorrow.

 

10   Statutes Amendment (Closure of Superannuation Schemes) Bill

     The Treasurer (Hon. S.J. Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Superannuation Act 1988 and the Police Superannuation Act 1990.

     Question put and passed.

 

     Bill presented and read a first time.

     The Minister moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until tomorrow.

 

11   Postponement of business

     Ordered - That Notice of Motion: Government Business No. 3 be postponed and taken into consideration on motion.

 

12   Controlled Substances (Destruction of Cannabis) Amendment Bill

     The Minister for Health (Hon. M.H. Armitage), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

     Question put and passed.

 

     Bill presented and read a first time.

     The Minister moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until tomorrow.

13   Criminal Law Consolidation (Child Sexual Abuse) Amendment Bill

     Order of the Day read for the second reading of this Bill.

     The Deputy Premier moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Atkinson, that the debate be adjourned until tomorrow.

 

14   Postponement of business

     Ordered - That Orders of the Day: Government Business Nos 2 to 4 be postponed and taken into consideration after Order of the Day: Government Business No. 5.

 

15   Forestry (Abolition of Board) Amendment Bill

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

     Debate resumed.

     Question put and passed.

 

     Bill read a second time.

 

                                In Committee

                        Clauses Nos 1 to 22 agreed to.

                        Schedule 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   Postponement of business

     Ordered - That Orders of the Day: Government Business Nos 2 and 3 be postponed and taken into consideration on motion.

 

17   Statutes Amendment (Waterworks and Sewerage) Bill

     The Minister for Infrastructure (Hon. J.W. Olsen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Waterworks Act 1932 and the Sewerage Act 1929.

     Question put and passed.

 

     Bill presented and read a first time.

     The Minister moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Foley, that the debate be adjourned until tomorrow.

 

18   Irrigation Bill

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

     Debate resumed.

     Question put and passed.

 

     Bill read a second time.

                                In Committee

                        Clauses Nos 1 to 82 agreed to.

                        Schedules 1 to 3 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.

 

20   Police (Surrender of Property on Suspension) Amendment Bill

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

     Debate resumed.

     Question put and passed.

 

     Bill read a second time.

 

                                In Committee

                        Clauses Nos 1 to 3 agreed to.

                        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.

 

21   Juries (Jurors in Remote Areas) Amendment Bill

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

     Debate resumed.

     Question put and passed.

 

     Bill read a second time.

 

                                In Committee

                        Clauses Nos 1 to 5 agreed to.

                        Clause No. 6 amended and agreed to.

                        New clause 6A inserted.

                        Clause No. 7 left out.

                         Clauses Nos 8 to 10 agreed to.

                        New Clauses Nos 11 and 12 inserted.

                        New Schedule inserted.

                        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 with amendments.

 

     Bill read a third time and passed.

 

22   Racing (Miscellaneous) Amendment Bill

     Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.


 

                                In Committee

     Resolved - That the amendments be agreed to.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

23   Criminal Law Consolidation (Sexual Intercourse) 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.

 

24   Statutes Amendment (Truth in Sentencing) Bill

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

     Debate resumed.

 

25   Extension of time for adjournment

     The Minister for Correctional Services (Hon. W.A. Matthew) moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

     Question put and passed.

 

26   Statutes Amendment (Truth in Sentencing) Bill

     Debate (interrupted by the foregoing motion) resumed.

     Question put and passed.

 

     Bill read a second time.

                                In Committee

                        Clauses Nos 1 to 19 agreed to.

                        Clause No. 20 read.

     Question - That the Clause stand as printed - put.


     Committee divided (No. 1):

 

            Ayes, 29.

 

         Mr Andrew

         Hon. M.H. Armitage

         Mr Ashenden

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Hon. D.C. Brown

         Mr Caudell

         Mr Condous

         Mr Evans

         Ms Greig

         Hon. G.M. Gunn

         Hon. G.A. Ingerson

         Mr Kerin

         Mr Leggett

         Mr Meier

         Hon. J.W. Olsen

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Hon. W.A. Matthew (Teller)

     Noes, 8.

 

Hon. F.T. Blevins

Mr Clarke

Mr De Laine

Mr Foley

Ms Hurley

Hon. M.D. Rann

Ms Stevens

Mr Atkinson Teller)

 

 

 

     So it was resolved in the affirmative.

                        Clause No. 21 read.

     Question - That the Clause stand as printed - put.


     Committee divided (No. 2):

 

            Ayes, 29.

 

         Mr Andrew

         Hon. M.H. Armitage

         Mr Ashenden

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Hon. D.C. Brown

         Mr Caudell

         Mr Condous

         Mr Evans

         Ms Greig

         Hon. G.M. Gunn

         Hon. G.A. Ingerson

         Mr Kerin

         Mr Leggett

         Mr Meier

         Hon. J.W. Olsen

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Hon. W.A. Matthew (Teller)

     Noes, 8.

 

Hon. F.T. Blevins

Mr Clarke

Mr De Laine

Mr Foley

Ms Hurley

Hon. M.D. Rann

Ms Stevens

Mr Atkinson (Teller)

 

 

 

     So it was resolved in the affirmative.

 

                        Schedule 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.

     The Minister for Correctional Services moved - That this Bill be now read a third time.

     Debate ensued.

     Question put and passed.

 

     Bill read a third time and passed.

 

27   Messages from the Legislative Council

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

 

     Workers Rehabilitation and Compensation (Administration)

        Amendment Bill                                       Message No. 35

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Workers Rehabilitation and Compensation Act 1986, 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 (clause 2) - After line 15 insert 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 WorkCover Corporation 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 21 to 30 (clause 4) - Leave out paragraph (c) and insert paragraph as follows:-

           ‘(c)  by striking out from subsection (1) the definition of “journey”;’

     No. 3 Page 3, line 17 (clause 4) - Leave out “or on the recommendation of the Corporation”.

     No. 4 Page 3, lines 27 to 29 (clause 5) - Leave out subsection (2) and insert subsection as follows:-

           ‘(2)  The Advisory Committee consists of ten members appointed by the Governor of whom -

              (a)   one (the presiding member) will be appointed on the Minister’s nomination made after consultation with associations representing employers and the UTLC; and

              (b)   four (who must include at least one suitable representative of registered employers and at least one suitable representative of exempt employers) will be appointed on the Minister’s nomination made after consultation with associations representing employers; and

              (c)   four will be appointed on the Minister’s nomination made after consultation with the UTLC; and

              (d)   one will be an expert in rehabilitation.’

     No. 5 Page 3, lines 30 and 31 (clause 5) - Leave out proposed subsection (3).

     No. 6 Page 4 (clause 5) - After line 11 insert new paragraph as follows:-

           '(ba) to investigate work-related injury and disease;’

     No. 7 Page 4, lines 28 to 35 and page 5, lines 1 to 27 (clause 5) - Leave out proposed sections 9 to 11 and insert proposed sections as follow:-

           9. 'Terms and conditions of office. (1)  A member of the Advisory Committee will be appointed on conditions, and for a term (not exceeding three years), determined by the Governor and, on the expiration of a term of appointment, is eligible for re-appointment.

           (2)   The Governor may remove a member from office for -

              (a)   breach of, or non-compliance with, a condition of appointment; or

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

              (c)   neglect of duty; or

              (d)   dishonourable conduct.

           (3)   The office of a member becomes vacant if the member -

              (a)   dies; or

              (b)   completes a term of office and is not re-appointed; or

              (c)   resigns by written notice addressed to the Minister; or

              (d)   is found guilty of an offence against subsection (5) (Disclosure of Interest); or

              (e)   is removed from office by the Governor under subsection (2).

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

           (5)   A member who has a direct or indirect personal or pecuniary interest in a matter under consideration by the Advisory Committee -

              (a)   must, as soon as practicable after becoming aware of the interest, disclose the nature and extent of the interest to the Committee; and

              (b)   must not take part in a deliberation or decision of the Committee on the matter and must not be present at a meeting of the Committee when the matter is under consideration.

           Penalty:  $8 000 or imprisonment for two years.

           10. 'Allowances and expense. (1) A member of the Advisory Committee is entitled to fees, allowances and expenses approved by the Governor.

           (2)   The fees, allowances and expenses are payable out of the Compensation Fund.


           11. 'Proceedings etc., of the Advisory Committee. (1)  Meetings of the Advisory Committee must be held at times and places appointed by the Committee, but there must be at least one meeting every month.

           (2)   Six members of the Advisory Committee constitute a quorum of the Committee.

           (3)   The presiding member of the Advisory Committee will, if present at a meeting of the Committee, preside at the meeting and, in the absence of the presiding member, a member chosen by the members present will preside.

           (4)   A decision carried by a majority of the votes of the members present at a meeting of the Advisory Committee is a decision of the Committee.

           (5)   Each member present at a meeting of the Advisory  Committee is entitled to one vote on a matter arising for decision by the Committee, and, if the votes are equal, the person presiding at the meeting has a second or casting vote.

           (6)   The Advisory Committee must ensure that accurate minutes are kept of its proceedings.

           (7)   The proceedings of the Advisory Committee must be open to the public unless the proceedings relate to commercially sensitive matters or to matters of a private confidential nature.

           (8)   Subject to this Act, the proceedings of the Advisory Committee will be conducted as the Committee determines.

           12. 'Confidentiality. A member of the Advisory Committee who, as a member of the Committee, acquires information matter of a commercially sensitive nature, or of a private confidential nature, must not divulge the information without the approval of the Committee.

           Penalty:  $4 000.

           13. 'Immunity of members of Advisory Committee.  (1)  No personal liability attaches to a member of the Advisory Committee for an act or omission by the member or the Committee in good faith and in the exercise or purported exercise of powers or functions under this Act.

           (2)   A liability that would, but for subsection (2), lie against a member lies instead against the Crown.’

     No. 8 Page 6 (clause 6) - After line 20 insert the follow:-

           ‘(d)  attendance at an educational institution under the terms of an apprenticeship or other legal obligation, or at the employer’s request or with the employer’s approval; and

            (e)  attendance at a place to receive a medical service, to obtain a medical report or certificate (or to be examined for the purpose), to participate in a rehabilitation program, or to apply for, or receive, compensation for a compensable disability.’

     No. 9 Page 6, lines 21 to 26 (clause 6) - Leave out proposed subsection (4) and insert proposed subsection as follows:-

           ‘(4)  However, a disability does not arise from employment if it arises out of, or in the course of, the worker’s involvement in a social or sporting activity, except where the involvement forms part of the worker’s employment or is undertaken at the direction or request of the employer, or while using facilities provided by the employer.’

     No. 10   Page 6, lines 27 to 33 (clause 6) - Leave out proposed subsections (5) and (6) and insert proposed subsections as follow:-

           ‘(5)  A disability that arises out of, or in the course of, a journey arises from employment only if -

              (a)   the journey is undertaken in the course of carrying out duties of employment; or

           Examples -

           °  A school employee is required to drive a bus taking school children on an excursion and has an accident resulting in disability in the course of the journey.

           °  A  worker is employed to pick up and deliver goods for a business and has an accident resulting in disability in the course of a journey to pick up or deliver goods for the business or a return journey to the worker’s place of employment after doing so.

              (b)   the journey is between -

                 (i)     the worker’s place of residence and place of employment; or

                 (ii)    the worker’s place of residence or place of employment and -


                    °    an educational institution the worker attends under the terms of an apprenticeship or other legal obligation, or at the employer’s request or with the employer’s approval; or

                    °    a place the worker attends to receive medical treatment, to obtain a medical report or certificate, to participate in a program of rehabilitation, or to apply for or receive compensation for a compensable disability,

              and there is a real and substantial connection between the employment and the accident out of which the disability arises.

           Examples -

           °  A worker is employed to work at separate places of employment so that travelling is inherent in the nature of the employment and has an accident while on a journey between the worker’s place of residence and a place of employment.

           °  A worker must, because of the requirements of the employer, travel an unusual distance or on an unfamiliar route to or from work and has an accident while on a journey between the worker’s place of residence and a place of employment.

           °  A worker works long periods of overtime, or is subjected to other extraordinary demands at work, resulting in physical or mental exhaustion, and has, in consequence, an accident on the way home from work.

           °  A worker becomes disorientated by changes in the pattern of shift work the worker is required to perform and has, in consequence, an accident on the way to or from work.

           (6)   The journey between places mentioned in subsection (5)(b)  must be a journey by a reasonably direct route but may include an interruption or deviation if it is not, in the circumstances of the case, substantial, and does not materially increase the risk of injury to the worker.’

     No. 11   Page 7, lines 1 to 18 (clause 6) - Leave out proposed section 30A and insert proposed section as follows:-

           30A 'Stress-related disabilities.  A disability consisting of an illness or disorder of the mind caused by stress is compensable if and only if -

           (a)   stress arising out of employment was a substantial cause of the disability; and

           (b)   the stress did not arise wholly or predominantly from -

              (i)   reasonable action taken in a reasonable manner by the employer to transfer, demote, discipline, counsel, retrench or dismiss the worker; or

              (ii)  a decision of the employer, based on reasonable grounds, not to award or provide a promotion, transfer, or benefit in connection with the worker’s employment; or

              (iii) reasonable administrative action taken in a reasonable manner by the employer in connection with the worker’s employment; or

              (iv)  reasonable action taken in a reasonable manner under this Act affecting the worker.’

     No. 12   Page 7, lines 30 to 33 (clause 6) - Leave out paragraph (b) and insert paragraph as follows:-

           ‘(b)  the influence of alcohol or a drug voluntarily consumed by the worker (other than a drug lawfully obtained and consumed in reasonable quantity by the worker).’

     No. 13   Page 7 (clause 6) - After line 33 insert subsection as follows:-

           ‘(3)  Subsection (2) does not apply in a case of death or serious and permanent disability.’

     No. 14   Page 8, lines 4 and 5 (clause 7) - Leave out subsection (1).

     No. 15   Page 8, line 6 (clause 7) - Leave out “However, if” and insert “Where”.

     No. 16   Page 8, lines 11 to 13 (clause 7) - Leave out subsection (3) and insert subsection as follows:-

           ‘(3)  A regulation made on the recommendation of the Advisory Committee may extend the operation of subsection (2) to disabilities and types of work prescribed in the regulation.’

     No. 17   Page 8, lines 28 to 34 and page 9, lines 1 to 15 (clause 9) - Leave out the clause and insert new clause as follows:-

           9. 'Substitution of s.42.  Section 42 of the principal Act is repealed and the following section is substituted:

           42. 'Commutation of liability to make weekly payments. (1)  A liability to make weekly payments under this Division may, on application by the worker, be commuted to a liability to make a capital payment that is actuarially equivalent to the weekly payments.

           (2)   However, the liability may only be commuted if -

              (a)   the incapacity is permanent; and

              (b)   the actuarial equivalent of the weekly payments does not exceed the prescribed sum1.

           (3)   The Corporation has (subject to this section) an absolute discretion to commute or not to commute a liability under this section, and the Corporation’s decision to make or not to make the commutation is not reviewable (but a decision on the amount of a commutation is reviewable).

           (4)   If the Corporation decides to make a commutation and makes an offer to the worker, the Corporation cannot, without the agreement of the worker, subsequently revoke its decision to make the commutation.

           (5)   In calculating the actuarial equivalent of weekly payments, the principles (and any discount, decrement or inflation rate) prescribed by regulation must be applied.

           (6)   A commutation discharges the Corporation’s liability to make weekly payments to which the commutation relates.

           Notes -

           1  The reference to the prescribed sum is a reference to the prescribed sum for the purposes of Division 5 - See s.43(11).’

     No. 18   Page 9, lines 21 to 34 (clause 10) - Leave out subsections (14) to (18) and insert the following:-

           ‘(14) A liability to make weekly payments under this section may, on application by the person entitled to the weekly payments, be commuted to a liability to make a capital payment that is actuarially equivalent to the weekly payments.

           (15) However, the liability may only be commuted if the actuarial equivalent of the weekly payments does not exceed the prescribed sum1.

           (16) The Corporation has (subject to this section) an absolute discretion to commute or not to commute a liability under this section, and the Corporation’s decision to make or not to make commutation is not reviewable (but a decision on the amount of a commutation is reviewable).

           (17) If the Corporation decides to make a commutation and makes an offer under this section, the Corporation cannot, without the agreement of the applicant, subsequently revoke its decision to make the commutation.

           (18) In calculating the actuarial equivalent of weekly payments, the principles (and any discount, decrement or inflation rate) prescribed by regulation must be applied.

           (19)  A commutation discharges the Corporation’s liability to make weekly payments to which the commutation relates.

           Notes -

           1  The reference to the prescribed sum is a reference to the prescribed sum for the purposes of Division 5 - See s.43(11).’

     No. 19   Page 10 - After line 2 insert new clause as follows:-

           11A. Amendment of s.53 - Determination of claim.  Section 53 of the principal Act is amended by inserting after subsection (7) the following subsection:

           (7A)  For the purposes of subsection (7), an appropriate case is one where -

                 (a)     the redetermination is necessary to give effect to an agreement reached between the parties to an application for review or to reflect progress (short of an agreement) made by the parties to such an application in an attempt to resolve questions by agreement; or

                 (b)     the claimant deliberately withheld information that should have been supplied to the Corporation and the original determination was, in consequence, based on inadequate information.’

     No. 20   Page 12, lines 5 to 8 (clause 20) - Leave out paragraph (a).

     No. 21   Page 12 (clause 22) - After line 30 insert the following:-

           ‘and

           (c)   the amendment made by section 11A applies as from 24 February 1994.’

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

     Statutes Amendment (Notice of Closure of Educational Institutions) Bill   Message No. 36

     MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Education Act 1972 and the Technical and Further Education Act 1975, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 4 May 1994                   H.P.K. Dunn, PRESIDENT

 

     Bill read a first time.

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

 

     Parliamentary Committees (Miscellaneous) Amendment Bill       Message No. 37

     MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Parliamentary Committees (Miscellaneous) Amendment Bill, for the reason indicated in the annexed Schedule.  The Legislative Council returned the Bill herewith and desires its reconsideration.

     Legislative Council, 4 May 1994                   H.P.K. Dunn, PRESIDENT

 

Schedule of the amendments made by the House of Assembly

                and disagreed to by the Legislative Council

     No. 1 Clause 3, page 1, lines 19 and 20 - Leave out paragraph (a) and insert -

           ‘(a)by striking out from paragraph (a) of the definition of “appointing House or Houses” “the Economic and Finance Committee” and substituting “the Public Accounts Committee or the Public Works Committee”;’

     No. 2 Clause 3, page 1, lines 25 to 28 and page 2, lines 1 and 2 - Leave out all words in these lines and insert -

           ‘(c)by striking out the definition of “Committee” and substituting the following definition:

           “Committee” means -

           (a)   the Public Accounts Committee;

           (b)   the Environment, Resources and Development Committee;

           (c)   the Legislative Review Committee;

           (d)   the Public Works Committee;

           (e)   the Social Development Committee;

           or

           (f)   the Statutory Authorities Review Committee,

           established by this Act:’

     No. 3 New clause, page 3, after line 10 - Insert new clause as follows:-

           3A.‘Substitution of heading  The heading to Part II of the principal Act is repealed and the following heading is substituted:

PART II

PUBLIC ACCOUNTS COMMITTEE’.

     No. 4 New clause, page 3, after line 10 - Insert new clause as follows:-

           3B. ‘Amendment of s.4 - Establishment of Committee Section 4 of the principal Act is amended by striking out “Economic and Finance” and substituting “Public Accounts”.’

     No. 5 New clause, page 3, after line 10 - Insert new clause as follows:-

           3C. ‘Amendment of heading The heading to Division II of Part II of the principal Act is amended by striking out “ECONOMIC AND FINANCE” and substituting “PUBLIC ACCOUNTS”.’

     No. 6 Clause 4, page 3, lines 12 and 13 - Leave out all words in these lines and insert -

           ‘4.  Section 6 of the principal Act is amended -

           (a)   by striking out “Economic and Finance” and substituting “Public Accounts”;

           (b)   by striking out subparagraph (i) of paragraph (a) and substituting the following subparagraph:

              (i)   any matter concerned with the public accounts or finance or economic development;;


           (c)   by striking out subparagraph (iii) of paragraph (a) and substituting the following subparagraph:’.

     No. 7 Clause 14, page 7, lines 4 to 7 - Leave out this clause and insert -

           16. ‘Transitional provisions. (1)  The Economic and Finance Committee as constituted immediately before the commencement of this Act continues in existence as the Public Accounts Committee for the purposes of the principal Act.

           (2)   The first members of the Public Works Committee and of the Statutory Authorities Review Committee must be appointed under the principal Act as soon as practicable after the commencement of this Act.’

     No. 8 Schedule, page 8, after line 9 - Insert paragraph as follows:-

           ‘(aa) by striking out from the schedule “Economic and Finance Committee” twice occurring and substituting in each case, “Public Accounts Committee”;’

 

Schedule of the Reason for Disagreeing with the Foregoing Amendments

 

           Because the functions of the Committee are wider than considering public accounts.

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

        Ordered - That the Message be taken into consideration forthwith.

 

                                In Committee

     Resolved - That the amendments be not insisted on.

                                ___________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Message referred to it and had resolved not to insist on the amendments.

 

     Limitation of Actions (Recovery of Taxes and Substantive Law)

        Amendment Bill                                       Message No. 38

     MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Limitation of Actions (Recovery of Taxes and Substantive Law) Amendment Bill, for the reason indicated in the annexed Schedule.  The Legislative Council returns the Bill herewith and desires its reconsideration.

     Legislative Council, 4 May 1994                   H.P.K. Dunn, PRESIDENT

 

Schedule of the amendments made by the House of Assembly and disagreed to

                         by the Legislative Council

     No. 1    Clause 4, page 2, line 8 - Leave out "twelve" and insert "six".

     No. 2    Clause 4, page 2, lines 12 - Leave out "eight" and insert "two".

 

    Schedule of the Reason for Disagreeing with the Foregoing Amendments

 

     Because the limitation period should remain at twelve months as a matter of fairness.

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

                                In Committee

     Resolved - That the amendments be insisted on.

                                 __________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee has considered the Message referred to it and had resolved to insist on the amendments.


     Passenger Transport Bill                                Message No. 39

     MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Passenger Transport Bill, for the reason indicated in the annexed Schedule.  The Legislative Council returns the Bill herewith and desires its reconsideration.

     Legislative Council, 4 May 1994                   H.K.P. Dunn, PRESIDENT

 

Schedule of the amendments made by the House of Assembly

and disagreed to by the Legislative Council

     No. 1 Clause 4, page 3, lines 25 to 27 - Leave out the definitions of “relative” and “relevant interest”.

     No. 2 Clause 4, page 4, lines 1 and 2 - Leave out the definition of “spouse”.

     No. 3 Clause 4, page 4, lines 20 to 33 - Leave out subclause (3).

     No. 4 Clause 7, page 6, lines 20 to 31 and page 7, lines 1 and 2 - Leave out subclauses (4), (5) and (6).

     No. 5 Clause 8, page 7, line 5 - Leave out “five” and substitute “three”.

     No. 6 Clause 11, page 9, lines 1 to 3 - Leave out subclause (7).

     No. 7 Clause 13, page 10, lines 3 to 26 - Leave out the clause.

     No. 8 Clause 15, page 11, lines 5 and 6 - Leave out subclause (2) and substitute -

           “(2)  No business may be transacted at a meeting of the Board unless all members are present (subject to the qualification that this requirement does not apply if a member has been required to withdraw because of a personal or pecuniary interest in a matter under consideration by the Board).”

     No. 9 Clause 15, page 11, line 7 - Leave out “carried by a majority of votes cast by” and substitute “supported by at least two”.

     No. 10   Clause 15, page 11, lines 10 and 11 - Leave out all words in these lines after “decision” in line 10.

     No. 11   Clause 15, page 11, line 15 - Leave out “three” and substitute “two”.

     No. 12   Clause 19, page 12, line 33 and page 13, line 1 - Leave out paragraph (b).

     No. 13   Clause 21, page 15, lines 12 to 28 - Leave out the clause.

     No. 14   Clause 22, page 17, lines 8 to 19 - Leave out subclause (7).

     No. 15   Clause 25, page 18, lines 17 to 31 and page 19, lines 1 to 21 - Leave out subclauses (1) to (6) and substitute -

           “(1)  The Board -

                 (a)     must establish the committees the Minister may require; and

                 (b)     may establish other committees the Board considers appropriate,

           to advise the Board on any aspect of its functions, or to assist the Board in the performance of its functions or in the exercise of its powers.

           (2)   A committee may, but need not, consist of, or include, members of the Board.”

     No. 16   Clause 39, page 33, line 11 - Leave out “principles” and substitute “principle”.

     No. 17   Clause 39, page 33, line 11 - After “Part” insert “, namely”.

     No. 18   Clause 39, page 33, lines 16 to 22 - Leave out subparagraph (ii).

     No. 19   Clause 40, page 35, lines 6 to 8 - Leave out subclause (8).

     No. 20   Clause 47, page 39, lines 23 to 30 - Leave out subclauses (9), (10) and (11).

     No. 21   Clause 65, page 52, lines 17 to 27 - Leave out the clause.

     No. 22   Schedule 2, clause 1, page 56, lines 8 to 10 - Leave out subclauses (5) and (6).

     No. 23   Schedule 2, clause 1, page 56, lines 11 to 23 - Leave out subclauses (7), (8) and (9).

     No. 24   Schedule 3, page 60, lines 1 to 24 - Leave out the schedule.

     No. 25   Schedule 4, clause 3, page 63, line 6 - Leave out “Subject to this clause, the” and substitute “The”.

     No. 26   Schedule 4, clause 3, page 64, lines 1 to 3 - Leave out subclause (8).

 

Schedule of the Reason for Disagreeing with the Foregoing Amendments

 

           Because the amendments are unacceptable.

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

 

     Ordered - That the Message be taken into consideration forthwith.

 

                                In Committee

     Resolved - That the amendments be insisted on.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Message referred to it and had resolved to insist on the amendments.

 

     Adelaide to Darwin Railway - Motion for Joint Committee       Message No. 40

     MR SPEAKER - The Legislative Council informs the House of Assembly that it has passed the Resolution transmitted herewith, and desires the concurrence of the House of Assembly thereto.

 

                           Resolution referred to

 

     I  That recognising that the completion of the Adelaide to Darwin railway line is of prime importance to the prosperity of South Australia and the Northern Territory and that its completion enjoys the support of all political parties - Liberal, Labor and Democrat, the South Australian Parliament -

        (a)   supports the setting up of a joint South Australian/Northern Territory Parliamentary Committee to promote all steps necessary to have the line completed as expeditiously as possible.

        (b)   supports the setting up of a South Australian Government team comprising representatives of the Economic Development Authority, the Department of Mines and Energy, the Transport Policy Unit and the Marine and Harbors Agency to prepare a detailed submission for presentation to the Wran Committee on the costs/benefits of the rail link and to co-ordinate a strategy that enables the State to maximise the benefits which will flow from the railway, while minimising any potential repercussion to the Port of Adelaide.

        (c)   supports the initiative taken by the Premier to invite the Chief Minister of the Northern Territory to participate in a joint South Australian/Northern Territory team of officials responsible for the preparation of funding proposals to the Commonwealth Government and the identification of potential private sector investment in the project.

        (d)   calls on the State Government to allow the Joint Parliamentary Committee in (a) above to draw on advice as required from officials in the teams mentioned in (b) and (c) above.

     II This Council respectfully requests the House of Assembly to support these measures and that the Presiding Officers approach the Presiding Officer of the Northern Territory Parliament with the aim of establishing the joint multi-party Committee and to arrange a Secretariat to the Committee.

     Legislative Council, 4 May 1994                   H.P.K. Dunn, PRESIDENT

 

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

 

     Passenger Transport Bill                                Message No. 41

     MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Passenger Transport Bill.  In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

     Legislative Council, 4 May 1994                   H.P.K. Dunn, PRESIDENT

 

     Ordered - That the Message be taken into consideration forthwith.

 

    


     The Deputy Premier moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and place for holding it be the House of Assembly Conference Room at 12.15 p.m. tomorrow and that Messrs Atkinson, Brokenshire, Caudell, Foley and the Minister for Infrastructure (Hon. J.W. Olsen) be the Managers on the part of this House.

     Question put and passed.

 

     Passenger Transport Bill                                Message No. 42

     MR SPEAKER - In reply to Message No. 53 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference.

     Legislative Council, 4 May 1994                   H.P.K. Dunn, PRESIDENT

 

28   Adjournment

     House adjourned at 11.56 p.m. until tomorrow at 10.30 a.m.

 

                                ____________

 

 

                       MOTIONS WHICH NOTICE WAS GIVEN

 

 

     For Thursday 5 May 1994

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

 

     Mr Leggett to move - That the Fourth (Interim) Report of the Social Development Committee on Rural Poverty in South Australia, be noted.

 

     Mr Cummins to move - That the Regulations under the Local Government Act 1934 relating to the Superannuation Scheme, made on 20 January 1994 and laid on the Table of this House on 10 March 1994, be disallowed.

                                ____________

 

 

     Present during the day - All Members except Mrs Hall.

 

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

 

     Division No. 1

        Ayes - Mrs Hall.

        Noes - Hon. L.M.F. Arnold.

 

     Division No. 2

        Ayes - Mrs Hall.

        Noes - Hon. L.M.F. Arnold.

 

 

 

                                                            G.M. Gunn

                                                            SPEAKER

 

G.D. Mitchell

CLERK