No 23

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 18 JULY 2002

 

 

1       Meeting of House

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

 

2       Coast Protection Board Charter - Motion re

Hon W A Matthew, pursuant to notice, moved - That this House calls on the Government to amend the Charter of the Coast Protection Board to become one of coast preservation and further calls on the Government to replenish sand at Hallett Cove to help preserve the coastline.

         Ordered, on motion of Mr Caica, that the debate be adjourned until Thursday 15 August 2002.

 

3       Deputy Police Commissioner - McKenzie - Motion re

Mr Brokenshire, pursuant to notice, moved - That this House congratulates the recently retired Deputy Police Commissioner, Neil McKenzie, on his 43 years of diligent service to the South Australian Police and wider community and commends his efforts in supporting a safe community and safe use of roads.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Thursday 15 August 2002.

 

4       East Timor Independence - Motion re

Ms Bedford, pursuant to notice, moved - That this House congratulates the people of East Timor on successfully achieving full independence after such a long struggle, commends them as they rebuild their Nation and looks forward to receiving the Ambassador from East Timor this year.

         Debate ensued.

         Question put and passed.

 

5       Postponement of business

Ordered - That Notices of Motion: Other Motions Nos 4 to 12 be postponed and taken into consideration after Notice of Motion: Other Motions No 13.

 

6       Rural Youth Movement 50th Anniversary- Motion re

Mr Venning, pursuant to notice, moved - That this House notes the 50th anniversary of the South Australian Rural Youth Movement this week and recognises the significant contribution made by the organisation, particularly to the training and encouragement of rural leaders for half a century, and expresses its good wishes to those 800 hundred or more people who will assemble this weekend in Clare to recognise and celebrate this milestone.

         Debate ensued.

         Question put and passed.

        


 

7       Moana Surf Life Saving Club - Motion re

Mr Brokenshire, pursuant to notice, moved - That this House congratulates the Moana Surf Life Saving Club, City of Onkaparinga, the South Australian Surf Life Saving Association, the Emergency Services Fund and surf life saving volunteers on the opening of the new Moana Surf Life Saving Club as a Pilot Development of a partnership approach to provide surf life saving facilities to clubs in the future.

         Debate ensued

         Question put and passed.

        

8       Lawn Bowls Players – Commonwealth Games - Motion re

Mrs Geraghty, pursuant to notice, moved - That this House congratulates the South Australian Lawn Bowls players, Andrew Smith, Arienne Wynen and Neville Read who have been selected to represent Australia in Lawn Bowls at the 2002 Commonwealth Games

         Debate ensued.

         Question put and passed.

        

9       Postponement of business

Ordered - That Notices of Motion: Other Motions Nos 6 and 7 be postponed until Thursday 15 August 2002.

 

10      National Centre for Plant Functional Genomics - Motion re

Mr Hamilton-Smith, pursuant to notice, proceeding to move - That this House congratulates the University of Adelaide on winning its bid to establish the $35 million National Centre for Plant Functional Genomics at the Waite Campus which will lead to significant benefits for Australia’s $8 billion grains industry and provide over 100 jobs in South Australia.

 

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It being 1.00 pm, the motion was adjourned (Mr Hamilton-Smith, by leave) and made an Order of the Day for Thursday 15 August 2002.

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11      Petition No 20

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

 

20   Dr McFetridge, from 12 670 residents of South Australia, requesting that the House pass voluntary euthanasia legislation for terminally ill people.

 

12      Paper

         The following Paper was tabled:

 

By the Treasurer (Hon K O Foley) –

      South Australian Superannuation Scheme – Actuarial Report 30 June 2001.

 

13      Questions

Questions without notice were asked.

 

14      Speaker's Statement – Parliamentary Privilege

The Speaker made the following statement:

 

There is a matter of considerable importance which I think needs to be addressed in the interests of every member and the people who serve this Parliament—not just this House—and which warrants comment following the recent questions raised by Members across the chamber about parliamentary privilege. Lest anyone misunderstands me, I make it plain that my role and purpose as Speaker is to protect and uphold privilege; but I despair that a significant proportion of the public think that we, as Members of Parliament, are unworthy of it largely because of our abuse of it as they see it.

It is actually for them that parliamentary privilege exists. Open and public questioning as to the meaning of privilege in this chamber further muddies the water and restricts the use in the public interest of the privilege by those of us who have the delegated authority of the people who have elected us here. It is not only us, as Members of Parliament, who are now in jeopardy but, more particularly, those who professionally serve us, because each day papers and documents tabled are made available to the public for their inspection, for their photocopying, for their viewing on the Net, or anywhere else for that matter.

In consequence of the questions that have been raised about privilege, I now wonder what Members think their position, of those who serve us, really is.

In consequence, I believe that the Standing Orders Committee ought to be called together at the earliest possible opportunity to examine the questions that have been raised to enable me, on behalf of the members of this place and the people who serve this place, and the other House, to make a definitive statement as to whether an order, referred to in the Attorney‑General's remarks today, constitutes not only an order made by explicit motion of this place but also an order to be found in Standing Orders which expressly state what parliamentary privilege applies to documents and what does not. If our standing orders are not orders, then that is a matter for concern.

I urge all Members to exercise extreme care and caution in making any statement during Estimates Committees which may expose them and/or table officers of this House to any risk, until we have determined what we believe to be the ancient and quite proper privilege that should apply to the proceedings of Parliament, part of which is the documents that are tabled in the parliament during the course of its deliberations. Privilege has existed to this point, it relates to all papers and documents that have been tabled because they are considered public. I do not see any other interpretation that can be placed upon them.

 

15      Grievance debate

On motion of the Speaker, the House noted grievances.

 

16      Next day of sitting

Ordered, on motion of the Minister for Urban Development and Planning (Hon J W Weatherill) - That the House at its rising adjourn until Tuesday 13 August 2002 at 2.00 pm.

 

17      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 and 2 be postponed until Tuesday 13 August 2002.

 

18      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 3 to 20 be postponed and taken into consideration after Order of the Day: Government Business No 21.

 

19      Child Protection Review (Powers and Immunities) 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

                                                Clause No 1 agreed to.

                                                Clauses Nos 2 and 3 amended and agreed to.

                                                Clause No 4 agreed to.

                                                Clause No 5 amended and agreed to.

                                                Clause No 6 agreed to.

                                                Schedule agreed to.

                                                Title agreed to.

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

20      Postponement of business

Ordered - That Order of the Day: Government Business No 3 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

21      Seeds Act Repeal 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.

 

22      Agricultural and Veterinary Chemicals (South Australia)(Administrative Actions) 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.

 

         Proceeded, by leave, to the third reading.

         Bill read a third time and passed.

 

23      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 5 to 29 be postponed until Tuesday 13 August 2002.

 

24      Education (Compulsory Education Age) Amendment Bill

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

 

In Committee

 

         Resolved - That the amendment be agreed to.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

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25      Messages from the Legislative Council

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

 

         Estimate Committees – Attendance of Ministers                                     Message No 17

MR SPEAKER - The Legislative Council has given leave to the Minister for Agriculture, Food and Fisheries (Hon P Holloway) and Minister for Aboriginal Affairs and Reconciliation (Hon T G Roberts) to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

Legislative Council, 17 July 2002                                         R R Roberts, PRESIDENT

 

         National Wine Centre (Restructuring and Leasing Arrangements) Bill   Message No 18

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to make provision for the restructuring of the National Wine Centre, the leasing of Centre land  and other dealings with assets and liabilities of the Centre; to repeal the National Wine Centre Act 1997; and for other purposes; without any amendment.

         Legislative Council, 18 July 2002                                                    R R Roberts, PRESIDENT

 

26      Answers to questions

An answers to a question without notice was tabled by the Deputy Speaker.

 

27      Suspension and resumption of sitting

         At 5.59 pm the sitting of the House was suspended.

         At 8.37 pm the Speaker resumed the Chair.

 

28      Messages from the Legislative Council

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

 

         Child Protection Review (Powers and Immunities) Bill                          Message No 19

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to facilitate the Child Protection Review by conferring powers and immunities, with the amendments indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 18 July 2002                                                    R R Roberts, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

 

Page 5, line 8 (clause 5) - After “other than this Act” insert:

      “or contrary to a direction of the person appointed to conduct the Review”.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendment be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

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         Gaming Machines (Limitation on Exception to Freeze) Amendment Bill             Message No 20

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Gaming Machines Act 1992, without any amendment.

         Legislative Council, 18 July 2002                                                    R R Roberts, PRESIDENT


 

29      Adjournment

House adjourned at 8.44 pm until Tuesday 13 August 2002 at 2.00 pm.

 

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Present during the day - All Members except Hon D C Brown, Hon P F Conlon, Hon J D Lomax-Smith, Hon L Stevens and Hon P L White.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY