No 24

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 4 JUNE 1998

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and read prayers.

 

2       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3 be Notices of Motion for Thursday 2 July.

 

3       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 4 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 8.

 

4       Postponement of business

Ordered - separately - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 5 to 8 be Notices of Motion for Thursday 2 July.

 

5       Public Works Committee – Report – Mount Gambier Police Complex - Motion to note

Mr Lewis, pursuant to notice, moved – That the Sixty-Eighth Report of the Public Works Committee on the Mount Gambier Police Complex be noted.

Ordered, on motion of Ms Stevens, that the debate be adjourned until Thursday 2 July.

 

6       Ombudsman (Private or Corporatised Community Service Providers) 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 Mr Meier, that the debate be further adjourned until Thursday 2 July.

 

7       Postponement of business

Ordered - separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 2 and 3 be Orders of the Day for Thursday 2 July.


8       Public Works Committee – Interim Report – Hindmarsh Soccer Stadium Upgrade – Stage 2 - Motion to note

Order of the Day read for the adjourned motion of Mr Lewis - That the Sixty-Seventh Report of the Public Works Committee on the Hindmarsh Soccer Stadium – Stage 2 be noted.

Motion resumed.

Ordered, on motion of Ms Thompson, that the debate be adjourned until Thursday 2 July.

 

9       Education (Government School Closures and Amalgamations) 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.

Ms Bedford moved - That the debate be further adjourned.

 

         Division, only one Aye

Question put and the House proceeded to a division; but only one Member appearing on the side of the Ayes, the Speaker declared the Noes had it.

         So it passed in the negative.

 

         Debate resumed.

Ordered, on motion of the Minister for Local Government (Hon M K Brindal), by leave, that the debate be further adjourned until Thursday 2 July.

____________

 

It being 12.00 noon, Notices of Motion: Other Motions were called on by the Clerk.

____________

 

10      Federal Child Care Budget Cuts - Motion re

Ms White having, by leave, amended the motion of which notice was given, moved - That this House –

     (a)   condemns the Federal Government for cutting $1 billion from child care after three budgets;

     (b)   notes that this has forced an increase in fees for child care, closure of fourteen South Australian child care centres, the loss of an estimated 200 child care workers and has threatened the viability of many other child care services;

     (c)   expresses concern that as a result of the cuts, child care is no longer affordable for many families, that working parents have been disadvantaged and in some cases have to forego employment and study; and

     (d)   calls on the Federal Government to reinstate adequate funding to child care in South Australia.

Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Thursday 2 July.

 

11      Statutory Marketing Authorities Review - Motion re

Ms Hurley, pursuant to notice, moved - That this House calls upon the Government to appoint industry representatives to all reviews of Statutory Marketing Authorities, or other reviews where such representation is appropriate, that are conducted by the Government under the National Competition Policy.

Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Thursday 2 July.

 

12      Primary Production in Mount Lofty Catchment - Motion re

Hon D C Wotton, pursuant to notice, proceeding to move - That this House calls on the Government to give urgent consideration to the need for incentives to be provided which will encourage the retention of land for primary production in the Mt Lofty catchment recognising the importance and the fragility of the catchment in providing an essential source of water for Metropolitan Adelaide and in particular calls on the Government to introduce as policy the waiving of costs associated with the amalgamation of titles within the catchment as one such important incentive.

____________

 

It being 12.30 pm, Orders of the Day: Other Motions were called on by the Clerk.

____________

 

13      Postponement of business

Ordered - That Orders of the Day: Other Motions be postponed and taken into consideration after Notices of Motion: Other Motions are disposed of.

 

14      Primary Production in Mount Lofty Catchment - Motion re

Motion (interrupted by the foregoing) resumed.

Ordered, on motion of Mr Hill, that the debate be adjourned until Thursday 9 July.

 

15      ABC – Digital Transmission - Motion re

Hon R B Such, pursuant to notice, moved - That this House calls on the Federal Government to provide the necessary resources to enable the ABC to adequately prepare for and introduce digital transmission of services to both city and country areas.

Ordered, on motion of Ms Key, that the debate be adjourned until Thursday 9 July.

 

16      Federal Funding Changes - Motion re

Order of the Day read for the adjourned debate on the motion of Ms Stevens - That this House condemns the Federal Government for its harsh and unconscionable treatment of older Australians through:

(a)  changes to the Pharmaceutical Benefits Scheme that will make vital medicines more

     expensive;

(b)  changes to aged care arrangements resulting in a $12 fee per day for accommodation and increased daily fees for nursing home residents and an increase of $5.50 per week in fees for hostel residents;

(c)  scrapping the Commonwealth Dental Scheme;

(d)  introduction of a user pays component for recipients of services from the Home and Community Care Programme.

Debate resumed.

Ordered, on motion of Mr Hamilton-Smith, that the debate be further adjourned until Thursday 2 July.

 

17      Postponement of business

Ordered - That Order of the Day: Other Motions No 2 be an Order of the Day for Thursday 2 July.

 

18      Royal Park Waste Facility Application - Motion re

Order of the Day read for the adjourned motion of Mr Wright - That this House calls on the Government to oppose the application by a private company to establish a waste transfer and re-cycling facility on the corner of Old Port Road and Tapleys Hill Road, Royal Park because:

(a)  the development would be inappropriately located in close proximity to a large number of homes;

(b)  the proposed development would have a huge negative and undesirable impact on the quality of life of the residents who live in this area;

(c)  the development would cause a drastic reduction to the value of peoples’ homes;

(d)  an industry of this type would cause significant problems for other nearby commercial operations.

Motion resumed.

Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Thursday 2 July.

 

19      Postponement of business

Ordered - That Order of the Day: Other Motions No 4 be an Order of the Day for Thursday 2 July.

 

20      Citizenship Fee - Motion re        

Order of the Day read for the adjourned debate on the motion of Mr Scalzi - That this House urge the Federal Government to waive the citizenship fee, as an act of goodwill, for people who have resided in Australia for twenty or more years in order that they may fully participate as Australians in the Centenary of Federation celebration in 2001.

Debate resumed.

Mr Wright moved to amend the motion by leaving out all the words after the word “fee” and inserting in lieu thereof the words, “in order that all eligible residents may fully participate as Australian citizens”.

Debate continued.

____________

 

It being 1.00 pm, the debate was adjourned (Mr Wright) and made an Order of the Day for Thursday 2 July.

____________

 

21      Paper

The following Paper was tabled:

         

          By the Minister for Environment and Heritage (Hon D C Kotz) -

     River Murray Catchment Water Management Board - Initial Water Management Catchment Plan.

 

22      Privilege – Matter raised

Hon M D Rann raised as a matter of privilege, the possible misleading of the House by the Premier in relation to the proposed sale of ETSA and Optima.

The Speaker advised that he would consider the matter and report to the House.

 

23      Questions

Questions without notice were asked.

 

24      Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

25      Privilege – Matter raised

Mr Atkinson raised as a matter of privilege, the possible misuse by the Premier of information from the Register of Member’s Interests of the House in relation to the proposed sale of ETSA and Optima.

The Speaker advised that in the absence of supporting material to substantiate the allegations he was unable to investigate the matter.


26      Next day of sitting

The Deputy Premier (Hon G A Ingerson) moved - That the House at its rising adjourn until Tuesday 30 June at 2.00 pm.

 

27      Emergency Services Funding Bill

The Minister for Police, Correctional Services and Emergency Services (Hon I F Evans), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to impose a levy for the provision of emergency services; to establish the Community Emergency Services Fund; to amend the Country Fires Act 1989, the South Australian Metropolitan Fire Service Act 1936 and the Valuation of Land Act 1971; and for other purposes.

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 Conlon, that the debate be adjourned until Tuesday 30 June.

 

28      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable Mr Hamilton-Smith to move a motion without notice.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

River Murray Catchment Water Management Board, Initial Management Plan - Motion for

disallowance

Mr Hamilton-Smith, pursuant to order, moved – That the levy proposal forming part of the River Murray Catchment Water Management Board, Initial Catchment Water Management Plan 1998, laid on the Table of this House on 4 June 1998, be disallowed.

Debate ensued.

Question put.

House divided (No 1)

 


     Ayes, 19

 

Mr Atkinson

Ms Breuer

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr Wright

Mr Hill (Teller)


       Noes, 21

 

Hon M K Brindal

Mr Brokenshire

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Hon D C Wotton

Hon D C Kotz (Teller)


    

So it passed in the negative.

 

 

29      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable a motion to be moved without notice.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

         Public Works Committee Interim Report on the Hindmarsh Soccer Stadium Upgrade –

         Stage 2 - Motion to remit

The Deputy Premier, pursuant to order, moved – That this House remits the Interim Report of the Public Works Committee on the Hindmarsh Soccer Stadium Upgrade – Stage 2 to the Committee and instructs it to present a final report to the Speaker by 16 June 1998.

     Debate ensued.

Mr Lewis moved to amend the motion by inserting after “16 June 1998” the words, "and this House directs the Government to not proceed with any further development of the Hindmarsh Stadium site on land belonging to the City of Charles Sturt and leased from that Council by Soccer SA, until and unless -

 

(a) a business plan shows it will be financially viable with the majority of the income from the hire of the Stadium and the sale of tickets remaining in South Australia,

 

(b)  all the land is owned by, or secured by a caveat in favour, of the State of South Australia;

 

(c)  adequate off-street carparking is provided separate from and in addition to existing carparking for the Entertainment Centre;

 

(d)  the Belarusian Church is relocated at no cost to itself to an equivalent consecrated site; and

 

(e)  a Trust is established of representatives of all major South Australian users of the Stadium facility, and chaired by a representative of the South Australian Government to manage its use until it has generated a gross revenue in excess of $60 million; and that the Auditor-General be invited to advise the Public Works Committee on this project given the findings of his most recent report.

 

Debate resumed.

 

30      Extension of sitting

The Deputy Premier moved - That the sitting of the House be extended beyond 6.00pm.

Question put and passed.

 

31      Public Works Committee Interim Report on the Hindmarsh Soccer Stadium Upgrade –

         Stage 2 - Motion to remit

Debate (interrupted by the foregoing motion) resumed.

 

Limitation of debate

The Deputy Premier moved – That the time allotted for this debate be until 6.30 pm.

Question put.


House divided (No 2)

 


       Ayes, 22

 

Hon M K Brindal

Mr Brokenshire

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon G A Ingerson (Teller)


       Noes, 18

 

Mr Atkinson

Ms Bedford

Mr Clarke

Mr Conlon

Mr De Laine

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Foley (Teller)


 

So it was resolved in the affirmative.

    

Debate (interrupted by the foregoing motion) resumed.

 

Question – That the amendment be agreed to – put.

House divided (No 3):

 


       Ayes, 19

 

Mr Atkinson

Ms Bedford

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Lewis (Teller)


       Noes, 21

 

Hon M K Brindal

Mr Brokenshire

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon G A Ingerson (Teller)


 

So it passed in the negative.

Question – That the motion be agreed to - put and passed.


 

32      Messages from the Legislative Council

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

 

National Electricity (South Australia) (Commencement)

Amendment Bill                                                                                      Message No 75

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the National Electricity (South Australia) Act 1996, to which it desires the concurrence of the House of Assembly.

Legislative Council, 3 June 1998                                                     J C Irwin, PRESIDENT

 

Bill read a first time.

 

Suspension of Standing Orders

Minister for Education, Children’s Services and Training (Hon M R Buckby), without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

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

Debate ensued.

Question put and passed.

Bill read a second time.

 

                                                     In Committee

                                       Clause Nos 1 to 3 agreed to.      

                                       Title agreed to.

                                                     ____________

 

The House having resumed:

Hon D C Wotton 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.

 

Non- Metropolitan Railways (Transfer) (Building and Development Work)

Amendment Bill                                                                                      Message No 76

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Non-Metropolitan Railways (Transfer) Act 1997, to which it desires the concurrence of the House of Assembly.

Legislative Council, 4 June 1998                                                     J C Irwin, PRESIDENT

 

Bill read a first time.

Ordered – That the second reading be an Order of the Day for Tuesday 30 June.

 

33      Sea-Carriage Documents 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 4 agreed to.

                                       Clause No 5 read.

 

To report progress and ask leave to sit again.

                                                     ____________

 

The House having resumed:

Hon D C Wotton 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.

 

34      Privilege – Speaker’s Statement

The Speaker made the following statement:

Earlier this afternoon the Leader of the Opposition rose on a matter of privilege alleging that the Premier may have misled the House.

In giving a ruling on a privilege matter I am constrained to the quotations in the Hansard attributed to the Premier and delivered to me by the Leader of the Opposition. It is not my role to carry out an investigation into any other supporting documentation.

There is nothing in those quotations which leads me to conclude the notion that the Premier deliberately misled the House as required to set up a privileges committee and as a consequence I rule that I am unable to give precedence to a motion to establish a privileges committee.

 

35      Message from the Legislative Council

The following Message from the Legislative Council was received and read:

 

Valuation of Land (Miscellaneous) Amendment Bill                                           Message No 77

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Valuation of Land Act 1971 and to make consequential amendment to the Local Government Act 1934, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 4 June 1998                                                     J C Irwin, PRESIDENT

 

            Schedule of the amendments made by the Legislative Council

 

No 1     Page 1 (clause 3) – After line 21 insert the following paragraphs:

            (a1) by striking out form subsection (1) “by notice published in the Gazette” and substituting “ on recommendation made by resolution of both Houses of Parliament”;

            (a2) by inserting after subsection (1) the following subsection:

                                  (1a) on a vacancy occurring in the office of Valuer-General, the matter of inquiring into and reporting on a suitable person for appointment to the vacant offcie is referred by force of this subsection to the Statutory Officers Committee established under the Parliamentary Committees Act 1991.;

 

No 2     Page 2, lines 3 to 7 (clause 5) – Leave out all words in these after “by striking out subsection (1)’.

 

No 3     Page 2, lines 15 to 24 (clause 5) – Leave out all words in these lines:

 

No 4     Page 7, line 3 (Schedule 5) – Leave out the following item:

 

            “Section 9(4)(b)     Strike out this paragraph and substitute the following paragraphs:

                                       (b) resigns by written notice addressed to the Governor; or

                                       (c) completes a term of office and is not reappointed: or.”

 

            and substitute the following item:

 

            Section 9(4)(b)      Strike out this paragraph and substitute the following paragraph:

                                       (b) resigns by written notice addressed to the Governor; or.

 

                                                     J M Davis CLERK OF THE LEGILSATIVE COUNCIL

 

Ordered - That consideration of the amendments be an Order of the Day for Tuesday 30 June.

 

36      Sea-Carriage Documents Bill

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

 

                                                     In Committee

                                       Clause No 5 further considered and agreed to.

                                       Clauses Nos 6 to 11 agreed to.

                                       Schedule agreed to.

                                       Title agreed to.

                                                     ____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

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

Debate ensued.

Bill read a third time and passed.

 

37      Adjournment

House adjourned at 7.22 pm until Tuesday 30 June at 2.00 pm.

                                                     ____________

 

Present during the day - All Members.

 

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

Division No 1 -

     Ayes - Ms Bedford, Ms Ciccarello, Mr Snelling.

     Noes - Hon M H Armitage, Hon D C Brown, Hon J L Hall.

 

Division No 2 -

     Ayes - Hon M H Armitage, Hon D C Brown, Hon J L Hall.

     Noes – Ms Breuer, Ms Ciccarello, Mr Snelling.

 

Division No 3 -

     Ayes - Ms Breuer, Ms Ciccarello, Mr Snelling.

     Noes - Hon M H Armitage, Hon D C Brown, Hon J L Hall.

 

 

                                                                           J K G Oswald

                                                                           SPEAKER

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY