No 24

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 13 AUGUST 2002

 

 

1       Meeting of House

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

 

2       Messages from the Governor

The following Messages from the Governor were received and read:

 

Assent to Bills                                                                                         Message No 6

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 second Session of the 50th Parliament, viz.- 

No. 2 of 2002 -   An Act to amend the Liquor Licensing Act 1997

No. 3 of 2002 -   An Act to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994

No. 4 of 2002 -   An Act to repeal the Seeds Act

No. 5 of 2002 -   An Act to amend the Gaming Machines Act 1992

No. 6 of 2002 -   An Act to facilitate the Child Protection Review by conferring powers and immunities

No. 7 of 2002 – An Act to amend the Education Act 1972

No. 8 of 2002 -   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.

Government House, 13 August 2002                                   M Jackson-Nelson, GOVERNOR

 

Statutes Amendment (Stamp Duties and Other Measures) Bill - Recommending                                                                                                                                   Message No 7

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Statutes Amendment (Stamp Duties and Other Measures) Bill 2002.

Government House, 13 August 2002                                   M Jackson-Nelson, GOVERNOR

 

Statutes Amendment (Corporations – Financial Services Reform) Bill - Recommending                                                                                                                       Message No 8

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Statutes Amendment (Corporations – Financial Services Reform) Bill 2002.

Government House, 13 August 2002                                   M Jackson-Nelson, GOVERNOR

 

3       Petitions Nos 21 to 24

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

 

21   The Attorney-General (Hon M J Atkinson), from 160 residents of South Australia, requesting that the House pass legislation providing for the prosecution of child sexual abuse offences committed before 1982.

 

22   The Minister for Environment and Conservation (Hon J D Hill), from 134 residents of South Australia, requesting that the House support wind-mill power generation at Sellicks Hill.

 

23   The Deputy Leader of the Opposition (Hon D C Brown), from 6 residents of South Australia, requesting that the House oppose the construction of wind-farms at Sellicks Hill and relocate them where they will not spoil the natural beauty of the area.

 

24   Mrs Geraghty, from 37 981 electors of South Australia, requesting that the House introduce a minimum penalty for causing death by dangerous driving and introduce grid sentencing or ensure that judges make sentencing guidelines for this offence public.

 

4       Speaker's Statement – Reflection on the Chair by the Leader of the Opposition

The Speaker made a statement regarding reflections on him by the Leader of the Opposition (Hon R G Kerin).

 

         Member named

The Speaker named the Leader of the Opposition for reflecting on the Speaker.

 

Member's explanation

The Honourable Member having made an explanation:

Hon D C Brown moved - That the explanation be accepted.

Debate ensued.

 

         Question put.

         House divided (No 1):

 

           Ayes, 19

 

           Noes, 19

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown (Teller)

Mr Caica

Hon M R Buckby

Hon K O Foley (Teller)

Ms Chapman

Mrs Geraghty

Hon I F Evans

Mr Hanna

Mrs Hall

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Ms Maywald

Mr O'Brien

Mr McEwen

Hon M D Rann

Dr McFetridge

Mr Rau

Mr Meier

Mr Snelling

Mrs Redmond

Hon L Stevens

Mr Scalzi

Ms Thompson

Hon R B Such

Hon J W Weatherill

Mr Venning

Hon P L White

Mr Williams

Hon M J Wright

 

         Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes.

 

So it was passed in the negative.

 

Member suspended

The Deputy Premier (Hon K O Foley) moved - That the Leader of the Opposition be suspended from the service of the House.


 

Question put.

         House divided (No 2):

 


                       Ayes, 19

 

Ms Bedford

Ms Breuer

Mr Caica

Hon K O Foley (Teller)

Mrs Geraghty

Mr Hanna

Hon J D Hill

Hon S W Key

Mr Koutsantonis

Hon J D Lomax-Smith

Mr O'Brien

Hon M D Rann

Mr Rau

Mr Snelling

Hon L Stevens

Ms Thompson

Hon J W Weatherill

Hon P L White

Hon M J Wright

 


        Noes, 19

 

Mr Brindal

Mr Brokenshire

Hon D C Brown (Teller)

Hon M R Buckby

Ms Chapman

Hon I F Evans

Mrs Hall

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Dr McFetridge

Mr Meier

Mrs Redmond

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

 


 

         Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Ayes.

 

So it was resolved in the affirmative.

 

The Leader of the Opposition then withdrew from the Chamber.

 

5       Answers to questions

An answer to a questions on the Notice Paper and questions without notice were tabled by the Speaker.

 

6       Papers

         The following Papers were tabled:

 

By the Speaker –

      Auditor General – Port Adelaide Waterfront Redevelopment: Misdirection of Bid Documents – Interim Report

      Ordered to be published (Paper No 4A)

 

               Register of Member’s Interests – Registrar’s Statement - Primary Returns, July 2002

               Ordered to be published (Paper No 133)

 

By the Premier (Hon M D Rann) –

      Capital City Committee, Review of the Collaborative Arrangements - Report

 

By the Minister for the Arts (Hon M D Rann) –

      Australian Children’s Performing Arts Company Charter

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Acts -

                  Hindmarsh Island Bridge – Exemptions

                  Lottery and Gaming – Mobile Phone Entries

                  Public Corporations – Liabilities Management


 

By the Attorney-General (Hon M J Atkinson) –

      Agreement between the Commissioner of Police and the Police Complaints Authority – Breaches of the Code of Conduct

 

      Regulations under the following Acts -

                  Juries – Remuneration Scale

                  Subordinate Legislation - Publication

 

      Rules of Court –

                  District Court – District Court Act – Master’s Assessment of Damages

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Acts –

                  Building Work Contractors – Exemptions

                  Land and Business (Sale and Conveyancing) – Forms, Inquiries

 

By the Minister for Health (Hon L Stevens) –

      MRI contract between Phillips and North Western Adelaide Health Service, letter from Crown Solicitor to Strategic Procurement Unit, Department of Human Services

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Border Groundwaters Agreement Review Committee – Report to 30 June 2000

      South Australian Victoria Border Groundwaters Agreement Review Committee – Report to June 2001

      Lake Frome and Strzelecki Regional Reserves, Review 1991 – 2001

 

      Regulations under the following Act –

            Environment Protection – Waste Depots

 

By the Minister for the River Murray (Hon J D Hill) –

      Regulations under the following Act –

                  Ground Water (Qualco-Sunlands) Control - Costs

 

By the Minister for Transport (Hon M J Wright) –

      Port Operating Agreement for Ardrossan between Minister for Transport and Ausbulk Limited

 

      Regulations under the following Acts –

                  Harbors and Navigation – Speed Limits

                  Road Traffic – Ancillary and Miscellaneous

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Citrus Board of South Australia, Report for year ending 30 April 2001.

 

By the Minister for Administrative Services (Hon J W Weatherill) –

      Regulations under the following Act -

                                    Freedom of Information – Dr George Duncan.

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 18 be postponed and taken into consideration after Order of the Day: Government Business No 19.


 

10      Essential Services Commission 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 Ms Chapman, that the debate be further adjourned and resumed on motion.

 

11      Appropriation Bill – Estimates Committees A and B – Reports and Minutes of Proceedings

Order of the Day read for the bringing up the Reports of Estimates Committees A and B.

Hon R B Such brought up the Report of Estimates Committee A.

Ordered – That the Report be received.

Hon R B Such brought up the Minutes of Proceedings of Estimates Committee A.

Ordered – That the Minutes of Proceedings be incorporated in the Votes and Proceedings.

Ms Thompson brought up the Report of Estimates Committee B.

Ordered – That the Report be received.

Ms Thompson brought up the Minutes of Proceedings of Estimates Committee B.

Ordered – That the Minutes of Proceedings be incorporated in the Votes and Proceedings.

 

The Minister for Education and Children’s Services moved – That the proposed expenditures referred to Estimates Committees A and B be agreed to.

Debate ensued.

         Question put and passed.

 

The Minister then moved – That the remainder of the Bill be agreed to.

Question put and passed.

 

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

         Question put and passed.

Bill read a third time and passed.

 

12      Extension of time for adjournment

Ordered, on motion of the Minister for Government Enterprises (Hon P F Conlon) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

13      Essential Services Commission Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

        

         Bill of Special Importance – Motion re

The Minister for Government Enterprises, by leave, moved - That pursuant to Section 28A of the Constitution Act 1934, this Bill be declared a Bill of Special Importance.

Question put and passed.

 

 

In Committee

                                                Clauses Nos 1 to 27 agreed to.

 

____________

 

         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 on motion.

 

14      Suspension of Standing Orders

The Minister for Government Enterprises, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

Question put and there not being present an absolute majority of the whole number of Members of the House the motion lapsed.

 

15      Adjournment

House adjourned at 12.00 midnight until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 14 August 2002

 

Notices of Motion: Government Business

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935.

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to provide for limitation of liability of providers of recreational services; and for other purposes.

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend the Wrongs Act 1936.

 

The Minister for Industrial Relations to move – That he have leave to introduce a Bill for an Act to amend the Shop Trading Hours Act 1977 and to make a related amendment to the Retail and Commercial Leases Act 1995.

 

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

 

Mrs Hall to move – That this House establish a Select Committee to –

(a)  assess and report on the factors that have impeded progress in providing employment and investment opportunities that benefit the traditional owners of Wardang Island;

(b)  support the Aboriginal communities in resolving ownership and native title claims within agreed timeframes; and

(c)  work in co-operation with the District Council of Yorke Peninsula to prepare an appropriate future development plan to allow Wardang Island to become a unique eco-tourism destination for South Australia.

 

Mr Scalzi to move – That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988

 

 

            For Thursday 15 August 2002

 

Notices of Motion: Other Motions

 

Hon D C Kotz to move – That this House congratulates the outstanding achievements of the Australian athletes, whose participation in this year’s Commonwealth Games in Manchester exceeded all expectations, winning a record number of medals in this world class event and in particular, acknowledge our ‘Home Town’ South Australian athletes and recognising their talents and skills which has made all South Australian’s proud.

 

Ms Thompson to move – That this House recognises the contribution made by Jan Ruff-O’Herne to international human rights and in particular, her advocacy for the protection of women during times of war and conflict.

 

Hon D C Kotz to move – That this House congratulates the Soccer Federation on the tremendous success of the Festival Cup held at Hindmarsh Stadium and acknowledges the efforts of the organisers, sponsors and supporters and in particular, the under 20 year old participants from Australia and countries across the world, who contributed to the success of this inaugural soccer festival.

 

____________

 

 

Present during the day - All Members except Mr Goldsworthy and Mrs Penfold.

 

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

 

         Division No 1 -

               Ayes -Mr Goldsworthy, Hon G M Gunn, Mr Hamilton-Smith, Mrs Penfold.

               Noes -Hon M J Atkinson, Ms Ciccarello, Hon P F Conlon, Ms Rankine.

 

         Division No 2 -

               Ayes - Hon M J Atkinson, Ms Ciccarello, Hon P F Conlon, Ms Rankine.

               Noes - Mr Goldsworthy, Hon G M Gunn, Mr Hamilton-Smith, Mrs Penfold.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY