No. 27

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

                                                                                                                        

 

                                                                       WEDNESDAY 11 NOVEMBER 1992

 

 

 1       Meeting of House

          The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

             Chair and read prayers.

 

 2       Petitions Nos 93 to 95

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

 

          93  Hon. H. Allison, from 135 residents of South Australia, requesting that the House insist that a poll be taken of all South East rock lobster fishermen to determine the outcome of a meeting held on 22 September 1992.

 

          94  Mr Hamilton, from 65 residents of South Australia, requesting that the House urge the                        Government to reduce waiting lists at The Queen Elizabeth Hospital.

 

          95  Hon. D.C. Wotton, from 39 residents of South Australia, requesting that the House                             urge the Government not to introduce Eastern Standard Time.

 

 3       Answer to a question

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

 

 4       Legislative Review Committee - Report

          Mr McKee brought up the Twenty First Report of the Legislative Review Committee.

          Report received.

 

 5       Legislative Review Committee - Minutes of Evidence

          Mr McKee brought up the Minutes of Evidence given before the Legislative Review                                 Committee on the Courts Administration Bill.

          Minutes received.

 

 6       Questions

          Questions without notice were asked.

 

 7       Grievances

          The Speaker proposed that the House note grievances.

          Debate ensued.

          Question put and passed.

 

 8       Postponement of business

          Ordered - severally - That Orders of the Day (Private Members Bills) Nos 1 and 2 be                  Orders of the Day for Wednedsay next.

 

 

 9       Postponement of business

          Ordered - separately - That Notices of Motion (Committees/Regulations) Nos 1 to 7 be                             Notices of Motion for Wednesday next.

 

10     Postponement of business

          Ordered - severally - That Orders of the Day (Committee/Regulations) Nos 1 to 3 be Orders                      of the Day for Wednesday next.

 

11     Report of the Select Committee on Rural Finance - Motion to note

          Order of the Day read for the consideration of the Report of the Select Committee on                                 Rural Finance.

          Mr Ferguson moved - That the Report be noted.

          Debate ensued.

          Ordered, on motion of Mrs Hutchison, that the debate be adjourned until Wednesday next.

 

12     Suspension of Standing and Sessional Orders

          Hon. J.P. Trainer, without notice, moved - That Standing and Sessional Orders be so far suspended as to enable Orders of the Day (Other Motions) to be considered after Notices of Motion (Other Motions) are disposed of.

          Question put and passed, without a negative voice, there being present an absolute

             majority of the whole number of Members of the House.

 

13     James Brown Memorial Trust - Motion re

          Mr S.G. Evans, pursuant to notice, moved - That this House congratulates the James Brown Memorial Trust for its 100 years of service to the aged and the needy in our community; notes that in its centenary year the services it provides to the community continue to grow; and offers its best wishes for the Trust's future activities.

          Debate ensued.

          Question put and passed.

 

14     Postponement of business

          Ordered - separately - That Notices of Motion (Other Motions) Nos 2 and 3 be postponed and taken into consideration after Notice of Motion (Other Motions) No. 4.

 

15     Murray/Darling System - Motion re

          Hon. D.J. Hopgood, pursuant to notice, moved - That this House notes the continuing community concern with the quality of water in the Murray/Darling system, in particular, with the volume of nutrients entering the rivers of the system from agricultural, horticultural, dairying, industrial and domestic activities as evidenced by outbreaks of blue green algae; the House therefore urges the upstream States to follow South Australia's lead in drastically reducing nutrient intake particularly from sewage and asks that South Australia's representatives on the Murray/Darling Ministerial Council draw this motion to the attention of other members of the Council.

          Ordered, on motion of Hon. D.C. Wotton, that the debate be adjourned until Wednesday                         next.

 

16     Family Services Ombudsman - Motion re

          Hon. D.C. Wotton, pursuant to notice, moved - That this House calls on the Government as a matter of urgency either to establish by statute a Family Services Ombudsman to adjudicate on and resolve disputed decisions and administrative acts by officers of the Department of Family and Community Services or to appoint a Family Services Advisory Panel to advise the current Ombudsman for the same purposes.

          Debate ensued.

          Question put.

 

 

 

          House divided (No. 1):

        Ayes, 22.                   Noes, 22.

        Hon. H. Allison

        Dr Armitage

        Hon. P.B. Arnold

        Mr D.S. Baker

        Mr S.J. Baker

        Mr Becker

        Mr Blacker

        Mr Brindal

        Hon. D.C. Brown

        Hon. J.L. Cashmore

        Hon. B.C. Eastick

        Mr S.G. Evans

        Mr Gunn

        Mr Ingerson

        Mrs Kotz

        Mr Matthew

        Mr Meier

        Mr Olsen

        Mr Oswald

        Mr Such

        Mr Venning

        Hon. D.C. Wotton (Teller)

 

Hon. L.M.F. Arnold

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Hon. M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Hon. T.R. Groom

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Mr Atkinson (Teller)

          Casting Vote

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

          So it passed in the negative.

 

17     Caring for Sick Children - Motion re

          Hon. D.C. Wotton, pursuant to notice, moved - That this House notes the report "Caring for sick children - how working mothers cope" prepared by the Children's Services Office Consultative Committee, South Australia for the National Women's Consultative Council from information gathered and subsequently analysed from a South Australian phone-in in which 445 working parents participated.

          Ordered, on motion of Mr Ferguson, that the debate be adjourned until Wednesday next.

 

18     Armistice Day - Motion re

          Mr Quirke, pursuant to notice, moved - That this House notes the sacrifice, courage and service of all those men and women from Australia who served in the Great War 1914-1918 and further, notes the special significance of Armistice Day each year for the remaining veterans from this the greatest of all conflicts to engulf Australian forces.

          Debate ensued.

          Question put and passed.

 

19     Kurralta Park Community Kindergarten - Motion re

          Order of the Day read for the adjourned debate on the motion of Mr Becker - That this House instructs the Minister of Education not to approve the recommendation by the Western Region Children's Services Office to close the Kurralta Park Community Kindergarten:

 

 

 

 

 

          Which Hon. J.P. Trainer has moved to amend by leaving out all words after "House" and inserting in lieu thereof the words "calls upon the Minister of Education, the Children's Services Office and the West Torrens Council to jointly co-operate in ensuring the continued viable operation of the Kurralta Park Community Kindergarten on its current site or on another site in the immediate vicinity".

          Debate resumed.

          Question - That the amendment be agreed to - put.

          House divided (No. 2):

              Ayes, 21.                                       Noes, 19.

        Hon. L.M.F. Arnold

        Mr Atkinson

        Hon. J.C. Bannon

        Hon. F.T. Blevins

        Hon. G.J. Crafter

        Mr De Laine

        Mr Ferguson

        Hon. R.J. Gregory

        Mr Hamilton

        Hon. T.H. Hemmings

        Mr Heron

        Mr Holloway

        Hon. D.J. Hopgood

        Mrs Hutchison

        Hon. J.H.C. Klunder

        Hon. S.M. Lenehan

        Mr McKee

        Hon. M.K. Mayes

        Mr Quirke

        Hon. M.D. Rann

        Hon. J.P. Trainer (Teller)

Hon. H. Allison

Hon. P.B. Arnold

Mr S.J. Baker

Mr Blacker

Mr Brindal

Hon. D.C. Brown

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Matthew

Mr Meier

Mr Olsen

Mr Oswald

Mr Venning

Hon. D.C. Wotton

Mr Becker (Teller)

 

          So it was resolved in the affirmative.

          Question - That the motion, as amended, be agreed to - put and passed.

 

20     Executive Salaries - Motion re

          Order of the Day read for the adjourned debate on the motion of Mr Becker - That this  House calls on the Government to peg all executive salaries and packages of Government department and statutory authority employees exceeding $150 000 per annum.

          Debate resumed.

          Mr Quirke moved to leave out all words after the word "House" and insert in lieu thereof the words "requests the Economic and Finance Committee to add to its terms of reference passed on 14 October 1992 by adding "review executive salaries and packages of Government department and statutory authority employees and consider the pegging of all packages exceeding $150 000 per annum."

          Debate continued.

          Question - That the amendment be agreed to - put and passed.

          Question - That the motion, as amended, be agreed to - put and passed.

 

 

 

 

 

 

21     Liberal Industrial Relations Policy - Motion re

          Order of the Day read for the adjourned debate on the motion of Mr Quirke - That this House notes the industrial relations policies of the Liberal Party at the Federal level and in particular, the policies of the Kennett Government in Victoria and also notes the Opposition in South Australia has promised to support similar anti worker, anti union measures aimed at undermining decent standards of living for all South Australians wage and salary earners.

          Debate resumed.

          Ordered, on motion of Hon. T.H. Hemmings, by leave, that the debate be further adjourned                      until Wednesday next.

 

22     Messages from the Legislative Council

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

         

          Construction Industry Long Service Leave (Miscellaneous)

             Amendment Bill                                                                                                      Message No. 44

          MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Construction Industry Long Service Leave Act 1987, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

          Legislative Council, 10 November 1992                                                                  G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

          No. 1 Page 2 (clause 3) - After line 2 insert new paragraph as follows:-

                        ‘(ca) by striking out from subsection (1) the definition of “electrical or metal trades work” and substituting the following definition:-

                                    “electrical or metal trades work” means on site work that involves -

                                    (a)     electrical or metal work associated with -

                                         (i) the construction or erection of a building or structure that is to be fixed to the ground and wholly or partially constructed on site;

                                                        or

                                              (ii) the alteration or demolition of any building or structure;

                                    (b)     the construction, erection, installation, extension, alteration or dismantling                                                                                              of -

                                              (i)  a transmission line, or any plant, plant facility or equipment of a major kind used in connection with the supply of electricity;

                                         (ii)      a lift or escalator;

                                                        or

                                              (iii)     any air-conditioning, ventilation or refrigeration system or equipment of a major kind;

                                                        or

                                    (c)     electrical or metal work associated with other engineering projects (whether or not within the ambit of a preceding paragraph);’.

          No. 2 Page 4, line 5 (clause 5) - Leave out “as a foreman” and insert “on site as a foreman and within 12 months before commencing work as a foreman the person worked in some other capacity as a construction worker under an award referred to in the first schedule or the regulations”.

          No. 3 Page 4, line 15 (clause 5) - Leave out “the employment” and insert “in the case of a foreman, the on site employment”.

          No. 4 Page 4, lines 23 to 26 (clause 6) - Leave out the clause.

                                              J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

        Ordered - That the Message be taken into consideration tomorrow.

 

 

 

 

 

 

        Waterworks (Residential Rating) Amendment Bill                              Message No. 45

        MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Waterworks Act 1932, without any amendment.

        Legislative Council, 11 November 1992                                        G.L. Bruce, PRESIDENT

 

23    Public Finance and Audit (Miscellaneous) Amendment Bill

        The Treasurer (Hon. F.T. Blevins), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Public Finance and Audit Act 1987 and to make related amendments to the Government Financing Authority Act 1982.

        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 S.J. Baker, that the debate be adjourned until tomorrow.

 

24    Industrial Relations (Miscellaneous Provisions) Amendment Bill

        Ordered - That the further consideration in Committee of the Industrial Relations                (Miscellaneous Provisions) Amendment Bill be now resumed.

 

                                                                   In Committee

                                          Clause No. 2 further considered.

        Mr S.G. Evans moved on page 1, line 15, to delete the word "This" and insert in lieu therefore the words "Subject to subsection (2), this" and after line 15, to insert a new subclause as follows:

          "(2) Section 9 will come into operation on 1 July 1994."

        Question put and negatived.

                                          Clause agreed to.

                                          Clause No. 3 agreed to.

                                          Clause No. 4 read.

        To report progress and ask leave to sit again.

 

                                                                                               

 

        The House having resumed:

        Mr Ferguson reported that the Committee had further 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.

 

25    Extension of time for adjournment

        The Minister of Labour Relations and Occupational Health and Safety moved - That the time                     for moving the adjournment of the House be extended beyond 10.00 p.m.

        Question put and passed.

 

26    Industrial Relations (Miscellaneous Provisions) Amendment Bill

        Ordered - That the further consideration in Committee of the Industrial Relations                (Miscellaneous Provisions) Amendment Bill be now resumed.

 

                                                                   In Committee

                               Clause No. 4 further considered, amended and agreed to.

                               Clauses Nos 5 to 11 be agreed to.

        Mr Ingerson moved on page 7, after line 5, to insert new Clause No. 11a as follows:

        11a. Repeal of s. 29a Section 29a of the principal Act is repealed.

        Question put and negatived.

                               Clauses Nos 12 and 13 amended and agreed to.

                           Clause No. 14 read.                                     


 

        Question - That the Clause stand as printed - put.

        Committee divided (No. 3):

              Ayes, 22.                                       Noes, 22.

        Hon. L.M.F. Arnold

        Mr Atkinson

        Hon. J.C. Bannon

        Hon. F.T. Blevins

        Hon. G.J. Crafter

        Mr De Laine

        Hon. T.R. Groom

        Mr Hamilton

        Hon. T.H. Hemmings

        Mr Heron

        Mr Holloway

        Hon. D.J. Hopgood

        Mrs Hutchison

        Hon. J.H.C. Klunder

        Hon. S.M. Lenehan

        Mr McKee

        Hon. M.K. Mayes

        Hon. N.T. Peterson

        Mr Quirke

        Hon. M.D. Rann

        Hon. J.P. Trainer

        Hon. R.J. Gregory (Teller)

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. D.C. Brown

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Mr Gunn

Mrs Kotz

Mr Matthew

Mr Meier

Mr Olsen

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Ingerson (Teller)

          Casting Vote

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

          So it was resolved in the affirmative.

                                         Clause agreed to.

                                         Clauses Nos 15 to 29 agreed to.

                                         Clause No. 30 amended and agreed to.

                                         Clauses Nos 31 to 33 agreed to.

                                         Clause No. 34 amended and agreed to.                                  

                                         Clauses Nos 35 to 39 agreed to.

                                         Schedule agreed to.

                                         Title agreed to.

 

                                                                                                                       

 

 

          The House having resumed:

          Mr Ferguson reported that the Committee had considered the Bill referred to it and had                             agreed to the same with amendments.

 

          The Minister of Labour Relations and Occupational Health and Safety moved - That this Bill

             be now read a third time.

          Debate ensued.

          Question put.


 

 

 

          House divided (No. 4):

              Ayes, 22.                                       Noes, 22.

        Hon. L.M.F. Arnold

        Mr Atkinson

        Hon. J.C. Bannon

        Hon. F.T. Blevins

        Hon. G.J. Crafter

        Mr De Laine

        Mr Ferguson

        Hon. T.R. Groom

        Mr Hamilton

        Hon. T.H. Hemmings

        Mr Heron

        Mr Holloway

        Hon. D.J. Hopgood

        Mrs Hutchison

        Hon. J.H.C. Klunder

        Hon. S.M. Lenehan

        Mr McKee

        Hon. M.K. Mayes

        Mr Quirke

        Hon. M.D. Rann

        Hon. J.P. Trainer

        Hon. R.J. Gregory (Teller)

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. D.C. Brown

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Mr Gunn

Mrs Kotz

Mr Matthew

Mr Meier

Mr Olsen

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Ingerson (Teller)

          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.

 

          Bill read a third time and passed.

 

27     Government Management and Employment (Miscellaneous) Amendment Bill

          Order of the Day read for the adjourned debate on the question - That the Government Management and Employment (Miscellaneous) Amendment Bill be now read a second time.

          Debate resumed.

 

                                                                                            In Committee

                                                        Clauses Nos 1 to 25 agreed to.

                                                        Title agreed to.

                                                                                                                       

 

          The House having resumed:

          Mr Ferguson 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.

 

28     Adjournment

          House adjourned at 11.34 p.m. until tomorrow at 10.30 a.m.

 

                                                                                                                        

 

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 12 November 1992

          Notices of Motion: Government Business -

 

The Minister of Labour Relations and Occupational Health and Safety to move - That he have leave to introduce a Bill for an Act to amend the Boilers and Pressure Vessels Act 1968, the Explosives Act 1936, the Lifts and Cranes Act 1985, the Noise Control Act 1976, the Occupational Health, Safety and Welfare Act 1986, and the Workers Rehabilitation and Compensation Act 1986.

 

The Minister of Primary Industries to move - That he have leave to introduce a Bill for an Act to amend the Dried Fruits Act 1934.

 

 

                                                                                                                         

 

Present during the day - All the Members.

 

 

 

 

 

 

 

 

                                                                                                                                N.T. Peterson

                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY