No 27

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 9 DECEMBER 2004

 

 

1       Meeting of House

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

 

2       ‘Spirit of Gallipoli’ ANZAC Commemoration - Motion re

Mr Hamilton-Smith, pursuant to notice, moved - That this House calls on the Government to provide financial support to the plan by the ‘Spirit of Gallipoli’ organising committee, the Adelaide Turkish community and the RSL (SA Branch) to bring five Turkish war veterans to Adelaide for the 90th commemoration of Anzac Day on 25 April 2005, and that the Premier personally takes leadership of the task of seeking further sponsorship and Federal Government financial support with the view of making $40,000 of combined State, Federal and Sponsorship funding available for the initiative.

         Debate ensued.

         Question put and passed.

 

3       Censure of Members for Chaffey, Fisher and Mount Gambier – Crown Solicitor’s Trust Account - Motion re

Mr Hamilton-Smith, pursuant to notice, moved – That this House censures the Members for Chaffey, Fisher and Mount Gambier for

(a)           supporting the Government's efforts to cover up and conceal the full facts surrounding the misuse of the Crown Solicitors Trust Account and unlawful transactions linked to that account, and

(b)           acting to ensure that abuses of ministerial power and parliamentary privilege remain concealed and not investigated.

         Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 10 February 2005.

 

4       Petitions Nos 40 and 41

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

 

40     Mrs Penfold, from 34 residents of South Australia, requesting the House to urge the Minister for Health to advise the Mid West Health Service not to accept the resignation of Dr Piet du Toit and to have an independent body investigate and report to Parliament on alleged problems with the Central Eyre Peninsula Hospital, associated boards and agencies and investigate further allegations of harassment and intimidation in the delivery of regional health care by the Department of Health.

41   Mrs Redmond, from 29 residents of South Australia, requesting the House urge the Government to reduce the freight train noise impacting adversely on health, lifestyle and property values to residents living in the vicinity of the Adelaide Hills railway line by re-routing the freight track through the Adelaide Plains; passing legislation for a maximum level of noise from trains and fining the owner-operators of offending trains.

 

 

5       Matter of Privilege – Chair of the Economic and Finance Committee

Mr Hamilton-Smith raised as a matter of privilege the alleged misleading of the House by the Chair of the Economic and Finance Committee (Ms Thompson) through her answer to a question regarding the disclosure of confidential and personal information received by the Committee in respect of correspondence from a potential witness scheduled to appear before the Economic and Finance Committee.

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

 

6       Answers to questions

An answer to a question on the Notice Paper No 108 and a question without notice were tabled by the Speaker.

 

7       Papers

         The Speaker laid on the Table the following report:

 

      Tatiara, District Council of – Report 2003-2004

 

         The following Papers were tabled:

 

By the Minister for Health (Hon L Stevens) –

      Adelaide Central Community Health Service – Report 2003-2004

            Eastern Eyre Health & Aged Care Inc – Report 2003-2004

      Gawler Health Service – Report 2003-2004

      Loxton Hospital Complex Incorporated – Report 2003-2004

      Mid North Regional Health Service Inc – Report 2003-2004

      Murray Bridge Soldiers’ Memorial Hospital – Report 2003-2004

      Northern Adelaide Hills Health Service Inc – Report 2003-2004

      Public and Environmental Health Act – Report 2003-2004

      Renmark Paringa District Hospital Inc – Report 2003-2004

      Riverland Regional Health Service Inc – Report 2003-2004

      St. Margaret’s Rehabilitation Hospital Incorporated – Report 2003-2004

 

By the Minister for Science and Information Economy (Hon P L White) –

      Bio Innovation SA – Financial Statements 2003-2004

 

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

      South Australian Soil Conservation Boards – Report 2003-2004

      Ministerial Statement – Von Einem

 

By the Minister for Youth (Hon S W Key) –

      South Australian Youth Action Plan, Part 1 - 2005-2010.

 

8       Questions

Questions without notice were asked.

Ordered on motion of the Minister for Environment and Conservation (Hon J D Hill), - That the period for asking questions without notice be extended by 5 minutes.

Questions without notice resumed.

Ordered on motion of the Hon D C Brown - That the period for asking questions without notice be extended by a further 5 minutes.

Questions without notice resumed.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Speaker's Statement – Matter of Privilege

The Speaker stated that he had considered the matter of privilege raised earlier today by the Member for Waite concerning the alleged misleading of the House by the Chair of the Economic and Finance Committee and determined that as the Member had answered the question honestly, although the answers conveyed may have provided a conflicting message, there was prima facie, no matter of privilege.

With respect to an inquiry about an alleged contempt by the Chair of the Economic and Finance Committee for allegedly publishing material of the Committee without the authorisation of the Committee, pursuant to the Parliamentary Committees Act, the Speaker stated that it was not incumbent on him to make a determination in respect of this matter, but for the Committee to report the matter to the House and then for the House to make a determination.

 

11      Next day of sitting

Ordered, on motion of the Attorney-General (Hon M J Atkinson), that the House at its rising adjourn until Monday 7 February 2005 at 2.00 pm.

 

12      Extension of time for adjournment

Ordered, on motion of the Attorney-General, that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

13      Suspension of Standing Orders

The Attorney-General, without notice, moved - That for the remainder of the session Standing Orders be so far suspended as to provide that the Clerk may deliver messages to the Legislative Council and the Speaker may receive messages from the Legislative Council when this House is not sitting.

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

 

14      Statutes Amendment (Liquor, Gambling and Security Industry) Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992, the Liquor Licensing Act 1997 and the Security and Investigation Agents Act 1995.

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 Ms Chapman, that the debate be adjourned until Monday 7 February 2005.

 

15      Railways (Operations and Access) (Regulator) Amendment Bill

The Minister for Transport, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Railways (Operations and Access) Act 1997.

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 Hon D C Brown, that the debate be adjourned until Monday 7 February 2005.

 

16      Select Committee on the Juvenile Justice System

Order of the Day read for the Report of the Select Committee on the Juvenile Justice System to be brought up.

 

Extension of time for bringing up Report

Hon R B Such, by leave, moved - That the time for bringing up the Report of the Select Committee be extended until Monday 7 March 2005.

Question put and passed.

 

17      Select Committee on the Statutes Amendment (Parliament Finance and Services) Bill

Order of the Day read for the Report of the Select Committee on the Statutes Amendment (Parliament Finance and Services) Bill to be brought up.

 

 

 

Extension of time for bringing up Report

The Attorney-General (Hon M J Atkinson), moved - That the time for bringing up the Report of the Select Committee be extended until Monday 7 February 2005.

Question put and passed.

 

18      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 5.

 

19      Criminal Law Consolidation (Criminal Neglect) 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.

 

Mrs Redmond moved, to amend the motion by leaving out the words “now read a second time” and inserting “deferred indefinitely” in lieu thereof.

Question – That the amendment be agreed to - put and negatived.

         Question – That the Bill be now read a second time - put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 read.

 

The Attorney-General moved on page 3, after line 36, to insert the following—

serious harm means—

(a)    harm that endangers, or is likely to endanger, a person's life; or

(b)    harm that consists of, or is likely to result in, loss of, or serious and protracted impairment of, a part of the body or a physical or mental function; or

(c)    harm that consists of, or is likely to result in, serious disfigurement.

 

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

20      Extension of sitting

Ordered, on motion of the Minister for Infrastructure, that the sitting of the House be extended beyond 6.00pm.

 

21      Messages from the Legislative Council

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

 

Teachers Registration and Standards Bill                                              Message No 23

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate the teaching profession, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 9 December 2004                                R R Roberts, PRESIDENT

 

 

 

 

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1

Clause 9, page 6, lines 39 and 40 –

Delete “after the holding of an election in accordance with the regulations”

 

Amendment No 2

Clause 20, page 10, line 36 –

After “Part 6” insert:

or in relation to a person of a class prescribed by regulation

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the amendments to be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendments be agreed to.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Statutes Amendment (Legal Assistance Costs) Bill                                 Message No 24

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled and Act to amend the Criminal Law (Legal Representation) Act 2001 and the Legal Services Commission Act 1977, without any amendment.

         Legislative Council, 9 December 2004                                             R R Roberts, PRESIDENT

 

22      Criminal Law Consolidation (Criminal Neglect) Amendment Bill

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

 

In Committee

Clause No 4 further considered, amended and agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

23      Message from the Legislative Council

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

 

         Motor Vehicles (Fees) Amendment Bill                                                   Message No 25

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled and Act to amend the Motor Vehicle Act 1959, without any amendment.

         Legislative Council, 9 December 2004                                             R R Roberts, PRESIDENT

 

         Criminal Law Consolidation (Child Pornography) Amendment Bill        Message No 26

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled and Act to amend the Criminal Law Consolidation Act 1935 and to make consequential amendments to the Summary Offences Act 1953, the Summary Offences Act 1953 and the Summary Procedure Act 1921, without any amendment.

         Legislative Council, 9 December 2004                                R R Roberts, PRESIDENT

 

24      Adjournment

House adjourned at 6.54 pm until Monday 7 February 2005 at 2.00 pm.

 

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 10 February 2004

 

Notice of Motion: Other Motions -

 

Hon W A Matthew to move – That this House criticises the Government for

(a)       its failure to effectively manage the State's entry into Federal Labor's National Electricity Market and subsequent electricity prices charged to South Australians;

(b)       allowing electricity prices to increase by an average 25.2% as at January 2005, increases almost double those that have occurred in Victoria;

(c)       its failure to introduce legislation into this Parliament that established market rules and which allowed sufficient time for competitive electricity retailers to establish in South Australia upon market deregulation on 1 January 2003;

(d)       breaking its undertaking to the people of South Australia to deliver cheaper electricity prices;

(e)       placing the Essential Services Commissioner, Lew Owens, and his staff in an untenable position by expecting them to absorb and deflect the criticism levelled for the Government's failure to deliver on its promise of cheaper electricity prices;

and calls on the Government to deliver on its pre-election promise of cheaper electricity prices for all South Australians.

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY