No 27

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

WEDNESDAY 3 DECEMBER 2003

 

1       Meeting of House

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

 

2       Speaker's Statement – Public Works Committee Media Comments

The Speaker stated that he had written to the Presiding Member of the Public Works Committee, suggesting that the Committee prepare a response which it should report to the House in the first sitting week of 2004 on the editorial remarks made in the Advertiser on 29 November 2003, concerning the diminished function of the Public Works Committee to review projects.

 

3       Papers

         The Speaker laid on the Table the following reports:

 

Pursuant to Section 131 of the Local Government Act 1999 -

      Mount Barker, District Council of - Report 2002 – 2003

      Unley, City of - Report 2002 – 2003.

 

         The following Papers were tabled:

 

By the Minister for Health (Hon L Stevens) –

Balaklava & Riverton Districts Health Service Inc. – Report 2002-2003

Coober Pedy Hospital & Health Services Inc. – Report 2002-2003

Eyre Regional Health Service – Report 2002-2003

Flinders Medical Centre – Report 2002-2003

Flinders Medical Centre – Financial and Statistical – Report 2002-2003

Meningie & Districts Memorial Hospital and Health Services Inc. – Report 2002-2003

Northern Metropolitan Community Health Service – Report 2002-2003

Quorn Health Services Inc. – Report 2002-2003

Riverland Health Authority Inc. – Report 2002-2003

South East Regional Health Service Inc. (Incorporating South East Regional Community Health Service) – Report 2002-2003

 

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

      Adelaide Dolphin Sanctuary Draft Bill and Discussion Paper

 

By the Minister for Employment, Training and Further Education (Hon J D Lomax-Smith) –

      Bio Innovation SA – Report 2002-2003

      University of Adelaide – Report 2002-2003.

 

4       Legislative Review Committee - Reports – Ninth and Tenth

 

Ninth Report

Mr Hanna brought up the 9th Report of the Legislative Review Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

               Land and Business (Sale and Conveyancing) Act 1994 – Instalment Contracts

               Public Corporations Act 1993 –

                     Industrial & Commercial Premises Corp Revocation

                     Land Management Corp Amendments

 

Tenth Report

Mr Hanna brought up the 10th Report of the Committee.

Report received.

 

5       Questions

Questions without notice were asked.

 

6       Suspension of Standing Orders

The Minister for Environment and Conservation, without notice, moved - That Standing Order 339 be and remain so far suspended as to enable the Select Committee on the Statutes Amendment (Co-managed Parks) Bill to authorise the disclosure or publication, as it sees fit, of any evidence presented to the Committee prior to such evidence being reported to the House.

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

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be postponed until Wednesday 25 February 2004.

 

9       Road Traffic (Drug Testing) Amendment Bill

Mr Venning, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Venning moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 25 February 2004.

 

10      Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 3 to 12 be postponed until Wednesday 18 February 2004.

 

11      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 13 be postponed until Wednesday 25 February 2004.

 

 

 

 

12      Listening and Surveillance Devices – Referral to Legislative Review Committee - Motion re

Mr Meier, pursuant to notice, moved - That issues associated with listening and surveillance devices relating to private activities by individuals be referred to the Legislative Review Committee for examination.

         Debate ensued.

         Question put and passed.

 

13      Industrial and Employee Relations (Exemption of Small Business) 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 Wednesday 18 March 2004.

 

14      Motor Vehicles (Emergency Contact Details) 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 Geraghty moved – That the debate be further adjourned.

Question put.

 

         House divided (No 1):

 

           Ayes, 23

           Noes, 21

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Mr Koutsantonis

Mr Hanna

Hon J D Lomax-Smith

Hon R G Kerin

Hon R J  McEwen

Hon D C Kotz

Mr O'Brien

Hon W A Matthew

Ms Rankine

Ms Maywald

Hon M D Rann

Dr McFetridge

Mr Rau

Mr Meier

Mr Snelling

Mrs Penfold

Hon L Stevens

Mrs Redmond

Hon R B Such

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Hon I F Evans (Teller)

Hon M J Wright

 

Mrs Geraghty (Teller)

 

 

         So it was resolved in the affirmative.

 

Ordered - That the adjourned debate be made an Order of the Day for Wednesday 25 February 2004.

 

15      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 3 be postponed until Wednesday 18 February 2004.

 

16      Social Development Committee – Report – Inquiry into Supported Accommodation - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Snelling - That the Eighteenth Report of the Social Development Committee entitled Inquiry into Supported Accommodation, be noted.

         Debate resumed.

         Question put and passed.

 

17      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 5 be postponed until Wednesday 18 February 2004.

 

18      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 6 be postponed until Wednesday 25 February 2004.

 

19      Suspension of Standing Orders – Order of Business

The Minister for Urban Development and Planning (Hon J W Weatherill), without notice, moved - That Standing Orders be and remain so far suspended as to enable Order of the Day: Private Members Business/ Bills/ Committees/ Regulations No 7 to be taken into consideration tomorrow.

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

 

20      Tobacco Products Regulation (Smoking in the Casino and Gaming Venues) 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 Mrs Geraghty, that the debate be further adjourned until Wednesday 18 February 2004.

 

21      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 9 to 14 be postponed until Wednesday 18 February 2004.

 

22      Messages from the Legislative Council

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

 

         National Parks and Wildlife (Innamincka Regional Reserve) Amendment Bill                                                         Message No 32

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the National Parks and Wildlife Act 1972, without any amendment.

         Legislative Council, 3 December 2003                                R R Roberts, PRESIDENT

 

         Victims of Crime (Criminal Injuries Compensation Regulations) Amendment Bill

                                                                                                                        Message No 33

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Victims of Crime Act 2001, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 3 December 2003                                R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1 —

Clause 3, page 7, lines 2 and 3—

Delete "the Crown Solicitor has given prior agreement" and substitute:

     (i)     the Crown Solicitor has given prior agreement; or

     (ii)     the court is satisfied that the report of more than one expert in the specialty is necessary to provide the court with the evidence required for the determination of the matter;

 

Amendment No 2 —

Clause 3, page 7, lines 4 to 13—

Delete paragraph (c)

 

Amendment No 3 —

Clause 3, page 7, after line 39—

Insert:

     (iii)     the court is satisfied that the additional report is necessary to provide the court with the evidence required for the determination of the matter.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the amendments be taken into consideration on motion.

 

23      Natural Resources Committee - Appointment of Members

The Minister for Environment and Conservation moved - That Mr Caica, Ms Ciccarello, Mrs Maywald and Mr Williams be appointed to the Natural Resources Committee; and that a message be sent to the Legislative Council informing them of the foregoing resolution.

Question put and passed.

 

24      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration on motion.

 

25      Consent to Medical Treatment and Palliative Care (Prescribed Forms) Amendment Bill

The Minister for Health, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Consent to Medical Treatment and Palliative Care 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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

26      Highways (Authorised Transport Infrastructure Projects) Amendment Bill

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

 

In Committee

Resolved – That Amendments Nos 1 to 9 be disagreed to.

Resolved – That Amendments Nos 10 to 12 be disagreed to and alternative amendments be made in lieu thereof.

Resolved – That Amendments Nos 13 to 20 be disagreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it, had disagreed to the same and had made alternative amendments in lieu thereof.

 

27      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

28      Paper

         The following Paper was tabled:

 

 

By the Minister for Environment and Conservation

               Natural Resources Management – Proposed Legislation.

 

29      Zero Waste SA Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

Clauses Nos 2 to 12 agreed to.

New Clause No 12A inserted.

Clauses Nos 13 to 15 agreed to.

Clause No 16 amended and agreed to.

Clauses Nos 17 to 20 agreed to.

Schedule agreed to.

Title agreed to.

 

____________

 

         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.

 

30      Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill

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

 

In Committee

Resolved – That Amendments Nos 1 to 29 be agreed to.

The Minister for Gambling (Hon J W Weatherill) moved – That Amendment No 30 be disagreed to.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

31      Extension of time for adjournment

Ordered, on motion of the Minister for Urban Development and Planning (Hon J W Weatherill) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

32      Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill

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

 

In Committee

Motion – That Amendment No 30 be disagreed to – further considered.

Question put:

 

         Committee divided (No 2):

 

           Ayes, 21

           Noes, 19

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon D C Brown

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon W A Matthew

Hon I P Lewis

Ms Maywald

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Mr Brokenshire (Teller)

Hon M J Wright

 

Hon J W Weatherill (Teller)

 

 

         So it was resolved in the affirmative.

 

Amendment No 1 reconsidered.

Resolved – That Amendment No 1 be disagreed to.

 

____________

 

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 2 to 29 without amendment; and had disagreed to Amendments Nos 1 and 30.

 

33      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 4 to 7 be postponed and taken into consideration after Order of the Day: Government Business No 8.

 

34      Survey (Miscellaneous) Amendment Bill

Order of the Day read for the consideration of Message No 22 of the Legislative Council.

 

In Committee

Resolved – That the amendment made by the House of Assembly be not insisted on.

 

____________

 

The House having resumed:

Hon R B Such reported that the Committee had considered the Message from the Legislative Council and had resolved to not insist on its amendment.

 

35      Adjournment

Ordered, on motion of the Minister for Urban Development and Planning - That the House do now adjourn.

House adjourned at 10.21 pm until tomorrow at 10.30 am.

 

 

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 4 December 2003

 

Notice of Motion: Government Business -

 

The Attorney-General to move – That this House establish a Select Committee to examine –

(a)           the Juvenile Justice System, and in particular -

                                            i.           the Youth Court and the Youth Court Act 1993;

                                           ii.           the Young Offenders Act 1993;

                                         iii.           the Education Act 1972 as amended and in particular, as it relates to truancy; and 

                                          iv.           any other relevant Acts;

(b)           the appropriateness and effectiveness of custodial programs and non-custodial practices and processes for juvenile offenders;

(c)           psychological and psychiatric dimensions of juvenile offending;

(d)           the need for early intervention policies and in particular, the role of parents and family;

(e)           the effectiveness of interaction between departments and agencies in Juvenile Justice;

(f)             innovative approaches that could be used in  the Juvenile Justice System;

(g)           student behaviour management policies and practices as they relate to the Juvenile Justice System;

(h)           any special circumstances that may apply to children or youth from a non-English speaking or Aboriginal background;

(i)             the adequacy of resources provided for the operation of Juvenile Justice; and

(j)             any other relevant matter.

 

 

            For Wednesday 18 February 2004

 

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

 

Mr Hanna to move – That the Regulations made under the Public Corporations Act 1993 entitled Land Management Corp Amendments, made on 23 October and laid on the table of this House on 11 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Land and Business (Sale And Conveyancing) Act 1994 entitled Instalment Contracts, made on 23 October and laid on the table of this House on 11 November, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Public Corporations Act 1993 entitled Industrial and Commercial Premises Corp Revocation, made on 23 October and laid on the table of this House on 11 November, be disallowed.

 

 

____________

 

 

Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes - Minister for Social Justice (Hon S W Key).

               Noes – Deputy Leader of the Opposition (Hon D C Brown).

 

         Division No 2 -

Ayes – The Premier (Hon M D Rann), the Minister for Education and Children’s Services (Hon P L White) and Minister for Infrastructure (Hon P F Conlon).

               Noes - Hon D C Kotz, Hon M R Buckby and Mr Scalzi.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY