No 28

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 19 MARCH 1996

 

 

1    Meeting of House

     The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read       prayers.

 

2    Message from the Governor

     The following Message from the Governor was received and read:

 

     Assent to Bills                                         Message No 12

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz:-

No 1 of 1996 - An Act to amend the Local Government Finance Authority Act 1983.

No 2 of 1996 - An Act to amend the Workers Rehabilitation and Compensation Act 1986.

     Government House, 19 March 1996                   R F Mitchell, GOVERNOR

 

3    Petitions Nos 76 to 80

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

 

76 Hon F T Blevins, from 1 resident of South Australia, requesting that the House urge the Government to investigate if the call out charges of the South Australian Ambulance Service are in breach of the Fair Trading Act.

 

77 Mr Brindal, from 1 resident of South Australia, requesting that the House urge the Government to remove the Ambulance Charges for Health Care Card Holders.

 

78 Mr Brindal, from 1 resident of South Australia, requesting that the House urge the Government to investigate and recover any monies wrongfully paid by the South Australian Ambulance Service to its former manager.

 

79 Mr Brindal, from 1 resident of South Australia, requesting that the House urge the Government to investigate if an agreement existed between the former Government and the South Australian Institute of Teachers to breach the Teachers Salaries Award.

 

80 Mr Lewis, from 123 residents of South Australia, requesting that the House urge the Government to restore the Instrumental Music Branch positions in Lameroo and Pinnaroo Area Schools.

 


4    Papers

The following Papers were tabled:

 

By the Deputy Premier (Hon S J Baker) -

   Judges of the Supreme Court - Report, 1995

   Summary Offences Act - Regulations - Recording of Interview Fees

   Magistrates Court Act - Rules - Building Works Contractors

   South Australian State Electoral Office - Statistical Returns for General Election 11 December   1993 and By-Elections

 

By the Treasurer (Hon S J Baker) -

   IOOF Friendly Society (SA) - Rules - General

 

By the Minister for Industrial Affairs (Hon G A Ingerson) -

   Regulations under the following Acts -

      WorkCover Corporation - Statutory Reserve and Insurance Assistance Funds

      Workers Rehabilitation and Compensation - Claims and Registration

 

By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) -

   Ministerial Statement - Public Transport Reform

   Regulations under the following Acts -

      Harbors and Navigation - Restricted Areas - Thistle Island

      Passenger Transport -

         Conduct of Passengers - Disability Provisions

         Prescribed Licences - Fares

      Road Traffic - Clearways and Bus Lanes

 

By the Minister for Health (Hon M H Armitage) -

   Regulations under the following Acts -

      Food - Amendment to Code

      Occupational Therapists - Fees

      South Australian Health Commission - Fees for Medicare Patients

 

By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

   Outback Areas Community Development Trust - Report, 1994-95

 

By the Minister for Family and Community Services (Hon D C Wotton) -

   Family and Community Services Act - Regulations Principal

 

By the Minister for Primary Industries (Hon R G Kerin) -

   Meat Hygiene Act - Regulations - Marking of Meat

 

By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

   City of Henley and Grange “Heritage Plan Amendment Report” - Report, March 1996

   Regulations under the following Acts -

      Development - Variations

      South Australian Co-operative and Community Housing -

         Electoral Procedures

         General Amendments

         Housing Associations

   Corporation By-laws -

      Brighton- No 2 - Foreshore

      Murray Bridge -

         No 4 - Moveable Signs

         No 5 - Garbage Disposal


   District Council By-laws -

      Elliston - No 4 - Moveable Signs

      Willunga -

         No 1 - Permits and Penalties

         No 2 - Streets and Public Places

         No 3 - Street Traders

         No 4 - Moveable Signs

         No 5 - Waste Management

         No 6 - Height - Fences, Hedges etc

         No 7 - Parklands

         No 8 - Caravans, Tents and Camping

         No 9 - Animals, Birds and Poultry

         No 10 - Bees

         No 11 - Nuisances

         No 12 - Dogs

         No 13 - Foreshore

         No 14 - Vehicles Kept or Let for Hire

         No 15 - STED Schemes

         No 16 - Driving Cattle/Horses through Streets

         No 17 - Dug-Outs, Caves, etc.

 

5    Answers to questions

Answers to questions on the Notice Paper Nos 5, 34, 36, 39, 46 and 53 to 59 and questions without notice were tabled by the Speaker.

 

6    Questions

Questions without notice were asked.

Ordered - That the period for asking questions without notice be extended by five minutes.

     Questions without notice resumed.

 

7    Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

8    Messages from the Legislative Council

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

 

     Expiation of Offences Bill                              Message No 68

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the expiation of minor offences, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 15 February 1996             H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

     Ordered, on motion of Mr Clarke, that the debate be adjourned until tomorrow.

 

     Statutes Amendment and Repeal (Common Expiation Scheme) Bill        Message No 69

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to repeal the Expiation of Offences Act 1987, and to amend various other Acts that make provision for the expiation of offences, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 15 February 1996             H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

     Ordered, on motion of Mr Clarke, that the debate be adjourned until tomorrow.

 

     Summary Procedure (Time for Making Complaint) Amendment Bill        Message No 70

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Summary Procedure Act 1921, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 15 February 1996             H P K Dunn, PRESIDENT

 

     Bill read a first time.

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

     Ordered, on motion of Mr Clarke, that the debate be adjourned until tomorrow.

 

     Racing (TAB) Amendment Bill                             Message No 71

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Racing Act 1976, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 15 February 1996             H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

     Page 2, lines 2 and 3 (clause 4) - Leave out subsection (3) and insert new subsection as follows -

     “(3) At least two of the members of the Board must be men and at least two must be women.”

                                    J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the amendment be taken into consideration forthwith.

 

In Committee

     Resolved - That the amendment be agreed to.

 

____________

     The House having resumed:

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

 

9    Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 3 be taken into consideration after Order of the Day: Government Business No 4.

 

10   Pastoral Land Management and Conservation (Extension of Interim Board) 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.

     Question put and passed.

 

     Bill read a second time.

In Committee

                       Clauses Nos 1 and 2 amended and agreed to.

                       Clause No 3 left out.

                       Title agreed to.

 

____________

     The House having resumed:

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

 

     Pastoral Land Management and Conservation (Board Membership) Amendment Bill

Bill read a third time and passed.

 


11   Gaming Machines (Miscellaneous) 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.

 

12   Extension of time for adjournment

The Deputy Premier moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

13   Gaming Machines (Miscellaneous) Amendment Bill

     Debate (interrupted by foregoing motion) resumed.

     Question put and passed.

 

     Bill read a second time.

 

In Committee

                        Clauses Nos 1 to 4 agreed to.

                        Clause No 5 read.

 

Mr Quirke, moved on, page 2, line 18, to leave out the words “there is”.

Safeguarding amendment

The Deputy Premier  having intimated that he intended to move on page 2, line 18 to leave out “on all other days” and insert “at other times” and on page 2, line 18, after “6 hours” to insert “in each 24 hour period”.

     Question - That Mr Quirkes’ amendment be agreed to - put.

     Committee divided (No 1):

 


           Ayes, 10.

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Hon M D Rann

Ms Stevens

Ms White

Mr Quirke (Teller)


   Noes, 27.

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Mr Leggett

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


 

    

     So it passed in the negative.

 

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

                  Clause, as amended, agreed to.

                  Clauses Nos 6 to 9 agreed to.

                  Clause No 10 read.

     Mr Quirke moved on page 4, line 13, to leave out “$25 million “ and insert “$20 million (CPI adjusted)”.

     Question - That the amendment be agreed to - put.

     Committee divided (No 2):

 


           Ayes, 10.

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Hon M D Rann

Ms Stevens

Ms White

Mr Quirke (Teller)


   Noes, 28.

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mr Leggett

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


 

     So it passed in the negative.

     Mr Quirke moved on, page 4, line 15, to leave out paragraph (b) and insert paragraphs as follow:

     (b)   as to $5 million (CPI adjusted) - into the Charitable and Social Welfare Organisations Fund established under this part;

     (c)   as to the balance -

        (i)              if the revenue received did not exceed $146 million (CPI adjusted) - into the Consolidated Account;

        (ii)             if the revenue received exceeded $146 million (CPI adjusted) -

           (A)the amount of the balance up to that amount - into the Consolidated Account;

           (B)the surplus over that amount - into the Sporting Clubs Fund established under this Part.

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


     Committee divided (No 3):

 


           Ayes, 14.

 

Mr D S Baker

Hon F T Blevins

Mr Caudell

Mr Clarke

Mr De Laine

Mr Evans

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Oswald

Hon M D Rann

Ms Stevens

Ms White

Mr Quirke (Teller)


   Noes, 24.

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Becker

Mr Brindal

Mr Condous

Mr Cummins

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mr Leggett

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


 

     So it passed in the negative.

                        Clause otherwise amended and agreed to.

                        Clauses Nos 11 and 12 agreed to.

                        Clause No 13 amended and agreed to.

                        Title agreed to.

 

____________

     The House having resumed:

Mr Bass 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.

 

14   Message from the Legislative Council

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

 

     Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) (Licence Transfer)

        Amendment Bill                                       Message No 72

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) 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, 19 March 1996                H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

     No 1  Page 1, lines 15 and 16 (clause 2) - Leave out the clause.

     No 2  Page 1 - After line 14 insert new clause as follows:

           2. “Substitution of s.4 Section 4 of the principal Act is repealed and the following section is                                              substituted:

           4. Transfer of licences (1) A licence may be transferred with the consent of the Director.

           (2)                                         The Director must consent to the transfer of a licence if -

              (a)                                      the criteria prescribed by the regulations are satisfied;

              and

           (b)  an amount representing the licensee’s accrued liabilities by way of surcharge under this Act is paid to the Director.

        (3)                                            If the registration of a boat is endorsed on a licence that is or is to be transferred, that registration may also be transferred.”

     No 3  Page 1, lines 17 to 28 and page 2, lines 1 to 4 (clause 3) - Leave out the clause.

                                    J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

    

     Ordered - That consideration of the amendments be an Order of the Day for tomorrow.

 

15   Adjournment

     House adjourned at 11.56 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

     For Wednesday 20 March 1996

   Notices of Motion: Government Business-

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to provide for the sale of assets of the South Australian Meat Corporation; to amend the South Australian Meat Corporation Act 1936; and for other purposes.

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Stamp Duties Act 1923.

 

     For Thursday 21 March 1996

      Notices of Motion: Other Motions-

 

Mr Cummins to move - That this House recognises the brilliant success of the 1996 Telstra Adelaide Festival, Fringe Festival and Writers Week and congratulates all associated with these events for their outstanding efforts in reaffirming Adelaide as the premier festival State and world festival leader and in particular, this House acknowledges the role of Barry Kosky as Artistic Director and the acclaim received for the programs offered by him.

 

Mr De Laine to move - That this House -

(a)   condemns the decision by the Minister for Education and Children’s Services to close The Parks High School at the end of 1996 without any prior consultation with the school community on the findings of the 1995 review into the school;

(b)   condemns the Minister for the way in which the school was advised of the decision and the inadequacy of the six sentence notice given to parents and caregivers, the timing of the notification on a Friday  afternoon to minimise debate and the total lack of adequate counselling and support for students, staff and caregivers; and

(c)   calls on the Minister to reverse his decision and consult with the School community on how the future of the School can be secured.

 

Mr Scalzi to move - That this House congratulates Prime Minister Howard for his recent election victory and for his impeccable judgement in choosing four  South Australians to serve in his Cabinet.

 

____________

 

 

     Present during the day - All Members except Hon H Allison, Mr Atkinson and Mr Lewis.

 


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

 

     Division No. 1 -

        Ayes - Mr Atkinson

        Noes - Hon H Allison

 

     Division No. 2 -

        Ayes - Mr Atkinson

        Noes - Hon H Allison

 

     Division No. 3 -

        Ayes - Mr Atkinson

        Noes - Hon H Allison

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY