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No. 28

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 20 NOVEMBER 1990

 

 

1          Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) 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.17

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:

No.48 of 1990 ‑ An Act to amend the Technical and Further Education Act, 1976.

No.49 of 1990 ‑ An Act to amend the Landlord and Tenant Act, 1936.

Government House, Adelaide, 20 November 1990                                             D.B. Dunstan, GOVERNOR

 

3          Petitions Nos 64 and 65

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

 

64    Mr Gunn, from 169 residents of South Australia, requesting that the House urge the Government not to reduce the blood alcohol concentration limit for fully licensed drivers.

 

65    Hon. D.C. Wotton, from 51 residents of South Australia, requesting that the House urge the Government to limit the prohibitions on development in the Mount Lofty Ranges as ordered by the Supplementary Development Plan.

 

4          Answers to questions

Answers to questions on the Notice Paper Nos 192, 210, 220, 222, 226, 251, 281, 283 to 285, 296, 300, 301, 321, 322 and 330 and questions without notice were tabled by the Speaker.


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5          Papers

The following Papers were laid on the Table:

 

By the Minister of Health (Hon. D.J. Hopgood) ‑

        Committee Appointed to Examine and Report on Abortions Notified in South  Australia ‑ Report, 1989.

        Dentists Act, 1984 ‑ Regulations ‑ Hygienists and Specialists.

        Drugs Act, 1908 ‑ Regulations ‑ Attendance Fees.

 

By the Minister of Agriculture (Hon. L.M.F. Arnold) ‑

        South Australian Meat Corporation ‑ Report, 1989‑90.

 

By the Minister of Fisheries (Hon. L.M.F. Arnold) ‑

        Gulf St. Vincent Prawn Fishery ‑ Second Report, 1990.

 

By the Minister of Finance (Hon. F.T. Blevins) ‑

        Police Superannuation Board ‑ Report, 1989‑90.

 

By the Minister for Environment and Planning (Hon. S.M. Lenehan) ‑

        National Parks and Wildlife Act, 1972 ‑ Regulations ‑ Kangaroo Tags.

 

By the Minister of Water Resources (Hon. S.M. Lenehan) ‑

        South‑Eastern Drainage Board ‑ Report, 1989‑90.

        Waterworks Act, 1932 ‑ Regulations ‑ Fire Service Fees.

 

By the Minister of Lands (Hon. S.M. Lenehan) ‑

        Real Property Act, 1886 ‑ Regulations ‑ Surveyor Certificate.

 

By the Minister of Employment and Further Education (Hon. M.D. Rann) ‑

        Industrial and Commercial Training Commission ‑ Report, 1989‑90.

        Industrial and Commercial Training Act, 1982 ‑ Regulations ‑ Customer Servicing.

 

6          Public Works Standing Committee ‑ Report

The Speaker laid on the Table the Report, together with Minutes of Evidence of the Parliamentary Standing Committee on Public Works on RN 68600 Robinson Road, Seaford Commercial Road to Main South Road Ungrading and Realignment.

Report ordered to be printed (Paper No. 178).

 

7          Questions

Questions without notice were asked.

 

8          Limitation of Debate

The Deputy Premier (Hon. D.J. Hopgood) moved ‑ That the time allotted for ‑

(a)   completion of the:

                        Renmark Irrigation Trust Act Amendment Bill;

                        Administration and Probate Act Amendment Bill;

                        Occupational Health, Safety and Welfare Act Amendment Bill;

                        Senior Secondary Assessment Board of South Australia Act Amendment Bill;

                        Pipelines Authority Act Amendment Bill;

                        Landlord and Tenant Act Amendment Bill;

                        Motor Vehicles Act Amendment Bill (No. 3);  and

                        Fences Act Amendment Bill;  and


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(b)   consideration of the amendments of the Legislative Council in the Wilpena Tourist Facility Bill;

        and

(c)   Aboriginal Lands Trust ‑ Lands Out of Hundreds, Town of Oodnadatta ‑ Resolution, be until 6.00 p.m. on Thursday 22 November.

Question put and passed.

 

9          Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 1 to 24 be postponed and taken into consideration after Order of the Day (Government Business) No. 25.

 

10       Wilpena Tourist Facility Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in the Wilpena Tourist Facility Bill.

 

In Committee

 

Resolved ‑ That the amendments be disagreed to.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the amendments referred to it and had disagreed to the same.

 

11       Postponement of business

Ordered ‑ That Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 20.

 

12       Renmark Irrigation Trust Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Renmark Irrigation Trust Act Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bll read a second time.

By leave, the House proceeded to the third reading.

 

Bill read a third time and passed.

 

13       Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 3 to 19 be postponed and taken into consideration after Order of the Day (Government Business) No. 24.

 

14       Administration and Probate Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Administration and Probate Act Amendment Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

By leave, the House proceeded to the third reading.

 

Bill read a third time and passed.


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15       Occupational Health, Safety and Welfare Act Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Occupational Health, Safety and Welfare Act Amendment Bill be now read a second time.

Debate resumed.

Ordered, on motion of Mr Hamilton, by leave, that the debate be further adjourned and resumed on motion.

 

16       Messages from the Legislative Council

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

 

University of South Australia Bill                                                                                                       Message No. 33

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish the University of South Australia; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 20 November 1990                                                                                                G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No. 1.      Page 4, line 20 (clause 10) ‑ Leave out "seven" and insert "five".

No. 2.      Page 4, (clause 10) ‑ After line 21 insert new paragraph as follows:‑

        "(ab)       Two Members of the Parliament of South Australia appointed by the Governor pursuant                to a recommendation contained in an address from both Houses of Parliament:".

No. 3.      Page 4 (clause 10) ‑ After line 23 insert new subclause as follows:‑

        "(3a)       The Minister must consult with the Leader of the Opposition in the Parliament before                      nominating a person for appointment under subsection (3) (a) (iii)."

No. 4.      Page 4 (clause 10) ‑ After line 32 insert new subclause as follows:‑

        "(5a)       Subsequent appointments under subsection (3) (a) (i) and (ii) will be made on a                 recommendation given to the Minister by the Council."

No. 5.      Page 4, line 35 (clause 11) ‑ After "Council" insert "(other than a Member of Parliament)".

No. 6.      Page 5 (clause 11) ‑ After line 3 insert new paragraph as follows:‑

        "(ca) ceases, in the case of a Member of Parliament, to be such a Member (except pursuant to                       expiry of his or her term of office as such or on dissolution or expiry of the term of the House                          of which he or she is a Member)."

No. 7.      Page 7 ‑ After line 32 insert new clause as follows:‑

        "22a The Governor to be the Visitor to the University The Governor is to be the Visitor to the        University with the powers and functions appertaining to that office."

C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered ‑ That the Message be taken into consideration on motion.

 

Wilpena Station Tourist Facility Bill                                                                                 Message No.34

MR SPEAKER ‑ The Legistaive Council insists on its amendments in the Wilpena Station Tourist Facility Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

Legislative Council, 20 November 1990                                                                                                G.L. Bruce, PRESIDENT


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Ordered ‑ That the Message be taken into consideration forthwith.

 

In Committee

Resolved ‑ That the disagreement to the amendments be insisted on.

____________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the Message referred to it and had resolved to insist upon its disagreement to the amendments.

 

Conference

The Minister for Environment and Planning (Hon. S.M. Lenehan) moved ‑ That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Wilpena Station Tourist Facility Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Messrs M.J. Evans and Gunn, Mrs Hutchison, Hon. D.C. Wotton and the mover be Managers of the Conference on the part of this House.

Question put and passed.

 

17       Occupational Health, Safety and Welfare Act Amendment Bill

Ordered ‑ That the adjourned debate on the question ‑ That the Occupational Health, Safety and Welfare Act Amendment Bill be now read a second time ‑ be now resumed.

 

18       Message from the Legislative Council

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

 

Wilpena Station Tourist Facility Bill                                                                                 Message No.35

The Legislative Council has, in reply to Message No.43 from the House of Assembly, agreed to grant a Conference on the Wilpena Station Tourist Facility Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of 8.30 p.m. on this day to receive the Managers on behalf of the House of Assembly, at the Committee Room of the Legislative Council.

Legislative Council, 20 November 1990                                                                                                G.L. Bruce, PRESIDENT

 

Suspension of Standing Orders ‑ Conference

The Minister for Environment and Planning, without notice, moved ‑ That the           Standing Orders be so far suspended as to enable the Conference on the Wilpena Station Tourist Facility Bill to be held during the sitting of 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.

 

19       Occupational Health, Safety and Welfare Act Amendment Bill

Debate (interrupted by receipt of the foregoing Message) resumed.

Ordered, on motion of Hon. T. Chapman, that the debate be further adjourned and resumed on motion.


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20       University of South Australia Bill

Ordered ‑ That the Message from the Legislative Council in the University of South Australia Bill be now taken into consideration.

 

In Committee

Resolved ‑ That the amendments be agreed to.

____________

 

The House having resumed:

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

 

21       Occupational Health, Safety and Welfare Act Amendment Bill

Ordered ‑ That the adjourned debate on the question ‑ That the Occupational Health, Safety and Welfare Act Amendment Bill be now read a second time ‑ be now resumed.

Debate resumed.

Ordered, on motion of the Minister of Occupational Health and Safety (Hon. R.J. Gregory), by leave, that debate be further adjourned until tomorrow.

 

22       Adjournment

The Minister of Emergency Services (Hon. J.H.C. Klunder) moved ‑ That the House do now adjourn.

Debate ensued.

 

23       Message from the Legislative Council

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

 

Rural Industry Adjustment (Ratification of Agreement) Bill                                        Message No.36

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to approve execution on behalf of the State of an Agreement between the Commonwealth, the States and the Northern Territory relating to provision of assistance to persons engaged in rural industries, and to repeal the Fruitgrowing Industry (Assistance) Act, 1972 and the Beef Industry Assistance Act, 1975, without any amendment.

Legislative Council, 20 November 1990                                                                                                G.L. Bruce, PRESIDENT

 

24       Adjournment

Debate (interrupted by receipt of the foregoing Message) resumed.

Question put and passed.

House adjourned at 10.25 p.m. until tomorrow at 2.00 p.m.

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 21 November 1990

            Notices of Motion: Government Business‑‑

 

The Minister of Labour to move ‑ That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act, 1986.


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The Minister of Marine to move ‑ That he have leave to introduce a Bill for an Act to amend the Boating Act, 1974.

 

Thursday 22 November 1990

            Notice of Motion: Other Business‑‑

 

Mr Groom to move ‑ That a Select Committee be established to consider  deficiencies or otherwise in the laws relating to privacy and in     particular ‑

(a)   to consider the terms of a draft Bill prepared by the Parliamentary Counsel on the instructions of the Member for Hartley entitled "an Act to create a right of privacy and to provide a right of action for an infringement of that right; and for other purposes";

(b)   to examine and make recommendations about specific areas where citizens need protection against invasions of privacy;  and

(c)   to propose practical means of providing protection against invasions of privacy.

 

Thursday 6 December 1990

            Notices of Motion: Other Business‑‑

 

Hon. J.L. Cashmore to move ‑ That a Joint Select Committee be established to  examine ‑

(a)   the extent to which both the health services and the present law provide adequate options for dying with dignity;

(b)   whether there is sufficient public and professional awareness of existing law and if not, what measures should be taken to overcome any deficiency;  and

(c)   to what extent, if any, community attitudes towards death and dying may be changing and to what extent, if any, the law relating to dying needs to be clarified or amended.

 

Hon. H. Allison to move ‑ That this House ‑

(a)   deplores the decision by the Commonwealth Minister for Land Transport to close South Australia's regional rail passenger services by the end of 1990;

(b)   believes the decision to be in breach of clauses 7 and 9 of the Railways Transfer Agreement, 1975;

(c)   seeks clarification from the Commonwealth Government about the fate of our regional rail freight services;  and

(d)   calls on the State Government ‑

(i)    to employ all possible legal avenues to ensure that South Australia is not reduced to being the only mainland State without regional rail services;  and

(ii)   to investigate and confirm long term options for ensuring that regional and rural areas of South Australia have access to efficient and effective passenger and freight transportation services in the future.

 

For Thursday 13 December 1990

            Notices of Motion: Other Business

 

Mr Becker to move ‑ That this House congratulates the South Australian Sea Rescue Squadron Incorporated on 30 years of promoting safety at sea and search and rescue.


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Mr Becker to move ‑ That he have leave to introduce a Bill for an Act to amend the Summary Offences Act, 1953.

 

Mr Becker to move ‑ That this House congratulates the Federal Airports Corporation on its action of responsibly upgrading Adelaide Airport and deplores the article "Low Flying" written by Peter Ward in the magazine section of The Advertiser on 3 November 1990.

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Present during the day ‑ All the Members except Hon M.K. Mayes.

 

 

 

 

 

                                                                                                                                                    N.T. Peterson

                                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY