No. 28

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                ____________

 

 

                           WEDNESDAY 18 MAY 1994

 

 

 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. 11

     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. 13 of 1994 - An Act to provide for the imposition and collection of a tax in respect of certain debits made to accounts kept with financial institutions; to repeal the Debits Tax Act 1990; and to make a related amendment to the Taxation (Reciprocal Powers) Act 1989.

     No. 14 of 1994 - An Act to amend the Stamp Duties Act 1923.

     No. 15 of 1994 - An Act to amend the Acts Interpretation Act 1915.

     No. 16 of 1994 - An Act to amend the Adelaide Festival Centre Trust Act 1971.

     No. 17 of 1994 - An Act to provide for the transfer of the part of the undertaking of the State Bank of South Australia to a company formed to carry on the business of banking under the law of the Commonwealth; to make consequential amendments to the State Bank of South Australia Act 1983; to make consequential amendments to the Commercial and Private Agents Act 1986, the Government Financing Authority Act 1982, the Industrial Relations Act (SA) 1972, the Land Agents, Brokers and Valuers Act 1973, the Legal Practitioners Act 1981, the Local Government Act 1934, the Oaths Act 1946, the Public Finance and Audit Act 1987, the State Supply Act 1985 and the Trustee Act 1936, and for other purposes.

     No. 18 of 1994 - An Act to amend the Parliamentary Committees Act 1991 and to make consequential and related amendments to the Development Act 1991, the Environment Protection Act 1993 and the Parliamentary Remuneration Act 1990.

     No. 19 of 1994 - An Act to amend the Criminal Law Consolidation Act 1935.

     Government House, 18 May 1994                     R.F. Mitchell, GOVERNOR

 

 3   Petition No. 57

     The Clerk announced that the following Member had lodged a Petition for presentation:

 

     57 Mr Lewis, from 50 residents of South Australia, requesting that the House urge the Government to ensure that water to consumers drawn from the River Murray is filtered.

 

 4   Answers to questions

     Answers to questions on the Notice Paper Nos 9, 61, 88, 92, 127, 136, 138, 140, 146, 150, 153, 157, 171 and 179 and a question without notice were tabled by the Speaker.

 

 5   Papers

     The following Papers were tabled:

 

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

        Occupational Health, Safety and Welfare Act - Regulations - Employer Registration Fee

 

     By the Minister for Housing, Urban Development and Local Government Relations (Hon. J.K.G. Oswald) -

        Local Government Act 1934 - Regulations - Register of Officers' Interests

        City of West Torrens - By-law No. 13 - Signs.

 

 6   Questions

     Questions without notice were asked.

 

 7   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

 8   Next day of sitting

     The Deputy Premier (Hon. S.J. Baker) moved - That the House, at its rising, adjourn until Tuesday 21 June at 2.00 p.m.

     Question put and passed.

 

 9   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. 4.

 

 10  Superannuation (Miscellaneous) Amendment Bill

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

 

                                In Committee

 

     Resolved - That the amendment be agreed to.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

11   Statutes Amendment (Closure of Superannuation Schemes) Bill

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

 

                                In Committee

     Resolved - That amendment No. 1 be agreed to.

     Resolved - That amendments Nos 2 and 3 be disagreed to and alternative amendments be made in lieu thereof.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to Amendment No. 1 without amendment  and had disagreed to Amendments Nos 2 and 3 and had made alternative amendments in lieu thereof.

 

12   Statutes Amendment (Constitution and Members Register of Interests) Bill

     Order of the Day read for the consideration of Message No. 68 from the Legislative Council.

 

     Conference

     The Deputy Premier moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and place for holding it be the House of Assembly Committee Room, at 4.30 p.m. today; and that Messrs Atkinson and Foley, Mrs Greig, Mrs Kotz and the mover be the Managers on the part of this House.

     Question put and passed.

 

13   Liquor Licensing (Gaming Machines) 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 agreed to.

                        Clause No. 3 read.

     Mr Quirke moved on page 2, line 1 to leave out the word "subsection:" and insert in lieu thereof the following:

     "Subsections:"

     (5A)    Where the licensing authority endorses a license under subsection (5)(d) to authorise the sale of liquor to any person, it must include as a condition on the licence that every person employed or engaged on the premises to which the licence relates is covered by an appropriate industrial award or agreement.

     Question put and negatived.

                        Clause agreed to.

                        Clauses Nos 4 to 8 agreed to.

                        Title agreed to.

                                ____________

 

     The House having resumed:

     Hon. H. Allison 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.

 

14   Messages from the Legislative Council

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

 

     Industrial and Employee Relations Bill                  Message No. 80

     MR SPEAKER - The Legislative Council has agreed to the Bill transmitted herewith, titled an Act about the relationship of employer and employee; and other matters, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 13 May 1994                  H.P.K. Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

     No. 1 Page 1, lines 18 and 19 (clause 3) - Leave out paragraph (b)  and insert new paragraph as follows:-

           ‘(b)  to contribute to the economic prosperity and welfare of the people of South Australia; and’.

     No. 2 Page 1, line 23 (clause 3) - Leave out “, where appropriate,”.

     No. 3 Page 2 (clause 3) - After line 14 insert the following:-

           ‘and

           (m)   to help prevent and eliminate discrimination in employment in accordance with State and Commonwealth law.’.

     No. 4 Page 3, line 1 (clause 4) - Leave out definition of “contract of employment” and insert new definition as follows:-

           ‘“contract of employment” means -

           (a)   a contract recognised at common law as a contract of employment under which a person is employed for remuneration in an industry; or

           (b)   a contract under which a person (the “employer”) engages another (the “employee”) to drive a vehicle that is not registered in the employee’s name to provide a public passenger service (even though the contract would not be recognised at common law as a contract of employment); or

           (c)   a contract under which a person engages another to carry out personally the work of cleaning premises (even though the contract would not be recognised at common law as a contract of employment); or

           (d)   a contract under which a person (the “employer”) engages another (the “employee”) to carry out work as an outworker (even though the contract would not be recognised at common law as a contract of employment);’.

     No. 5 Page 3 (clause 4) - After line 3 insert new definition as follows:-

           ‘“demarcation dispute” includes -

           (a)   a dispute within an association or between associations about the rights, status or functions of members of the association or associations in relation to the employment of those members; or

           (b)   a dispute between employers and employees, or between members of different associations, about the  demarcation of functions of employees or classes of employees; or

           (c)   a dispute about the representation under this Act of the industrial interests of employees by an association of employees;’.

     No. 6 Page 3, lines 4 and 5 (clause 4) - Leave out the definition of “Deputy President” and insert new definition as follows:-

           ‘“Deputy President” means a Deputy President of the Commission;’.

     No. 7 Page 4, lines 28 to 32 and page 5, lines 1 to 13 (clause 4) - Leave out the definition of “industrial matter” and insert new definition as follows:-

           ‘“industrial matter” means a matter affecting the rights, privileges or duties of employers or employees (including prospective employers or employees), or the work to be done in employment, including, for example -

           (a)   the wages, allowances or remuneration of employees or prospective employees in an industry, or the piece-work, contract or other prices paid or to be paid for the employment, including any loading or amount that may be included in wages, allowances, remuneration or prices as compensation for lost time and the wages, allowances or remuneration to be paid for work done during overtime or on holidays, or for other special work, and also the question whether piece-work will be allowed in an industry;

           (b)   the hours of employment in an industry, including the lengths of time to be worked, and the quantum of work or service to be done, to entitle employees to any given wages, allowances, remuneration or prices, and what times are to be regarded as overtime;

           (c)   the age, qualification or status of employees, and the manner, terms and conditions of employment;

           (d)   the relationship of employer and apprentice;

           (e)   the employment of juniors and apprentices in an industry (including the number or proportion that may be employed);

           (f)   the employment of any person, or of any class of persons, in addition to those referred to above, in an industry;

           (g)   the refusal or neglect, without reasonable cause or excuse, of any person bound by an award, order or enterprise agreement to offer or accept employment, or to continue to be employed on the terms of the award, order or agreement;

           (h)   any established or allegedly established custom or usage of an industry, either generally or in a particular locality;

           (i)   the monetary value of allowances granted to or enjoyed by employees;

           (j)   the dismissal of an employee by an employer;

           (k)   a demarcation dispute;

           (l)   the performance of work nude or partially nude, or in transparent clothing;

           (m)   a matter classified as an industrial matter by  regulation;

           (n)   all questions of what is right and fair in relation to an industrial matter having regard to the interests of the persons immediately concerned and of society as a whole;’.

     No. 8 Page 5, lines 26 to 30 (clause 4) - Leave out the definition of “outworker” and insert new definition as follows:-

           ‘“outworker” - See section 4A;’.

     No. 9 Page 6, lines 5 to 8 (clause 4) - Leave out the definitions of “President” and “Presidential Member” and insert new definitions as follow:-

           ‘“President” means the President of the Commission;

           “Presidential Member” means the President or a Deputy President of the Commission;’.

     No. 10   Page 7 - After line 19 insert new clause as follows:-

           4A. ‘Outworkers  (1)  A person is an outworker if -

           (a)   the person is engaged, for the purposes of the trade or business of another (the “employer”) to -

               (i)  work on, process or pack articles or materials; or

              (ii)  carry out clerical work; or

           (b)   a body corporate of which the person is an officer or employee and for which the person personally performs all or a substantial part of the work undertaken by the body corporate is engaged, for the purposes of the trade or business of another (the “employer”) to -

               (i)  work on, process or pack articles or materials; or

              (ii)  carry out clerical work,

           and the work is carried out in or about a private residence or premises of a prescribed kind that are not business or commercial premises.

           (2)   A person is also an outworker if -

              (a)   the person is engaged, for the purposes of the trade or business of another (the “employer”) to -

                 (i)                                   negotiate or arrange for the performance of work by outworkers; or

                 (ii)                                  distribute work to, or collect work from, outworkers; or

              (b)   a body corporate of which the person is an officer or employee and for which the person personally performs all or a substantial part of the work undertaken by the body corporate is engaged, for the purposes of the trade or business of another (the “employer”) to -

                  (i)                                  negotiate or arrange for the performance of work by outworkers;

                 (ii)                                  distribute work to, or collect work from, other outworkers.

           (3)   This Act applies to the employment of outworkers only to the extent it is extended to such employment under the terms of an award or enterprise agreement.’.

     No. 11   Page 7, lines 23 and 24 (clause 5) - Leave out paragraph  (b).

     No. 12   Page 9, lines 4 and 5 (clause 7) - Leave out the clause and insert new clause as follows:-

           7. ‘Continuation of the Court  The Industrial Court of South Australia continues in existence as the Industrial Relations Court of South Australia.’.

     No. 13   Page 9, lines 15 to 17 (clause 10) - Leave out subclause (2) and insert new subclause as follows:-

           ‘(2)  In exercising its interpretative jurisdiction -

           (a)   the Court should have regard to any evidence that is reasonably available to it of what the author of the relevant part of the award or enterprise agreement, and the parties to the award or enterprise agreement, intended it to mean when it was drafted; and

           (b)   if a common intention is ascertainable - give effect to that intention.’.

     No. 14   Page 9 - After line 22 insert new clause as follows:-

           11A. ‘Declaratory jurisdiction The Court has jurisdiction to make declaratory judgments conferred by other provisions of this Act1.

                 1.  See, for example, section 105(3).’.

     No. 15   Page 10, lines 28 to 33 (clause 14) - Leave out the clause and insert new clause as follows:-

           14. ‘Composition of the Court  The Court’s judiciary consists of -

           (a)   the Senior Judge1 of the Court; and

           (b)   the other Judges of the Court; and

           (c)   the industrial magistrates.

                 1.  Note, however, that a person who becomes the principal judicial officer of the Court under the transitional provisions, retains the title “President” (See schedule 1, section 9).’

     No. 16   Page 11, lines 1 to 9 (clause 15) - Leave out the clause and insert new clause as follows:-

           15. ‘The Senior Judge  (1)  The Senior Judge is the principal judicial officer of the Court.

           (2)   The Senior Judge is responsible for the administration of the Court.

           (3)   If the Senior Judge is absent from official duties, responsibility for administration of the Court devolves on a Judge of the Court appointed by the Governor to act in the Senior Judge’s absence or, if no such appointment has been made, on the most senior of the Judges who is available to undertake the responsibility.’.

     No. 17   Page 11, lines 10 to 27 (clause 16) - Leave out the clause and insert new clause as follows:-

‘DIVISION 4 - CONDITIONS OF JUDICIAL OFFICE

           16. The Senior Judge (1)  The Senior Judge of the Court is a District Court Judge assigned by the Governor, by proclamation, to be the Senior Judge of the Court.

           (2)   Before the Governor makes an assignment under this section, the Attorney-General must consult with the Chief Judge of the District Court on the proposed action.

           (3)   A person ceases to hold office as the Senior Judge of the Court if the person ceases to be a judge of the District Court.’.

     No. 18   Page 11, lines 28 to 30 (clause 17) - Leave out the clause and insert new clause as follows:-

           17. ‘Other Judges of the Court (1)  A Judge of the Court is a District Court Judge assigned by the Governor, by proclamation, to be a Judge of the Court.

           (2)   There will be as many Judges of the Court as the Governor considers necessary.

           (3)   Before the Governor makes an assignment under this section, the Attorney-General must consult with the Chief Judge of the District Court on the proposed action.

           (4)   A person ceases to hold office as a Judge of the Court if the person ceases to be a judge of the District Court.’.

     No. 19   Page 11, lines 31 to 33 (clause 18) - Leave out the clause and insert new clause as follows:-

           18. ‘General provisions about assignment to the Court’s judiciary (1)  The Court’s judiciary is made up of the members of its principal judiciary (i.e.  those members of its judiciary who are occupied predominantly in the Court) and its ancillary judiciary (i.e.  those members of its judiciary who are not occupied predominantly in the Court).

           (2)   The principal judiciary consists of -

              (a)   the Senior Judge of the Court; and

              (b)   the Judges and industrial magistrates who are classified by the proclamations of assignment as members of the Court’s principal judiciary.

           (3)   An assignment to be a member of the Court’s principal or ancillary judiciary will be until -

              (a)   in the case of a Judge - the Judge reaches 70 years of age; or

              (b)   in the case of an industrial magistrate - the magistrate reaches 65 years of age.

           (4)   However, the Governor may, by proclamation made at the request or with the consent of the Judge or magistrate concerned -

              (a)   change the terms of an assignment so that a member of the Court’s principal judiciary becomes a member of its ancillary judiciary, or a member of the Court’s ancillary judiciary becomes a member of its principal judiciary; or

              (b)   revoke an assignment to the Court’s principal or ancillary judiciary.

           (5)   An assignment as a member of the Court’s ancillary judiciary will be for a term specified in the proclamation of assignment (which may be renewed or extended, by proclamation, from time to time) but no such term of assignment may extend beyond the time when the person reaches -

              (a)   in the case of a Judge - 70 years of age; or

              (b)   in the case of an industrial magistrate - 65 years of age.’.

     No. 20   Page 11, lines 34 to 36 and page 12, lines 1 and 2 (clause 19) - Leave out the clause.

     No. 21   Page 12, lines 3 to 11 (clause 20) - Leave out the clause.

     No. 22   Page 12, lines 12 to 14 (clause 21) - Leave out the clause.

     No. 23   Page 12, line 18 (clause 22) - Leave out “the President” and insert “the Senior Judge”.

     No. 24   Page 13, lines 4 and 5 (clause 24) - Leave out the clause and insert new clause as follows:-

           24. ‘Continuation of the Commission The Industrial Commission of South Australia  continues in existence as the Industrial Relations Commission of South Australia.’.

     No. 25   Page 13 (clause 27) - After line 22 insert new paragraph as follows:-

           ‘(ca) jurisdiction to hear and determine any matter or thing arising from or relating to an industrial matter; and’.

     No. 26   Page 14, lines 3 to 12 (clause 30) - Leave out the clause and insert new clause as follows-

           30. ‘The President (1)  The President of the Commission is a person appointed by the Governor to be the President of the Commission.

           (2)   Before a person is appointed (or reappointed) as the President of the Commission, the Minister must consult confidentially about the proposed appointment with a panel consisting of -

              (a)   a nominee of the United Trades and Labor Council; and

              (b)   a nominee of the South Australian Employers’ Chamber of Commerce and Industry; and

              (c)   a nominee of the House of Assembly appointed by resolution of that House; and

              (d)   a nominee of the Legislative Council appointed by resolution of the Council; and

              (e)   the Commissioner of Public Employment,

           (and for the purposes of the consultation must inform the members of the panel all persons short-listed for appointment).

           (3)   The Senior Judge of the Court may (but need not) be appointed as the President of the Commission.

           (4)   The President is responsible for the administration of the Commission.

           (5)   If the President is absent from official duties, responsibility for administration of the Commission devolves on a Deputy President appointed by the Governor to act in the President’s absence or, if no such appointment has been made, on the most senior of the Deputy Presidents who is available to undertake the responsibility.’.

     No. 27   Page 14, lines 13 to 17 (clause 31) - Leave out the clause and insert new clause as follows:-

           31. ‘The Deputy Presidents (1)  A Deputy President of the Commission is a person appointed by the Governor to be a Deputy President of the Commission.

           (2)   Before a person is appointed (or reappointed) as the Deputy President of the Commission, the Minister must consult confidentially about the proposed appointment with a panel consisting of -

              (a)   a nominee of the United Trades and Labor Council; and

              (b)   a nominee of the South Australian Employers’ Chamber  of Commerce and Industry; and

              (c)   a nominee of the House of Assembly appointed by resolution of that House; and

              (d)   a nominee of the Legislative Council appointed by resolution of the Council; and

              (e)   the Commissioner of Public Employment,

           (and for the purposes of the consultation must inform the members of the panel all persons short-listed for appointment).

           (3)   A Judge of the Court may (but need not) be appointed as a Deputy President of the Commission.’.

     No. 28   Page 14, lines 18 to 23 (clause 32) - Leave out the clause and insert new clause as follows:-

           32. ‘Eligibility for appointment A person is eligible for appointment as the President or a Deputy President of the Commission if -

           (a)   the person is the Senior Judge or another Judge of the Court; or

           (b)   the person’s qualifications, experience and standing in the community are of a high order and appropriate to the office to which the appointment is to be made.’.

     No. 29   Page 14, lines 24 to 30 (clause 33) - Leave out the clause and insert new clause as follows:-

           33. ‘Term of appointment (1)  An appointment as the President or a Deputy President of the Commission will be for a term of 6 years which may be renewed for one further term of 6 years.

           (2)   However, a term of appointment cannot extend beyond the time when the appointee reaches 65 years of age and, if that time is less than 6 years from the date the appointment is made or renewed, the appointment will be made or renewed for a term ending when the person reaches 65 years of age.’.

     No. 30   Page 15, line 8 (clause 34) - Leave out paragraph (b)  and insert new paragraph as follows:-

           ‘(b)  completes a term of appointment and is not reappointed; or’.

     No. 31   Page 15 (clause 35) - After line 13 insert new subclause as follows:-

           ‘(1A) Before a person is appointed (or reappointed) as a Commissioner, the Minister must consult confidentially about the proposed appointment with a panel consisting of -

                 (a)                                   a nominee of the United Trades and Labor Council; and

                 (b)                                   a nominee of the South Australian Employers’ Chamber of Commerce and Industry; and

                 (c)                                   a nominee of the House of Assembly appointed by resolution of that House; and

                 (d)                                   a nominee of the Legislative Council appointed by resolution of the Council; and

                 (e)                                   the Commissioner of Public Employment,

           (and for the purposes of the consultation must inform the members of the panel all persons short-listed for appointment).’.

     No. 32   Page 15, line 18 (clause 35) - After “affairs” insert “nominated by the Minister after consultation with associations representing the interests of employers and associations representing the interests of employees”.

     No. 33   Page 15, lines 26 to 32 and page 16, lines 1 to 3 (clause 36) - Leave out the clause and insert new clause as follows:-

           36. ‘Term of appointment (1)  An appointment as an Industrial Relations Commissioner or an Enterprise Agreement Commissioner will be for a term (which may be renewed from time to time) specified in the instrument of appointment.

           (2)   An appointment as a Commissioner will be for a term of 6 years which may be renewed for one further term of 6 years.

           (3)   However -

              (a)   a Commissioner may be appointed on an acting basis and, in that case, the term of appointment will be for a term of not more than six months; and

              (b)   a term of appointment cannot extend beyond the time when the appointee reaches 65 years of age and, if that time is less than 6 years from the date the appointment is made or renewed, the appointment will be made or renewed for a term ending when the person reaches 65 years of age.’.

     No. 34   Page 19, line 29 (clause 44) - Leave out subparagraph (i) and insert new subparagraph as follows:-

           ‘(i)  if the Senior Judge of the Court or the President of the Commission (as the case requires) directs the member to withdraw from the proceedings; or’.

     No. 35   Page 20, lines 2 to 6 (clause 45) - Leave out the clause and insert new clause as follows:-

           45. ‘Protection for officers The members of the Court’s judiciary, the members of the Commission, and a Registrar or other person who exercises the jurisdiction of the Court or the Commission,  has the same privileges and immunities as a Judge of the Supreme Court.’.

     No. 36   Page 20, line 9 (clause 46) - Leave out “President” and insert “Senior Judge”.

     No. 37   Page 22 (clause 53) - After line 26 insert new subclause as follows:-

           ‘(5)  This section does not apply to the Minister or the chief executive of the department (who are members of the Committee ex officio).’.

     No. 38   Page 23, line 23 (clause 57) - Leave out “unless its members are unanimously of the opinion” and insert “unless the committee resolves”.

     No. 39   Page 24, lines 9 and 10 (clause 58) - Leave out subclause (2).

     No. 40   Page 24 - After line 10 insert new clauses as follow:-

           58A. ‘Appointment and conditions of office of Employee Ombudsman (1)  The Employee Ombudsman is appointed by the Governor for a term of 6 years which may be renewed for one further term of 6 years.

           (2)   Before a person is appointed (or reappointed) as the Employee Ombudsman, the Minister must consult confidentially about the proposed appointment with a panel consisting of -

              (a)   a nominee of the United Trades and Labor Council; and

              (b)   a nominee of the South Australian Employers’ Chamber of Commerce and Industry; and

              (c)   a nominee of the House of Assembly appointed by resolution of that House; and

              (d)   a nominee of the Legislative Council appointed by resolution of the Council; and

              (e)   the Commissioner of Public Employment,

           (and for the purposes of the consultation must inform the members of the panel all persons short-listed for appointment).

           (3)   The office of Employee Ombudsman becomes vacant if the Employee Ombudsman -

              (a)   dies; or

              (b)   reaches 65 years of age; or

              (c)   completes a term of appointment and is not reappointed; or

              (d)   resigns by written notice given to the Minister; or

              (e)   becomes mentally or physically incapable of carrying out official duties and is removed from office by the Governor on that ground; or

              (f)   is removed from office by the Governor on presentation of an address from both Houses of Parliament asking for the removal of the Employee Ombudsman from office.

           (4)   Except as provided by this section, the Employee Ombudsman cannot be removed from office.

           58B. Remuneration and conditions of office (1)  The Employee Ombudsman is entitled to the remuneration determined by the Remuneration Tribunal.

           (2)  The other conditions of office are to be as determined by the Governor.

           58C. Independence of the office The Employee Ombudsman is not subject to control or direction by the Minister.

           58D. Employee Ombudsman’s access to Legislative Review Committee The Employee Ombudsman may consult with the Legislative Review Committee of the Parliament on questions affecting the administration of the Employee Ombudsman’s office.’.

     No. 41   Page 24, lines 11 to 13 (clause 59) - Leave out the clause.

     No. 42   Page 24, lines 15 to 27 (clause 60) - Leave out subclause (1) and insert new subclause as follows:-

           ‘(1)  The Employee Ombudsman’s functions are -

              (a)   to advise employees on their rights and obligations under awards and enterprise agreements; and

              (b)   to advise employees on available avenues of enforcing their rights under awards and enterprise agreements; and

              (c)   to investigate claims by employees or associations representing employees of coercion in the negotiation of enterprise agreements; and

              (d)   to scrutinise enterprise agreements lodged for approval under this Act and to intervene in the proceedings for approval if the Employee Ombudsman considers there is sufficient reason to do so; and

              (e)   to represent employees in proceedings (other than proceedings for unfair dismissal) if -

                 (i)                                   the employee is not otherwise represented; and

                 (ii)                                  it is in the interests of justice that such representation be provided; and

              (f)   to advise individual home-based workers who are not covered by awards or enterprise agreements on the negotiation of individual contracts; and

              (g)   to investigate the conditions under which work is carried out in the community under contractual arrangements with outworkers and other examinable arrangements; and

              (h)   to provide an advisory service on the rights of employees in the workplace on occupational health and safety issues.’.

     No. 43   Page 24, line 28 (clause 60) - Leave out “, with the Minister’s approval,”.

     No. 44   Page 24, line 31 (clause 60) - Leave out “(and must be revoked if the Minister requires its revocation)”.

     No. 45   Page 25, lines 2 to 4 (clause 61) - Leave out subclause (1) and insert new subclause as follows:-

           ‘(1)  The Employee Ombudsman must, before 30 September in each year, prepare a report on the work of the Employee Ombudsman’s office during the financial year that ended on the preceding 30 June and forward copies of the report to the Presiding Members of both Houses of Parliament to be laid before their respective Houses at the earliest opportunity.’.

     No. 46   Page 25, lines 8 and 9 (clause 61) - Leave out subclause (3).

     No. 47   Page 26, lines 16 to 32 and page 27, lines 1 to 7 (clause 66) - Leave out the clause and insert new clause as follows:-

           66. ‘Form of payment to employee (1)  If an employee does work for which the remuneration is fixed by an award or enterprise agreement, the employer must pay the employee in full, and without deduction, the remuneration so fixed.

           (2)   The payment must be made -

              (a)   in cash; or

              (b)   if authorised in writing by the employee or in an award or enterprise agreement by an employee association whose membership includes the employee or employees who do the same kind of work -

                 (i)                                   by cheque (which must be duly met on presentation at the bank on which it is drawn) payable to the employee; or

                 (ii)                                  by postal order or money order payable to the employee; or

                 (iii)                                 by payment into a specified account with a financial institution.

           (3)   However, the employer may deduct from the remuneration -

              (a)   an amount the employer is authorised, in writing, by the employee to deduct and pay on behalf of the employee; and

              (b)   an amount the employer is authorised to deduct and pay on behalf of the employee under an award or enterprise agreement; and

              (c)   an amount the employer is authorised or required to deduct by order of a court, or under a law of the State or the Commonwealth.

           (4)   An employee may, by giving written notice to the employer, withdraw an authorisation under this section.

           (5)   Despite the other provisions of this section, remuneration may be paid by the Crown to an employee by cheque or by payment into an account with a financial institution specified by the employee, but, if payment is by cheque, there must be no deduction from the amount payable because the payment is made by cheque.’.

     No. 48   Page 29 - After line 2 insert new clause as follows:-

           70A. ‘Objects of this Part  The objects of this Part are -

           (a)   to encourage and facilitate the making of agreements governing remuneration, conditions of employment and other industrial matters at the enterprise or  workplace level; and

           (b)   to provide a framework for fair and effective negotiation and bargaining between employers and employees with a view to the making of such agreements and to provide for the participation of associations in the process of negotiation and bargaining; and

           (c)   to ensure that award remuneration and conditions of employment operate as a safety net underpinning the negotiated agreements at the enterprise or workplace level; and

           (d)   to provide for improved flexibility in conditions of employment at the enterprise and workplace level with consequent increases in efficiency and productivity.’.

     No. 49   Page 29, line 9 (clause 72) - Leave out “An” and insert “However, an”.

     No. 50   Page 29 - After line 16 insert new clause as follows:-

           72A. 'Negotiation of enterprise agreement (1)  An employer must, before beginning negotiations on the terms of an enterprise agreement give the employees who may be bound by the agreement at least 14 days’ notice, in accordance with procedures prescribed by regulation, that negotiations are about to begin (but notice is not required if the agreement is negotiated to settle an industrial dispute, or the Commission determines that there is good reason in the circumstances of the case to exempt the employer from this requirement).

           (2)   The employer must, before beginning negotiations on the terms of an enterprise agreement, inform the employees of their right to representation in the negotiation, and proceedings for approval, of the agreement and, in particular, that an employee may be represented by the Employee Ombudsman, an agent of an employee’s choice, or an association of employees.

           (3)   If an employer is aware that an employee is a member of an association, the employer must, before beginning negotiations on the terms of an enterprise agreement, take reasonable steps to inform the association that the negotiations are about to begin.

           (4)   An employer who negotiates an enterprise agreement with employees who are subject to an award must ensure that the employees have reasonable access to the award.

           (5)   A person involved in negotiations for an enterprise agreement must comply with procedures and formalities applicable to that person that are required by regulation.’.

     No. 51   Page 29, lines 17 to 32 and page 30, lines 1 to 14 (clause 73) - Leave out the clause and insert new clause as follows:-

           73. ‘Form and content of enterprise agreement  (1)  An enterprise agreement -

           (a)   must be in writing; and

           (b)   must -

              (i)   specify the employer to be bound by the agreement; and

              (ii)  define the group of employees to be bound by the agreement; and

           (c)   must include procedures for preventing and settling industrial disputes between the employer and employees bound by the agreement; and

           (d)   if a majority of at least two-thirds of the total number of employees to be covered by the agreement agree - may include a provision giving an association of employees that is able to represent the industrial interests of the employees’ rights to represent the industrial interests of those employees to the exclusion of another association of employees1; and

                 1However, the provision must be consistent with section 109(1).

           (e)   must provide that sick leave is available, subject to limitations and conditions prescribed in the agreement, to an employee if the leave becomes necessary because of the sickness of a child, spouse, parent or grandparent (unless the agreement specifically excludes the extension of sick leave to such circumstances); and

           (f)   must make provision for the renegotiation of the agreement at the end of its term; and

           (g)   must be signed as required by regulation by or on behalf of the employer, and on behalf of the group of employees, to be bound by the agreement.

           (2)   An enterprise agreement should be submitted to the Commission for approval within 21 days after the agreement is signed by or on behalf of the persons who are to be bound by it.’.

     No. 52   Page 30, lines 17 to 34 (clause 75) - Leave out the clause and insert new clause as follows:-

           75. ‘Approval of enterprise agreement (1)  Subject to subsection (5), the Commission must approve an enterprise agreement if, and must not approve an enterprise agreement unless, it is satisfied that -

           (a)   before the application for approval was made, reasonable steps were taken -

              (i)   to inform the employees who are covered by the agreement about the terms of the agreement and the intention to apply to the Commission for approval of the agreement; and

              (ii)  to explain to those employees, the effect the agreement will have if approved and, in particular -

                 °  to identify those terms of an award (if any) that currently apply to the employees and will, if the agreement is approved, be excluded by the agreement; and

                 °  to explain the procedures for preventing and settling industrial disputes as prescribed by the agreement; and

                 °  to inform the employees of their right to representation in the negotiation, and  proceedings for approval, of the agreement and, in particular, that an employee may be represented by the Employee Ombudsman, an agent of an employee’s choice, or an association of employees; and

           (b)   the agreement has been negotiated without coercion and a majority of the employees covered by the agreement have genuinely agreed to be bound by it; and

           (c)   if the agreement is entered into by an association as representative of the group of employees bound by the agreement - a majority of the employees currently constituting the group have authorised the association, in writing, to act on behalf of the group and their written authorisations have been delivered to the Commission as required by regulation; and

           (d)   the agreement provides for consultation between the employer and the employees bound by the agreement about changes to the organisation and performance of work or the parties have agreed that it is not appropriate for the agreement to contain provision for such consultation; and

           (e)   the agreement -

              (i)   is, on balance, in the best interests of the employees covered by the agreement (taking into account the interests of all employees); and

              (ii)  does not provide for remuneration or other conditions of employment that are inferior to the scheduled standards; and

              (iii) does not provide for remuneration or conditions of employment that are (considered as a whole) inferior to remuneration or conditions of employment (considered as a whole) prescribed by the award (if any) that applies to the employees at the time of the application for approval; and

           (f)   the agreement is consistent with the objects of this Part; and

           (g)   the agreement complies with the other requirements of this Act.

           (2)   The Commission must refuse to approve an enterprise agreement if a provision of the agreement discriminates against an employee because of, or for reasons including, race, colour, sex, sexual preference, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

           (3)   The Commission must not approve an enterprise agreement if the agreement applies to part of a single business or a distinct operational or organisational part of a business and the Commission considers that -

              (a)   the agreement does not cover employees who should be covered having regard to -

                 (i)                                   the nature of the work performed by the employees whom the agreement does cover; and

                 (ii)                                  the relationship between that part of the business and the rest of the business; and

              (b)   it is unfair that the agreement does not cover those employees.

           (4)   In deciding whether to approve an enterprise agreement, the Commission must identify the employees (if any) who are covered by the agreement but whose interests may not have been sufficiently taken into account in the course of negotiations and must do whatever is necessary to ensure that those employees understand the effect of the agreement and their interests are properly taken into account.

           (5)   Despite subsection (1)(d)(ii) and (iii), the Full Commission may, on referral of an enterprise agreement by a member of the Commission who considered the agreement in the first instance, approve the agreement if the Full Commission is satisfied that -

              (a)   a majority of at least two-thirds of the total number of employees to be covered by the agreement is in favour of making the agreement; and

              (b)   the enterprise is suffering significant economic difficulties; and

              (c)   the agreement would make a material contribution to the alleviation of those difficulties; and

              (d)   there are reasonable prospects of the economic circumstances of the enterprise improving within the term of the agreement; and

              (e)   having regard to any relevant award (which should be considered as a whole), the agreement does not substantially disadvantage the employees covered by the agreement.

           (6)   An enterprise agreement must also be referred to the Full Commission for approval if the member of the Commission before whom the question of approval comes in the first instance is in serious doubt about whether the agreement should be approved.’.

     No. 53   Page 30 - After line 34 insert new clause as follows:-

           75A. ‘Extent to which aspects of negotiations and terms of the agreement are to be kept confidential (1)  An association that enters into an enterprise agreement as representative of a group of employees, must not disclose to the employer which employees authorised the association to act on their behalf.

           (2)   However -

              (a)   an association, if authorised in writing by an employee, may disclose to an employer that the association is authorised to act on behalf of the employee; and

              (b)   an association may be authorised by the Commission to disclose to an employer the identity of employees who authorised the association to act on their behalf and may be required by the Commission to disclose the identity of those employees to the Commission.

           (3)   An enterprise agreement, once approved, must be lodged in the Registrar’s office and must, subject to an order under subsection (4), be available for public inspection.

           (4)   The Commission may, if satisfied that an order under this subsection is justified by the exceptional nature or circumstances of the case, declare that an enterprise agreement or a particular part of an enterprise agreement is to be kept confidential to the persons bound by it, and make an order suppressing public disclosure of the agreement or the relevant part of the agreement (but an order under this subsection cannot prevent disclosure of the agreement to the Employee Ombudsman).

           (5)   A person must not contravene an order of the Commission under subsection (4).

           Penalty:  Division 7 fine.’.

     No. 54   Page 31, lines 6 and 7 (clause 76) - Leave out subclause (3) and insert new subclause as follows:-

           ‘(3)  An enterprise agreement operates to exclude the application of an award only to the extent of inconsistency with the award.’.

     No. 55   Page 31, lines 8 to 13 (clause 77) - Leave out the clause and insert new clause as follows:-

           77. ‘Commission’s jurisdiction to intervene in industrial dispute between persons bound by enterprise agreement  (1)  An enterprise agreement cannot limit -

           (a)   the Commission’s powers of conciliation; or

           (b)   the Commission’s powers to settle industrial disputes between the employer and the employees bound by the agreement.

           (2)   However -

              (a)   before the Commission intervenes in an industrial dispute between an employer and employees bound by an enterprise agreement, the Commission should ensure that the procedures laid down in the agreement for settling industrial disputes have been followed and have failed to resolve the dispute; and

              (b)   a determination made by the Commission in settlement of such a dispute -

                 (i)                                   must not be made in relation to a condition of employment that is a subject-matter of the agreement (unless the determination is to correct an ambiguity or uncertainty in the agreement); and

                 (ii)                                  must be consistent with the agreement.’.

     No. 56   Page 31, lines 15 to 18 (clause 78) - Leave out subclause (1) and insert new subclause as follows:-

           ‘(1)  An enterprise agreement continues in force for a term specified in the agreement (not exceeding two years).’.

     No. 57   Page 31, line 19 (clause 78) - Leave out “presumptive”.

     No. 58   Page 31, line 23 (clause 78) - Leave out “the presumptive” and insert “its”.

     No. 59   Page 31, lines 26 to 30 (clause 79) - Leave out  subclauses (1) and (2) and insert new subclauses as follow:-

           ‘(1)  The Commission may vary an enterprise agreement -

              (a)   to give effect to an amendment agreed between the employer and a majority of the employees currently bound by the agreement; or

                 (b)                                   to correct an ambiguity or uncertainty in the agreement.

           (2)   In deciding whether to vary an enterprise agreement, the Commission must (unless the variation is merely to correct an ambiguity or uncertainty) apply the same tests as apply to the approval of an enterprise agreement.’.

     No. 60   Page 31, line 31 (clause 79) - Leave out “presumptive”.

     No. 61   Page 31, line 34 (clause 79) - Leave out “may” and insert “must”.

     No. 62   Page 31, line 34 (clause 79) - Leave out “presumptive”.

     No. 63   Page 32, lines 1 and 2 (clause 79) - Leave out paragraph (b).

     No. 64   Page 32, line 5 (clause 80) - After “action” insert “in relation to a matter dealt with in the agreement”.

     No. 65   Page 32 - After line 15 insert new clause as follows:-

           81A. ‘Representation An association of employers or employees may, subject to the provisions of any relevant enterprise agreement1, represent members of the association in negotiations and proceedings under this Part.

                 1See section 73(2)(ca).’.

     No. 66   Page 32, lines 16 to 21 (clause 82) - Leave out the clause and inset new clause as follows:-

           82. 'Confidentiality (1)  If an enterprise agreement prohibits the disclosure of information of a confidential nature, a person who discloses the information contrary to the agreement is guilty of an offence.

           Penalty:  Division 9 fine.

           (2)   However, an enterprise agreement cannot prohibit the disclosure of information of a statistical nature to the Minister.’.

     No. 67   Page 33, lines 5 and 6 (clause 84) - Leave out subclause (1) and insert new subclause as follows:-

           ‘(1)  The Commission may make an award about remuneration and other industrial matters1.

                 1. Any of the bodies or persons mentioned in section 187 may bring an application for the making of an award.’.

     No. 68   Page 33, line 8 (clause 84) - Leave out paragraph (a)  and insert new paragraph as follows:-

           ‘(a)  the Commission cannot regulate the composition of an employer’s workforce except in relation to the employment of juniors and apprentices; and’.

     No. 69   Page 33, lines 9 and 10 (clause 84) - Leave out paragraph (b)  and insert new paragraph as follows:-

           ‘(b)  if there is an inconsistency between an award and an enterprise agreement, then, while the agreement continues in force, the agreement prevails to the extent of the inconsistency.’.

     No. 70   Page 33, lines 11 to 13 (clause 84) - Leave out paragraph (c).

     No. 71   Page 33 (clause 84) - After line 13 insert new subclauses as follow:-

           ‘(2A) The Commission may provide in an award for annual leave, sick leave or parental leave on terms that are more favourable to employees than the scheduled standards.

           (2B)  The Commission may refrain from hearing, further hearing, or determining an application for an award binding only one employer or two or more employers who together carry on a single business or for variation of such an award for so long as the Commission -

                 (a)                                   considers that, in all the circumstances, the parties concerned should try to negotiate an enterprise agreement to deal with the subject matter of the application; and

                 (b)                                   is not satisfied that there is no reasonable prospect of the parties making such an agreement.’.

     No. 72   Page 33, lines 24 and 25 (clause 85) - Leave out subclause (2).

     No. 73   Page 33, lines 26 to 28 (clause 86) - Leave out the clause and insert new clause as follows:-

           86. 'Retrospectivity (1)  An award of the Commission has, if it so provides, retrospective operation.

           (2)   However, an award cannot operate retrospectively from a day antecedent to the day on which the application for the award was lodged with the Commission unless -

              (a)   the date of operation is fixed by consent of all parties to the proceedings; or

              (b)   there is a nexus between the award and -

                 (i)                                   another award of the Commission; or

                 (ii)                                  an award or agreement under the Commonwealth Act,

                 and, in view of the nexus, it is imperative that there should be common dates of operation; or

              (c)   the award gives effect, in whole or part and with or without modification, to principles, guidelines or conditions relating to remuneration enunciated or laid down in, or attached to, a relevant decision or declaration of the Commonwealth Commission and there are reasons of exceptional cogency for giving it a retrospective operation.’.

     No. 74   Page 34, lines 13 to 17 (clause 91) - Leave out the clause and insert new clause as follows:-

           91. 'Effect of amendment or rescission of award The variation or rescission of an award does not affect -

           (a)   legal proceedings previously commenced under or in relation to the award; or

           (b)   rights existing at the time of the variation or rescission.’.

     No. 75   Page 34, lines 26 and 27 (clause 93) - Leave out subclause (1) and insert new subclause as follows:-

           ‘(1)  The Commission must review each award at least once in every three years.’.

     No. 76   Page 36, line 24 (clause 95) - Leave out paragraph (d).

     No. 77   Page 37, lines 5 and 6 (clause 96) - Leave out “, subject to the terms of the award or enterprise agreement,” and insert “, subject to subsection (6),”.

     No. 78   Page 39, lines 1 to 10 (clause 97) - Leave out subclauses (2) and (3) and insert new subclauses as follow:-

           ‘(2)  If an employee bound by an award or enterprise agreement asks the employer for a copy of the award or agreement, the employer must give the employee a copy of the award or agreement within 14 days after the date of the request.

           Penalty:  Division 9 fine.

           Expiation fee:  Division 10 fee.

           (3)   However, an employer is not obliged to comply with a request under subsection (2) if -

              (a)   the employer has previously given the employee a copy of the award or agreement within the preceding 12 months; or

              (b)   the Commission has, on the application of the employer, relieved the employer from the obligation to comply with the request.

           (4)   An employer must ensure that a copy of an award or enterprise agreement is exhibited at a place that is reasonably accessible to the employees bound by the award or agreement.

           Penalty:  Division 9 fine.

           Expiation fee:  Division 10 fee.

           (5)   However, an enterprise agreement, or a part of an enterprise agreement, that the Commission has suppressed from public disclosure under this Act1 need not be exhibited under subsection (4).

                 1See section  75A.’.

     No. 79   Page 40, lines 1 to 4 (clause 98) - Leave out subclause (7) and insert new subclause as follows:-

           ‘(7)  If an inspector puts a question to a person through an interpreter, the question will, for the purposes of this Act, be taken to have been put to the person by the inspector and an answer to the question given by the person to the interpreter will be taken to have been given to the inspector (and in any legal proceedings it will be presumed that the interpreter’s translation of the answer is the person’s answer to the question as put by the inspector unless it is shown that the interpreter mistranslated the question or the answer).’.

     No. 80   Page 41 (clause 99) - After line 5 insert the following:-

           ‘(Note:  The Commission may extend the 14 day period under section 160 of the Act.)’.

     No. 81   Page 41, lines 6 to 10 (clause 99) - Leave out subclause (2) and insert new subclause as follows:-

           ‘(2)  An application cannot be made under this section if -

              (a)   proceedings to appeal against or review the employee’s dismissal have been commenced under another law of the State; or

              (b)   the dismissed employee is an employee of a class excluded by regulation (which must, however, be consistent with the Termination of Employment Convention) from the ambit of this Part.’.

     No. 82   Page 41, lines 24 to 33 (clause 100) - Leave out subclauses (3) and (4) and insert new subclause as follows:-

           ‘(3)  The person presiding at the conference must, at the conclusion of the conference, give an indication of the person’s assessment of the merits of the application and may, if the person thinks fit, recommend the withdrawal of an application, or make recommendations on how the questions at issue might be resolved.’.

     No. 83   Page 42, lines 3 and 4 (clause 101) - Leave out all words in these lines and insert “whether, on the balance of probabilities, the dismissal was harsh, unjust or unreasonable”.

     No. 84   Page 42, line 5 (clause 101) - Leave out “, who is redundant, on the ground of redundancy”.

     No. 85   Page 42, line 8 (clause 101) - After “dismissal” insert “solely on the ground that the payment is inadequate”.

     No. 86   Page 42, lines 26 to 28 (clause 102) - Leave out all words in these lines after “the Commission” in line 26.

     No. 87   Page 42 (clause 102) - After line 38 insert new subclause as follows:-

           ‘(3)  The Commission may decline to make an order under this section, or to grant any other form of relief, if the employee is pursuing a similar remedy that may be available on the same facts under another Act of the South Australian Parliament, or if it appears that the employee may pursue such a remedy.’.

     No. 88   Page 43, line 4 (clause 103) - Leave out “must” and insert “may”.

     No. 89   Page 43, line 8 (clause 103) - Leave out “must” and insert “may”.

     No. 90   Page 43, line 10 (clause 103) - After “employee” insert “if the Commission is satisfied that the employee has acted unreasonably”.

     No. 91   Page 43, lines 14 and 15 (clause 104) - Leave out subclause (1) and insert new subclause as follows:-

           ‘(1)  The Commission must hand down its determination on an application under this Part, and its reasons for the determination, within three months after the parties finish making their final submissions on the application.’.

     No. 92   Page 43 (clause 105) - After line 26 insert new subclauses as follow:-

           ‘(3)  The Court may, on application by the Minister, declare what (if any) modifications to this Part are necessary to provide an adequate alternative remedy as required under subsection (2).

           (4)   The modifications specified in a declaration under this section take effect as if they had been enacted by the Parliament.’.

     No. 93   Page 46 - After line 14 insert new clause as follows:-

           109A. ‘Conscientious objection (1)  If a person satisfies the Registrar by the evidence required by the Registrar that the person has a genuine conscientious objection by reason of a religious belief to becoming a member of an association, the Registrar must issue a certificate of conscientious objection to the person.

           (2)   The Registrar must cancel a certificate of conscientious objection if asked to do so by the person for whom it was issued.’.

     No. 94   Page 46, lines 16 to 18 (clause 110) - Leave out subclause (1) and insert new subclause as follows:-

           ‘(1)  An employer must not discriminate against or in favour of an employee or prospective employee on the ground that -

              (a)   the employee is or has been a member or officer of an association; or

              (b)   the employee or prospective employee is not, or has not been, a member or officer of an association; or

              (c)   the employee or prospective employee holds or does not hold a certificate of conscientious objection under this Act.’.

     No. 95   Page 49 (clause 115) - After line 11 insert the following:-

           ‘and

           (g)   in the case of an association of employees - that the association is not dependent for financial or other resources on an employer, employers, or an association of employers and is, in other respects, independent of control or significant influence by an employer, employers or an association of employers.’.

     No. 96   Page 53, line 5 (clause 123) - Leave out paragraph (c).

     No. 97   Page 55, line 21 (clause 128) - Leave out paragraph (c).

     No. 98   Page 57 - After line 10 insert new clause as follows:-

           130A. ‘Limitations of actions in tort (1)  Subject to this section, no action in tort lies in respect of an act or omission done or made in contemplation or furtherance of an industrial dispute.

           (2)   This section does not prevent -

              (a)   an action for the recovery of damages for death or personal injury; or

              (b)   an action for the recovery of damages for damage to property (not being economic damage); or

              (c)   an action for conversion or detinue; or

              (d)   an action for defamation.

           (3)   If an industrial dispute has been resolved by conciliation or arbitration and the Full Commission determines on application under this section that, in the  circumstances of the case, the industrial dispute arose or was prolonged by unreasonable conduct on the part of a particular person, then the applicant may bring an action in tort against that person despite subsection (1).

           (4)   If the Full Commission determines, on application under this section, that -

              (a)   all means provided under this Act for resolving an industrial dispute by conciliation or arbitration have failed or there is no immediate prospect of resolving the dispute; and

              (b)   having regard to the nature of the dispute and the gravity of its consequences, it is in the public interest to allow the action,

              then the applicant may bring an action in tort despite subsection (1).

           (5)   The Full Commission must, in hearing and determining an application under subsection (3)(b), act as expeditiously as possible.’.

     No. 99   Page 57, lines 11 to 23 (clause 131) - Leave out the clause.

     No.100 Page 57, line 25 (clause 132) - After “must not” insert “, except at the request of the        person”.

     No.101 Page 57, lines 34 and 35 (clause 133) - Leave out “, as far as they relate to members of the                                        association,”.

     No.102 Page 58, lines 9 to 12 (clause 133) - Leave out subclause (3).

     No.103 Page 61, lines 26 to 28 (clause 143) - Leave out “and” and paragraph (b).

     No.104 Page 63, lines 12 to 14 (clause 146) - Leave out subclause (3) and insert new subclause as        follows:-

           ‘(3)  However, only the Minister or the Employee Ombudsman (apart from the persons who are bound or to be bound by the enterprise agreement or their representatives) may be heard in proceedings related to an enterprise agreement matter.’.

     No.105 Page 63 (clause 148) - After line 28 insert new subclause as follows:-

           ‘(3)  Any relief granted by the Court or the Commission must be consistent with the provisions of this Act.’.

     No.106 Page 64, line 20 (clause 151) - Leave out paragraph (a)  and insert new paragraph as         follows:-

           ‘(a)  the Senior Judge or another Judge; or’.

     No.107 Page 66, line 22 (clause 158) - Leave out “by” and insert “be”.

     No.108 Page 69, lines 17 to 20 (clause 171) - Leave out subclauses (1) to (3) and insert new        subclauses as  follow:-

           ‘(1)  The Senior Judge of the Court may make rules of the Court.

            (2)  The President of the Commission may make rules of the Commission.

            (3)  The Senior Judge of the Court, and the President of the Commission, may jointly make rules applicable both to the Court and the Commission and, as far as practicable, should do so.’.

     No.109 Page 70, lines 1 to 5 (clause 171) - Leave out subclause (5) and insert new subclause as        follows:-

           ‘(5)  Subject to this Act and the relevant rules -

              (a)   the practice and procedure of the Court will be as directed by the Senior Judge; and

              (b)   the practice and procedure of the Commission will be as directed by the President of the Commission.’.

     No.110 Page 71, lines 8 and 9 (clause 173) - Leave out subclause (1) and insert new subclause as        follows:-

           ‘(1)  A monetary claim may be made on behalf of a claimant by an association.’.

     No.111 Page 72, lines 15 and 16 (clause 179) - Leave out subclause (1) and insert new subclause        as follows:-

           ‘(1)  The Court must hand down its judgment and its reasons for the judgment, on a monetary claim within three months after the parties finish making their final submissions on the claim.’.

     No.112 Page 72, line 17 (clause 179) - Leave out “President” and insert “Senior Judge”.

     No.113 Page 73, lines 7 and 8 (clause 184) - Leave out subclause (1) and insert new subclause as        follows:-

           ‘(1)  An appeal lies to the Supreme Court from a judgment, order or decision of the Full Court if -

              (a)   the appeal is based on an alleged excess or deficiency of jurisdiction; or

              (b)   the Supreme Court grants leave to bring the appeal.’.

     No.114 Page 74, lines 18 to 21 (clause 187) - Leave out paragraphs (d)  and (e)  and insert new          paragraphs as follow:-

           ‘(d)  a registered association of employers; or

            (e)  a registered association of employees; or’.

     No.115 Page 74, lines 27 to 30 (clause 188) - Leave out subclause (2) and insert new subclause as        follows:-

           ‘(2)  The substance of an application and the day and time it is to be heard must be -

              (a)   advertised in the manner prescribed in the rules; or

              (b)   communicated to all persons who are likely to be affected by a determination in the proceedings or their representatives.’.

     No.116 Page 75 (clause 193) - After line 36 insert new subclause as follows:-

           ‘(3)  The amount certified under subsection (2) will be paid out of money appropriated by Parliament for the purpose.’.

     No.117 Page 76 (clause 194) - After line 14 insert new subclause as follows:-

           ‘(6)  The amount certified under subsection (5) will be paid out of money appropriated by Parliament for the purpose.’.

     No.118 Page 78, lines 13 and 14 (clause 200) - Leave out paragraph (a).

     No.119 Page 78 (clause 200) - After line 18 insert new paragraph as follows:-

           ‘and

           (d)   an appeal may only be brought against the approval, variation or rescission of an enterprise agreement by a person bound by the agreement or a representative of such a person.’.

     No.120 Page 84, lines 3 to 7 (clause 211) - Leave out the clause.

     No.121 Page 85, lines 18 and 19 (clause 213) - Leave out “and the terms of enterprise agreements”.

     No.122 Page 85, lines 32 to 34 (clause 214) - Leave out subclause (2) and insert new subclause as        follows:-

           ‘(2)  Copies of all determinations of the Commission must be kept available for public inspection at the office of the Registrar unless -

              (a)   the determination is of an interlocutory nature; or

              (b)   the determination relates to an enterprise agreement or part of an enterprise agreement that has been suppressed from public disclosure under this Act1.

                 1See section 75A.’.

     No.123 Page 86, lines 6 to 20 (clause 216) - Leave out the clause and insert new clause as follows:-

           216. ‘Secondary boycotts The provisions of Part 6, Division 7 of the Commonwealth Act (Secondary Boycotts) apply as laws of the State with the following modifications:                             

           (a)   references to the Commonwealth Court and the Commonwealth Commission are to be read as references to the Court and the Commission; and

           (b)   any further modifications and exclusions necessary for the operation of the provisions as laws of the State.’.

     No.124 Page 86, lines 21 to 27 (clause 217) - Leave out the clause.

     No.125 Page 87 (clause 220) - After line 30 insert new subclause as follows:-

           ‘(1A) The provision of advice in a reasonable manner to an employee about issues surrounding an enterprise agreement (or potential enterprise agreement) cannot be regarded as improper pressure under subsection (1).’.

     No.126 Page 89, line 8 (clause 226) - After “or other monetary sum” insert “under this Act”.

     No.127 Page 89 (clause 227) - After line 24 insert new subclause as follows:-

           ‘(1A) If a defence is made out by an employer under subsection (1), the person responsible for the act or omission alleged to constitute the offence may be prosecuted and convicted of the offence as if that person were the employer.’.

     No.128 Page 90, line 12 (clause 230) - Leave out “before” and insert “summarily by”.

     No.129 Page 91 (Schedule 1) - After line 6 insert new clause as follows:-

           2A. ‘Amendment of Courts Administration Act 1993 The Courts Administration Act 1993  is amended by inserting after paragraph (ba)  of the definition of “participating courts” in section 4 the following paragraph:

           (bb)  the Industrial Relations Court of South Australia;’.

     No.130 Page 91, line 35, clause 6 (Schedule 1) - Leave out “12 months” and insert “2 years”.

     No.131 Page 92, line 4, clause 6 (Schedule 1) - Leave out “10 months” and insert “20 months”.

     No.132 Page 92, line 16, clause 7 (Schedule 1) - Leave out “23 March 1994” and insert “14 May          1994”.

     No.133 Page 92, lines 19 and 20, clause 8 (Schedule 1) - Leave out subclause (1) and insert new          subclause as follows:-

           ‘(1)  A certificate under section 144 of the former Act (a “section 144 certificate”) continues in force (unless cancelled by the Registrar at the request of the person for whom the certificate was issued) as a certificate of conscientious objection under this Act and a reference in an award or agreement to a section 144 certificate will be construed as a reference to a certificate of conscientious objection under this Act.’.

     No.134 Page 92, lines 25 to 36, clause 9 (Schedule 1) - Leave out clause 9 and insert new clauses          as follow:-

           9. ‘The President of the former Court (1)  The person holding office as President of the former Court immediately before the commencement of this Act -

           (a)   becomes on the commencement of this Act the Senior Judge of the Court (and is entitled while continuing in the office to the title of President of the Court); and

           (b)   continues, while holding that office, to have the same rank, status and precedence as a Judge of the Supreme Court and to be entitled to be styled “The Honourable Justice..............................”.

           (2)   The person to whom subsection (1) applies is, while continuing to hold office as the Senior Judge of the Court under this section, a member of the principal judiciary of the Court.

           (3)   The provisions of the former Act about salary, tenure and conditions of office relating to the office of President of the former Court apply (with the necessary modifications) to the office of Senior Judge of the Court for as long as the person to whom subsection (1) applies continues to hold that office.

           (4)   Other provisions of this Act that are inconsistent with this section must be read subject to this section.

           9A. Deputy Presidents of the Court (1)  Each person who held office as a Deputy President of the former Court immediately before the commencement of this Act becomes, on that commencement, a judge of the Court.

           (2)   A person to whom subsection (1) applies is, while continuing to hold office as a Judge of the Court under this section, a member of the principal judiciary of the Court.

           (3)   The provisions of the former Act about salary,  tenure and conditions of office relating to the office of Deputy President of the former Court apply (with necessary modifications) to the office of a judge to whom subsection (1) applies for as long as the judge continues to hold office in accordance with those provisions as a judge of the Court.

           (4)   Other provisions of this Act that are inconsistent with this section must be read subject to this section.

           9B. Industrial magistrates  (1)  Each person who held office under the former Act as an industrial magistrate immediately before the commencement of this Act becomes, on the commencement of this Act, a magistrate under the Magistrates Act 1983.

           (2)   A magistrate to whom subsection (1) applies will, for so long as he or she continues to hold office under the Magistrates Act 1983,  continue to be an industrial magistrate and a member of the principal judiciary of the Court unless he or she resigns the office of industrial magistrate.

           (3)   A person may resign the office of industrial magistrate under this section without resigning as a magistrate under the Magistrates Act 1983.

           (4)   The accrued and accruing rights in respect of employment of a magistrate to whom this section applies are unaffected by this section.

           (5)   Other provisions of this Act that are inconsistent with this section must be read subject to this section.

           9C.   Other officers of former Court and Commission (1)  A person who held office as a commissioner under the former Act immediately before the commencement of this Act becomes, on the commencement of this Act, unless the Governor otherwise determines, a commissioner under this Act as if appointed on the commencement of this Act as a commissioner under this Act.

           (2)   The commissioner will be taken to have been appointed for a term of six years (which may be renewed once for a further term of six years) but if the commissioner is over 60 at the time of the appointment or renewal, the term will end when the commissioner reaches 65 years of age.

           (3)   The Registrar and other staff of the former Court and the former Commission (other than those specifically mentioned above) are, on the commencement of this Act, transferred to corresponding positions on the staff of the Court or the Commission (or both) under this Act.

           (4)   The salary and accrued and accruing rights to annual leave, sick leave, family leave and long service leave of persons who are transferred by this section to offices and positions under this Act are not to be prejudiced by the transfer.

           (5)   However, a salary difference that exists between a transferee and another person in the same office or position, and in favour of the transferee, is not preserved beyond the point when the salary of the other person reaches or exceeds the level of the transferee’s salary at the time of transfer.’.

     No.135 Page 93, line 7, clause 12 (Schedule 1) - Leave out “, subject to this Act,”.

     No.136 Page 93, clause 12 (Schedule 1) - After line 7 insert new subclause as follows:-

           ‘(2)  During the prescribed period1, no objection of a prescribed nature2 to the registration of an association under this Act may be taken.

                 1. The prescribed period is the period beginning on the commencement of this Act and ending on 1 January 1997.

                 2.  An objection is of a prescribed nature if it is of a kind that was formerly prevented by section 55 of the Industrial Conciliation and Arbitration (Commonwealth Provisions) Amendment Act 1991.’.

     No.137 Pages 94 to 101 (Schedule 2) - Leave out the schedule.

     No.138 Page 102, lines 3 to 6, clause 1 (Schedule 3) - Leave out the clause and insert new clause          as follows:-

           1. ‘Minimum rate of remuneration (1)  The minimum rate of remuneration for an employee for whom there is an award and an award classification is the hourly rate prescribed by the award applicable to ordinary hours of employment (not including payments in the nature of allowances, penalties, loadings or overtime).

           (2)   If there is no applicable award and award classification, the minimum rate of remuneration is a rate fixed by the Full Commission under this section.

           (3)   The Full Commission may, on its own initiative, or on application by the Minister, the United Trades and Labor Council, or the South Australian Employers’ Chamber of Commerce and Industry -

              (a)   fix a minimum rate of remuneration for a class of employees for whom there is no applicable minimum rate under subsection (1); or

              (b)   vary a minimum rate previously fixed.’.

     No.139 Page 103, line 6, clause 1 (Schedule 4) - Leave out “or absence” from the definition of                                         “continuous service”.

     No.140 Page 103, lines 11 and 12, clause 2 (Schedule 4) - Leave out “or” and paragraph (b).

     No.141 Page 105, line 6, clause 1 (Schedule 5) - Leave out “or absence” from the definition of                                         “continuous service”.

     No.142 Page 105, lines 11 and 12, clause 2 (Schedule 5) - Leave out “or” and paragraph (b).

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

    

                                In Committee

 

     Resolved - That Amendments Nos 1 to 50 be agreed to.

                        Amendment No. 51 considered.

    

     To report progress and ask leave to sit again.

                                ____________

 

     The House having resumed:

     Hon. H. Allison 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.

 


     WorkCover Corporation Bill                              Message No. 81

     MR SPEAKER - The Legislative Council does not insist on its Amendments Nos 2 and 15 in the WorkCover Corporation Bill to which the House of Assembly has disagreed, but has agreed to the amendments made by the House of Assembly to the words reinstated by the said disagreement, and has agreed to the amendments made by the House of Assembly to Amendments Nos 9 and 17 of the Legislative Council, without any amendment.  The Legislative Council does not insist on its Amendment No. 23, disagrees to the amendment made by the House of Assembly for the reason indicated by the annexed Schedule, but makes an alternative amendment to the Council's amendment and desires the concurrence of the House of Assembly thereto.  The Bill is returned herewith.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 

Schedule of the amendment made by the House of Assembly to Legislative Council's

Amendment No. 23 and the Legislative Council's alternative amendment to its Amendment No. 23

 

     Legislative Council's Amendment No. 23

     Page 15, lines 17 to 19 (clause 2(4) Schedule) - Leave out subclause (4) and insert new subclause as follows:-

     '(4)  A person who is transferred to the Corporation under subclause (1) (c) -

        (a)   continues, while he or she remains an employee of the Corporation, to be entitled to receive notice of vacant positions in the Public Service and to be appointed or transferred to such positions as if he or she were still a member of the Public Service; and

        (b)   must not be disadvantaged in any other way by the transfer.'

 

     House of Assembly's amendment thereto

     Leave out paragraph (b) of proposed new subclause (4).

 

     Legislative Council's alternative amendment to its Amendment No. 23

     Page 15, lines 17 to 19 (clause 2(4) Schedule) - Leave out subclause (4) and insert new subclause as follows:-

     '(4)  A person who is transferred to the employment of the Corporation under subclause (1) (c) -

        (a)   continues, while he or she remains an employee of the Corporation, to be entitled to receive notice of vacant positions in the Public Service and to be appointed or transferred to such positions as if he or she were still a member of the Public Service; and

        (b)   retains accrued and accruing rights in respect of employment (including the right to the accrual of long service leave) on the same basis as applies to persons employed in the Public Service.'.

 

Schedule of the reason for disagreeing to the House of Assembly's amendment

     Because the provision clarifies the Bill.

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

     Workers Rehabilitation and Compensation (Administration)

        Amendment Bill                                       Message No. 82

     MR SPEAKER - The Legislative Council does not insist on its Amendments Nos 14 to 16 and 20 in the Workers Rehabilitation and Compensation (Administration) Amendment Bill to which the House of Assembly has disagreed, does not insist on its Amendments Nos 4, 9 and 13 to which the House of Assembly has disagreed, and has agreed to the alternative amendments made by the House of Assembly in lieu thereof, does not insist on its Amendment No. 12 but agrees to the alternative amendment made by the House of Assembly with an amendment, and desires the concurrence of the House of Assembly to this amendment.  The Legislative Council has agreed to the amendments made by the House of Assembly to Amendment No. 7 of the Legislative Council and the House of Assembly's consequential amendments upon Amendment No. 8 of the Legislative Council without any amendment.  The Legislative Council insists on its Amendments Nos 10, 11, 17, 18, 19 and 21 and disagrees with the amendments made by the House of Assembly to the words reinstated by the said disagreement in relation to Amendments Nos 10, 11, 17 and 18 for the reason indicated by the annexed Schedule, but has made amendments indicated by the annexed Schedule relevant to its Amendments Nos 10 and 19 so insisted upon, and desires the concurrence of the House of Assembly to these amendments.  The Bill is returned herewith.

     Legislative Council, 8 May 1994                   H.P.K. Dunn, PRESIDENT

 

         Schedule of the amendments made by the Legislative Council

                  relevant to the Amendments insisted upon

 

     Legislative Council’s Amendment No. 10 insisted on -

     Page 6, lines 27 to 33 (clause 6) - Leave out proposed subsections (5) and (6) and insert proposed subsections as follow:-

     ‘(5)  A disability that arises out of, or in the course of, a journey arises from employment only if -

        (a)   the journey is undertaken in the course of carrying out duties of employment; or

        Examples -

        °  A school employee is required to drive a bus taking school children on an excursion and has an accident resulting in disability in the course of the journey.

        °  A  worker is employed to pick up and deliver goods for a business and has an accident resulting in disability in the course of a journey to pick up or deliver goods for the business or a return journey to the worker’s place of employment after doing so.

        (b)   the journey is between -

           (i)   the worker’s place of residence and place of employment; or

           (ii)  the worker’s place of residence or place of employment and -

              °  an educational institution the worker attends under the terms of an apprenticeship or other legal obligation, or at the employer’s request or with the employer’s approval; or

              °  a place the worker attends to receive medical treatment, to obtain a medical report or certificate, to participate in a program of rehabilitation, or to apply for or receive compensation for a compensable disability,

           and there is a real and substantial connection between the employment and the accident out of which the disability arises.

           Examples -

           °  A worker is employed to work at separate places of employment so that travelling is inherent in the nature of the employment and has an accident while on a journey between the worker’s place of residence and a place of employment.

           °  A worker must, because of the requirements of the employer, travel an unusual distance or on an unfamiliar route to or from work and has an accident while on a journey between the worker’s  place of residence and a place of employment.

           °  A worker works long periods of overtime, or is subjected to other extraordinary demands at work, resulting in physical or mental exhaustion, and has, in consequence, an accident on the way home from work.

           °  A worker becomes disorientated by changes in the pattern of shift work the worker is required to perform and has, in consequence, an accident on the way to or from work.

        (6)   The journey between places mentioned in subsection (5)(b)  must be a journey by a reasonably direct route but may include an interruption or deviation if it is not, in the circumstances of the case, substantial, and does not materially increase the risk of injury to the worker.’

 

     Legislative Council’s Amendment relevant to Amendment No. 10 insisted on -

     New section (5)(a) - Leave out examples.

     New subsection (5)(b) - Leave out paragraph (b) (including the examples) and substitute -

     (b)   the journey is between -

        (i)   the worker’s place of residence and place of employment; or

        (ii)  the worker’s place of residence or place of employment and -

           °  an educational institution the worker attends under the terms of an apprenticeship or other legal obligation, or at the employer’s request or with the employer’s approval; or

           °  a place the worker attends to receive a medical service, to obtain a medical report or certificate (or to be examined for that purpose), to participate in a rehabilitation program, or to apply for or receive  compensation for a compensable disability,

        and there is a real and substantial connection between the employment and the accident out of which the disability arises.

     After subsection (5) - Insert -

     (5a)  However, the fact that a worker has an accident in the course of a journey to or from work does not in itself establish a sufficient connection between the accident and the employment for the purposes of subsection (5)(b).

 

     Legislative Council’s Amendment No. 19 insisted on -

     Page 10 - After line 2 insert new clause as follows:-

     11A. 'Amendment of s.53 - Determination of claim

     Section 53 of the principal Act is amended by inserting after subsection (7) the following subsection:

     (7A)  For the purposes of subsection (7), an  appropriate case is one where -

     (a)   the redetermination is necessary to give effect to an agreement reached between the parties to an application for review or to reflect progress (short of an agreement) made by the parties to such an application in an attempt to resolve questions by agreement; or

     (b)   the claimant deliberately withheld information that should have been supplied to the Corporation and the original determination was, in consequence, based on inadequate information.’

 

     Legislative Council’s Amendment relevant to Amendment No. 19 insisted on -

     New subsection (7A) - Insert the following paragraphs after paragraph (b):

     (c)   the redetermination is appropriate by reason of new information that was not available and could not reasonably have been discovered by due enquiry at the time that the original determination was made; or

     (d)   the original determination was made as the result of an administrative error and the redetermination is made within two weeks of the making of the original determination; or

     (e)   the redetermination is made in prescribed circumstances.

     After new subsection (7A) - Insert -

     (7B)  A regulation made for the purposes of subsection (7A)(e)  cannot come into operation until the time for disallowance has passed.

 

Schedule of the amendment to the House of Assembly’s amendment relevant to the words reinstated by the disagreement to Amendment No. 12 of the Legislative Council

 

     House of Assembly’s amendment -

     Page 7, lines 27 to 33 (clause 6) - Leave out subsection (2) and insert new subsection as follows:-

     ‘(2)  However-

     (a)   a worker will not be presumed to be acting in the course of employment if the worker is guilty of misconduct or acts in contravention of instructions from the employer, or voluntarily subjects himself/herself to an abnormal risk of injury, during the course of an attendance under section 30(3); and

     (b)   a disability is not compensable if it is established on the balance of probabilities that the disability is wholly or predominantly attributable to -

        (i)   serious and wilful misconduct on the part of the worker; or

        (ii)  the influence of alcohol or a drug voluntarily consumed by the worker (other than a drug lawfully obtained and consumed in a reasonable quantity by the worker).’

 


     Legislative Council’s amendment thereto -

     New subsection (2)(a) - Leave out “, or voluntarily subjects himself/herself to an abnormal risk of injury,”.

 

Schedule of the Amendments of the Legislative Council disagreed to by the House of Assembly

 and of the Amendments made by the House of Assembly relevant to the words reinstated

by the said disagreement.

 

     Legislative Council’s Amendment No. 10 -

     Page 6, lines 27 to 33 (clause 6) - Leave out proposed subsections (5) and (6) and insert proposed subsections as follow:-

     ‘(5)  A disability that arises out of, or in the course of, a journey arises from employment only if -

     (a)   the journey is undertaken in the course of carrying out duties of employment; or

        Examples -

        °  A school employee is required to drive a bus taking school children on an excursion and has an accident resulting in disability in the course of the journey.

        °  A  worker is employed to pick up and deliver goods for a business and has an accident resulting in disability in the course of a journey to pick up or deliver goods for the business or a return journey to the worker’s place of employment after doing so.

     (b)   the journey is between -

        (i)   the worker’s place of residence and place of employment; or

        (ii)  the worker’s place of residence or place of employment and -

           °  an educational institution the worker attends under the terms of an apprenticeship or other legal obligation, or at the employer’s request or with the employer’s approval; or

           °  a place the worker attends to receive medical treatment, to obtain a medical report or certificate, to participate in a program of rehabilitation, or to apply for or receive compensation for a compensable disability,

           and there is a real and substantial connection between the employment and the accident out of which the  disability arises.

        Examples -

        °  A worker is employed to work at separate places of employment so that travelling is inherent in the nature of the employment and has an accident while on a journey between the worker’s place of residence and a place of employment.

        °  A worker must, because of the requirements of the employer, travel an unusual distance or on an unfamiliar route to or from work and has an accident while on a journey between the worker’s place of residence and a place of employment.

        °  A worker works long periods of overtime, or is subjected to other extraordinary demands at work, resulting in physical or mental exhaustion, and has, in consequence, an accident on the way home from work.

        °  A worker becomes disorientated by changes in the pattern of shift work the worker is required to perform and has, in consequence, an accident on the way to or from work.

     (6)   The journey between places mentioned in subsection (5)(b)  must be a journey by a reasonably direct route but may include an interruption or deviation if it is not, in the circumstances of the case, substantial, and does not materially increase the risk of injury to the worker.’

 

     House of Assembly’s Amendment relevant to the words reinstated by the said disagreement -

     Page 6, lines 27 to 33 (clause 6) - Leave out proposed new subsections (5) and (6) and insert -

     (5)   A disability that arises out of, or in the course of a journey, arises from employment if, and only if—

        (a)   the journey is between two places at which the worker is required to carry out duties of employment with the same employer; or

        (b)   the journey is between—

            (i)  the worker's place of employment and an educational institution the worker attends under the terms of an apprenticeship or other legal obligation, or at the employer's request or with the employer's approval; or

           (ii)  the worker's place of residence or place of employment and a place the worker attends to receive a medical service, to obtain a medical report or certificate (or to be examined for the purpose), to participate in a rehabilitation program, or to apply for, or receive, compensation, for a compensable disability; or

        (c)   the journey is between the worker's place of residence and place of employment and the accident out of which the disability arises is wholly or predominantly attributable to the performance of duties of  employment1.

     (6)   However, the fact that a worker has an accident in the course of a journey to or from work is not in itself a sufficient causal nexus between the accident and the employment for the purposes of subsection (5)(c).

            1 Example: A worker works long periods of overtime, or is subjected to other extraordinary demands at work, and is involved in an accident on the way home from work because of physical or mental exhaustion resulting from the worker's employment.

     (7)   The journey between places mentioned in subsection (5) must be a journey by a reasonably direct route but may include an interruption or deviation if it is not, in the circumstances of the case, substantial, and does not materially increase the risk of injury to the worker.

 

     Legislative Council’s Amendment No. 11-

     Page 7, lines 1 to 18 (clause 6) - Leave out proposed section 30A and insert proposed section as follows:-

     30A. 'Stress-related disabilities A disability consisting of an illness or disorder of the mind caused by stress is compensable if and only if -

     (a)   stress arising out of employment was a substantial cause of the disability; and

     (b)   the stress did not arise wholly or predominantly from -

        (i)   reasonable action taken in a reasonable manner by the employer to transfer, demote, discipline, counsel, retrench or dismiss the worker; or

        (ii)  a decision of the employer, based on reasonable grounds, not to award or provide a promotion, transfer, or benefit in connection with the worker’s employment; or

        (iii) reasonable administrative action taken in a reasonable manner by the employer in connection with the worker’s employment; or

        (iv)  reasonable action taken in a reasonable manner under this Act affecting the worker.’

 

     House of Assembly’s Amendment relevant to the words reinstated by the said disagreement -

     Page 7, lines 1 to 18 (clause 6) - Leave out proposed new section 30A and insert—

     30A. 'Stress-related disabilities A disability consisting of an illness or disorder of the mind caused by stress is compensable if and only if—

     (a)   the stress arises wholly or predominantly from employment; and

     (b)   the stress is not, to a significant extent, attributable to—

        (i)   reasonable action to transfer, demote,  discipline, counsel, retrench or dismiss the worker; or

        (ii)  a reasonable decision not to award or provide a promotion, transfer or benefit in connection with the worker's employment; or

        (iii) a reasonable administrative action in connection with the worker's employment; or

        (iv)  a reasonable act, decision or requirement under this Act affecting the worker; or

        (v)   a reasonable act, decision or requirement that is incidental or ancillary to any of the above.

 

     Legislative Council’s Amendment No. 17 -

     Page 8, lines 28 to 34 and page 9, lines 1 to 15 (clause 9) - Leave out the clause and insert new clause as follows:-

     9. 'Substitution of s.42  Section 42 of the principal Act is repealed and the following section is substituted:

     42. 'Commutation of liability to make weekly payments (1)  A liability to make weekly payments under this Division may, on application by the worker, be commuted to a liability to make a capital payment that is actuarially equivalent to the weekly payments.

     (2)   However, the liability may only be commuted if -

        (a)   the incapacity is permanent; and

        (b)   the actuarial equivalent of the weekly payments does not exceed the prescribed sum1.

     (3)   The Corporation has (subject to this section) an absolute discretion to commute or not to commute a liability under this section, and the Corporation’s decision to make or not to make the commutation is not reviewable (but a decision on the amount of a commutation is reviewable).

     (4)   If the Corporation decides to make a commutation and makes an offer to the worker, the Corporation cannot, without the agreement of the worker, subsequently revoke its decision to make the commutation.

     (5)   In calculating the actuarial equivalent of weekly payments, the principles (and any discount, decrement or inflation rate) prescribed by regulation must be applied.

     (6)   A commutation discharges the Corporation’s liability to make weekly payments to which the commutation relates.

     Notes -

       1.  The reference to the prescribed sum is a reference to the prescribed sum for the purposes of Division 5 - See s.43(11).

    

     House of Assembly’s Amendment relevant to the words reinstated by the said disagreement -

     Page 9, lines 2 to 4 (clause 9) - Leave out subsection (3) and insert—

     (3)   The Corporation has a discretion to commute or not to commute a liability under this section and the exercise of that discretion is not reviewable (but if the Corporation decides to make a commutation then its decision on the amount of the commutation is reviewable).

    

     Legislative Council’s Amendment No. 18-

     Page 9, lines 21 to 34 (clause 10) - Leave out subsections (14) to (18) and insert the following:-

     ‘(14) A liability to make weekly payments under this section may, on application by the person entitled to the weekly payments, be commuted to a liability to make a capital payment that is actuarially equivalent to the weekly payments.

     (15)  However, the liability may only be commuted if the actuarial equivalent of the weekly payments does not exceed the prescribed sum1.

     (16)  The Corporation has (subject to this section) an absolute discretion to commute or not to commute a liability under this section, and the Corporation’s decision to make or not to make commutation is not reviewable (but a decision on the amount of a commutation is reviewable).

     (17)  If the Corporation decides to make a commutation and makes an offer under this section, the Corporation cannot, without the agreement of the applicant, subsequently revoke its decision to make the commutation.

     (18)  In calculating the actuarial equivalent of weekly payments, the principles (and any discount, decrement or inflation rate) prescribed by regulation must be applied.

     (19)  A commutation discharges the Corporation’s liability to make weekly payments to which the commutation relates.

     Notes -

       1.  The reference to the prescribed sum is a reference to the prescribed sum for the purposes of Division 5 - See s.43(11).

     House of Assembly’s Amendment relevant to the words reinstated by the said disagreement -

     Page 9, lines 24 to 26 (clause 10) - Leave out subsection (15) and insert -

     (15)  The Corporation has a discretion to commute or not to commute a liability under this section and the exercise of that discretion is not reviewable (but if the  Corporation decides to make a commutation then its decision on the amount of the commutation is reviewable).

 

Schedule of the reasons of the Legislative Council for disagreeing to the amendments made by the House of Assembly relevant to the words reinstated by the said disagreement

     Because the House of Assembly’s amendments do not assist in the application of the Workers Compensation Scheme.

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

15   Extension of time for adjournment

     The Deputy Premier moved - That the time for moving the adjournment of the House be extended beyond 6.00 p.m.

     Question put and passed.

 

16   Suspension and resumption of sitting

     At 6.04 p.m. the sitting of the House was suspended.

     At 7.30 p.m. the Speaker resumed the Chair.

 

17   WorkCover Corporation Bill

     Ordered - That Message No. 81 from the Legislative Council relating to this  Bill be now considered.

 

                                In Committee

     Resolved - That the House do not insist on its amendment to Legislative Council Amendment No. 23 and agrees to the alternative amendment made by the Council in lieu of Amendment No. 23.

                                ____________

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the amendment referred to it and had agreed to not insist on its amendment to Amendment No. 23 from the Legislative Council and agreed to the alternative amendment made by the Council to Amendment No. 23.

 

18   Industrial and Employee Relations Bill

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

 

                                In Committee

                        Amendment No. 51 further considered.

     Resolved - That the amendment be agreed to.

     Resolved - That amendments Nos 52 to 62 be agreed to.

                        Amendment No. 63 considered.

     Question - That the amendment  be agreed to - put.

     Committee divided (No. 1):

 

              Ayes, 24.

         Hon. M.H. Armitage

         Hon. D.S. Baker

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Ms Greig

         Hon. G.M. Gunn

         Ms Hall

         Mr Kerin

         Mrs Kotz

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Hon. G.A. Ingerson (Teller)

     Noes, 6.

Mr De Laine

Ms Geraghty

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Mr Clarke (Teller)

 

     So it was resolved in the affirmative.

 

     Resolved - That Amendments Nos 64 to 83 be agreed to.

                        Amendment No. 84 considered.

     To report progress and ask leave to sit again.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had further 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

 

19   Messages from the Legislative Council

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

 

     Occupational Health, Safety and Welfare (Administration) Bill       Message No. 83

     MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly to Amendments Nos 11, 12, 17, 19 and 20 in the Occupational Health, Safety and Welfare (Administration) Amendment Bill without any amendment, does not insist on its Amendments Nos 5, 8, 13 to 15, 18, 21, 22, 26 and 27, but agrees to the alternative amendments made by the House of Assembly to Amendments Nos 5, 8, 13 to 15, 21 and 22.  The Legislative Council insists on its Amendments Nos 2 and 3 and disagrees with the amendments made by the House of Assembly to the words reinstated by the said disagreement and insists on its Amendment No. 4 and disagrees to the amendments made by the House of Assembly to the Council's amendment for the reason indicated by the annexed Schedule.  The Legislative Council does not insist on its Amendments Nos 9 and 16 but agrees to the alternative amendments made by the House of Assembly with amendments and desires the concurrence of the House of Assembly thereto, does not insist on its Amendment No. 25 but disagrees to the alternative amendment made by the House of Assembly for the reason indicated by the annexed Schedule and makes an alternative amendment to the Council's amendment and desires the concurrence of the House of Assembly thereto.  The Legislative Council agrees to the House of Assembly's amendment to the Council's Amendment No. 23 but makes a consequential amendment and desires the concurrence of the House of Assembly thereto, and does not agree with the consequential amendment made by the House of Assembly to the Bill for the reason indicated by the annexed Schedule.  The Bill is returned herewith.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Schedule of the Amendments Nos. 2 and 3 of the Legislative Council disagreed to by the House of

Assembly and the amendments made by the House of Assembly relevant to the words

                    reinstated by the said disagreement

 

     Legislative Council's Amendment No.2 -

     Page 2, lines 6 and 7 (clause 4) - Leave out paragraph (c) and insert new paragraph as follows:-

     '(c)    in any other case - a public service employee authorised by the Minister to exercise the powers of the designated person under this Act:;'

    

     House of Assembly's amendment relevant to the words reinstated by the said disagreement-

     Page 2, lines 4 to 7 (clause 4) - Leave out paragraph (d).'

    

     Legislative Council's Amendment No.3 -

     Page 2, line 8 (clause 4) - Leave out paragraph (e) and insert new paragraph as follows:-

     '(e)    by striking out paragraph (b) of the definition of "Director" in subsection (1) (and the word "or" immediately preceding that paragraph);'.

 


     House of Assembly's amendment relevant to the words reinstated by the said disagreement-

     Page 2, line 8 (clause 4) - Leave out paragraph (e).'

 

Schedule of the Amendment No. 4 of the Legislative Council amended by the House of Assembly

 

     Legislative Council's Amendment No.4 -

     Page 2, lines 11 and 12 (clause 4) - Leave out paragraph (d) and insert new paragraph as follows:-

     '(d)    in any other case - a public service employee authorised by the Minister to exercise the powers of an inspector under this Act:;'

    

     House of Assembly's amendment thereto -

     After "public service employee" insert", or officer of the Corporation,".

    

Schedule of the amendment to the House of Assembly's amendment relevant to the words reinstated by the disagreement to Amendments Nos 9 and 16 of the Legislative Council

 

     House of Assembly's alternative amendment to Council's Amendment No. 9 -

     Page 3, lines 32 to 34 (clause 5)—Leave out paragraph (b) (and the word "and" immediately preceding that paragraph) and insert—

     '(b)    ensure that an industry impact statement has been prepared;

     and

     (c)     if the Minister or the Advisory Committee considers that the proposed regulation, code of practice or standard should be tested—ensure that an appropriate pre-approval trial has been conducted'.

 

     Legislative Council's Amendment thereto -

     Leave out proposed new paragraph (b) and insert new paragraph as follows:-

     '(b)    consider whether an industry impact statement should be prepared and advise the Minister accordingly;'.

    

     House of Assembly's alternative amendment to Council's Amendment No. 16

     Page 6, lines 3 and 4 (clause 11)—Leave out paragraph (a) and insert—

     '(a)    by striking out from subsection (3) "the Commission" and substituting "the Minister after seeking the advice of the Advisory Committee or the Corporation;'.

 

     Legislative Council's Amendment thereto -

     Proposed new paragraph (a) - Leave out "or the Corporation".

 

Schedule of the alternative amendment made by the House of Assembly to Legislative Council's Amendment No. 25 and the Legislative Council's alternative amendment to its Amendment No. 25

 

     Legislative Council's Amendment No.25 -

     Page 8, lines 26 and 27 (clause 21) - Leave out the clause and insert new clause as follows:-

     21. 'Amendment of s.65 - Annual report  Section 65 of the principal Act is amended by striking out "Commission" wherever it occurs and substituting, in each case, "Advisory Committee".'

 

     House of Assembly's alternative amendment -

     Page 8, lines 26 and 27 (clause 21) -  Leave out the clause and insert new clause as follows:-

     21. 'Substitution of s.65  Section 65 of the principal Act is repealed and the following section is substituted:-

     65. 'Annual Report  (1) The Advisory Committee must, before 30 September in each year, prepare and forward to the Minister a report on its work during the financial year that ended on the preceding 30 June.

     (2)     The Minister must, as soon as practicable after receiving a report under this section, have copies of the report laid before both Houses of Parliament.'.

 

     Legislative Council's alternative amendment to its Amendment No.25 -

     Page 8, lines 26 and 27 (clause 21) - Leave out this clause and insert new clause as follows:-

     21. 'Substitution of s.65 Section 65 of the principal Act is repealed and the following section is substituted.

     65. 'Annual Report  (1) The Advisory Committee must, before 30 September in each year, prepare a report on the work of the Committee during the financial year that ended on the preceding 30 June.

     (2)     The Minister must, as soon as practicable after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

 

     Legislative Council's alternative amendment to its Amendment No. 25 -

     Page 8, lines 26 and 27 (clause 21) - Leave out this clause and insert new clause as follows:-

     21. 'Substitution of s. 65 Section 65 of the principal Act is repealed and the following section is substituted:-

     65. Annual Report The Advisory Committee must, before 30 September in each year, prepare a report on the work of the Committee during the financial year that ended on the preceding 30 June and forward copies of the report to the Presiding Members of both Houses of Parliament to be laid before their respective Houses at the earliest opportunity.'.

    

Schedule of the consequential amendment made by the Legislative Council to the House of Assembly's amendment to Amendment No. 23 of the Legislative Council

 

     Legislative Council's Amendment No.23 -

     Page 7, lines 1 to 4 (clause 16) - Leave out subsection (1) and insert new subsection as follows:-

     '(1)    The Minister or the Advisory Committee or a person authorised by the Minister or the Advisory Committee may, by notice in writing, require a person to furnish information relating to occupational health, safety or welfare that is reasonably required for the administration, operation or enforcement of this Act;'.

 

     House of Assembly's  amendment thereto -

     New subclause (1)—Leave out "Advisory Committee" twice occurring and insert, in each case "Corporation".

 

     Legislative Council's consequential amendment to the House of Assembly's amendment -

     After proposed new subsection (1) insert new subsection as follows-

     '(1a) The Advisory Committee may, by notice in writing, require the Department for Industrial Affairs or the Corporation to furnish information necessary for the performance of the Advisory Committee's functions.'.

 

Schedule of the consequential amendment made by the House of Assembly to the Bill

and disagreed to by the Legislative Council

     Page 4, after line 7 (clause 5 and proposed new section 8) - Insert new subsection (8) as follows:-

     '(8)  The Advisory Committee is entitled to access all information relating to all matters referred to it for advice.'.

 

Schedule of the reasons of the Legislative Council for disagreeing to the amendments

made by the House of Assembly

     Because the words disagreed to are not necessary.

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 


     Statutes Amendment (Closure of Superannuation Schemes) Bill         Message No. 84

     MR SPEAKER - The Legislative Council has disagreed to the alternative amendments made by the House of Assembly to the Legislative Council's Amendments Nos 2 and 3 in the Statutes Amendment (Closure of Superannuation Schemes) Bill, and insists on its Amendments Nos 2 and 3 to which the House of Assembly has disagreed.  The Bill is returned herewith.

     Legislative Council, 18 May                       H.P.K. Dunn, PRESIDENT

 

     Ordered - That the Message be taken into consideration forthwith.

 

                                In Committee

     Resolved - That the disagreement to the Legislative Council amendments be insisted on.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the Legislative Council's amendments.

    

     Conference

     The Treasurer 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 Statutes Amendment (Closure of Superannuation Schemes) 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 the Messrs Quirke and Scalzi, Ms Stevens, Mr Venning and the mover be Managers of the Conference on the part of this House.

     Question put and passed.

 

20   Industrial and Employee Relations Bill

     Ordered - That the further consideration in Committee of  Message No. 80 of the Legislative Council be now resumed.

 

                                In Committee

     Resolved - That Amendments Nos 84 to 133 be agreed to.

                        Amendment No. 134 considered.

     Question - That the amendment be agreed to - put.

     Committee divided (No. 2):

              Ayes, 24.

         Hon. M.H. Armitage

         Hon. D.S. Baker

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Ms Greig

         Hon. G.M. Gunn

         Ms Hall

         Mr Kerin

         Mrs Kotz

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Mr Venning

         Mr Wade

         Hon. D.C. Wotton

         Hon. G.A. Ingerson (Teller)

     Noes, 8.

Hon. F.T. Blevins

Mr De Laine

Ms Geraghty

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Mr Clarke (Teller)

 

     So it was resolved in the affirmative.

 

     Resolved - That Amendments Nos 135 to 142 be agreed to.

                                ____________

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

21   Messages from the Legislative Council

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

 

     Agricultural and Veterinary Chemicals (South Australia) Bill        Message No. 85

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to apply certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of South Australia; and for other purposes, without any amendment.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Meat Hygiene Bill                                       Message No. 86

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate the processing and sale of meat to ensure its wholesomeness; to repeal the Meat Hygiene Act 1980 and the Poultry Meat Hygiene Act 1986; to make consequential amendments to the Local Government Act 1934 and the Prevention of Cruelty to Animals Act 1985; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 

         Schedule of the amendment made by the Legislative Council

     Page 5 (clause 9) - After line 26 insert new paragraph as follows:-

     '(ia) a person nominated by the Australasian Meat Industry Employees Union to represent the interests of persons employed in connection with meat processing;'.

                                    J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

     Statutes Amendment (Constitution and Members Register of Interests) Bill  Message No. 87

     MR SPEAKER - In reply to Message No. 80 from the House of Assembly, the Legislative Council agrees to the place appointed by the House of Assembly for holding the Conference, but appoints 9.30 p.m. this day as the time for holding the Conference.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Ordered - That a Message be sent to the Legislative Council agreeing to the time appointed by the Council.

     The Deputy Premier, without notice, moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Statutes Amendment (Constitution and Members Register of Interests) Bill.

     Question put and passed.

 


     Statutes Amendment (Closure of Superannuation Schemes) Bill         Message No. 88

     MR SPEAKER - The Legislative Council has, in reply to Message No. 83 from the House of Assembly, agreed to grant a Conference on the Statutes Amendment (Closure of Superannuation Schemes) Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of 10.00 p.m. to received the Managers on behalf of the House of Assembly, at the Conference Room of the Legislative Council.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

     The Deputy Premier, without notice, moved- That the sitting of the House be continued during the Conference with the Legislative Council on the Statutes Amendment (Closure of Superannuation Schemes) Bill.

     Question put and passed.

 

22   Extension of time for adjournment

     The Minister for Industrial Affairs moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

     Question put and passed.

 

23   Statutes Amendment (Closure of Superannuation Schemes) Bill - Conference - Substitution of Managers

     The Deputy Premier, by leave, moved - That Mr Quirke and Ms Hurley be appointed to the Conference with the Legislative Council on the Statutes Amendment (Closure of Superannuation Schemes) Bill in place of Messrs Atkinson and Foley.

     Question put and passed.

 

24   Industrial Commission of South Australia Consultative Panel - Motion re

     The Minister for Industrial Affairs, by leave, moved - That on commencement of Sections 29, 30, 34 and 58 of the Industrial and Employee Relations Act 1994 the nominee of this House to the panel to consult with the Minister about appointments to the Industrial Commission of South Australia and the Employee Ombudsman be Mr Ashenden.

     Debate ensued.

     Question put and passed.

 

25   Workers Rehabilitation and Compensation (Administration) Amendment Bill

     Ordered - That Message No. 82 from the Legislative Council  be now taken into consideration.

 

                                In Committee

     The Minister for Industrial Affairs moved - That the alternative amendment of the House of Assembly to Amendment No.10 be not insisted on, that the Amendment of the Legislative Council  be not further disagreed to and that the Legislative Council's amendment to that amendment be agreed to.

 

     Question - That the alternative amendment of the House of Assembly to Amendment No. 10 be not insisted on, that the Amendment of the Legislative Council  be not further disagreed to and that the Legislative Council's amendment to that amendment be agreed to - put.

 


     Committee divided (No. 3):

 

            Ayes, 21.

         Hon. M.H. Armitage

         Hon. D.S. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Hon. G.M. Gunn

         Ms Hall

         Mr Kerin

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Mr Venning

         Hon. D.C. Wotton

         Hon. G.A. Ingerson (Teller)

     Noes, 6.

Hon. F.T. Blevins

Mr De Laine

Ms Geraghty

Hon. M.D. Rann

Ms Stevens

Mr Clarke (Teller)

    

     So it was resolved in the affirmative.

 

     Resolved - That  the alternative amendments of the House of Assembly to Amendment No. 11 be not  insisted on and that the amendment of the Legislative Council not be further disagreed to.

     Resolved - That the amendment of the Legislative Council to the alternative amendment of the House of Assembly to Amendment No.12 be agreed to.

     Resolved - That the alternative amendments of the House of Assembly to Amendment No.17 be not insisted on and that the amendment of the Legislative Council be not  further disagreed to.

     Resolved - That the alternative amendments of the House of Assembly to Amendment No.18 be not be insisted on and that the amendment of the Legislative Council not be further disagreed to.

     Resolved - That Amendment No.19 of the Legislative Council be not further disagreed to and that the further amendments of the Legislative Council be agreed to.

     Resolved - That disagreement to Amendment No. 21, of the Legislative Council be not further insisted on.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Message referred to it and had resolved not to insist on its disagreement to Amendments Nos 10, 11, 17 to 19 and 21, not to insist on its alternative amendments to Amendments Nos 10, 11, 17 and 18, to agree to the Legislative Council's amendments to its Amendments Nos 10 and 19, and to agree to the Legislative Council's amendment to the House of Assembly's alternative amendment to Amendment No.12.

 

26   Meat Hygiene Bill

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

 

                                In Committee

     Question - That the amendment be disagreed to - put.


     Committee divided (No. 4):

 

              Ayes, 24.

         Hon. M.H. Armitage

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Evans

         Ms Greig

         Hon. G.M. Gunn

         Ms Hall

         Hon. G.A. Ingerson

         Mr Kerin

         Mrs Kotz

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Rosenberg

         Mr Rossi

         Mr Wade

         Hon. D.C. Wotton

         Hon. D.S. Baker                     (Teller)

     Noes, 7.

Hon. F.T. Blevins

Mr De Laine

Ms Geraghty

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Mr Clarke (Teller)

 

     So it was resolved in the affirmative.

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the amendment referred to it and had disagreed to the same.

 

27   Suspension and resumption of sitting

     At 10.54 p.m. the sitting of the House was suspended.

     At 11.28 p.m. the Speaker resumed the Chair.

 

28   Suspension of Standing Orders

     The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

                                ____________

 

                           It being 12 midnight:

                            THURSDAY 19 MAY 1994

                                ____________

 

29   Messages from the Legislative Council

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

 

     Statutes Amendment (Closure of Superannuation Schemes) Bill         Message No. 89

     MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Statutes Amendment (Closure of Superannuation Schemes) Bill has agreed to the same.  The Bill is returned herewith.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 


     Meat Hygiene Bill                                       Message No. 90

     MR SPEAKER - The Legislative Council insists on its amendment in the Meat Hygiene Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Ordered - That the Message be taken into consideration forthwith.

 

                                In Committee

 

     Resolved - That disagreement to the amendment of the Legislative Council be insisted on.

 

                          -----------------------

     The House having resumed:

     Hon H. Allison reported that the Committee had considered the Message referred to it and had resolved that its disagreement to the amendment be insisted on.

 

     Conference

     The Minister for Primary Industries (Hon. D.S. Baker)  moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting the amendment of the Legislative Council in the Meat Hygiene 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 Mr Buckby, Mr De Laine, Mr Kerin and Mr Quirke and the mover be Managers of the Conference on the part of this House.

     Question put and passed.

 

     Meat Hygiene Bill - Conference                          Message No. 91

     MR SPEAKER - The Legislative Council has, in reply to Message No. 90 from the House of Assembly, agreed to grant a Conference on the Meat Hygiene Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of 12.15 a.m. to receive the Managers on behalf of the House of Assembly, at the Conference Room of the Legislative Council.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

    

     Conference - Meat Hygiene Bill

     Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

     The Minister for Primary Industries moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Meat Hygiene Bill.

     Question put and passed.

 

30   Statutes Amendment (Constitution and Members Register of Interests) Bill

     The Deputy Premier reported - That the Managers have been at the Conference on the Bill, which was managed on the part of the Legislative Council by the Hon. K.T. Griffin (Attorney-General), Hon. J.C. Irwin, Hon. J.A.W. Levy, Hon. M.J. Elliott and Hon. C.J. Sumner and we there received from the Managers on behalf of the Legislative Council the Bill and the following resolution  adopted by that House -

     That the disagreement to the amendments of the House of Assembly be insisted on.

     And thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that:

 

     As to Amendments Nos 1 to 5 -

     That the House of Assembly do not further insist on its amendments, but makes the following amendment in lieu thereof:

     Clause 7, page 2 - Leave out this clause and insert -

     7. Amendment of s. 4 - Contents of returns Section 4 of the principal Act is amended -

     (a)   by inserting after paragraph (e) of subsection (2) the following paragraph:

        (ea)  particulars of any contract made during the return period between the Member or a person related to the Members and the Crown in right of the State where any monetary consideration payable by a party to the contract equals or exceeds $7 500;;

     (b)   by inserting after subsection (4) the following subsection:

        (4a)  It will be sufficient compliance with paragraph (ea) of subsection (2) if a Members's return contains particulars of a class of contracts referred to in that paragraph (rather than particulars of the individual contracts comprised in the class) provided that each contract of the class is an ordinary commercial or arm's length contract.;

     and that the Legislative Council agree thereto.

 

                                In Committee

 

     Resolved - That the recommendations of the Conference be agreed to.

 

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the recommendations on the Conference and had agreed to the same.

 

31   Statutes Amendment (Closure of Superannuation Schemes) Bill

     The Treasurer (Hon. S.J. Baker) reported - That the Managers have been at the Conference on the Bill, which was managed on the part of the Legislative Council by the Hon. R.L. Lucas (Minister for Education and Children's Services), Hon. T. Crothers, Hon. M.J. Elliott, Hon. C.V. Schaeffer, Hon. T.G. Roberts and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together.

     And it was agreed that we should recommend to our respective Houses that:

 

     As to Amendments Nos 2 and 3

     That the House of Assembly do not further insist on its disagreement and do not further insist on its alternative amendments.

 

                                In Committee

 

     Resolved - That the recommendations of the Conference be agreed to.

 

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

32   Clerk to deliver Messages

     The Deputy Premier, by leave, moved - That the Clerk be empowered to deliver Messages to the Legislative Council when this Houses is not sitting.

     Question put and passed.

 

33   Suspension and resumption of sitting

     At 1.38 a.m. the sitting of the House was suspended.

     At 2.28 a.m. the Speaker resumed the Chair.

 


34   Meat Hygiene Bill - Conference

     The Minister of Primary Industries (Hon. D.S. Baker) reported - That the Managers have been at the Conference on the Bill, which was managed on the part of the Legislative Council by the Attorney-General the Hon. K.T. Griffin, Hon. M.J. Elliott, Hon. R.R. Roberts, Hon. T.G. Roberts and Hon. C. Schaeffer and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together.

     And it was agreed that we should recommend to our respective House that:

 

     That the Legislative Council do not further insist upon its amendment but make the following amendment in lieu thereof:-

     Page 5 (clause 9) - After line 26 insert new paragraph as follows:-

     (ia)  a person nominated by the appropriate registered association of employees to represent the interests of employees in the meat processing industry;

     and that the House of Assembly agree thereto.

 

35   Messages from the Legislative Council

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

 

     Statutes Amendment (Constitution and Members Register of Interests) Bill  Message No. 92

     MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Statutes Amendment (Constitution and Members Register of Interests) Bill has agreed thereto.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 

     Meat Hygiene Bill                                       Message No. 93

     MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Meat Hygiene Bill has agreed to the same.  The Bill is returned herewith.

     Legislative Council, 18 May 1994                  H.P.K. Dunn, PRESIDENT

 

                                In Committee

     Resolved - That the recommendations of the Conference be agreed to.

 

                                ___________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

36   Adjournment

     House adjourned at 2.34 a.m. until Tuesday 21 June at 2.00 p.m.

 

                                ____________

 

 

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

 

     Division No. 1 -

        Ayes - Hon. D.C. Brown, Hon. J.W. Olsen, Hon. R.B. Such and Messrs Leggett and Cummins.

        Noes - Hon. L.M.F. Arnold, Hon. F.T. Blevins, Messrs Atkinson and Foley and Mrs Hurley.

 

     Division No. 2 -

        Ayes - Hon. D.C. Brown and Messrs Cummins and Leggett.

        Noes - Hon. L.M.F. Arnold and Messrs Atkinson and Foley

 


     Division No. 3 -

        Ayes - Hon. S.J. Baker, Hon. D.C. Brown, Mr Cummins, Mrs Greig and Mr Leggett.

        Noes - Hon. L.M.F. Arnold, Messrs Atkinson and Foley, Mrs Hurley and Mr Quirke.

 

     Present during the day - All the Members except Mr Andrew, Hon. L.M.F. Arnold, Hon. D.C. Brown, Mr Leggett, Hon. J.W. Olsen, Mrs Penfold and Hon. R.B. Such.

 

 

 

 

 

 

                                                            G.M. Gunn

                                                            SPEAKER

 

G.D. Mitchell

CLERK

 

 

              EXTRACT FROM THE GOVERNMENT GAZETTE, 26 MAY 1994

 

 

                                      Department of the Premier and Cabinet

                                                      Adelaide, 26 May 1994

 

     HIS Excellency the Governor's Deputy directs it to be notified for general information that he has, in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

 

     No. 20 of 1994 - An Act to amend the Summary Procedure Act, 1921.

     No. 21 of 1994 - An Act to amend the Criminal Law (Sentencing) Act, 1988, the Director of Public Prosecutions Act, 1991, the Jurisdiction of Courts (Cross-vesting) Act, 1987, the National Crime Authority (State Provisions) Act, 1984, the subordinate Legislation Act, 1978, the Supreme Court Act, 1935 and the Wrongs Act, 1936.

     No. 22 of 1994 - An Act to provide for restraining orders in cases of domestic violence; to make amendments to the Criminal Law Consolidation Act, 1935, the Bail Act, 1985 and the Criminal Law (Sentencing) Act, 1988, and for other purposes.

     No. 23 of 1994 - An Act to amend the Criminal Law Consolidation Act, 1935.

     No. 24 of 1994 - An act to amend the Juries Act, 1927.

     No. 25 of 1994 - An Act to amend the Racing Act, 1976.

     No. 26 of 1994 - An Act to amend the Crown Lands Act, 1929.

     No. 27 of 1994 - An Act to amend the Controlled Substances Act, 1984.

     No. 28 of 1994 - An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1995.

     No. 29 of 1994 - An Act to amend the Petroleum (Submerged Lands) Act, 1982.

     No. 30 of 1994 - An Act to reform public transport services within the State; to repeal the Metropolitan Taxi-Cab Act, 1956 and the State Transport Authority Act, 1974; to make related amendments to the Local Government Act, 1934, the Road Traffic Act, 1961, the Superannuation Act, 1984, the Tobacco Products Control Act, 1986 and the Wrongs Act, 1936; and for other purposes.

 

                                                By command,

                                                     DALE BAKER, for Premier

 


              EXTRACT FROM THE GOVERNMENT GAZETTE, 30 MAY 1994

 

 

                                      Department of the Premier and Cabinet

                                                      Adelaide, 30 May 1994

 

     HER Excellency the Governor directs it to be notified for general information that she has, in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Act passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

    

     No. 31 of 1994 - An Act to amend the Stamp Duties Act, 1923.

    

                                                By command,

                                                     W. MATTHEW, for Premier

 

 

              EXTRACT FROM THE GOVERNMENT GAZETTE, 2 JUNE 1994

 

 

                                      Department of the Premier and Cabinet

                                                      Adelaide, 2 June 1994

 

     HER Excellency the Governor directs it to be notified for general information that she has, in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Act passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

    

     No. 32 of 1994 - An Act to amend the Police Act, 1952.

     No. 33 of 1994 - An Act to amend the Waterworks Act, 1932 and the Sewerage Act, 1929.

     No. 34 of 1994 - An Act to amend the Forestry Act, 1950.

     No. 35 of 1994 - An Act to amend the Correctional Services Act, 1982, the Criminal Law (Sentencing) Act, 1988 and the Young Offenders Act, 1993.

     No. 36 of 1994 - An Act to amend the Constitution Act, 1934.

     No. 37 of 1994 - An Act to amend the Superannuation Act, 1988 and to make a related amendment to the Superannuation (Benefits Scheme) Act, 1992.

     No. 38 of 1994 - An Act to repeal the Canned Fruits Marketing Act, 1980, the Farmers Assistance Act, 1933, the Primary Producers Assistance Act, 1943 and the Primary Producers' Debts Act, 1935.

     No. 39 of 1994 - An Act to provide for the irrigation of land in government and private irrigation districts; to repeal the Irrigation on Private Property Act, 1939, the Lower River Broughton Irrigation Trust Act, 1938, the Kingsland Irrigation Company Act, 1922, the Pyap Irrigation Trust Act, 1923 and The Ramco Heights Irrigation Act, 1963; to amend the Crown Lands Act, 1929, the Crowns Rates and Taxes Recovery Act, 1945, the Irrigation Act, 1930 and the Local Government Act, 1934; and for other purposes.

     No. 40 of 1994 - An Act to amend the Constitution Act, 1934 and the Members of Parliament (Register of Interests) Act, 1983.

     No. 41 of 1994 - An Act to amend the Limitation of Actions Act, 1936.

     No. 42 of 1994 - An Act to amend the Liquor Licensing Act, 1985.

     No. 43 of 1994 - An Act to amend the Criminal Law Consolidation Act, 1935, the District Court Act, 1991, the Enforcement of Judgments Act, 1991, the Magistrates Court Act, 1991, the Summary Procedure Act, 1921 and the Supreme Court Act, 1935.

     No. 44 of 1994 - An Act to provide for the management of public commercial ports in the State; to establish the South Australian Ports Corporation; and for other purposes.

     No. 45 of 1994 - An Act to amend the Harbors and Navigation Act, 1993.

 

                                                By command,

                                                     R.B. SUCH, for Acting Premier


              EXTRACT FROM THE GOVERNMENT GAZETTE, 9 JUNE 1994

 

 

                                      Department of the Premier and Cabinet

                                                      Adelaide, 9 June 1994

 

     HER Excellency the Governor directs it to be notified for general information that she has, in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

    

     No. 46 of 1994 - An Act to amend the Superannuation Act, 1988 and the Police Superannuation Act, 1990.

     No. 47 of 1994 - An Act to apply certain laws of the Commonwealth relating to agricultural and veterinary chemicals products as laws of South Australia; and for other purposes.

     No. 48 of 1994 - An Act to regulate the processing and sale of meat to ensure its wholesomeness; to repeal the Meat Hygiene Act, 1980 and the Poultry Meat Hygiene Act, 1986; to make consequential amendments to Local Government Act, 1934, and the Prevention of Cruelty to Animals Act, 1985; and for other purposes.

 

                                                By command,

                                                    W. MATTHEW, for Acting Premier

 

 

             EXTRACT FROM THE GOVERNMENT GAZETTE, 16 JUNE 1994

 

 

                                      Department of the Premier and Cabinet

                                                     Adelaide, 16 June 1994

 

     HER Excellency the Governor directs it to be notified for general information that she has, in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

    

     No. 49 of 1994 - An Act to amend the Workers Rehabilitation and Compensation Act, 1986.

     No. 50 of 1994 - An Act to amend the Occupational Health, Safety and Welfare Act, 1986.

     No. 51 of 1994 - An Act to provide for the reconstitution of the Workers Rehabilitation and Compensation Corporation and its continuation under the name 'WorkCover Corporation of South Australia'; to provide for its functions and powers; and for other purposes.

     No. 52 of 1994 - An Act about the relationship of employer and employee; and other matters.

 

                                                By command,

                                                    R.B. SUCH, for Acting Premier

 


             EXTRACT FROM THE GOVERNMENT GAZETTE, 16 JUNE 1994

 

 

   CONSTITUTION ACT 1934 SECTION 6(1): PROROGATION OF PARLIAMENT AND DATE

            FIXED FOR COMMENCEMENT OF THE SECOND SESSION OF THE

                          FORTY-EIGHTH PARLIAMENT

 

                        Proclamation By The Governor

 

(L.S.)     ROMA MITCHELL

 

PURSUANT to section 6(1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I -

 

(a)  prorogue the Parliament of South Australia;

(b)  fix 2 August 1994 as the day on which the second session of the Forty-Eighth Parliament will commence.

 

Given under my hand and the Public Seal of South Australia, at Adelaide, 16 June 1994.

 

                                                By command,

                                                    R.B. SUCH, for Acting Premier