No 28

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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THURSDAY 4 DECEMBER 2003

 

 

1       Meeting of House

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

 

2       Sexual Health and Relationship Education Program - Motion re

         Ms V Chapman, pursuant to notice, moved - That this House urges the Government to immediately withdraw the trial Sexual Health And Relationship Education program developed by SHINE, from all 15 participating schools pending professional assessment and endorsement.

         Debate ensued.

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It being 1.00 pm, the debate was adjourned (Mr Williams, by leave) and made an Order of the Day for Thursday 19 February 2004.

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3       Answers to questions

Answers to questions on the Notice Paper Nos 21, 58, 68, 69, 101, 168 & 176 and questions without notice were tabled by the Speaker.

 

4       Papers

         The Speaker laid on the Table the following reports:

 

Auditor-General - Supplementary Report – Information and Communication Technology – Future Directions: Management and Control

Ordered to be published (Paper No 4B).

 

Pursuant to Section 131 of the Local Government Act 1999 -

      Clare and Gilbert Valleys Council – Report 2002 – 2003

      Le Hunte, District Council of - Report 2002 – 2003.

 

         The following Papers were tabled:

 

By the Minister for Health (Hon L Stevens) –

      Barossa Area Health Services Inc – Report 2002-2003

 

By the Minister for Education and Children’s Services (Hon P L White) –

      Craigmore High School External Review Report – June – July 2003

 

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

      Central Eyre Peninsula Soil Conservation Board – Report 2002-2003

      Water, Land and Biodiversity Conservation, Department of – Report 2002-2003

      Environment Protection Authority – Audit of Radioactive Material in South Australia -

                  Report

                  Government Response

 

By the Minister for Transport (Hon M J Wright) –

      Transport and Urban Planning, Department of – Report 2002-2003

      TransAdelaide - Report 2002 – 2003 Erratum

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Industrial Relations Advisory Committee –

                  Report 2001-2002

                  Report 2002-2003

      Industrial Relations Commission – Report 2002-2003

      Mining and Quarrying Occupational Health and Safety Committee – Report 2002-2003

      Occupational Health, Safety and Welfare Advisory Committee – Report 2002-2003

      WorkCover Corporation SA – Report 2002-2003

 

By the Minister for Tourism (Hon J D Lomax-Smith), representing the Minister for Agriculture, Food and Fisheries (Hon P Holloway) –

                  Ministerial Statement – National Livestock Identification Scheme

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Development Plan Amendment Reports – Interim Operation –

            City of Onkaparinga Local Heritage (Willunga) and the City of Onkaparinga Local Heritage (Noarlunga)

                  City of Victor Harbor Local Heritage Review Plan.

 

5       Public Works Committee - Reports – Whyalla Wastewater Treatment Plant Environment Improvement Program; Port River Expressway – Overpasses at Hanson Road and South Road; Mawson Lakes Reclaimed Water Scheme; Port Waterfront Redevelopment Site Remediation Works

 

194th Report

Mr Caica brought up the 194th Report of the Committee on the Whyalla Wastewater Treatment Plant Environment Improvement Program.

Report received.

Ordered to be published (Paper No 193).

 

195th Report

Mr Caica brought up the 195th Report of the Committee on the Port River Expressway – Overpasses at Hanson Road and South Road.

Report received.

Ordered to be published (Paper No 194).

 

196th Report

Mr Caica brought up the 196th Report of the Committee on the Mawson Lakes Reclaimed Water Scheme.

Report received.

Ordered to be published (Paper No 195).

 

197th Report

Mr Caica brought up the 1977h Report of the Committee on the Port Waterfront Redevelopment Site Remediation Works.

Report received.

Ordered to be published (Paper No 196).

 

6       Questions

Questions without notice were asked.

 

7       Grievances

On motion of the Speaker, the House noted grievances.

 

 

8       Messages from the Legislative Council

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

 

         Natural Resources Committee – Notification of Appointment                 Message No 34

MR SPEAKER - The Legislative Council informs the House of Assembly that pursuant to section 15K of the Parliamentary Committees Act 1991, the Legislative Council has appointed the Hon S M Kanck, Hon C V Schaeffer and the Hon R K Sneath as Members of this Council on the Natural Resources Committee.

         Legislative Council, 3 December 2003                                             R R Roberts, PRESIDENT

 

         Highways (Authorised Transport Infrastructure Projects) Amendment Bill         

                                                                                                                        Message No 35

MR SPEAKER - The Legislative Council has agreed not to insist on its Amendments No 1 to No 20 in the Highways (Authorised Transport Infrastructure Projects) Amendment Bill to which the House of Assembly has disagreed, and has agreed to the alternative amendments made by the House of Assembly without any amendment.  The Bill is returned herewith.

         Legislative Council, 3 December 2003                                             R R Roberts, PRESIDENT

 

9       Next day of sitting

Ordered, on motion of the Attorney-General (Hon M J Atkinson) - That the House at its rising adjourn until Monday 16 February at 2.00 pm.

 

10      Statutes Amendment (Courts) Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Courts Administration Act 1993; the De Facto Relationships Act 1996, the Development Act 1993, the Environment, Resources and Development Court Act 1993, the Juries Act 1927, the Summary Procedure Act 1921 and the Supreme Court Act 1935 to make related amendments to various other Acts; and for other purposes.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Ms Chapman, that the debate be adjourned until Monday 16 February 2004.

 

11      Select Committee on the Juvenile Justice System - Motion re

The Attorney-General, pursuant to notice, moved - That this House establish a Select Committee to examine –

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

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

                                                  ii.    the Young Offenders Act 1993;

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

                                                 iv.    any other relevant Acts;

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

(c)       psychological and psychiatric dimensions of juvenile offending;

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

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

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

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

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

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

(j)         any other relevant matter.

      Debate ensued.

Question put and passed.

 

 

Select Committee

And a Committee was appointed consisting of Ms Chapman, Mr O’Brien, Mrs Redmond, Messrs Scalzi and Snelling, Hon R B Such and Ms Thompson.

Ordered - That the Committee have power to send for persons, papers and records and to adjourn from place to place and that the Committee report on Thursday 8 July 2004.

 

12      Victims of Crime (Criminal Injuries Compensation Regulations) Amendment Bill

Order of the Day read for the 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.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to Amendment No 1 made by the Legislative Council without any amendment; and had disagreed to Amendments Nos 2 and 3.

 

13      Postponement of business

Ordered severally - That Orders of the Day: Government Business Nos 2 to 9 be postponed and taken into consideration after Order of the Day: Government Business No 10.

 

14      Summary Offences (Offensive Weapons) Amendment Bill

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

 

In Committee

The Attorney General moved – That Amendment No 1 be disagreed to.

         Question put.

 

         Committee divided (No 1):

 

           Ayes, 24

           Noes, 18

 

Ms Bedford

Mr Brindal

Ms Breuer

Hon D C Brown

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon I P Lewis

Mrs Penfold

Mrs Maywald

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Mr Brokenshire (Teller)

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

 

         So it was resolved in the affirmative.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the amendment referred to it and had disagreed to the same.

 

15      Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

16      Rearrangement of Business

The Minister for Environment and Conservation moved – That the remaining Government Business be postponed until after Private Members Business: Bills/Committees/Regulations – Orders of the Day No 1 has been taken into consideration.

Question put and passed.

 

17      Prevention of Cruelty to Animals (Prohibited Surgical and Medical Procedures) 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 to 3 agreed to.

Clause No 4 amended and agreed to.

Title agreed to.

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Dr McFetridge moved – That the Bill be read a third time.

Debate ensued.

Question put and passed.

 

18      Messages from the Legislative Council

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

 

         Criminal Law Consolidation (Identity Theft) Amendment Bill

                                                                                                                        Message No 36

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law Consolidation Act 1935 and to make a related amendment to the Criminal Law (Sentencing) Act 1988, with the amendment indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 4 December 2003                                R R Roberts, PRESIDENT

 

Schedule of amendment made by the Legislative Council

 

Amendment No 1

Clause 4, page 3, line 20-

After “data” insert:

stored or

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the amendment be taken into consideration forthwith.

 

In Committee

 

Resolved – That Amendment No 1 be agreed to.

 

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         The House having resumed:

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

 

         Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill

                                                                                                                        Message No 37

MR SPEAKER - The Legislative Council insists on Amendments No 1 and No 30 in the Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 4 December 2003                                R R Roberts, PRESIDENT

 

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

 

19      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 2 and 3 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

20      Statutes Amendment (Computer Offences) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

21      Adjournment

The Minister for Infrastructure moved – That House do now adjourn.

Debate ensued.

Question put and passed.

 

House adjourned at 5.59 pm until Monday 16 February 2004 at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 18 February 2004

 

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

 

Mr Caica to move – That the One Hundred and Ninety Fourth Report of the Public Works Committee on the Whyalla Wastewater Treatment Plant Environment Improvement Program, be noted. 

 

Mr Caica to move – That the One Hundred and Ninety Fifth Report of the Public Works Committee on the Port River Expressway – Overpasses at Hanson Road and South Road, be noted.

 

 

Mr Caica to move – That the One Hundred and Ninety Sixth Report of the Public Works Committee on the Mawson Lakes Reclaimed Water Scheme, be noted.

 

Mr Caica to move – That the One Hundred and Ninety Seventh Report of the Public Works Committee on the Port Waterfront Redevelopment Site Remediation Works, be noted.

 

            For Wednesday 25 February 2004

 

Notice of Motion: Private Members Business/ Bills/ Committees/ Regulations

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Parlaimentary Renumeration Act 1990 and to make related amendment to the Parliamentary Superannuation Act 1974..

 

 

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Present during the day - All Members.

 

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes – Minister for Urban Development and Planning (Hon J W Weatherill) and Ms Rankine.

               Noes – Leader of the Opposition (Hon R G Kerin) and Hon M R Buckby.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY