197

 

 

                                                                                                       No. 29

 

                      VOTES AND PROCEEDINGS

 

                              OF THE

 

                        HOUSE OF ASSEMBLY

 

 

                                                                                                                            

 

                                                                                                           

                                                                           WEDNESDAY 20 NOVEMBER 1991

 

 

 1             Meeting of House

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

                    Chair and read prayers.

 

 2             Message from the Governor                                                                                             

                The following Message from the Governor was received and read:

 

                Assent to Bill                                                                                                                       Message No.15

                The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty

                    The Queen, the following Act has been assented to during the present Session:

                No. 45 of 1991 - An Act to supplement the Australia and New Zealand Banking Group

                    Limited (NMRB) Act 1991 of Victoria and to provide for the transfer in South Australia of the undertaking of National Mutual Royal Bank Limited and part of the undertaking of National Mutual Royal Savings Bank Limited to Australia and New Zealand Banking Group Limited and for the transfer in South Australia of the other part of the undertaking of National Mutual Royal Savings Bank Limited to Australia and New Zealand Savings Bank Limited, and for related purposes.

                Government House, Adelaide 20 November 1991                                          R.F. Mitchell, GOVERNOR

 

 3             Petitions Nos 149 to 153

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

 

                149 The Minister of Health (Hon. D.J. Hopgood), from 1 035 residents of South Australia,

                    requesting that the House urge the Government to establish support services for people with schizophrenia in suburbs south of Adelaide.

 

                150 The Minister of Labour (Hon. R.J. Gregory), from 70 residents of South Australia,

                    requesting that the House urge the Government to provide for the administration of coin operated gaming machines in licensed clubs and hotels by the Liquor Licensing Commission and the Independent Gaming Corporation.

 

                151  Dr Armitage, from 77 residents of South Australia, requesting that the House urge the

                    Government not to close Hillcrest Hospital.

 

                152  Mr Such, from 12 269 residents of South Australia, requesting that the House urge the

                    Government to lower to sixteen years the age at which a person is treated as an adult in criminal matters.


                                                                                                         198

 

 

                153  Mr Such, from 618 residents of South Australia, requesting that the House urge the

                    Government to establish a police station at Reynella.

 

 4             Answers to questions

                Answers to questions without notice were tabled by the Speaker.

 

 5             Joint Committee on Subordinate Legislation - Minutes of Proceedings

                Mr McKee, by leave, brought up the Joint Committee on Subordinate Legislation Minutes of

                    Proceedings of 20 November.

                Minutes received.

 

 6             Joint Committee on Subordinate Legislation - Minutes of Evidence

                Mr McKee brought up the Minutes of Evidence given before the Joint Committee on

                    Subordinate Legislation on the City of Campbelltown - General Supplementary Development Plan.

                Minutes received.

 

 7             Questions

                Questions without notice were asked.

 

 8             Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

 9             Wine Grapes Industry Bill

                The Minister of Agriculture (Hon.L.M.F.Arnold), pursuant to notice, moved - That he have

                    leave to introduce a Bill for an Act relating to the marketing of wine grapes and making consequential amendments to the Prices Act 1948.

                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 Mr Meier, that the debate be adjourned until tomorrow.

 

10           Road Traffic (Prescribed Vehicles) Amendment Bill

                The Minister of Transport (Hon. F.T. Blevins), pursuant to notice, moved - That he have

                    leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

                Question put and passed.

 

                Bill presented and read a first time.

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

                Ordered, on motion of Hon. D.C. Wotton, that the debate be adjourned until tomorrow.

 

11           Goods Securities (Highways Fund) Amendment Bill

                Order of the Day read for the consideration of the suggested amendment of the Legislative

                    Council in the Goods Securities (Highways Fund) Amendment Bill.

 

 

                                                                                                In Committee

 

                Resolved - That the suggested amendment be agreed to.

 

                                                                                                                     


                                                                                                         199

 

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the suggested amendment

                    referred to it, had agreed to the same without amendment and had amended the Bill accordingly.

 

12           Wrongs (Parents' Liability) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Wrongs (Parents'

                    Liability) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Mr S.G. Evans, by leave, that the debate be further adjourned and

                    resumed on motion.

               

13           Statutes Amendment (Illegal Use of Motor Vehicles) Bill

                Mr Brindal, pursuant to notice, moved - That he have leave to introduce a Bill for an

                    Act to amend the Children's Protection and Young Offenders Act 1979, the Criminal Law Consolidation Act 1935 and the Road Traffic Act 1961.

                Question put and passed.

 

                Bill presented and read a first time.

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

                Ordered, on motion of Hon. T.H. Hemmings, that the debate be adjourned until Wednesday

                    next.      

 

14           Parliament (Joint Parliamentary Service Committee) Amendment Bill

                Mr M.J. Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an

                    Act to amend the Parliament (Joint Services) Act 1985.

                Question put and passed.

 

                Bill presented and read a first time.

                Mr M.J. Evans moved - That this Bill be now read a second time.

                Ordered, on motion of Hon. J.P. Trainer, that the debate be adjourned until Wednesday

                    next.

                   

15           Acts Interpretation (Commencement) Amendment Bill

                Mr M.J. Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an

                    Act to amend the Acts Interpretation Act 1915.

                Question put and passed.

 

                Bill presented and read a first time.

                Mr M.J. Evans moved - That this Bill be now read a second time.

                Ordered, on motion of Mr S.G. Evans, that the debate be adjourned until Wednesday

                    next.

               

16           Subordinate Legislation (Commencement and Expiry) Amendment Bill

                Mr M.J. Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an

                    Act to amend the Subordinate Legislation Act 1978.

                Question put and passed.

 

                Bill presented and read a first time.

                Mr M.J. Evans moved - That this Bill be now read a second time.

                Ordered, on motion of Mr McKee, that the debate be adjourned until Wednesday

                    next.

               

 

 

                                                                                                         200

 

 

17           Postponement of business                   

                Ordered - separately - That Orders of the Day (Private Members Bills) Nos 1 and 2 be

                    Orders of the Day for Wednesday next.

 

18           Fire Control Management - Motion for Select Committee

                Hon. T. Chapman, pursuant to notice, moved - That a Select Committee of this House be

                    established to inquire into and report on the application of fire control management and suppression of fire on -

                (a)     public broadacre lands and road sides generally;  and

                (b)     national parks, fauna and flora and recreation reserves in particular; and, where required, identify recommended changes to the relevant fire control Act/s.

                Ordered, on motion of the Minister for Environment and Planning (Hon. S.M. Lenehan),

                    that the debate be adjourned until Thursday 28 November.

 

19           Postponement of business

                Ordered - separately - That Notices of Motion (Regulations/Committees) Nos 2, 3 and 6 be

                    Notices of Motion for Thursday 28 November.

 

20           Postponement of business

                Ordered - separately - That Orders of the Day (Regulations/Committees) Nos 1 and 2 be

                    Orders of the Day for Thursday 28 November.

 

21           Fire Services Rationalisation - Motion re

                Hon. T.H. Hemmings, pursuant to notice, proceeding to move - That this House endorses the current constructive moves to rationalise the communications and training facilities of the South Australian Metropolitan Fire Service and the South Australian Country Fire Service.

                Ordered, on motion of Hon. T.H. Hemmings, by leave, that the motion be adjourned until

                  Thursday 28 November.

 

                                                                                                                       

 

                It being 8.30 p.m. Orders of the Day Government Business were resumed.

 

                                                                                                                       

 

22           Wrongs (Parents' Liability) Amendment Bill

                Ordered - That the adjourned debate on the question - That the Wrongs (Parents' Liability)

                    Amendment Bill be now read a second time - be now resumed.

                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 Ingerson moved on page 1, lines 22 to 25, to leave out all words in these lines and insert in

                    lieu thereof the following:

                "the following persons are jointly and severally liable with the child for injury, loss or

                    damage resulting from the tort -

 

 

 

 

 

                                                                                                         201

 

 

                (c)     a parent of the child with whom the child was residing at the time of the commission of the tort, if the parent was not at that time exercising, and generally failed to exercise, a level of supervision and control over the child's activities appropriate in all the circumstances of the case;

                (d)     the Minister of Family and Community Services, if at the time of the commission of the tort the child was under the guardianship of the Minister".

 

                To report progress and ask leave to sit again.

 

                                                                                                                             

 

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the Bill referred to it, had made

                    progress therein and asked leave to sit again.

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

 

23           Extension of time for adjournment

                The Minister of Education (Hon. G.J. Crafter) moved - That the time for moving the

                    adjournment of the House be extended beyond 10.00 p.m.

                Question put and passed.

 

24           Wrongs (Parents' Liability) Amendment Bill

                Ordered - That the further consideration in Committee of the Wrongs (Parents' Liability)

                    Amendment Bill be now resumed.

               

                                                                                                In Committee

 

                                              Clause No. 3 further considered.

                Mr Ingerson's amendment further considered and negatived.

                Mr Ingerson moved on page 2, lines 1 to 3, to leave out subsection (3).

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

                Mr Ingerson moved on page 2, after line 5, to insert new subsection as follows:

                (4a)        An order for damages made pursuant to this section against a parent cannot exceed $10 000.

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

                                              Clause otherwise amended and agreed to.

                                              Title agreed to.

 

                                                                                                                           

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the Bill referred to it and had

                    agreed to the same with an amendment.

 

                Bill read a third time and passed.

 

25           Fisheries (Miscellaneous) Amendment Bill

                Order of the Day read for the further consideration in Committee of the Fisheries

                    (Miscellaneous) Amendment Bill.

 

 

 

 

 

                                                                                                         202

 

 

                                                                                                In Committee

 

                                              Clause No. 2 further considered and agreed to.

                                              Clauses Nos 3 to 11 agreed to.

                                              Clause No. 12 read.

 

                To report progress and ask leave to sit again.

 

                                                                                                                             

 

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the Bill referred to it, had made

                    progress therein and asked leave to sit again.

                Ordered - That the Committee have leave to sit again tomorrow.

 

26           Adjournment

                House adjourned at 11.01 a.m. until tomorrow at 10.30 a.m.

 

 

                                                                    MOTION OF WHICH NOTICE WAS GIVEN

 

For 27 November 1991

                Notice of Motion: Private Members Bills -                                    

 

Mr M.J. Evans to move - That he have leave to introduce a Bill for an Act to amend

                the Constitution Act 1934.

 

                                                                                                                       

 

 

                Present during the day - All the Members.

 

 

 

 

                                                                                                                                                                                N.T. Peterson

                                                                                                                                                                                SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY