No 30

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 9 JULY 1998

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and read prayers.

 

2       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 5 be Notices of Motion for Thursday 23 July.

 

3       South Australian Health Commission (Health Services) Amendment Bill

Ms Stevens, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the South Australian Health Commission Act 1976.

Question put and passed.

 

Bill presented and read a first time.

Ms Stevens moved - That this Bill be now read a second time.

Ordered, on motion of Mr Brokenshire, that the debate be adjourned until Thursday 23 July.

 

4       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be an Order of the Day for Thursday 23 July.

 

5       Evidence (Sexual Offences) 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.

Ordered, on motion of Mr Meier, that the debate be further adjourned until Thursday 23 July.

 

6       Postponement of business

Ordered - separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 3 to 5 be Orders of the Day for Thursday 23 July.

 

7       Education (Government School Closures and Amalgamations) 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 postponed until after clause No 3.

                                           Clause No 3 read.

Ms White moved on page 1, line 20 to leave out the words “OR AMALGAMATION”; on page 1, lines 22 and 23 to leave out the words “or amalgamated with another Government school”; and on page 2, lines 6 to 23 to leave out section 14B and insert in lieu thereof the following:

 

Initiation of procedure for closure of Government schools

14B.     The following provisions apply in relation to the closure of a Government school to which this Part applies:

(a)  the school cannot be closed except at the end of a calendar year;

(b)  the Minister must—

(i)   give written notice of the proposal to close the school to the head teacher of the school and the presiding member of the school council; and

(ii)   publish a notice of the proposal in a newspaper circulating generally throughout the State, not later than 15 June in the year preceding the year of the proposed closure;

(c)  the Minister must, within 21 days of giving notice under paragraph (b)

(i)   appoint a committee to review the proposed closure; and

(ii)   provide the committee with details of the Minister's reasons for the proposed closure and copies of any reports or other documents prepared by or for the Minister or the Department relating to the proposed closure.

 

And on page 2, lines 25 to 34 and page 3, lines 1 to 4 to leave out section 14C and insert the following in lieu thereof:

 

14C. (1) A committee appointed by the Minister under this Part will consist of—

(a)  —

(i)   if the school is situated within the area of a council constituted under the Local Government Act 1934—the mayor or chairman of the council (or a person nominated by the mayor or chairman); or

(ii)   in any other case—a person nominated by the Minister for Local Government; and

(b)  the Director-General (or a person nominated by the Director-General); and

(c)  the presiding member of the school council (or a person nominated by the presiding member); and

(d)  a person nominated by—

(i)   if the school is a primary school—the South Australian Association of School Parents' Clubs Inc; or

(ii)   in any other case—the South Australian Association of State School Organisations Incorporated; and

(e)  a person nominated by the Australian Education Union, South Australian Branch; and

(f)   a person nominated by the Minister.

(1a) The member holding office under subsection (1)(a) will be the presiding member of the committee.

 

And on pages 3 and 4, to leave out sections 14D to 14F and insert the following in lieu thereof:


Conduct of review

14D. (1) A committee, in conducting a review of a proposal to close a school, must—

(a)  call for submissions and seek expert demographical and educational advice relating to the school's present and future use; and

(b)  invite submissions from, and meet with, teachers and parents of students of the school and representatives of local communities likely to be affected by the closure of the school.

(2) In making a recommendation relating to the closure, the committee must have regard to the educational, social and economic needs of the local communities likely to be affected by the closure and of the needs of the State as a whole.

Report on review

14E. A committee must, by 30 September of the year in which the committee is appointed, submit to the Minister its report on the review and the recommendation of the committee.

Decision not to accept committee's recommendation to be laid before Parliament

14F. If a committee recommends that a Government school should not be closed and the Minister does not accept that recommendation, the Minister must, within six sitting days after receipt of the report and recommendation of the committee, cause—

(a)  a copy of the report and recommendation; and

(b)  the Minister's reasons for closing the school and for rejecting the recommendation of the committee,

to be laid before each House of Parliament.

 

To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon D C Wotton 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.

 

8       Suspension of Standing and Sessional Orders

Mr Meier, without notice, moved - That Standing and Sessional Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Order of the Day: Private Members Bills/ Committees/ Regulations No 6 is disposed of.

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

 

9       Education (Government School Closures and Amalgamations) Amendment Bill

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

 

In Committee

                                           Clause No 3 further considered.

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

                                           Clause otherwise amended and agreed to.

                                           Clauses Nos 1 and 2 agreed to.

                                           Title agreed to.

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.


 

10      Education Budget Cuts - Motion re

Ms White, pursuant to notice, moved - That this House expresses concern that South Australia’s public school and TAFE systems will suffer unprecedented budget cuts over the next three years and censures the Minister for Education, Children’s Services and Training for failing to protect the future of education and training in this State and for accepting the Government’s cuts to his portfolio which far exceed those in other Departments.

Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 23 July.

 

11      Bank Closures in Country - Motion re

Mr Venning, pursuant to notice, moved – That this House condemns the major banks for the closure of many branches in country regions with no consideration for the impact on local communities.

Debate ensued.

____________

 

Orders of the Day: Other Motions were called on by the Clerk.

____________

 

12      Postponement of business

Ordered - That Orders of the Day: Other Motions be postponed and taken into consideration after Notices of Motion: Other Motions are disposed of.

 

13      Bank Closures in Country - Motion re

Debate (interrupted by the foregoing) resumed.

Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday 23 July.

 

14      Petition No 77

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

 

77   Mr Hill, from 21 residents of South Australia, requesting that the House urge the Government to oppose the sale or lease of ETSA and Optima Energy assets.

 

15      Public Works Committee – Final Reports – Mount Gambier Police Complex, Adelaide Youth Court Redevelopment, Spencer Institute of TAFE – Kadina Campus

Mr Brokenshire brought up the Seventy-Second Report of the Committee on the Mount Gambier Police Complex – Final Report.

         Report received.

         Ordered to be printed (Paper No 203).

 

Mr Brokenshire brought up the Seventy-Third Report of the Committee on the Adelaide Youth Court Redevelopment – Final Report.

         Report received.

         Ordered to be printed (Paper No 204).

 

Mr Brokenshire brought up the Seventy-Fourth Report of the Committee on the Spencer Institute of TAFE – Kadina Campus – Report.

         Report received.

         Ordered to be printed (Paper No 205).

 

16      Questions

         Questions without notice were asked.


 

17      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

18      Next day of sitting

The Deputy Premier (Hon R G Kerin) moved - That the House at its rising adjourn until Tuesday 21 July 1998 at 2.00 pm.

Question put and passed.

 

19      Southern State Superannuation (Merger of Schemes) Amendment Bill

The Minister for Education, Children’s Services and Training (Hon M R Buckby), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Southern State Superannuation Act 1994; to make a related amendment to the Superannuation Funds Management Corporation of South Australia Act 1995; and to repeal the Superannuation (Benefit Scheme) Act 1992.

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 Hurley, that the debate be adjourned until Tuesday 21 July.

 

20      Message from the Legislative Council

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

 

         Motor Vehicles (Cheque and Debit or Credit Card Payments)

         Amendment Bill                                                                                      Message No 82

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Motor Vehicles Act 1959, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 8 July 1998                                                      J C Irwin, PRESIDENT

 

         Bill read a first time.

The Minister for Human Services (Hon D C Brown) moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Hurley, that the debate be adjourned until Tuesday 21 July.

 

21      Postponement of business

Ordered - That Notice of Motion: Standing Committee Reports No 1 be a Notice of Motion for Thursday 23 July.

 

22      Postponement of business

Ordered - That Order of the Day: Standing Committee Reports No 1 be an Order of the Day for Thursday 23 July.

 

23      Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

        


 

In Committee

                                                Clauses Nos 1 to 3 agreed to.

                                                Clause No 4 read.

         Question – That the clause stand as printed – put.

         Committee divided (No 1)

 


                       Ayes, 21

 

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon G M Gunn

Hon J L  Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Mr Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon I F Evans (Teller)


        Noes, 17

 

Mr Atkinson

Ms Bedford

Mr Clarke

Mr De Laine

Mr Foley

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Conlon (Teller)


 

         So it was resolved in the affirmative.

____________

 

         The House having resumed:

Hon D C Wotton 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.

 

24      Paper

         The following Paper was tabled:

 

         By the Deputy Premier –

     Ministerial Statement – Roxby Downs (Indenture Ratification) (Aboriginal Heritage) Act 1998.

 

25      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

26      Barley Marketing (Deregulation of Stockfeed Barley) 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.

Ordered, on motion of Ms Hurley, that the debate be further adjourned and resumed on motion.

        

27      Messages from the Governor’s Deputy

         The following Messages from the Governor’s Deputy were received and read:

 

         Police Bill - Recommending                                                                   Message No 15

The Governor’s Deputy recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Police Bill 1998.

         Government House, 9 July 1998                                                     E J Neal, GOVERNOR

 

         Southern State Superannuation (Merger of Schemes) Amendment

         Bill - Recommending                                                                              Message No 16

The Governor’s Deputy recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Southern State Superannuation (Merger of Schemes) Amendment Bill 1998.

         Government House, 9 July 1998                                                     E J Neal, GOVERNOR

 

28      Suspension of Standing Orders

The Minister for Police, Correctional Services and Emergency Services (Hon I F Evans), without notice, moved - That Standing Orders be so far suspended as to enable the moving of a motion forthwith for the rescission of the third reading of the Police Bill.

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

 

Rescission of vote

The Minister then moved – That the third reading of the Police Bill taken in the House on Wednesday 8 July 1998 be rescinded.

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

 

         Police Bill

         The Minister moved – That this Bill be now read a third time.

         Question put and passed.

 

         Bill read a third time and passed.

 

29      Barley Marketing (Deregulation of Stockfeed Barley) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

30      Non-Metropolitan Railways (Transfer)(Building and Development Work) 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.

Ordered, on motion of the Minister for Human Services, by leave, that the debate be further adjourned until Tuesday 21 July.

 

31      Adjournment

         House adjourned at 5.20 pm until Tuesday 21 July at 2.00 pm.

 

___________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Thursday 23 July 1998

 

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

 

Mr Brokenshire to move – That the Seventy-Fourth Report of the Public Works Committee on the Spencer Institute of TAFE – Kadina Campus be noted.

 

 

CONTINGENT NOTICES OF MOTION

 

Contingently on the Local Government (Miscellaneous) Amendment Bill being read a second time, Mr Atkinson to move – That it be an instruction to the Committee of the whole House that it have power to consider a new clause relating to road closures.

 

Contingently on the Order of the Day being read for the adjourned debate on the second reading of the Ombudsman (Private or Corporatised Community Service Providers) Amendment Bill, Mr Meier to move – That all words after the word “be” be left out and the words “ withdrawn and referred to the Legislative Review Committee for its report and recommendation” be inserted in lieu therof.

____________

 

 

Present during the day - All Members except Hon M H Armitage, Hon M K Brindal and Mr Lewis.

 

 

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

 

         Division No 1 -

               Ayes - Hon M H Armitage, Hon M K Brindal, Mr Lewis and Hon J W Olsen.

               Noes – Ms Breuer, Ms Ciccarello, Mrs Geraghty and Mr Wright.

 

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY