No 30

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 25 MARCH 1999

 

 

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 – separately - That Notices of Motion: Private Members Bills/Committees/ Regulations Nos 1 and 2 be Notices of Motion for Thursday 27 May.

 

3       Constitution (Citizenship) Amendment Bill – Rescission of Second Reading - Motion re

Mr Atkinson, pursuant to notice, moved – That the second reading of the Constitution (Citizenship) Amendment Bill be rescinded owing to the Bill being an amendment to the constitution of the House of Assembly and the Legislative Council and failing to gain the concurrence of an absolute majority of the whole number of the Members of the House on its second reading on Thursday 4 March 1999, as required by section 8 of the Constitution Act 1934.

         Mr Scalzi moved - That the debate be adjourned.


         Question put.

         House divided (No 1):

 


                       Ayes, 23

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr Meier

Hon J W Olsen

Mrs Penfold

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Scalzi (Teller)


        Noes, 21

 

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr McEwen

Ms Rankine

Hon M D Rann

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Atkinson (Teller)


 

         So it was resolved in the affirmative.

         Ordered – That the adjourned debate be an Order of the Day for Thursday 27 May.

 

4       Aboriginal Lands Trust Parliamentary Committee - Motion re

Mr Wright, pursuant to notice, moved – That this House expresses its regret that the Aboriginal Lands Trust Parliamentary Committee has not met since November 1996 and condemns the Minister for Aboriginal Affairs for not providing an annual report to the Parliament in 1998 as required by legislation and calls on the Minister to convene a meeting of the committee forthwith and provide the annual report as a matter of urgency.

         Debate ensued.

         Mr Meier moved – That the debate be adjourned.


         Question put.

         House divided (No 2):

 


                       Ayes, 24

 

Hon M H Armitage

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


        Noes, 20

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mrs Geraghty

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 Wright (Teller)


 

         So it was resolved in the affirmative.

         Ordered – That the adjourned debate be an Order of the Day for Thursday 27 May.

 

5       Select Committee on Water Allocation in the South East – Extension of time

         Order of the Day read for the Report of the Select Committee to be brought up.

Hon G M Gunn moved - That the time for bringing up the Report be extended until Thursday 27 July.

         Question put and passed.

 

6       Select Committee on A Heroin Rehabilitation Trial – Extension of time

         Order of the Day read for the Report of the Select Committee to be brought up.

Mr Hamilton-Smith moved - That the time for bringing up the Report be extended until Thursday 27 July.

         Question put and passed.

 

7       Postponement of business

Ordered – separately - That Orders of the Day: Private Members Bills/Committees/ Regulations Nos 3 to 7 be Orders of the Day for Thursday 27 May.

 

8       Native Vegetation Act - Regulations – Exemptions - Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Mr Hill – That the Regulations under the Native Vegetation Act 1991 relating to Exemptions, gazetted on 21 August 1998 and laid on the Table of this House on 15 November 1997, be disallowed.

         Debate resumed.

         Question put and negatived.


 

9       Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill

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

 

In Committee

 

         Chairman’s statement

         The Chairman made the following statement:

Before the Committee is a series of suggested amendments from the Legislative Council. I can find nothing in them to indicate that they amend any money clause in the Bill. To protect the House’s procedures, therefore, I propose that the Committee treat them as substantive amendments made by the Legislative Council.

 

Mr McEwen moved – That the amendments be agreed to.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon D C Wotton 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.

____________

 

It being Midday, Other Motions were called on.

____________

 

10      Suspension of Standing Orders

Mr Meier, without notice, moved - That Standing Orders be so far suspended as to enable Other Motions to be postponed until Orders of the Day: Private Members Bills/ Committees/ Regulations are disposed of.

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

 

11      Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill

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

 

In Committee

 

         Resolved – That the amendments be agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.


 

12      Christies Beach to Willunga Pipeline Construction – Referral to Public Works Committee - Motion re

Mr Lewis, pursuant to notice, moved - That this House calls on all Government agencies which have been involved in any way whatsoever with the work undertaken to construct the Christies Beach to Willunga Pipeline to prepare and present all relevant information about this public works to the Public Works Committee as required under and pursuant to the provisions of the Parliamentary Committees Act 1991 before 31 March 1999, and to appear before the Committee at times and places convenient to it to explain the work and answer all the Committee’s enquiries about the work and any related matters and refers this public works to the Committee.

         Question put and passed.

 

13      Great Mount Lofty Park - Motion re

Order of the Day read for the adjourned debate on the motion of Hon D C Wotton - That this House supports the establishment of the Great Mount Lofty Park acknowledging it was an important plank of the Government’s environment policy at the last election and recognising that the multi use Park will contribute significantly to the tourism potential in the Mount Lofty Ranges as well as resource protection and economic development within the State.

         Debate resumed.

         Question put and passed.

 

14      Sporting Flags Display - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hill - That this House calls on the Minister for Transport and Urban Planning to amend the Development Act 1993 and Regulations to ensure that South Australians have the right to display sporting flags.

Which Mr Hamilton-Smith has moved to amend by leaving out all words after “House” and inserting in lieu thereof the following:

         (a)  notes that the Development Act 1993 and Regulations already provide for the installation on private property of a flag pole less than 10 metres in height and the flying of a recognised sporting flag, without the need to seek Council approval; and

         (b)  considers that the Development Act 1993 and Regulations should continue to provide that flag poles greater than 10 metres in height and any flags incorporating advertising, require Council approval.

         Debate resumed.

         Question - That the amendment be agreed to – put.


 

         House divided (No 3):

 


                       Ayes, 23

 

Hon M H Armitage

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Hon G A Ingerson

Hon R G Kerin

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Hamilton-Smith (Teller)


        Noes, 19

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mrs Geraghty

Mr Hanna

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Hill (Teller)


 

         So it was resolved in the affirmative.

         Question – That the motion as amended be agreed to – put and passed.

 

15      Coongie Lakes Wetlands - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hill - That this House calls on the Minister for Environment and Heritage to ensure that applications to grant wilderness status to the Coongie Lakes Wetlands be processed forthwith, and calls on the Minister to ensure that Coongie Lakes Wetlands be given the highest possible level of environmental protection once the exploration licences for the area expire in February 1999.

Debate resumed.

Ordered, on motion of Mr De Laine, that the debate be further adjourned until Thursday 27 May.


 

16      Regulation of Jet Skis - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hill – That this House calls on the Minister for Transport and Urban Planning to prepare regulations for submission to the Governor in Executive Council under the Harbors and Navigation Act 1993  –

(a)  that provide for the regulation, restriction or prohibition of motorised jet skis in specified waters within I kilometre of the seashore adjacent to metropolitan Adelaide and other coastal cities and towns in the State;

(b)  that take into account the views of local government councils that have areas adjoining those waters to ensure that appropriate regulations, restrictions or prohibitions are in place to protect public safety and to allow the public to enjoy the beaches without unreasonable disruption or disturbance; and

(c)  that provide appropriate exemptions for jet skis used by surf life saving clubs.

Which Mr Lewis has moved to amend; in paragraph (a), by inserting the word “or” after the word “regulation”, by leaving out the words “or prohibition”, by leaving out the word “1 kilometre” and inserting the word “200 metres”, by leaving out the words “other coastal cities and towns in the State” and inserting in lieu thereof the words “specified off-river areas along the River Murray”; and in paragraph (b) by inserting the word “or” after the word “regulations”, by leaving out the words “or prohibitions”; and in paragraph (c) by leaving out the word “appropriate” and inserting after the word “clubs” the words “and in other appropriate cases”.

         Debate resumed.

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

         Question – That the motion be agreed to – put and passed.

 

17      Parliamentary Library Newspaper Subscriptions - Motion re

Order of the Day read for the adjourned debate on the motion of Hon G M Gunn - That this House calls on the Parliamentary Librarian to –

(a)    immediately renew the subscription to the London Times and the Weekend Times; and

        (b)    prepare and circulate to Members the costs of each subscription to all newspapers, magazines and periodicals received in the Library.

Which Mr Lewis has moved to amend by leaving out the words –

        “(a)   immediately renew the subscription to the London Times and Weekend Times;”

         Debate resumed.

         Question – That the amendment be agreed to – put and passed.

         Question – That the motion as amended be agreed to – put and passed.

 

18      Suspension and resumption of sitting

         At 12.57 pm the sitting of the House was suspended.

         At 2.00 pm the Speaker resumed the Chair.

 

19      Papers

         The following Papers were tabled:

 

By the Minister for Human Services (Hon D C Brown) -

              Chiropody Board of South Australia – Report, 1997-98

              Food Act – Report, 1997-98

              National Rail Agreement – Third Amending Agreement

 

          By the Minister for Education, Children’s Services and Training (Hon M R Buckby) -

              Education Act – Regulations – Material and Service Charges

Ministerial Statement – Pelican Point Power Station – Project Agreement


 

          By the Minister for Industry and Trade (Hon I F Evans) –

              Ministerial Statements –

                   Intoxication and the Criminal Law

                   Onkaparinga Crime Prevention Committee.

 

20      Public Works Committee – Ninety-Second and Ninety-Third Reports – Botanic, Wine and Rose Development – Stage 2 and Adelaide Festival Centre Upgrade – Stage 2

Mr Lewis brought up the Ninety-Second Report of the Committee on the Botanic, Wine and Rose Development – Stage 2.

         Report received.

         Ordered to be printed (Paper No 202).

 

Mr Lewis brought up the Ninety-Third Report of the Committee on the Adelaide Festival Centre Upgrade – Stage 2.

         Report received.

         Ordered to be printed (Paper No 203).

 

21      Questions

         Questions without notice were asked.

 

22      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

23      Next day of sitting

The Minister for Human Services (Hon D C Brown) moved - That the House at its rising adjourn until Tuesday 25 May at 2.00 pm.

         Question put and passed.

 

24      Emergency Services Funding (Miscellaneous) Amendment Bill

The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Emergency Services Funding Act 1998.

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 Conlon, that the debate be adjourned until Tuesday 25 May.

 

25      Wingfield Waste Depot Closure Bill

         Order of the Day read for the second reading of this Bill.

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

         Debate ensued.

 

26      Extension of time for adjournment

The Minister for Human Services moved - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

 

27      Wingfield Waste Depot Closure Bill

         Debate (interrupted by the foregoing motion) resumed.

         Ordered, on motion of Mr Meier, that the debate be adjourned and resumed on motion.

 

28      Evidence (Confidential Communications) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

29      Evidence (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 4 agreed to.

                                                Clause No 5 amended and agreed to.

         `                                      Clauses Nos 6 to 8 agreed to.

                                                Clause No 9 amended and agreed to.

                                                Clauses Nos 10 to 21 agreed to

                                                Title agreed to.

____________

 

         The House having resumed:

Mr Venning 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.

 

30      Listening Devices (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 4 agreed to.

                                                Clause No 5 read.

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Mr Venning 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.

 

31      Messages from the Legislative Council

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

 

         Soil Conservation and Land Care (Appeal Tribunal)

         Amendment Bill                                                                          Message No 46

MR SPEAKER - The Legislative Council has passed the Bill returned herewith, titled an Act to amend the Soil Conservation and Landcare Act 1989, without any amendment.

         Legislative Council, 25 March 1999                                                 J C Irwin, PRESIDENT

 

         Supply Bill                                                                                  Message No 47

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2000, without any amendment.

         Legislative Council, 25 March 1999                                                 J C Irwin, PRESIDENT

 

         Year 2000 Information Disclosure Bill                                         Message No 48

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to encourage the voluntary disclosure and exchange of information about year 2000 computer problems and remediation efforts; and for other purposes, without any amendment.

         Legislative Council, 25 March 1999                                                 J C Irwin, PRESIDENT

 

32      Wingfield Waste Depot Closure Bill

Ordered - That the adjourned debate on the question - That this 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 McEwen moved on page 1, lines 22 to 24 to leave out paragraph (c).

         Question – That the amendment be agreed to – put.


 

         Committee divided (No 4):

 


                       Ayes, 7

 

Mr Condous

Hon G M Gunn

Mr Lewis

Ms Maywald

Mr Scalzi

Mr Williams

Mr McEwen (Teller)


        Noes, 37

 

Hon M H Armitage

Mr Atkinson

Ms Bedford

Ms Breuer

Hon M K Brindal

Mr Brokenshire

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Mr Meier

Hon J K G Oswald

Mrs Penfold

Ms Rankine

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Mr Venning

Ms White

Mr Wright

Hon D C Brown (Teller)


 

         So it passed in the negative.

                                               Clause agreed to.

                                               Clauses Nos 4 and 5 agreed to.

                                               Clause No 6 read.

         Mr Condous moved – That progress be reported.

         Question put.


 

         Committee divided (No 5):

 


                       Ayes, 7

 

Hon G M Gunn

Mr Lewis

Ms Maywald

Mr McEwen

Mr Scalzi

Mr Williams

Mr Condous (Teller)


        Noes, 37

 

Hon M H Armitage

Mr Atkinson

Ms Bedford

Ms Breuer

Hon M K Brindal

Mr Brokenshire

Hon M R Buckby

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Hon I F Evans

Mr Foley

Mrs Geraghty

Hon J L Hall

Mr Hamilton-Smith

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Hon R G Kerin

Ms Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Mr Meier

Hon J K G Oswald

Mrs Penfold

Ms Rankine

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Mr Venning

Ms White

Mr Wright

Hon D C Brown (Teller)

 


 

         So it passed in the negative.

                                               Clause No 6 further considered and agreed to.

                                               Clauses Nos 7 to 15 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 without amendment.

The Minister for Human Services moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.


 

33      Listening Devices (Miscellaneous) Amendment Bill

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

 

In Committee

                                                Clause No 5 further considered and agreed to.

                                                Clause No 6 agreed to.

                                                Clause No 7 read.

The Minister for Industry and Trade (Hon E F Evans) moved on page 4, line 6, to leave out the words “sections are substituted” and insert in lieu thereof the words “section is substituted” and on page 4, line 21, to leave out proposed sections 5A, 5B, 5C, 5D, 5E, 5F and 5G.

Question – That the amendment be agreed to – put.

         Committee divided (No 6):

 


                       Ayes, 23

 

Hon M H Armitage

Hon M K Brindal

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

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J K G Oswald

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon I F Evans (Teller)


        Noes, 19

 

Ms Bedford

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Atkinson (Teller)


 

         So it was resolved in the affirmative.

                                               Clause as amended agreed to.

                                               Clauses Nos 8 to 11 amended and agreed to.

                                               Clause No 12 agreed to.

                                               Clauses Nos 13 to 15 amended and agreed to.

                                               Clause No 16 agreed to.

                                               Schedule amended and 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.


34      Message from the Legislative Council

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

 

         Trans-Tasman Mutual Recognition (South Australia) Bill            Message No 49

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to facilitate the recognition within Australia of regulatory standards adopted by New Zealand regarding goods and occupations and, for that purpose, to adopt the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth as a law of the State, without any amendment.

         Legislative Council, 25 March 1999                                                 J C Irwin, PRESIDENT

 

35      Industrial and Employee Relations (Workplace Relations) Amendment Bill

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

Ms Hurley moved – That the debate be further adjourned.

         Question put.

         House divided (No. 7):

 


                       Ayes, 22

 

Mr Atkinson

Ms Bedford

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Ms Maywald

Mr McEwen

Ms Rankine

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr Wright

Ms Hurley (Teller)


        Noes, 20

 

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Mr Meier

Mr Scalzi

Hon R B Such

Mr Venning

Hon D C Wotton

Hon M H Armitage (Teller)


 

         So it was resolved in the affirmative.

         Ordered – That the adjourned debate be an Order of the Day for Tuesday 25 May.

 

36      Message from the Legislative Council

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

 

         Nurses Bill                                                                                  Message No 50

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the registration and enrolment of nurses; to regulate nursing for the purposes of maintaining high standards of competence and conduct by nurses in South Australia; to repeal the Nurses Act 1984; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 25 March 1999                                                 J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

          No. 1. Page 1, line 20 (clause 3)—Leave out “roll of nurses” and insert:

                                 nurses roll

 

          No. 2.  Page 2 (clause 3)—After line 7 insert the following:

                   “mental health nurse” means a person who is authorised under this Act to practise mental health nursing;

 

                    “mental health nurses register”—see section 22(2a)(c);

 

                    “mental health nursing” means nursing care provided to a person in the field of mental health;

 

                    “midwife” means a person who is authorised under this Act to practise midwifery;

 

                    “midwifery” means care, assistance or support provided to a mother or child in relation to pregnancy or the birth of a child;

 

                    “midwives registersee section 22(2a)(b);

 

No. 3.  Page 2 (clause 3)—After line 8 insert the following:

                                 “nurses roll” or “roll” means the roll under section 22(1)(b);

 

No. 4.  Page 2, lines 14 to 18 (clause 3)—Leave out the definitions and note in these lines and insert:

                                “registered” means registered under this Act;

 

          No. 5.  Page 2, lines 20 to 22 (clause 3)—Leave out the definition of “roll” or “roll of nurses”.

 

          No. 6.  Page 2 (clause 3)—After line 22 insert the following:

                                “special practice area”—see subsection (3);

 

No. 7.  Page 3 (clause 3)—After line 9 insert the following:

                             (3)  For the purposes of this Act, the following are special practice areas:

                    (a)     midwifery;

                    (b)     mental health nursing;

                    (c)     any other area of nursing recognised by the Board as being a special practice area (see section 16).

 

No. 8.  Page 4, line 19 (clause 5)—After “this Act” insert:

                                               chosen at an election conducted in accordance with the regulations

 

No. 9.  Page 4, line 24 (clause 5)—Leave out subclause (2) and insert new subclause as follows:

                    (2)  At least six members of the Board must be women and at least one member of the Board must be a man.


 

No. 10. Page 4 (clause 5)—After line 24 insert the following:

                      (2a)  An election under subsection (1)(b) must be conducted in accordance with principles of proportional representation.

                     (2b)  Every person registered or enrolled under this Act will be entitled to vote at an election under subsection (1)(b).

 

No. 11. Page 4, line 25 (clause 5)—After “a member of the Board” insert:

                                              under subsection (1)(b)

 

No. 12. Page 6, line 8 (clause 10)—Leave out “two” and insert:

                                              three

 

No. 13. Page 9, line 13 (clause 16)—Leave out “and professional standards”.

 

No. 14. Page 9 (clause 16)—After line 13 insert the following:

                            (fa) to endorse professional standards, including definitions and titles;

 

No. 15. Page 9 (clause 16)—After line 15 insert the following:

                            (ga) to determine and recognise special practice areas for the purposes of this Act;

 

No. 16. Page 9, line 25 (clause 16)—Leave out “(f)”.

 

No. 17. Page 10 (clause 16)—After line 4 insert the following:

                     (4) Special practice areas will be those fields of nursing (in addition to the fields of midwifery and mental health nursing) that, in the opinion of the Board, require recognition under this Act as fields of nursing that require nurses who practise in those fields without supervision to have special qualifications, experience and authorisation.

 

No. 18. Page 12, lines 8 to 18 (clause 22)—Leave out subclause (2) and insert new subclause as follows:

                        (2)  The register will be a register of persons to whom the Board has granted registration under this Act.

                     (2a)  The register will be made up of the following parts:

                               (a)   the general nurses register;

                               (b)   the midwives register;

                               (c)   the mental health nurses register;

                               (d)   other parts (or “registers”) for other areas of nursing recognised by the Board as being special practice areas (if any).

                     (2b)  The register must include, in relation to each registered person—

                               (a)   the person’s full name, personal address and business address (if any); and

                               (b)   the qualifications for registration held by the person; and

                               (c)   details of any specialist qualifications held by the person and determined by the Board to be appropriate for inclusion on the register; and

                               (d)   details of any condition or limitation that applies to the person under this Act; and

                               (e)   details concerning the outcome of any action taken against the person by the Board under Part 5,

                     and may include other information as the Board thinks fit.

 

No. 19. Page 12, line 23 (clause 22)—Leave out “nursing”.

 

No. 20. Page 12, lines 25 and 26 (clause 22)—Leave out paragraphs (d) and (e) and insert new paragraph as follows:

 

                     (d)   details of any condition or limitation that applies to the person under this Act;

 

No. 21. Page 13, line 5 (clause 22)—Leave out “nurse or an enrolled nurse” and insert:

 

                                              or enrolled person

 

No. 22. Page 13, line 12 (clause 22)—Leave out “(2)(b) to (e) or (3)(b) to (e)” and insert:

 

                                               (2a)(b), (c) or (d) or (3)(b), (c) or (d)

 

No. 23. Page 13, line 22 (clause 23)—After “on” insert:

 

                                              an appropriate part of

 

No. 24. Page 13, lines 29 and 30 (clause 23)—Leave out “in the field of nursing” and insert:

 

                                               as a nurse

 

No. 25. Page 13 (clause 23)—After line 30 insert the following:

 

                        (3)  However, unless subsection (4) applies, only a nurse registered in a special practice area may practise in that area without supervision.

                        (4)  The Board may, on conditions determined by the Board, authorise a registered nurse to practise without supervision in a special practice area in which the person is not registered.

                        (5) The Board may, as it thinks fit, by written notice to a nurse who holds an authorisation under subsection (4)—

                        (a)     vary conditions that apply under that subsection;

                        (b)     revoke an authorisation under that subsection.

 

No. 26. Page 14, lines 10 to 21 (clause 24)—Leave out subclauses (2), (3), (4) and (5) and insert new subclauses as follow:

 

                     (2)  Subject to this Act, enrolment as a nurse authorises the enrolled nurse to practise in all fields of nursing under the supervision of a registered nurse who is authorised under this Act to practise in the relevant field without supervision.

                     (3)  The Board may, on conditions determined by the Board, authorise an enrolled nurse to practise in a field or fields of nursing without the supervision of an appropriately qualified registered nurse (or without the supervision of a registered nurse at all).

                     (4)  However—

                               (a)      the Board must not give an authorisation under subsection (3) unless or until the Board has obtained the advice of a panel established by the Board under subsection (5); and

                               (b)      the Board must, in determining whether to give an authorisation under subsection (3), consider—

                                        (i)       issues associated with public access to nursing care; and

                                        (ii)      the public interest in ensuring that appropriate standards of nursing care are maintained; and

                                        (iii)     the qualifications, experience and competency of the particular person.

                        (5)  The Board must establish an expert advisory panel to consider any application under subsection (3).

                        (6)  The panel must include—

                               (a)      at least one person nominated by the Australian Nursing Federation (SA Branch); and

                               (b)      at least one person nominated by the Royal College of Nursing, Australia (SA Branch).

                     (7)  The Board may, as it thinks fit, by written notice to an enrolled nurse who holds an authorisation under subsection (3)—

                               (a)      vary conditions that apply under that subsection;

                               (b)      revoke an authorisation under that subsection.

                      (8)  The Board must not give an authorisation under subsection (3) until at least six months have elapsed from the commencement of that subsection.

                      (9)  The Board must, during the period of six months from the commencement of subsection (3), consult with the Australian Nursing Federation (SA Branch) and the Royal College of Nursing, Australia (SA Branch) on the implementation and operation of that subsection.

 

No. 27.    Page 17 (clause 33)—After line 18 insert the following:

 

             (2)  A nurse can be registered on two or more parts of the register at the same time.

 

No. 28.    Page 18 (clause 39)—After line 27 insert the following:

 

                        (3a)  A person who is registered or enrolled under this Act must not perform a function in the provision of nursing care that the person is not authorised to perform under this Act.

                      (3b)  A person must not require another to perform a function in provision of nursing care that the other person is not authorised to perform under this Act.

 

No. 29.    Page 18, lines 28 to 30 (clause 39)—Leave out all words in these lines and insert:

 

                        A person who is not registered as a midwife under this Act must not—

 

No. 30.    Page 18, lines 34 to 36 (clause 39)—Leave out subclause (5) and insert new subclause as follows:

 

                        (5)  A person must not hold out another as a midwife unless the other person is registered as a midwife under this Act.

 

No. 31.    Page 19, lines 1 to 3 (clause 39)—Leave out all words in these lines and insert:

 

                        A person who is not registered as a mental health nurse under this Act must not—

 

No. 32.    Page 19, lines 9 to 11 (clause 39)—Leave out subclause (7) and insert new subclauses as follow:

 

                        (7)  A person must not hold out another as a mental health nurse unless the person is registered as a mental health nurse under this Act.

                (8)  A person who is not registered in another special practice area under this Act must not—

                     (a)   take or use a title calculated to induce the belief on the part of another that the person is a nurse who is entitled to practise in that area; or

                     (b)   hold himself or herself out as being entitled to practise as a nurse in that area.

 

No. 33. Page 21, line 27 (clause 46)—Leave out “(a) or”.

 

          No. 34. Page 28, line 18 (clause 63)—Leave out “in” and insert:

 

                                to

 

No. 35. Page 28—After line 23 insert new clause as follows:

 

                     Review of special authorisations

                     64.  (1)  The Board must, by 30 June 2002, complete a review on the operation of section 24(3) of this Act.

                     (2)  The Board must, in conducting a review under subsection (1), consult—

                            (a)      with appropriate organisations and associations that, in the opinion of the Board, represent the interests of nurses in the State; and

                            (b)      with the public generally.

                     (3)  The Board must prepare a report on the outcome of the review and provide a copy of the report to the Minister by the date referred to in subsection (1).

                     (4)  The Minister must, within six sitting days after receiving a report under subsection (3), have copies of the report laid before both Houses of Parliament.

 

No. 36. Page 29, lines 24 to 35 and page 30, lines 1 to 14 (Schedule)—Leave out subclauses (1) and (2) and insert new subclauses as follow:

 

                    (1)  The following provisions apply with respect to registration under the repealed Act:

                            (a)    a nurse registered under the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to be registered on the appropriate register under this Act; and

                            (b)   a specialist nursing qualification held by a nurse that is noted on a register under the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to be noted on the appropriate register under this Act.

                    (2)  The following provisions apply with respect to enrolment under the repealed Act:

                            (a)    a nurse enrolled under the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to be enrolled on the roll under this Act; and

                            (b)   a specialist nursing qualification held by a nurse that is noted on a roll under the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to be noted on the roll under this Act.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

         The Minister for Human Services moved – That Amendments Nos 1 to 8 be agreed to.

 

         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.

 

37      Suspension of Standing Orders

The Minister for Human Services, 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 an absolute majority of the whole number of Members of the House.

____________

 

It being Midnight

FRIDAY 26 MARCH 1999

____________

 

38      Nurses Bill

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

 

In Committee

         Resolved – That Amendments Nos 1 to 8 be agreed to.

         Resolved – That Amendment No 9 be disagreed to.

         Resolved – That Amendments Nos 10 to 36 be agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 8 and Nos 10 to 36 without amendment and had disagreed to Amendment No 9.

 

39      Messages from the Legislative Council

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

 

         Evidence (Miscellaneous) Amendment Bill                                 Message No 51

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Evidence (Miscellaneous) Amendment Bill, without any amendment.

         Legislative Council, 25 March 1999                                                 J C Irwin, PRESIDENT

 

         Collections for Charitable Purposes (Definition of Charitable Purpose)

         Amendment Bill                                                                          Message No 52

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Collections for Charitable Purposes Act 1939, without any amendment.

         Legislative Council, 25 March 1999                                                 J C Irwin, PRESIDENT

 

         Nurses Bill                                                                                  Message No 53

MR SPEAKER - The Legislative Council does not insist on its Amendment No 9 in the Nurses Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

         Legislative Council, 25 March 1999                                                 J C Irwin, PRESIDENT

 

40      Adjournment

         House adjourned at 12.36 am until Tuesday 25 May at 2.00 pm.


 

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Wednesday 26 May 1999

 

Notices of Motion: Standing Committee Reports

 

Mr Lewis to move – That the Ninety-Second Report of the Public Works Committee on the Botanic, Wine and Rose Development – Stage 2 be noted.

 

Mr Lewis to move – That the Ninety-Third Report of the Public Works Committee on the Adelaide Festival Centre Upgrade – Stage 2 be noted.

 

____________

 

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

 

         Division No 1 -

               Ayes - Hon D C Kotz.

               Noes - Mr Snelling.

 

         Division No 2 -

               Ayes - Hon M K Brindal.

               Noes - Mr Foley.

 

         Division No 3  -

               Ayes - Hon M K Brindal and Hon D C Kotz.

               Noes - Mr Foley and Hon M D Rann.

 

         Division No 4 -

               Ayes - Hon J W Olsen and Mrs Penfold.

               Noes - Ms Breuer and Hon M D Rann.

 

         Division No 5 -

               Ayes - Ms Breuer and Hon M D Rann.

               Noes - Hon J W Olsen and Mrs Penfold.

 

 

         Present during the day - All Members.

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY