No 31

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 10 FEBRUARY 2005

 

 

1       Meeting of House

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

 

2       Brownhill and Keswick Creeks Flood Plain PAR - Motion re

Mr Hamilton-Smith, pursuant to notice, moved - That this House calls on the Minister for Planning and Urban Development to

(a)           immediately rescind the interim effect of the Brownhill & Keswick Creeks Flood Plain PAR;

(b)           commission a new round of public consultation in order to ascertain the concerns of all residents affected by the PAR; and

(c)           review whether the PAR is necessary once the Patawalonga Catchment Water Management Board consultancy has completed the Flood Mitigation Study.

         Debate ensued.

         Question put.

 

         House divided (No 1):

 

           Ayes, 19

 

           Noes, 25

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Hanna

Mrs Hall

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon K A Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Mr Hamilton-Smith (Teller)

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon P L White (Teller)

 

         So it passed in the negative.

 

3       Postponement of business

Ordered, separately - That Notices of Motion: Other Motions Nos 2 to 4 be postponed until Thursday 17 February.

 

4       Adelaide Thunderbirds 2005 Team - Motion re

Mrs Geraghty, pursuant to notice, moved - That this House congratulates the new Adelaide Thunderbirds team selected for the 2005 season.

         Debate ensued.

         Question put and passed.

 

5       Tony Santic - 2004 Melbourne Cup  - Motion re

Ms Thompson, pursuant to notice, moved - That this House congratulates Mr Tony Santic, South Australian owner of Makybe Diva, for Makybe Diva’s terrific win in the 2004 Melbourne Cup.

         Debate ensued.

         Question put and passed.

 

6        Messages from the Governor

The following Messages from the Governor were received and read:

 

Assent to Bills                                                                                         Message No 10

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Act were assented to during the fourth Session of the 50th Parliament, viz –

No. 46 of 2004       An Act to amend the Gaming Machines Act 1992 and to make a related amendment to the Independent Gambling Authority Act 1995.

No 47 of 2004        An Act to amend the Parliamentary Remuneration Act 1990.

No 48 of 2004        An Act to amend the Controlled Substances Act 1984.

No 49 of 2004        An Act to amend the First Home Owner Grant Act 2000.

No 50 of 2004        An Act to amend the Petroleum (Submerged Lands) Act 1982 and to make related amendments to the Off-Shore Waters (Application of Laws) Act 1976.

No 51 of 2004        An Act to amend the Judges’ Pensions Act 1971, the Police Act 1998, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

No 52 of 2004        An Act to amend the Criminal Law Consolidation Act 1935 and to make consequential amendments to the Criminal Law (Forensic Procedures) Act 1998, the Summary Offences Act 1953 and the Summary Procedures Act 1921.

No 53 of 2004        An Act to protect the health and safety of the public by providing for the registration of medical practitioners and medical students; to regulate the provision of medical treatment for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Medical Practitioners Act 1983; and for other purposes.

No 54 of 2004        An Act to amend the Motor Vehicles Act 1959.

No 55 of 2004        An Act to amend the Criminal Law (Legal Representation) Act 2001 and the Legal Services Commission Act 1977.

No 56 of 2004        An Act to amend the Road Traffic Act 1961 and the Summary Offences Act 1953.

No 57 of 2004        An Act to regulate the teaching profession.

Government House, 10 February 2005                    M Jackson-Nelson, GOVERNOR

 

Physiotherapy Practice Bill – Recommending                                       Message No 11

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Physiotherapy Practice Bill 2005.

Government House, 10 February 2005                    M Jackson-Nelson, GOVERNOR

 

7       Petitions No 44 and 45

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

 

44   Dr McFetridge, from 225 residents of South Australia, requesting the House to urge the Government to reinstate crime prevention funding to local councils and locate a 24 hour police station in a prominent position in Moseley Square.

 

45   Mrs Penfold, from 3 residents of South Australia, requesting the House to urge the Minister for Health to advise the Mid West Health Service not to accept the resignation of Dr  Piet du Toit and to have an independent body investigate and report to Parliament on alleged problems with the Central Eyre Peninsula Hospital, associated boards and agencies and investigate further allegations of harassment and intimidation in the delivery of regional health care by the Department of Health.

 

8       Answer to a question

An answer to a question without notice was tabled by the Speaker.

 

9       Questions

Questions without notice were asked.

 

         Speaker's ruling

On a point of order being raised, the Speaker ruled that all questions relating to the Crown Solicitor’s Trust account are out of order as the matter is currently under investigation before the Economic and Finance Committee and therefore cannot be asked. Questions on this subject will remain out of order until the Committee reports its findings.  The Speaker undertook to raise the matter in the Standing Orders Committee.

 

Questions

Questions without notice (interrupted by the foregoing) resumed.

Ordered on motion of the Minister for Infrastructure (Hon P F Conlon), that the period for asking questions without notice be extended by 25 minutes.

 

10      Grievance debate

On motion of the Speaker, the House noted grievances.

 

11      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration on motion.

 

12      Environment Protection (Miscellaneous) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

Clause No 13 further considered and agreed to.

Clauses Nos 14 and 15 agreed to.

Clause No 16 amended and agreed to.

Clause No 17 agreed to.

New Clause No 17A inserted.

Clauses Nos 18 to 20 agreed to.

Clause No 21 read.

 

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such 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.

 

13      Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation (Hon J D Hill), that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

14      Environment Protection (Miscellaneous) Amendment Bill

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

In Committee

Clause No 21 further considered and agreed to.

Clauses Nos 22 to 25 agreed to.

Clause No 26 amended and agreed to.

Clauses Nos 27 to 32 agreed to.

New Clause No 32A inserted.

Clauses Nos 33 to 35 agreed to.

Clause No 36 read.

 

Question – That the clause stand as printed – put.

 

         Committee divided (No 2):

 

           Ayes, 23

           Noes, 18

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Hon P F Conlon

Ms Chapman

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Hanna

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon W A Matthew

Hon K A  Maywald

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Redmond

Hon M D Rann

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Hon I F Evans (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

 

         So it was resolved in the affirmative.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such 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 Monday 14 February.

 

15      Adjournment

House adjourned at 5.55 pm until Monday 14 February at 2.00 pm.

____________

 

MOTION OF WHICH NOTICE WAS GIVEN

 

            For Monday 14 February 2005

 

Notice of Motion: Government Business -

 

The Minister for Health to move – That she have leave to introduce a Bill for an Act to protect the health and safety of the public by providing for the registration of physiotherapists and physiotherapy students; to regulate the provision of physiotherapy for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Physiotherapists Act 1991; and for other purposes.

 

____________

 

 

Present during the day - All Members except Hon D C Kotz.

 

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

 

         Division No 1 -

               Ayes - Hon D C Kotz.

               Noes - Ms Bedford.

 

         Division No 2 -

               Ayes - Minister for Agriculture, Food and Fisheries (Hon R J McEwen), Ms Ciccarello.

               Noes -Hon D C Kotz, Mrs Penfold.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY