223

 

                                                                                                   No. 32

 

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                       WEDNESDAY 27 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             Petitions Nos 164 to 172

                The Clerk announced that the following Members had lodged  Petitions for

                    presentation:

 

                164  Hon.H. Allison, from 81 residents of South Australia, requesting that the House

                    urge the Government to review the policy on the provision of heating applicances in Housing Trust dwellings.

 

                165  Mr Heron, from 1 214 residents of South Australia, requesting that the House

                    urge the Government to ensure that superannuation funds investments are ethically placed.

 

                166  Mrs Kotz, from 1 971 residents of South Australia, requesting that the House

                    urge the Government to maintain the Tea Tree Gully Police Sub-station as a twenty-four hour sub-station.

 

                167  Mrs Kotz, from 181 residents of South Australia, requesting that the House

                    urge the Government to increase penalties for offenders convicted of child abuse.

 

                168  Mrs Kotz, from 48 residents of South Australia, requesting that the House

                    urge the Government not to relocate Modbury Domicilary Care to the Lyell McEwin Health Service.

 

                169  Mrs Kotz, from 44 residents of South Australia, requesting that the House

                    urge the Government to remove the Financial Insitutions Duty on credit transactions.

 

                170  Mrs Kotz, from 33 residents of South Australia, requesting that the House

                    urge the Government to install traffic lights at the intersection of Yatala Vale Road, Golden Grove Road and the Grove Way at Surrey Downs.

 

                171  Mrs Kotz, from 22 residents of South Australia, requesting that the House

                    urge the Government to reduce the tax on petrol and devote a larger proportion of the revenue to road funding.

 

                172  Mrs Kotz, from 13 residents of South Australia, requesting that the House

                    urge the Government not to decriminalise prostitution.

 

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 3             Answers to questions

                Answers to questions without notice were tabled by the Speaker.

 

 4             Papers

                The following Papers were laid on the Table:

 

                By the Minister of Fisheries (Hon. L.M.F. Arnold) -

                    Department of Fisheries - Report, 1990-91.

 

                By the Minister of Housing and Construction (Hon. M.K. Mayes) -

                    HomeStart - Report, 1990-91.

 

 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 27 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             Paper

                The following Paper was laid on the Table:

 

                By the Treasurer (Hon. J.C. Bannon) -

                    Leverage Leasing Arrangements-Correspondence of Federal Treasurer to Premier.

 

 9             Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

10           Economic and Finance Committee

                The Deputy Premier (Hon. D.J. Hopgood), pursuant to notice, moved - That on the

                    commencement of the Parliamentary Committees Act, the following Members be appointed to the Economic and Finance Committee: Messrs M.J. Evans, Ferguson, Groom and Hamilton.

                Debate ensued.

                Ordered, on motion of Mr S.J. Baker, by leave, that the debate be adjourned until

                    tomorrow.

 

11           Environment, Resources and Development Committee

                The Deputy Premier, pursuant to notice, moved - That on the commencement of the

                    Parliamentary Committees Act, the following Members be appointed to the Environment, Resources and Development Committee: Mr De Laine and Hon. T.H. Hemmings; and that a Message be sent to the Legislative Council in accordance with the foregoing resolution.

                Debate ensued.

                Ordered, on motion of Mr S.J. Baker, by leave, that the debate be adjourned until

                    tomorrow.

 

 

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12           Legislative Review Committee

                The Deputy Premier, pursuant to notice, moved - That on the commencement of the

                    Parliamentary Committees Act, the following Member be appointed to the Legislative Review Committee: Mr McKee; and that a Message be sent to the Legislative Council in accordance with the foregoing resolution.

                Ordered, on motion of Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

13           Social Development Committee

                The Deputy Premier, pursuant to notice, moved - That on the commencement of the

                    Parliamentary Committees Act, the following Members be appointed to the Social Development Committee: Messrs Holloway and Quirke; and that a Message be sent to the Legislative Council in accordance with the foregoing resolution.

                Ordered, on motion of Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

14           Motor Vehicles (Licences and Demerit Points) 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 Motor Vehicles Act 1959; and to make a consequential amendment to 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 Mr Ingerson, that the debate be adjourned until tomorrow.

 

15           District Court Bill

                Order of the Day read for the adjourned debate on the question - That the District Court

                    Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                                                                                                       

                                                                                            In Committee

 

                                              Clauses Nos 1 to 7 agreed to.

                                              Clause No. 8 read.

                Mr Ingerson moved on page 2, after line 30, to insert paragraph as follows:

                    (c) the Court has no jurisdiction (except by agreement of the parties) to determine a claim for a monetary sum where -

                               (i)       if the claim arises from injury, damage or loss caused by or arising out of the use of a motor vehicle - the amount claimed exceeds $200 000;

                               (ii)      in any other case - the amount claimed exceeds $150 000.

                Question put and negatived.

                                              Clause agreed to.

                                              Clauses Nos 9 to 41 agreed to.

                                              Clause No. 42 read.

                Mr Ingerson moved on page 12, after line 13, to insert subclauses as follows:

                    (6) If -

                    (a)     the trial of an action is scheduled to commence at a particular time or within a particular period;

                    (b)     the parties are ready to proceed with the trial;

                    and


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                    (c) the action is adjourned because the Court is not able to proceed with the matter, the Court must make, at the request of a party, an order for costs resulting from the adjournment.

                    (7) Costs awarded under subsection (6) will be paid out of the Consolidated Account.

                Question put and negatived.

                                              Clause agreed to.

                                              Clause No. 43 amended and agreed to.

                                              Clauses Nos 44 to 48 agreed to.

                                              New Clause No. 49 inserted.

                                              Clause No. 50 agreed to.

                                              Clause No. 51 read.

                Mr Ingerson moved, on page 14, lines 14 and 15, to leave out subclause (2) and insert

                    in lieu thereof subclause as follows:

                    (2) Subject to this section, rules of the Court may be made by the Chief Judge and a

                majority of the other Judges.

                Question - put and negatived.

                Mr Ingerson moved on page 14, after line 15, to insert subclauses as follows:

                (2a)   Before rules of the Court are made, the Judges must consult a committee constituted (from time to time) of the following persons:

                (a)    two persons nominated by the Law Society of South Australia;

                (b)    two persons nominated by the South Australian Bar Association;

                (c)    one person (who must not be a Member of Parliament) nominated by the Attorney-General;

                (d)    one person (who must not be a Member of Parliament) nominated by the Leader of the Opposition.

                (2b) The committee constituted under subsection (2a) must submit a report to the Joint Standing Committee on Subordinate Legislation on any rules of Court made under this section as soon as practicable after the making of those rules.

                Question - put and negatived.

                                              Clause agreed to.

                                              Clauses Nos 52 to 54 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 amendments.

 

                Bill read a third time and passed.

 

16           Magistrates Court Bill

                Order of the Day read for the adjourned debate on the question - That the Magistrates

                    Court 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 agreed to.

                                              Clause No. 3 read.

 

 

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                Mr Ingerson moved on page 2, line 9, to leave out the figure "$5 000 and insert in lieu

                    thereof the figure $3 000.

                Question put and negatived.

                                              Clause agreed to.

                                              Clauses Nos 4 to 39 agreed to.

                                              Clause No. 40 amended and agreed to.

                                              Clauses Nos 41 to 46 agreed to.

                                              New Clause No. 47 inserted.

                                              Clauses Nos 48 to 51 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 same with amendments.

 

                Bill read a third time and passed.

 

17           Statutes Repeal and Amendment (Courts) Bill

                Order of the Day read for the adjourned debate on the question - That the Statutes

                    Repeal and Amendment (Courts) Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

               

                                              Clauses Nos 1 to 13 agreed to.

                                              Clause No. 14 read.

                Mr Ingerson moved on page 4, line 27, to leave out the figure "$25 000" and insert in lieu

                    thereof the figure "$5 000".

                Question put and negatived.

                                              Clause agreed to.

                                              Clause No. 15 read.

                Mr Ingerson moved on page 4, line 30, to leave out paragraph  (a).

                Question put and negatived.

                                              Clause agreed to.

                                              Clause No. 16 agreed to.

                                              Clause No. 17 amended and agreed to.

                                              Clauses Nos 18 to 23 agreed to.

                                              Title agreed to.

 

                                                                                                                       

 

 

                The House having resumed:

                Mr Gunn 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.

 

 

 

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18           Postponement of business

                Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken

                 into consideration after Order of the Day (Government Business) No. 5.

 

19           Enforcement of Judgements Bill

                Order of the Day read for the adjourned debate on the question - That the Enforcement

                    of Judgements Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

 

                Bill read a third time and passed.

 

20           Justices Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Justices

                    Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

 

                                              Clauses Nos 1 to 5 agreed to.

                                              Clause No. 6 amended and agreed to.

                                              Clause No. 7 agreed to.

                                              Clause No. 8 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 on motion.

 

21           Country Fires (National Parks) Amendment Bill

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

                    amend the Country Fires Act 1989.

                Question put and passed.

 

                Bill presented and read a first time.

                Mr Gunn 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 12 February 1992.

 

22           Constitution (Parliamentary Terms) Amendment Bill

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

                    Act to amend the Constitution Act 1934.

                Question put and passed.

 

 

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                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

                    12 February 1992.

 

23           Potponement of business

                Ordered - That Order of the Day (Private Members Bills) No. 1 be an Order of the Day for

                    Wednesday 12 February 1992.

 

24           Statutes Amendment (Illegal Use of Motor Vehicles) Bill

                Order of the Day read for the adjourned debate on the question - That the Statutes

                    Amendment (Illegal Use of Motor Vehicles) Bill be now read a second time.

                Debate resumed.

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

                    Wednesday 12 February 1992.

 

25           Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No. 3 be an Order of the Day for

                    Wednesday 12 February 1992.

 

26           Acts Interpretation (Commencement) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Acts

                    Interpretation (Commencement) Amendment Bill be now read a second time.

                Debate resumed.

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

                    12 February 1992.

 

27           Postponement of business

                Ordered - That Order of the Day (Private Members Bills) Nos 5 to 7 be Orders of the Day                    for Wednesday 12 February 1992.

 

28           Postponement of business

                Ordered - That Notices of Motion (Regulations/Commitees) Nos 1 to 3 be Notices of                           Motion for Wednesday 12 February 1992.

 

29           Suspension of Standing Orders

                Mr Brindal, without notice, moved - That Standing Orders be so far suspended as to                           enable him to move a motion, forthwith.

                Question put and passed, without a negative voice, there being present an absolute

                    majority of the whole number of Members of the House.

 

                Education System - Motion for Select Committee

                Mr Brindal, pursuant to order, then moved - That a Select Committee be established to

                    inquire into and report on the provision of primary and secondary education by the Education Department.

                Ordered, on motion of Mr M.J. Evans, that the debate be adjourned until Thursday

                    13 February 1992.

 

30           Postponement of business

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

                    the Day for Thursday 13 February 1992.

 

 

 

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31           Messages from the Legislative Council

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

 

                Statutes Amendment (Crimes Confiscation and

                    Restitution) Bill                                     Message No. 47

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith,

                    titled an Act to amend the Crimes (Confiscation of Profits) Act 1986 and the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 27 November 1991                      G.L Bruce, PRESIDENT

 

                Bill read a first time.

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

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

 

                Corporations (South Australia) (Miscellaneous)

                    Amendment Bill                                     Message No. 48

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith,

                    titled an Act to amend the Corporations (South Australia) Act 1990; to repeal the National Companies and Securities Commission (State Provisions) Act 1981; and for other purposes, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 27 November 1991                      G.L. Bruce, PRESIDENT

 

                Bill read a first time.

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

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

 

32           Justices Amendment Bill

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

                    Amendment Bill.

 

                                                                                            In Committee

 

                                              Clause No. 8 further considered, amended and agreed to.

                                              Clauses Nos 9 to 43 agreed to.

                                              Clause No. 44 amended and agreed to.

                                              Clauses Nos 45 to 47 agreed to.

                                              Clause No. 48 amended and agreed to.

                                              Clause No. 49 agreed to.

                                              Title agreed to.

                                                                                                                       

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had further considered the Bill referred to it                      and had agreed to the same with amendments.

 

                Bill read a third time and passed.

 

33           Justices of the Peace Bill

                Order of the Day read for the adjourned debate on the question - That the Justices of the

                    Peace Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

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                Bill read a third time and passed.

 

34           Strata Titles (Resolution of Disputes) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Strata Titles

                    (Resolution of Disputes) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

 

                                              Clauses Nos 1 to 9 agreed to.

                                              Clause No. 10 read.

                Mr Ingerson moved on page 1, lines 35 to 41 and page 3, lines 1 to 14, to leave out

                    subsections (2) to (6) and insert in lieu thereof subsection as follows:

                    (2) Subject to this section, an application may be brought in any court competent to hear and determine actions in contract subject to the following qualifications:

                    (a) an application involving a monetary claim must be commenced in a court competent to hear actions for the amount of the claim founded in contract;

                    (b)     the court in which an application is commenced may, on its own initiative or on the application of a party to the proceedings, order that the proceedings be transferred to another court;

                    (c) the District Court may, on the application of a party to proceedings under this section that are before a local court, order that the proceedings be transferred to the District Court;

                    and

                    (d)     the Supreme Court may, on the application of a party to proceedings under this section that have been commenced in a local court or the District Court, order that the proceedings be transferred to the Supreme Court.

                Question put and negatived.

                                              Clause agreed to.

                                              Clause No. 11 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 without amendment.

 

                Bill read a third time and passed.

 

35           Sheriff's Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Sheriff's

                    Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

 

                Bill read a third time and passed.

 

 

 

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36           Adjournment

                The Minister of Education moved - That the House do now adjourn.

                Debate ensued.

                Question put and passed.

                House adjourned at 10.02 p.m. until tomorrow at 10.30 a.m.

 

                                                                                                                         

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 28 November

                    Notices of Motion: Other Motions-

 

Mr Venning to move - That this House calls on the Government to abandon its current

                discriminatory and unworkable Junior Sports Policy forthwith and allow individual sporting bodies and groups to determine their own policy issues.

 

For Thursay 28 November

                    Notices of Motion: Government Business-

 

The Premier to move - That he have leave to introduce a Bill for an Act to provide for the

                development and promotion of the MFP development project; to establish the MFP Development Corporation and define its functions and powers; to repeal the Technology Development Corporation Act 1982; and for other purposes.

 

The Minister of Health to move - That he have leave to introduce a Bill for an Act to repeal the

                Port Pirie Laboratory Site Act 1922.

 

The Minister for Environment and Planning to move - That she have leave to introduce a Bill for

                an Act to amend the Urban Land Trust Act 1981.

 

The Deputy Premier to move - That Standing Orders Nos 202, 203 and 204 be and remain so far

                suspended as to enable-

                (a)     the Speaker, on receipt of the Report of the Auditor-General made pursuant to the instrument of Appointment of the Auditor-General under section 25 of the State Bank of South Australia Act dated the 28th day of March 1991, to distribute copies of the Report to Members;

                (b)     the Report to be made public; and

                (c)     the Report to be printed.

 

                                                                                                                          

 

Present during the day - All the Members.

 

                                                                                                                                                                                N.T. Peterson

                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY