No 32

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 14 FEBRUARY 2005

 

 

1       Meeting of House

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

 

2       Petitions Nos 46 and 47

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

 

46   Mr Hanna, from 573 residents of South Australia, requesting the House to urge the Government to legislate to remove the relationship between property value increases and increases in Land, Council and Water/Sewer taxes and tie future increases to these taxes to CPI or minimum wage increases.

 

47   Hon D C Kotz, from 134 residents of South Australia, requesting the House to urge the Government to implement a screening program to detect permanent hearing impairment in infants by the age of two months and adopt the recommendations of the evaluation report into the newborn screening and assessment pilot program conducted in 2003-04.

 

3       Speaker's Statement – Committee Proceedings

The Speaker stated that pursuant to Standing Order 259, it is out of order to ask a question which refers to proceedings in both standing and select committees that are yet to report to the House.  However, questions may be asked provided that, in the Speaker’s judgement, such questions are not of a nature which may interfere with a committee’s work or anticipate its report.

 

4       Questions

Questions without notice were asked.

 

5       Suspension of Standing Orders

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

Question put and there being a negative voice.

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 23

 

           Noes, 23

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon D C Kotz

Mr O'Brien

Hon W A Matthew

Ms Rankine

Hon K A Maywald

Hon M D Rann

Hon R J McEwen

Mr Rau

Dr McFetridge

Mr Snelling

Mr Meier

Hon L Stevens

Mrs Penfold

Hon R B Such

Mrs Redmond

Ms Thompson

Mr Scalzi

Hon J W Weatherill

Mr Venning

Hon P L White

Mr Williams

Hon M J Wright

Mr Brindal (Teller)

Hon M J Atkinson (Teller)

 

         Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes.

 

So it was passed in the negative.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Physiotherapy Practice Bill

The Minister for Health (Hon L Stevens), pursuant to notice, moved - 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.

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 Brokenshire, that the debate be adjourned until tomorrow.

 

8       Postponement of business

Ordered - That Notice of Motion: Government Business No 2 to be postponed until tomorrow.

 

9       Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 to 5 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

10      Correctional Services (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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

 

11      Environment Protection (Miscellaneous) Amendment Bill

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

 

In Committee

Clause No 37 further considered and agreed to.

Clauses No 38 and 39 agreed to.

Clause No 40 read.

 

Hon G M Gunn moved on page 17, after line 16, to insert:

(4a)         Section 87(2)(a)—delete "business; or" and substitute:

business (and no part of the premises are used for residential purposes); and

Question – That the amendment be agreed to - put.

 

         Committee divided (No 2):

 

           Ayes, 7

 

           Noes, 37

Ms Chapman

Hon M J Atkinson

Hon I P Lewis

Ms Bedford

Dr McFetridge

Ms Breuer

Mrs Penfold

Mr Brindal

Mrs Redmond

Mr Brokenshire

Mr Venning

Hon D C Brown

Hon G M Gunn (Teller)

Hon M R Buckby

 

Mr Caica

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Mrs Hall

 

Mr Hanna

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K  Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

Hon G M Gunn moved on page 17, after line 16, to insert:

(4b)         Section 87(3)—delete "a vehicle except" and substitute:

or to seize a vehicle except where

(4c)         Section 87(3)(a)—delete paragraph (a) and substitute:

(a)      the vehicle is being used at the time in the course of business and is of a class prescribed by regulation; and

(4d)         Section 87(3)(b)—delete "where"

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

 

Clause No 40 agreed to.

Clauses Nos 41 to 48 agreed to.

Clauses Nos 49 and 50 amended and agreed to.

Clauses Nos 51 to 54 agreed to.

Clause No 55 read.

Clause amended.

Question – That the clause as amended be agreed to – put.

 

         Committee divided (No 3):

 

           Ayes, 25

           Noes, 18

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon S W Key

Hon I P Lewis

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

Hon I F Evans (Teller)

Mr Snelling

 

Hon L Stevens

 

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.

 

Clause No 56 agreed to.

 

Hon G M Gunn moved on page 28, to insert new clauses as follows:

56A—Substitution of heading to Part 13

Heading to Part 13—delete the heading and substitute:

Part 13—Appeals and reviews

56B—Insertion of section 105A

Before section 106 insert:

105A—Review by Minister

(1)     If the Authority makes a decision or order under Part 6 or Part 10—

(a)    the person to whom the decision or order relates; or

(b)    a council whose area is affected by the decision or order,

may, within 2 months after the making of the decision or order or such longer time as the Minister allows, apply to the Minister for a review of the decision or order.

(2)      The Minister may, for the purposes of a review under this section, make any investigation that the Minister considers appropriate and may confirm the decision or order of the Authority or direct the Authority to vary or reverse its decision or order and take necessary action to implement that variation or reversal.

(3)      Subject to subsection (4), an application to the Minister for review of a decision or order of the Authority does not affect the operation of the decision or order or prevent the taking of action to implement the decision or order.

(4)      If the applicant for the review is a council, the applicant may, by notice in writing to the Authority, require the decision or order to be stayed until the determination of the review under this section (and in such a case the decision or order will be taken to be of no effect until the Minister notifies the applicant of his or her determination on the review).

Question – That proposed new Clauses Nos 56A and 56B be inserted – put and negatived.

 

Clause No 57 amended and agreed to.

Clauses Nos 58 to 60 agreed to.

 

Hon G M Gunn moved on page 29, to insert a new clause as follows:

60A—Insertion of section 112A

After section 112 insert:

112A—Review by Economic and Finance Committee

The Economic and Finance Committee of the Parliament may, of its own initiative or at the request of a person aggrieved by a decision or order of the Authority, inquire into, consider and report to the Parliament in relation to any decision or order of the Authority under this Act.

Question – That the proposed new Clause be inserted – put and negatived.

 

Clauses Nos 61 to 70 agreed to.

Clause No 71 amended and agreed to.

Clause No 72 agreed to.

Clause No 73 amended and agreed to.

Clause No 74 agreed to.

Clause No 75 amended and agreed to.

Clauses Nos 76 to 80 agreed to.

Schedule agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

The Minister for Environment and Conservation (Hon J D Hill) moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

12      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 3.

 

13      Classification (Publications, Films and Computer Games) (Types of Classification) 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.

 

14      Adjournment

House adjourned at 9.58 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

 

 

 

            For Thursday 17 February 2005

 

Notices of Motion: Other Motions -

 

Hon R B Such to move – That this House requests the Government to review planning and development laws so that subdivisional processes and practices result in the provision of adequate and appropriate social infrastructure, including playgrounds, recreational facilities and community centres.

 

Mrs Hall to move – That this House

(a)           recognises the 63rd anniversary of the Bangka Straits Massacre on 16 February 1942;

(b)           pays tribute to the work and commitment of the South Australian Women's Memorial Playing Fields Trust in honouring the memory of the Australian nurses killed in the Bangka Straits; and

(c)           acknowledges the Bangka Day Memorial Service held on 13 February 2005 at the St Mary's playing fields.

 

Hon R B Such to move – That this House expresses its concern at the decline in, and inadequate provision of, useable and accessible open space in Adelaide and calls on the Government to ensure that planning laws address this issue.

 

Hon R B Such to move – That this House commends the Minister for Environment and Conservation, Local Government and cemetery authorities for their support of the concept of Natural Burial Grounds.

 

 

 

 

 

 

 

 

____________

 

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY