No. 33

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                         THURSDAY 1 DECEMBER 1994

 

 

 1         Meeting of House

                  The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

2         Conference - Native Title (South Australia) Bill and Land Acquisition (Native Title) Amendment Bill

                  The Minister for Emergency Services (Hon. W. A. Matthew) moved -  That the sitting of the House be continued during the Conference with the Legislative Council on these Bills.

                  Question put and passed.

 

3         Legislative Review Committee - Report - Courts Administration (Directions by the Governor) Amendment Bill - Motion to note

                  Mr Cummins, pursuant to notice, moved - That the Report of the Legislative Review Committee on the  Courts Administration (Directions by the Governor) Amendment Bill be noted.

                  Debate ensued.

                  Ordered, on motion of Ms Hurley, that the debate be adjourned until Thursday 9 February.

 

4         Public Works Committee Report  -  Port Road Hindmarsh Bridge Replacement - Motion to note

                  Mr Ashenden, pursuant to notice, moved - That the Report of the Public Works Committee on the Port Road Hindmarsh Bridge Replacement  be noted.

                  Debate ensued.

                  Question put and passed.

 

5         Public Works Committee Report - City West Campus Project, University of South Australia -     Motion to note

                  Mr Ashenden, pursuant to notice, moved - That the Report of the Public Works Committee on the City West Campus Project, University of South Australia be noted.

                  Debate ensued.

                  Question put and passed.

 

6         Postponement of business

                  Ordered - severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 and 2 be Orders of the Day for Thursday 9 February.

 

7          High Court of Australia - Motion re

                  Mr Lewis, pursuant to notice, moved - That this House asserts that the people through Parliament are sovereign and concurs with the Rt Hon. Gough Whitlam's view that " the High Court of Australia (must be) the final court of appeal for Australia in all matters"; and that a Message be sent to the Legislative Council requesting its concurrence thereto; and further, that the Speaker inform both Houses of the Parliament of the Commonwealth of Australia, the Governor of South Australia and the Governor General accordingly.

                  Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday 9 February.

 

8         Postponement of business

                  Ordered - separately - That Notices of Motion: Other Motions Nos 2 and 3 be Notices of Motion for Thursday 9 February.

 

9         Rotary International Unemployment Research - Motion re

                  Mr Lewis, pursuant to notice, moved - That this House commends Rotary International for its research into community attitudes to unemployment and for publishing the document containing a precis of public thinking on this issue entitled The Employment Generator - Creating Permanent Employment for our People and that a copy of this resolution and contribution of Honourable Members recorded in Hansard be forwarded to Rotary International, District 23; and that a Message be sent to the Legislative Council requesting its concurrence thereto.

                  Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday 9 February.

 

10       Postponement of business

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

 

11        Kapunda 150 Year Celebrations - Motion re

                  Mr Venning, pursuant to notice, moved -  That this House recognises the 150 Year Celebrations of the district of Kapunda and Australia's oldest copper mine and its significance to the early economy of South Australia and congratulates the community on achieving this milestone and for celebrating in such a memorable way.

                  Debate ensued.

                  Question put and passed.

 

12       Wine Tax - Motion re

                  Order of the Day read for the adjourned debate on the motion of Mr Brokenshire -  That in the interests of the Australian wine industry and in particular the South Australian wine industry this House requests that the Federal Government reverse the current Policy to increase wine tax to 26% in July 1995 and cap the tax at the general level of 21%.

                  Debate resumed.

                  Ordered, on motion of Mr Venning, that the debate be further adjourned until Thursday 9 February.

 

13       Adelaide Airport - Motion re                                                                                                             

                  Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House commends the Government and particularly the Minister for Transport, the Minister for Tourism and the Minister for Industry, Manufacturing, Small Business and Regional Development for the steps they have taken to publicly press the Federal Government to increase the amount of money available to the Federal Airports Corporation to extend the operational facilities at Adelaide Airport to accommodate a greater number of interstate and international flights forthwith and calls on the Federal Government to take immediate action to rectify the situation without further cost to or discrimination against South Australians.

                  Debate resumed.

                  Ordered, on motion of Mr Meier, that the debate be further adjourned until Thursday 16 February.

 

14       Interest Rates, Raising of - Motion re

                  Order of the Day read for the adjourned debate on the motion of Mrs Rosenberg -  That this House condemns the Federal Government's move to raise official interest rates and in particular for the deleterious effect this will have on economic growth.

                  Debate resumed.

                  Ordered, on motion of Mr Buckby, by leave, that the debate be further adjourned until Thursday 9 February.


 

15       Speaker's Statement - Privilege

                  The Speaker made a statement on a matter of privilege as follows:

                  Yesterday the Deputy Premier raised as a matter of privilege a press release made by the Public Service Association about the Conference on the Correctional Services (Private Management Agreements) Bill.  I undertook to consider the complaint and give a ruling as to whether a prima facie breach of privilege had been established.

                  Having examined the matter I understand the breach complained of by the Deputy Premier relates to disclosure of the results of the Conference on the Bill before it had been reported to the House.  On reading the press release however I cannot agree that anything in its discloses the proceedings of the Conference, although I think the language of the release could have been phrased somewhat more courteously.

                  A second issue follows from the tenor of the press release and that is - was it an attempt to influence the proceedings of the Conference?  Again, while the language leaves something to be desired, on balance I do not believe that to be the case.

                  I rule that a prima facie breach of privilege has not been established and the matter therefore cannot be accorded priority over other business.

                  In concluding I do make the point that it is most improper for any member or other person to disclose the proceedings of a Conference before the Managers have reported to the House or to attempt to influence its proceedings and were it to be established that such actions had taken place it would be open to the House to deal with it most severely.

 

16       Petitions Nos 107 to 113

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

 

                  107 Hon. Minister for Health, from 46 residents of South Australia, requesting that the House urge the Government not to implement the Audit Commission recommendations in relation to the South Australian Housing Trust.

 

                  108 Hon F.T. Blevins, from 389 residents of South Australia, requesting that the House urge the Government to retain the South Australian Film and Video Centre.

 

                  109 Mrs Geraghty, from 2854 residents of South Australia, requesting that the House urge the Government to ensure Townsend Pre-School for the hearing impaired remains open and maintains its current services.

 

                  110 Mrs Geraghty, from 104 residents of South Australia, requesting that the House urge the Government not to close the Millicent Totalizator Agency Board.

 

                  111 to 113  Mrs Hall, Mr  Kerin and Mr Quirke, from 269 residents of South Australia, requesting that the House urge the Government not to cut the Education and Children's Services budget.

 

17        Papers

                  The following Papers were tabled:

 

                  By the Deputy Premier (Hon. S.J. Baker) -

                              Courts Administration Authority - Report, 1993-94

 

                  By the Minister for Health (Hon. M.H. Armitage) -

                              Care of the Dying in South Australia - Report of the Minister for Health, August 1994

                              Foundation SA - Report, 1993-94

                              Institute of Medical and Veterinary Science - Report, 1993-94

                              Physiotherapists Board of South Australia - Report, 1993-94

                              South Australian Health Commission - Report, 1993-94

 


                  By the Minister for Housing, Urban Development and Local Government Relations (Hon. J.K.G. Oswald) -

                              City of Tea Tree Gully -  By-law No. 10 - Moveable Signs on Streets and Roads

                              District Council of Streaky Bay - By-law No. 1 - Permits and Penalties

 

                  By the Minister for Emergency Services (Hon. W.A. Matthew) -

                              Country Fire Service - Report, 1993-94

                              Metropolitan Fire Service - Report, 1993-94

                              State Emergency Service - Report, 19893-94

                              St John Ambulance Service Inc. - Report, 1993-94

 

                  By the Minister for Correctional Services (Hon. W.A. Matthew) -

                              Department for Correctional Services - Report, 1993-94

                              Correctional Services Advisory Council of South Australia - Report, 1993-94.

 

18       Care of the Dying in South Australia - Report, August 1994 - Motion re

                  The Minister for Health, by leave, moved - That the Report of the Minister for Health on the Care of the Dying in South Australia be referred to the Social Development Committee.

                  Question put and passed.

 

19       Joint Committee on Living Resources - Interim Report

                  The Minister for Environment and Natural Resources (Hon. D.C. Wotton) brought up the Interim Report of the Joint Committee.

                  Report received.

                  Ordered to be printed (Paper No. 188).

 

20       Economic and Finance Committee - Interim Report - Management of the Government Vehicle Fleet

                  Mr Becker brought up the Twelfth Report of the Committee, an Interim Report on the Management of the Government Vehicle Fleet.

                  Report received.

                  Ordered to be printed (Paper No. 183).

 

21       Questions

                  Questions without notice were asked.

                 

22       Papers

                  The following Papers were tabled:

 

                  By the Deputy Premier (Hon S.J. Baker) -

                              Ministerial Statement - Courts Administration Authority

 

                  By the Minister for Industry, Manufacturing, Small Business and Regional Development            (Hon. J.W. Olsen) -

                              Ministerial Statement - Future of the Flim and Video Centre 16mm Film Collection.

 

23       Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

24       Next day of sitting

                  The Deputy Premier moved - That the House at its rising adjourn until Tuesday 7 February at 2.00 p.m.

                  Question put and passed.


25       Workers Rehabilitation and Compensation (Benefits and Review) Amendment Bill

                  The Minister for Industrial Affairs (Hon G.A. Ingerson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986.

                  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 Atkinson, that the debate be adjourned until Tuesday 7 February.

 

26       State Lotteries (Scratch Tickets) Amendment Bill

                  Order of the Day read for the consideration of the Message No. 67 of the Legislative Council on this   Bill.

                   

                                                                                      In Committee

                  Resolved - That the disagreement to the amendments not be insisted on.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Mr Venning reported that the Committee had considered the Message referred to it and had agreed not to insist on its disagreement to the amendments.

 

27       Consent to Medical Treatment and Palliative Care Bill

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

                  Debate resumed.

                  Ordered, on motion of the Deputy Premier, that the debate be further adjourned and resumed on motion.

                 

28       Messages from the Legislative Council

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

 

            Public Finance and Audit (Local Government Controlling Authorities) Message No. 69

                    Amendment Bill                                                                                                                                                               

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Public Finance and Audit Act 1987, without any amendment.

                  Legislative Council, 1 December 1994                                                                                                   H.P.K. Dunn, PRESIDENT

 

            Local Government (1995 Elections) Amendment Bill                                                             Message No. 70

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1934, without any amendment.

                  Legislative Council, 1 December 1994                                                                                                   H.P.K. Dunn, PRESIDENT

 

            Parliamentary Remuneration (Salary Rates Freeze) Amendment Bill Message No. 71

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Parliamentary Remuneration Act 1990, without any amendment.

                  Legislative Council, 1 December 1994                                                                                                   H.P.K. Dunn, PRESIDENT

 

29       Extension of sitting

                  The Deputy Premier moved - That the sitting of the House be extended beyond 6.00 p.m.

                  Question put and passed.

 


30       Conference - Native Title (South Australia) Bill and Land Acquisition (Native Title) Bill

                  The Deputy Premier reported as follows:

                  I have to report that the Managers have been at the Conference on the Native Title (South Australia) and the Land Acquisition (Native Title)  Bills, which was managed on the part of the Legislative Council by the Attorney-General the Hon. K.T. Griffin, Hon. T. Crothers, Hon. S.M. Knack, Hon. R.D. Lawson and Hon. C.A. Pickles and we there delivered the Bills, together with the Resolutions adopted by this House and thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that -

 

                                                                                                    Native Title (South Australia) Bill 1994

 

                  As to Amendment No. 8:

                  That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

                  Clause 4, page 4, lines 31 to 33, page 5, lines 1 to 3—Leave out subclause (5) and insert:

                  (5)     To avoid doubt, native title in land was extinguished by an act occurring before 31 October 1975 that was inconsistent with the continued existence, enjoyment or exercise of native title in the land.

                  Explanatory note—

                  This subsection is intended to be consistent with principles governing the extinguishment of native title as stated in Mabo v Queensland (No 2) (1992) 175 C.L.R. 1. Examples of this principle of major public importance are—

                  (a)     the valid grant, before 31 October 1975, of a freehold interest in land;

                  (b)     the valid grant, before 31 October 1975, of a lease (including a pastoral lease but not a mining lease);

                  (c)     the valid grant, assumption or exercise by the Crown, before 31 October 1975, of a right to exclusive possession of land.

                  However, if the grant of a freehold interest, a lease or a right of exclusive possession was made to or for the benefit of Aboriginal people, this subsection is not intended to apply to the grant unless it is a category A past act within the meaning of section 229, or a category B past act within the meaning of section 230, of the Commonwealth Act and, if it is a category B past act, this subsection only applies to the extent that the grant is inconsistent with the continued existence of native title in the land.

                  And that the House of Assembly agrees thereto.

                  As to Amendment No. 12:

                  That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

                  Clause 18, page 10, line 7—Leave out "reasonably ascertainable" and insert "known to or ascertainable by reasonable inquiry".

                  And that the House of Assembly agrees thereto.

                  As to Amendment No. 14:

                  That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

                  Clause 20, page 11, line 13—Leave out "reasonably ascertainable" and insert "known to or ascertainable by reasonable inquiry".

                  And that the House of Assembly agrees thereto.

 

                                                                                 Land Acquisition (Native Title) Amendment Bill 1994

 

                  As to Amendment No. 10:

                  That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

                  Clause 11, page 6, lines 2 to 9— Leave out subsection (3a) and insert—

                  (3a) The acquisition of land under this section does not, in itself, extinguish native title in the land but—


                                          (a)     if the purpose of the acquisition is stated in the notice of acquisition and that purpose is inconsistent with the continued existence of native title in the land, native title is extinguished when the Authority begins to put that purpose into effect; and

                                          (b)     in other cases, native title is extinguished when the Authority exercises rights obtained by the acquisition of the land in a way that is inconsistent with the continued existence of native title.1

                                                            1 See sections 23(3) and 238 of the Native Title Act 1993 (Cwth).

                  (3b) If a notice of acquisition states the purpose of the acquisition and that the stated purpose is inconsistent with the continued existence of native title in the land, it will be presumed, in the absence of proof to the contrary that the purpose of acquisition is as stated in the notice and that the implementation of that purpose is inconsistent with the continued existence of native title in the land.

                  And that the House of Assembly agrees thereto.

                  As to Amendment No. 11:

                  That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

                  Clause 14, page 7, lines 6 to 9—Leave out proposed section 18 and insert:

            18. Application of Division This Division applies if an Authority proposes to acquire native title land for the purpose of conferring proprietary rights or interests on a person other than the Crown or an instrumentality of the Crown.

                  And that the House of Assembly agrees thereto.

 

31       Message from the Legislative Council                                                                              

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

 

            Native Title (South Australia) Bill and Land Acquisition (Native Title) Bill                Message No. 72

                  MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Native Title (South Australia) and the Land Acquisition (Native Title) Amendments Bills has agreed to the same. The Bills are returned herewith.

                  Legislative Council, 1 December 1994                                                                                                   H.P.K. Dunn, PRESIDENT

 

                  Ordered - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole for the consideration of the recommendations of the Conference.

 

                                                                                      In Committee

                  Resolved - That the recommendations of the Conference be agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon H. Allison reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

32       Adjournment

                  House adjourned at 6.26 p.m. until Tuesday 7 February 1995 at 2.00p.m.

                                                                                                                                  ____________

 

                                                                MOTION OF WHICH NOTICE WAS GIVEN

 

 

                  For Thursday 9 February 1995

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

 

                  Mr Becker to move - That the Interim Report of the Economic and Finance Committee on the                            Management of the Government Motor Vehicle Fleet be noted. 

 

                                                                                                                                  ____________

 

 

                  Present during the day - All the Members except Hon. D.S. Baker, Hon. R.B. Such and Mr Quirke.

 

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY