No. 34

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                         THURSDAY 26 NOVEMBER 1992

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

                    Chair and read prayers.

 

 2             Conference - Construction Industry Long Service Leave (Miscellaneous) Amendment Bill

                The Minister of Labour Relations and Occupational Health and Safety (Hon. R.J. Gregory) moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Construction Industry Long Service Leave (Miscellaneous) Amendment Bill.

                Question put and passed.

 

 3             Postponement of business

                Ordered - That Notices of Motion (Government Business) Nos 1 and 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 1.

 

 4             Select Committee on the Juvenile Justice System

                Order of the Day read for the Report of the Select Committee on the Juvenile Justice System to be brought up.

                The Minister of Primary Industries (Hon. T.R. Groom) brought up the Interim Report (Paper No. 179), together with Minutes of Proceedings and Evidence.

                Ordered - That the Interim Report be received.

                Ordered - That the Interim Report be taken into consideration on motion.

 

                Extension of time for bringing up Report

                The Minister moved - That the time for bringing up the Report of the Select Committee                       on the Juvenile Justice System be extended until Tuesday 9 February 1993.

                Question put and passed.

 

 5             Economic Development Bill

                The Premier (Hon. L.M.F. Arnold), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to promote the economic development of the State; 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 Olsen, that the debate be adjourned until Tuesday 9 February                     1993.

 

 

 

 6             Consent to Medical Treatment and Palliative Care Bill

                The Minister of Health, Family and Community Services (Hon. M.J. Evans), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to deal with consent to medical treatment; to regulate medical practice so far as it affects the care of the dying; to repeal the Natural Death Act 1983 and the Consent to Medical and Dental Procedures Act 1984; 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 Hon. J.L. Cashmore, that the debate be adjourned until Tuesday 9                    February 1993.

 

 7             Statutes Amendment (Chief Inspector) Bill

                Order of the Day read for the adjourned debate on the question - That the Statutes                              Amendment (Chief Inspector) 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.

 

 8             Local Government (Financial Management) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Local                   Government (Financial Management) 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.

 

 9             Parliamentary Committees (Publication of Reports) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Parliamentary                     Committees (Publication of Reports) 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.

 

10           Select Committee on the Juvenile Justice System - Motion to note Report

                Ordered - That consideration of the Interim Report of the Select Committee on the                                Juvenile Justice System be now resumed.

                The Minister of Primary Industries moved - That the Interim Report be noted.

                Debate ensued.

                Ordered, on motion of Hon. B.C. Eastick, by leave, that the debate be adjourned and                            resumed on motion.

 

 

 

 

11           Petition No 110

                The Clerk announced that the following Member had lodged a Petition for presentation:

 

                110  Hon. D.C. Brown, from 563 residents of South Australia, requesting that the House urge the Government to reconstruct and repair Panalatinga Road from Pimpala Road to Wheatsheaf Road.

 

12           Answer to a question

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

 

13           Papers

                The following Papers were laid on the Table:

 

                By the Treasurer (Hon. F.T. Blevins) -

                South Australian Lotteries Commission - Schedule of Letters, Reports and Extracts from                     Commission Minutes.

 

                By the Minister of Mineral Resources (Hon. F.T. Blevins) -

                Department of Mines and Energy - Report, 1991-92.

                Ordered to be printed (Paper No. 26).

 

                By the Minister of Housing, Urban Development and Local Government Relations

                    (Hon. G.J. Crafter) -

                Commissioner for Equal Opportunity - Report, 1991-92.

                Ordered to be printed (Paper No. 109).

                South Australian Local Government Grants Commission - Report, 1991-92.

                Ordered to be printed (Paper No. 106).

                Local Government Superannuation Board - Report 1991-92.

                National Crime Authority - Report, 1991-92.

                Planning Appeal Tribunal - Report, 1991-92.

                Ordered to be printed (Paper No. 71).

                Court Services Department - Report, 1991-92 Erratum.

 

                By the Minister of Environment and Land Management (Hon. M.K. Mayes) -

                Coast Protection Board - Report, 1991-92.

                Ordered to be printed (Paper No. 51).

                Department of Lands - Report, 1991-92.

                Ordered to be printed (Paper No. 10).

                Outback Areas Community Development Trust - Report, 1991-92.

                Ordered to be printed (Paper No. 47).

                South Australian Waste Management Commission - Report, 1991-92.

                Ordered to be printed (Paper No. 131).

 

                By the Minister of Emergency Services - (Hon. M.K. Mayes) -

                Country Fire Service - Report, 1991-92.

                Ordered to be printed (Paper No. 130).

 

                By the Minister of Aboriginal Affairs (Hon. M.K. Mayes) -

                Aboriginal Lands Parliamentary -

                    Aboriginal Lands Trust - Report, 1992.

                    Maralinga Lands - Report, 1992.

                    Pitjantjatjara Lands - Report, 1992.

 


                By the Minister of Education, Employment and Training (Hon. S.M. Lenehan) -

                Department of Employment and Technical and Further Education - Corporate Review and                  Report 1991.

                Ordered to be printed (Paper No. 154).

 

                By the Minister of Business and Regional Development (Hon. M.D. Rann) -

                The National Road Safety Strategy - Report, 1991-92.

 

                By the Minister of Health, Family and Community Services -

                Occupational Therapists Registration Board - Report, 1991-92.

                South Australian Psychological Board - Report, 1991-92.

                Ordered to be printed (Paper No. 102).

 

14           Environment, Resources and Development Committee - Report

                Hon. T.H. Hemmings brought up the Third Report of the Environment, Resources and Development Committee relating to Supplementary Development Plans.

                Report received.

 

15           Joint Select Committee on WorkCover

                The Minister of Labour Relations and Occupational Health and Safety brought up the Second Interim Report (Paper No. 181), together with Minutes of Proceedings and Evidence of the Joint Select Committee on the Workers Rehabilitation and Compensation System.

                Report received.

 

16           Message from the Governor

                The following Message from the Governor was received and read:

 

                Public Corporations Bill - Recommending                                                                    Message No. 16

                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 Public Corporations Bill 1992.

                Government House, Adelaide, 26 November 1992                         R.F. Mitchell, GOVERNOR

 

17           Questions

                Questions without notice were asked.

 

18           Papers

                The following Papers were laid on the Table:

 

                By the Minister of Housing, Urban Development and Local Government Relations

                    (Hon. G.J. Crafter) -

                Draft Statutes Repeal and Amendment (Development) Bill.

                Draft Development Bill and an explanation of clauses.

 

19           Suspension of Standing Orders

                Mr Brindal, without notice, moved - That Standing Orders be so far suspended as to enable him to present a petition to the House.

                Debate ensued.

                Question put.

 


 

                House divided (No. 3):

              Ayes, 22.             Noes, 22.

            Hon. H. Allison

            Dr Armitage

            Hon. P.B. Arnold

            Mr S.J. Baker

            Mr Becker

            Mr Blacker

            Hon. D.C. Brown

            Hon. J.L. Cashmore

            Hon. B.C. Eastick

            Mr S.G. Evans

            Mr Gunn

            Mr Ingerson

            Mrs Kotz

            Mr Lewis

            Mr Matthew

            Mr Meier

            Mr Olsen

            Mr Oswald

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Mr Brindal (Teller)

 

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr De Laine

Hon. M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. F.T. Blevins (Teller)

                Casting Vote

                The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes               because of his obligation to uphold the Standing Orders.

                So it passed in the negative.

 

20           Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

21           Select Committee on the Juvenile Justice System - Motion to note Interim Report

                Ordered - That the adjourned debate on the question - That the Interim Report of the Select Committee on the Juvenile Justice System be noted - be now resumed.

                Debate resumed.

                Question put and passed.

 

22           State Bank of South Australia (Investigations) Amendment Bill

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

                    South Australia (Investigations) 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 3 agreed to.

                                              Clause No. 4 read.

 

 

 

                Mr S.J Baker moved on page 4, line 13 to leave out the word "No" and insert in lieu thereof

                    "Subject to subsection (4), no", and after line 16, to insert subclauses as follow:

                "(4) Subsection (3) does not prevent a person from exercising any rights in relation to a report of the Auditor-General on the results of the investigation -

                        (a)    in the case of a report that is under section 25(5) of the State Bank of South Australia Act 1983 presented to the President of the Legislative Council and the Speaker of the House of Assembly - after the report is laid before either House of Parliament;

                        (b)  in the case of any other report that is presented to the Governor - after the report is presented to the Governor.

                (5)   Without limiting the effect of subsection (3), it is the intention of Parliament that the Auditor-General and any other person on whom investigative powers have been conferred for the purposes of the investigation observe the rules of natural justice."

 

                To report progress and ask leave to sit again.

 

                                                                                                                          

 

                The House having resumed:

                Mr Ferguson 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.

 

23           Suspension of Standing Orders

                The Deputy Premier (Hon. F.T. Blevins), without notice, moved - That Standing Orders be

                    so far suspended as to enable a motion for the rescission of the motion for limitation of debate adopted on Tuesday 24 November to be moved forthwith.

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

                    majority of the whole number of Members of the House.

 

                Rescission of vote

                The Deputy Premier moved - That the motion for limitation of debate adopted on Tuesday

                    24 November be rescinded.

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

                    majority of the whole number of the House.

 

24           Suspension and resumption of Sitting

                At 5.58 p.m. the sitting of the House was suspended.

                At 10.00 p.m. the Speaker resumed the Chair.

 

25           Next day of sitting

                The Premier (Hon. L.M.F. Arnold) moved - that the House at its rising adjourn until

                    Tuesday 9 February 1993.

                Debate ensued.

                Question put and passed.

 

26           State Bank of South Australia (Investigations) Amendment Bill

                Ordered - That the further consideration in Committee of the State Bank of South

                    Australia (Investigations) Amendment Bill be now resumed.

 

                                                                                            In Committee

                                              Clause No. 4 further considered.

                Mr S.J. Baker's amendment further considered.

                Question put.

 

 

 

                Committee divided (No. 2):

            Ayes, 22.                     Noes, 22.

            Hon. H. Allison

            Dr Armitage

            Hon. P.B. Arnold

            Mr Becker

            Mr Blacker

            Mr Brindal

            Hon. D.C. Brown

            Hon. J.L. Cashmore

            Hon. B.C. Eastick

            Mr S.G. Evans

            Mr Gunn

            Mr Ingerson

            Mrs Kotz

            Mr Lewis

            Mr Matthew

            Mr Meier

            Mr Olsen

            Mr Oswald

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Mr S.J. Baker (Teller)

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Mr De Laine

Hon. M.J. Evans

Hon. R.J. Gregory

Hon. T.R. Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. G.J. Crafter (Teller)

                Casting Vote

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

                So it passed in the negative.

                                              Clause agreed to.

                                              Clause No. 5 agreed to.

                                              Title agreed to.

 

                                                                                                                        

 

                The House having resumed:

                Mr Ferguson 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.

 

27           Conference - Construction Industry Long Service Leave (Miscellaneous) Amendment Bill

                The Minister of Labour Relations and Occupational Health and Safety reported - That the Managers have been at the Conference on the Construction Industry Long Service Leave (Miscellaneous) Amendment Bill, which was managed on the part of the Legislative Council by the Hon. I. Gilfillan, Hon. R.J. Ritson, Hon. T.G. Roberts, Hon. J.F. Stefani and Hon. G. Weatherill and we there delivered the bill, together with the resolution 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 -

                As to Amendment No. 1 -

                That the Legislative Council do not further insist on this amendment.

                As to Amendments Nos 2 and 3 -

                That the House of Assembly do not further insist on its disagreement to these amendments.

 

 

                As to Amendment No. 4 -

                That the Legislative Council do not further insist on this amendment and the House of Assembly makes the following amendment in lieu thereof -

                Clause 6, page 4, line 26 -

                Leave out subsection (5) and substitute new subsections as follows:

                (5)   The Board is subject to direction by the Minister.

                (6)   A direction given by the Minister under subsection (5) must be in writing.

                (7)   The Board must cause a direction given by the Minister to be published in its next annual report.

                and that the Legislative Council agree thereto.

                Ordered - That consideration of the recommendations of the Conference be taken into                        consideration forthwith.

 

                                                                                            In Committee

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

 

                                                                                                                          

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the recommendations of the                        Conference and had agreed to the same.

 

28           Messages from the Legislative Council

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

 

                Ambulance Services Bill                                                                                                   Message No. 60

                MR SPEAKER - The Legislative Council does not insist on its Amendments Nos 2 and 3 in the Ambulance Services Bill to which the House of Assembly has disagreed, but has agreed to the alternative amendments made by the House of Assembly, without any amendment, and does not insist on its Amendments Nos 4 and 5.  The Bill is returned herewith.

                Legislative Council, 26 November 1992                                                            G.L. Bruce, PRESIDENT

 

                Supported Residential Facilities Bill                                                                              Message No. 61

                MR SPEAKER - The Legislative Council has agreed to the consequential Amendment made by the House of Assembly in the Supported Residential Facilities Bill.  The Bill is returned herewith.

                Legislative Council, 26 November 1992                                                            G.L. Bruce, PRESIDENT

 

                Dairy Industry Bill                                                                                             Message No. 62

                MR SPEAKER - The Legislative Council does not insist on its Amendments Nos 3 and 4 in the Dairy Industry Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

                Legislative Council, 26 November 1992                                                            G.L. Bruce, PRESIDENT

 

                Stamp Duties (Penalties, Reassessments and Securities)

                    Amendment Bill                                                                                               Message No. 63

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, with the suggested amendments indicated by the annexed Schedule, which amendments the Legislative Council requests the House of Assembly to make to the said Bill.

                Legislative Council, 26 November 1992                                                            G.L. Bruce, PRESIDENT

 

 

 

 

 

                                             Schedule of the amendments suggested by the Legislative Council

                No. 1   Page 3, line 24 (clause 6) - Leave out "A statement affecting the liability of an instrument to duty" and substitute "Any facts or circumstances affecting the liability of an instrument included in a statement under subsection (1)".

                No. 2   Page 5, line 11 (clause 10) - After "mistake" insert "of fact".

                No. 3   Page 5, line 27 (clause 10) - After "overpaid duty" insert "together with interest on that amount, from the date of payment of the duty, at the rate fixed under subsection (5a)."

                No. 4   Page 5 (clause 10) - After line 27 insert the following:-

                        "(5a)  The Minister may, by notice in the Gazette -

                        (a)  fix a rate of interest for the purposes of subsection (5); or

                        (b) vary a rate of interest previously fixed under this subsection."

                                                                        J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                Ordered - That the message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the suggested amendments be agreed to.

                                                                                                                        

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the suggested amendments referred to it and had agreed to the same without amendment.

 

                Construction Industry Long Service Leave (Miscellaneous)

                    Amendment Bill                                                                                               Message No. 64

                MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Construction Industry Long Service Leave (Miscellaneous) Amendment Bill has agreed to the same.  The Bill is returned herewith.

                Legislative Council, 26 November 1992                                                            G.L. Bruce, PRESIDENT

 

                Industrial Relations (Miscellaneous Provisions) Amendment Bill           Message No. 65

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Industrial Relations Act (S.A.) 1972, and to make related amendments to the Employees Registry Offices Act 1915 and the Long Service Leave Act 1987, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                Legislative Council, 26 November 1992                                                            G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1.  Page 1, lines 18 to 25 and Page 2, lines 1 to 16 (clause 3) - Leave out paragraphs (a), (b), (c) and (d).

                No. 2.  Page 3, lines 7 to 31 and Page 4, lines 1 to 4 (clause 4) - Leave out the clause.

                No. 3.  Page 10, lines 5 to 7 (clause 14) - Leave out paragraph (d).

                No. 4.  Page 10 (clause 14) - After line 25 insert new subsection as follows:-

                            "(4a)    In framing an order under this section, the Commission must have regard to the principle that fair and reasonable remuneration should be paid for work but, despite this, the Commission must also have regard to any difficulties that would be experienced by the principal because of serious or extreme economic adversity if the principal were required to make payments at or above a certain level.

                No. 5.  Page 10 (clause 14) - After line 28 insert new subsections as follow:-

                            "(6) A person must not -

                                    (a)    discriminate against another person;

                                              or

 

 

 

                                    (b)    advise, encourage or incite any person to discriminate against another person,

                               by virtue only of the fact that the other person -

                                    (c)     is a person who has made, or proposes, or has at any time proposed, to make, application to the Commission under this section;

                                    (d)    is a person on whose behalf an application has been made, or is proposed, or has at any time been proposed, to be made, under this section;

                                              or

                                    (e)     is a person who has received the benefit of an order under this section.

                            Penalty:  Division 8 fine.

                            (7)   If in proceedings for an offence against subsection (6) all the facts constituting the offence other than the ground of the defendants act or omission are proved, the onus of proving that the act or omission was not based on the ground alleged in the charge lies on the defendant.

                            (8)   A court by which a person is convicted of an offence against subsection (6) may, if it thinks fit, on application under this subsection, award compensation to the person against whom the offence was committed for loss resulting from the commission of the offence.

                No. 6.  Page 12 - After line 18 insert new clause as follows:-

                            25a. Insertion of s. 108b The following section is inserted after section 108a of the principal Act:

                            108b. Conscientious objection A provision in an industrial agreement under this Division that requires a person to give preference to a member of a registered association will be taken not to require the person to give such preference over a person in respect of whom there is in force a certificate issued under section 144.

                No. 7.  Page 13, lines 30 to 32 (clause 30) - Leave out subsection (1) and insert new subsection as follows:-

                            (1)  An industrial agreement under this Division may be made -

                                    (a)    between a single employee and his or her employer;

                                              or

                                    (b)    between an association of employees and any other association, or any person, in relation to any industrial matter.

                No. 8.  Page 14, line 8 (clause 30) - Leave out "or".

                No. 9.  Page 14 (clause 30) - After line 9 insert the following:-

                            or

                            (d)  in the case of an agreement between an employer and one or more of the employers Employees - the terms and conditions of their employment,.

                No. 10.  Page 14, line 12 (clause 30) - Leave out "be".

                No. 11.  Page 14, line 13 (clause 30) - After (a)  insert (b).

                No. 12.  Page 14, line 14 (clause 30) - After (b)  insert "be".

                No. 13.  Page 14 (clause 30) - After line 15 insert new paragraph as follows:-

                               (ba)  indicate the scope of operation of the agreement, specifying the employee or employees, or class or classes of employees, who are covered by the agreement;.

                No. 14.  Page 14, line 17 (clause 30) - After (c)  insert be.

                No. 15.  Page 14 (clause 30) - After line 31 insert new subsection as follows:-

                               (a1)    Subject to this Division, the Commission must certify an agreement under this Division between an employee and an employer if, and must not certify an agreement unless, it is satisfied that -

                                         (a)    the employee has entered into the agreement freely and without the exertion of undue influence or pressure, or the use of unfair tactics;

                                                  and

                                         (b)    the agreement does not seriously jeopardise the interests of the employee.

 

 

 

                No. 16.  Page 14, line 33 (clause 30) -After Division insert to which an association of employees is a party.

                No. 17.  Page 15, lines 16 to 22 (clause 30) - Leave out paragraph (e)  and insert new paragraph as follows:-

                               (e)     the parties to the agreement include each registered association of employees whose membership includes one or more employees who are covered by the agreement;.

                No. 18.  Page 15 (clause 30) - After line 22 insert new paragraph as follows:

                            (ea)     if no registered association of employees is a party to the agreement and the agreement applies only to a single business, part of a business or a single place of work, the parties have entered into the agreement freely and

                                         without the exertion of undue influence or pressure, or the use of unfair tactics;.

                No. 19.  Page 16, line 9 (clause 30) - Leave out (i) or (ii) (as the case may be).

                No. 20 Page 16, line 11 (clause 30) - Leave out relevant association of employees and substitute registered association of employees whose membership includes one or more employees who are covered by the agreement.

                No. 21.  Page 16, lines 25 to 32 and Page 17, lines 1 and 2 (clause 30) - Leave out paragraph (b).

                No. 22.  Page 18 (clause 30) - After line 2 insert new paragraph as follows:-

                               (aa)  in the case of an agreement between an employee and an employer - the parties rescind the agreement by notice in writing to the Commission;.

                No. 23.  Page 18, lines 18 and 19 (clause 30) - Leave out paragraph (b)  and insert new paragraph as follows:-

                               (b)          if an association is a party to the agreement, all members for the time being of the association.

                No. 24.  Page 18, line 21 (clause 30) - After as regards insert the employer and employee or.

                No. 25.  Page 19, line 5 (clause 30) - After unfair to insert the employee or.

                No. 26.  Page 20, line 2 (clause 30) - After under this Division insert to which an association of employees is a party.

                No. 27.  Page 20, line 31 (clause 30) - After association insert insofar as the agreement has applied to those employees by virtue of their membership of that association.

                No. 28.  Page 20 (clause 30) - After line 33 insert new section as follows:-

                               113ja. Conscientious objection A provision in an industrial agreement under this Division that requires a person to give preference to a member of a registered association will be taken not to require the person to give such preference over a person in respect of whom there is in force a certificate issued under section 144.

                No. 29.  Page 20 (clause 30) - After line 37 insert new subsection as follows:-

                               (2) If the parties to an agreement do not include at least one registered association of employees, the Commission must not certify the agreement unless the Commission is satisfied that the United Trades and Labor Council has been given a reasonable opportunity to consult with the parties to the agreement and the Commission has taken into account any reasonable objection raised by the United Trades and Labor Council in relation to the  agreement.

                No. 30.  Page 20 - After line 38 insert new clause 30a. as follows:-

                               30a. Amendment of s . 144 - Conscientious objection Section 144 of the principal Act is amended by striking out subsection (3) and substituting the following subsection:

                               (3) An employer or an association must not -

                                    (a)    discriminate against a person on the ground that the person is the holder of a certificate under this section;

                                              or

 

 

 

 

                                    (b)    advise, encourage or incite any person to discriminate against another person on the ground that the other person is the holder of a certificate under this section.

                               Penalty:  Division 8 fine.

                No. 31.  Page 21, line 7 (clause 32) - After superannuation fund insert of a prescribed kind.

                                          J.M.Davis, CLERK OF THE LEGISLATIVE COUNCIL

            Ordered - That the Message be taken into consideration forthwith.

 

                                                                   In Committee

            Resolved - That the amendments be disagreed to.

                                                                                                

 

            The House having resumed:

            Mr Ferguson reported that the Committee had considered the amendments referred to it                        and had disagreed to the same.

 

            The Flinders University of South Australia (Miscellaneous)

               Amendment Bill                                                                               Message No. 66

            MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Flinders University of South Australia Act 1966, without any amendment.

            Legislative Council, 26 November 1992                                    G.L. Bruce, PRESIDENT

 

29        Public Finance and Audit (Miscellaneous) Amendment Bill

            Order of the Day read for the adjourned debate on the question - That the Public Finance                      and Audit (Miscellaneous) Amendment Bill be now read a second time.

            Debate resumed.

            Question put and passed.

 

            Bill read a second time.

 

            Instruction to Committee

            Mr S.J. Baker, pursuant to contingent notice, moved - That it be an instruction to the Committee of the whole House on the Bill that it have power to divide the Bill into two Bills, one Bill comprising clauses 1 to 3, 6 and 8 to 20 and the other comprising clauses 4, 5 and 7, and to report the two Bills separately.

            Question put and negatived.

                                                                   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 Ferguson 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.

 

30        Suspension of Standing Orders

            The Treasurer, 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 present an absolute

               majority of the whole number of Members of the House.

 

31        Messages from the Legislative Council

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

 

            Classification of Publications (Display of Indecent Matter)

               Amendment Bill                                                                               Message No. 67

            MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Classification of Publications Act 1974, to which it desires the concurrence of the House of Assembly.

            Legislative Council, 26 November 1992                                    G.L. Bruce, PRESIDENT

 

            Bill read a first time.

            Ordered - That the second reading be an Order of the Day for Tuesday 9 February 1993.

 

            Dried Fruits (Extension of Term of Office) Amendment Bill          Message No. 68

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

            Legislative Council, 26 November 1992                                    G.L. Bruce, PRESIDENT

 

32        Public Finance and Audit (Miscellaneous) Amendment Bill

            Ordered - That the further consideration in Committee of the Public Finance and Audit              (Miscellaneous) Amendment Bill be now resumed.

 

                                                                   In Committee

                                   Clause No. 5 further considered and agreed to.

                                                                                                 

 

                                                               It being 12 midnight:

                                                     FRIDAY 27 NOVEMBER 1992

                                                                                                 

 

                                   Clauses Nos 6 to 9 agreed to.

                                   Clause No. 10 amended and agreed to.

                                   Clauses Nos 11 to 14 agreed to.

                                   Clause No. 15 read.

            Mr S.J. Baker moved on page 6, after line 37, to insert new subsection as follows:

            (1a)   As soon as practicable after making a request under subsection (1) the Treasurer must -

                  (a)  cause notice to be published in the Gazette stating the name of the body in relation to which the request was made; and

                  (b) cause a statement of his or her reasons for making the request to be tabled in both Houses of Parliament.

            Question put and negatived.

                                   Clause agreed to.

                                   Clause No. 16 read.

            Mr S.J. Baker moved on page 7, lines 17 to 19, to leave out these lines; and on lines 24 to 31, to leave out subsection (5) and insert in lieu thereof the following subsection:

            (5)  A company is the subsidiary of another company for the purposes of subsection (3) if it is the subsidiary of that other company according to the Corporations Law.

            Question put and negatived.

            Mr S.J. Baker moved on page 7, lines 34 and 35, to leave out the words "the prescribed                       percentage" and insert in lieu thereof the words "50 per cent".

            Question put and negatived.

            Mr S.J. Baker moved on page 8, lines 4 and 5 to leave out subsection (8) and insert in lieu                    thereof subsection as follows:

 

 

 

               (8)  As soon as practicable after making a request under subsection (7) the Treasurer must -

                  (a)  cause notice to be published in the Gazette stating the name of the company in relation to which the request was made; and

                  (b) cause a statement of his or her reasons for making the request to be tabled in both Houses of Parliament.

            Question put and negatived.

                                   Clause otherwise amended and agreed to.

                                   Clauses Nos 17 to 20 agreed to.

                                   Title agreed to.

 

                                                                                             

 

            The House having resumed:

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

 

            The Treasurer moved - That this Bill be now read a third time.

            Debate ensued.

            Question put and passed.

 

            Bill read a third time and passed.

 

33        Message from the Legislative Council

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

 

            Wine Grapes Industry (Indicative Prices) Amendment Bill                        Message No. 69

            MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled                        an Act to amend the Wine Grapes Industry Act 1991, without any amendment.

            Legislative Council, 26 November 1992                                    G.L. Bruce, PRESIDENT

 

34        Suspension and resumption of sitting

            At 12.53 a.m. the sitting of the House was suspended.

            At 3.15 a.m. the Speaker resumed the Chair.

 

35        Message from the Legislative Council

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

 

            Industrial Relations (Miscellaneous Provisions) Amendment Bill Message No. 70

            MR SPEAKER - The Legislative Council insists on its Amendments Nos 1 to 6, 10 to 14, 27, 28, 30 and 31, but does not insist on its Amendments Nos 7 to 9, 15 to 26 and 29 in the Industrial Relations (Miscellaneous Provisions) Amendment Bill, and has, in lieu of its Amendments Nos 19, 20, 21 and 23 to which the House of Assembly has disagreed, made the alternative amendments indicated by the annexed Schedule, to which alternative amendments the Legislative Council desires the concurrence of the House of Assembly.  The Bill is returned herewith.

            Legislative Council, 26 November 1992                                    G.L. Bruce, PRESIDENT

 

                    Schedule of the alternative amendments made by the Legislative Council

                No. 1.  Page 16, lines 9 to 16 (clause 30) - Leave out subsection (4) and insert new subsection as follows:

                            (4)   Subsection (1)(e) does not apply if -

                                    (a)     in the case of an agreement that applies only to a single business, part of a single business or a single place of work -

 

 

 

                                              (i) the parties to the agreement include at least one registered association of employees;

                                              (ii)      the Commission is satisfied that the agreement is in the interests of the employees whose employment is covered by the agreement;

                                                        and

                                              (iii)     if the registered association of employees, or registered associations of employees, that are parties to the agreement are not able to represent the industrial interests of all employees who are covered by the agreement, or the parties to the agreement do not include each registered association of employees whose membership includes one or more employees who are covered by the agreement -

                                                        (A)  the United Trades and Labor Council has been consulted in

                                                                relation to the matter;

                                                               and

                                                        (B)   the Commission is satisfied that it is appropriate that the

                                                                registered association of employees, or registered associations of

                                                               employees, that are parties to the agreement have, for the

                                                               purposes of this Division, and notwithstanding the rules of that

                                                               association or those associations, the ability to represent the

                                                               industrial interests of the employees under the agreement;

                                    (b)     in the case of an agreement that does not apply only to a single business, part of a single business or a single place of work - the Commission is satisfied -

                                              (i) that each relevant association of employees has been given the opportunity to be a party to the agreement;

                                              (ii)      at least one of those associations is a party to the agreement;

                                              and

                                              (iii)     the agreement is in the interests of the employees whose employment is covered by the agreement.

                No. 2.  Page 16, lines 26 to 30 (clause 30) - Leave out all words in these lines.

                No. 3.  Page 18 (clause 30) - After line 19 insert new paragraph as follows:-

                            (c)   to the extent that paragraphs (a)  and (b)  do not apply, all employees who are covered by the agreement.

                No. 4.  Page 20 (clause 30) - After line 31 insert new subsection as follows:-

                            (3a) If the remaining parties to the agreement do not include at least one registered association of employees, the agreement will come to an end.

                                                        J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

 

                Resolved - That disagreement to Amendments Nos 1 to 6, 10 to 14, 27, 28, 30 and 31 be                       not insisted on.

                Resolved - That alternative amendments to Nos 19 to 21 and 23 be agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the Message referred to it and had resolved not to insist on its disagreement to Amendments Nos 1 to 6, 10 to 14, 27, 28, 30 and 31 and had agreed to Alternative Amendments Nos 19 to 21 and 23.

        

 

 

 

 

36           Adjournment

                House adjourned at 3.29 a.m. until Tuesday 9 February 1993 at 2.00 p.m.      

 

                                                                                                                        

 

 

                Present during the day - All the Members.

 

 

 

 

 

 

 

                                                                                                                                                                N.T. Peterson

                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY