No 34

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 24 FEBRUARY 2004

 

 

1       Meeting of House

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

 

2       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

3       Papers

         The following Papers were tabled:

 

By the Minister for Energy (Hon P F Conlon) –

      Regulations under the following Act –

                     Electricity – Electricity Supply Industry Planning Council

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Regulations under the following Act –

                  Fisheries – One Licence Restriction

 

By the Minister for Administrative Services (Hon J W Weatherill) –

      Regulations under the following Act –

                  Survey – Geodetic Datum.

 

4       Questions

Questions without notice were asked.

 

5       Grievance debate

On motion of the Speaker, the House noted grievances.

 

6       Law Reform (Ipp Recommendations) 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.

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 43

           Noes, 2

 

Hon M J Atkinson

Mrs Redmond

Ms Bedford

Mr Hanna (Teller)

Ms Breuer

 

Mr Brindal

 

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Mrs Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon K O Foley (Teller)

 

 

         So it was resolved in the affirmative.

 

         Bill read a second time.

 

Contingent Notice of Motion

Mr Hanna, pursuant to contingent notice, moved – That the Bill be referred to a Select Committee.

Debate ensued.

Question put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 2):

 

           Ayes, 2

           Noes, 43

 

Mrs Redmond

Hon M J Atkinson

Mr Hanna (Teller)

Ms Bedford

 

Ms Breuer

 

Mr Brindal

 

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Mrs Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon K O Foley (Teller)

 

         So it passed in the negative.

 

In Committee

Clause No 1 agreed to.

Clause No 2 read.

 

Mr Hanna moved on page 4, line 5—

Delete "This" and substitute:

Subject to subsection (2), this

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 3):

 

           Ayes, 4

           Noes, 42

 

Hon I P Lewis

Ms Bedford

Dr McFetridge

Ms Breuer

Mrs Redmond

Mr Brindal

Mr Hanna (Teller)

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Mrs Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

Clause No 2 agreed to.

Clauses Nos 3 to 26 agreed to.

Clause No 27 read.

 

Mr Hanna moved on page 10, line 28 –

Delete paragraph (b)

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

 

Mr Hanna moved on page 10, lines 31 to 38 –

Delete subclause (2)

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

 

Mr Hanna moved on page 11, line 5 –

Delete “a person of normal fortitude in the plaintiff’s position” and substitute:

the plaintiff

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon G M Gunn 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.

 

7       Extension of time for adjournment

Ordered, on motion of the Deputy Premier (Hon K O Foley), that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

8       Messages from the Legislative Council

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

 

         Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill

                                                                                                            Message No 41

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Bail Act 1985, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 23 February 2004                                R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

No. 1.

Clause 4, page 3, line 13—

After "behavioural problems" insert:

(including problem gambling)

No. 2.

Clause 6, page 5, line 22—

After "behavioural problems" insert:

(including problem gambling)

No. 3.

New schedule—

After clause 14 insert:

Schedule 1—Review of intervention program services

1—Review of services included on intervention programs

              (1)          The Minister must, as soon as practicable following the 12 month anniversary of the commencement of this Act, appoint an independent person to carry out an investigation and review concerning the value and effectiveness of all services included on intervention programs (within the meaning of the Bail Act 1985 and the Criminal Law (Sentencing) Act 1988) in the 12 month period following the commencement of this Act.

              (2)          The person appointed by the Minister under subclause (1) must present to the Minister a report on the outcome of the investigation and review no later than 6 months following his or her appointment.

             (3)          The Minister must, as soon as practicable after receipt of the report under this clause, cause a copy of the report to be laid before both Houses of Parliament.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That consideration of the amendments be an Order of the Day for tomorrow.

 

         Statutes Amendment (Computer Offences) Bill                                       Message No 42

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law Consolidation Act 1935 and Summary Offences Act 1953, without any amendment.

         Legislative Council, 23 February 2004                                             R R Roberts, PRESIDENT

 

9       Law Reform (Ipp Recommendations) Bill

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

 

In Committee

Clause No 27 further considered.

 

Mr Hanna moved on page 11, line 9 –

Delete “is to” and substitute:

may

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

 

Mr Hanna moved on page 11, lines 12 and 13 –

Delete subparagraph (ii)

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

 

Mr Hanna moved on page 11, lines 16 and 17 –

Delete subparagraph (iv)

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

 

Mr Hanna moved on page 12, lines 15 to 21 –

Delete new section No 36

Question – That the amendment be agreed to – put.

 

         Division, only one Aye

The House proceeded to a division, but only one Member appearing on the side of the Ayes, the Speaker declared the Noes had it.

So it was passed in the negative.

 

Mr Hanna moved on page 13, lines 37 and 38 –

Delete “by members of the same profession as competent professional practice” and substitute: as best practice by members of the same profession

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

 

Mr Hanna moved on page 13, line 40 –

Delete “irrational“ and substitute:

unreasonable

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

 

Mr Hanna moved on page 14, line 11 to page 15, line 5 –

Delete Division 5 (comprising the Divisional heading and section 42)

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

 

The Deputy Premier moved, on page 15, lines 4 and 5 –

Delete subsection (3)

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 4):

 

           Ayes, 23

           Noes, 23

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Mr Hanna

Hon J D Lomax-Smith

Hon R G Kerin

Hon R J McEwen

Hon D C Kotz

Mr O'Brien

Hon I P Lewis

Ms Rankine

Hon W A Matthew

Hon M D Rann

Ms Maywald

Mr Rau

Dr McFetridge

Mr Snelling

Mr Meier

Hon L Stevens

Mrs Penfold

Ms Thompson

Mrs Redmond

Hon J W Weatherill

Mr Scalzi

Hon P L White

Mr Venning

Hon M J Wright

Mr Williams

Hon K O Foley (Teller)

Ms Chapman (Teller)

 

         Casting Vote

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

 

So it was resolved in the affirmative.

 

Clause No 27, as amended, agreed to.

Clauses Nos 28 to 74 agreed to.

Clause No 75 read.

 

Hon D C Brown moved, on page 23, new section 45A, after line 9 -

Insert:

     (8)     For the purposes of subsection (7), the court will only be satisfied that there is good reason to excuse the non-compliance if it is shown that the non-compliance was due to gross negligence or mental incapacity on the part of the plaintiff's parent or guardian.

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

 

Clause No 75 agreed to.

Clause No 76 read.

 

Hon D C Brown moved, on page 23, line 12 -

After “material” insert:

in itself

 

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

 

10      Suspension of Standing Orders

The Deputy Premier, 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.

 

____________

 

It being Midnight

WEDNESDAY 25 FEBRUARY 2004

____________

 

 

 

11      Law Reform (Ipp Recommendations) Bill

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

 

In Committee

Hon D C Brown’s amendment further considered.

 

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

 

Clause No 76 agreed to.

Clauses Nos 77 to 80 agreed to.

Schedule agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

The Deputy Premier moved – That this Bill be read a third time.

Debate ensued.

         Question put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 5):

 

           Ayes, 34

           Noes, 2

 

Hon M J Atkinson

Mrs Redmond

Ms Bedford

Mr Hanna (Teller)

Ms Breuer

 

Mr Brindal

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Mrs Geraghty

 

Mr Goldsworthy

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon R G Kerin

 

Hon S W Key

 

Mr Koutsantonis

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Mr Rau

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon K O Foley (Teller)

 

 

         So it was resolved in the affirmative.

 

Bill read a third time and passed.

 

12      Adjournment

House adjourned at 12.14 am until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 25 February 2004

 

Notice of Motion: Government Business –

 

The Attorney-General to move – That he have leave to introduce a Bill to make provision for the operation of the Australian Crime Commission in South Australia; to repeal the National Crime Authority (State Provisions) Act 1984; to make related amendments to other Acts and for other purposes.

 

 

            For Wednesday 24 March 2004

 

Notice of Motion: Private Members Business Bills/ Committees/ Regulations –

 

Mr Brindal to move – That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

 

 

Contingent Notice of Motion

 

Contingently on the second reading of the Bill for an Act to amend the Land Agents Act 1994 and to make related amendment to the Conveyancers Act 1994 being moved, the Attorney-General  to move –  That Standing Orders be so far suspended as to allow the second reading debate to proceed forthwith. 

 

 

____________

 

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY