No 35

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 5 AUGUST 1998

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and read prayers.

 

2       Petition No 81

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

 

81   Mrs Geraghty, from 308 residents of South Australia, requesting that the House urge the Government to provide legal status to the Heysen Trail such that it cannot be obstructed or rerouted and for its current aesthetic value to be retained.

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Minister for Human Services (Hon D C Brown) -

Office of Road Safety - Random Breath Testing - Operation and Effectiveness, 1997

Ministerial Statement - Random Breath Testing in South Australia: Operation and Effectiveness.

 

5       Legislative Review Committee - Reports – Regulations made under the Passenger Transport Act 1994 in regard to Small Passenger Vehicles and other matters, Sixteenth and Seventeenth

Mr Condous brought up the Report of the Committee on Regulations made under the Passenger Transport Act 1994 in regard to Small Passenger Vehicles and other matters.

Report received.

 

Mr Condous brought up the Sixteenth Report of the Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

Honourable Members are warned that after consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to :

No 296        Education Act 1972 – Regulations – Materials and Services Charges

No 316        Building Work Contractors Act 1995 – Regulations – Notifications of Changes

No 317        Conveyancers Act 1994 – Regulations – Consumer Affairs

No 318        Land Agents Act 1994 – Regulations – Consumer Affairs

No 319        Land Valuers Act 1994 – Regulations – Qualifications

No 320        Plumbers, Gas Fitters and Electricians Act 1995 – Regulations – Notification of Changes

No 321        Retirement Villages Act 1987 – Regulations – Offence

No 322        Second-Hand Vehicle Dealers Act 1995 - Regulations – Penalties

No 323        Travel Agents Act 1986 – Regulations – Notification of Changes.

 

Mr Condous brought up the Seventeenth Report of the Committee.

Report received.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

8       National Parks and Wildlife (Bookmark Biosphere Trust) Amendment Bill

The Minister for Environment and Heritage (Hon D C Kotz), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972.

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 Hill, that the debate be adjourned until tomorrow.

 

9       Suspension of Standing Orders

The Minister for Administrative Services (Hon W A Matthew), without notice, moved - That Standing Orders be so far suspended as to enable Standing Committee reports set down on the Notice Paper for tomorrow to be taken into consideration forthwith.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

Ordered – That the time allotted for these debates be one hour.

 

10      Public Works Committee – Final Report – Hindmarsh Soccer Stadium Upgrade – Stage 2 -  Motion to note

Mr Lewis, pursuant to notice, moved - That the Seventieth Report of the Public Works Committee on the Hindmarsh Soccer Stadium Upgrade – Stage 2 be noted.

Debate ensued.

Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 20 August.


 

11      Public Works Committee - Report – Education Development Centre – Training and Development Unit - Motion to note

Mr Lewis, pursuant to notice, moved - That the Seventy-Fifth Report of the Public Works Committee on the Education Development Centre – Training and Development Unit be noted.

Debate ensued.

Question put and passed.

 

12      Environment, Resources and Development Committee – Report – Aquaculture – Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Venning – That the Twenty-Ninth Report of the Environment, Resources and Development Committee on Aquaculture be noted.

Debate resumed.

         Question put and passed.

 

13      Messages from the Legislative Council

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

 

         Police Bill                                                                                               Message No 88

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to make provision for the establishment and management of South Australia Police; to repeal the Police Act 1952; to make consequential amendments to the Acts Interpretation Act 1915 and the Police Superannuation Act 1990; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 4 August 1998                                                 J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1 Page 3, line 20 (clause 6) - Leave out "the" (first occurring) and insert:

                    any written

          No. 2   Page 3, lines 26 and 27 (clause 8) - Leave out "in relation to enforcement of a law or law enforcement methods, policies, priorities or resources".

          No. 3   Page 4, lines 32 and 33 (clause 11) - Leave out paragraphs (c) and (d).

 

          No. 4   Page 6, line 12 (clause 13) - After "Minister" insert:

             (which must be consistent with the aims and requirements of this Act)

          No. 5   Page 7, line 14 (clause 16) - Leave out "Commissioner" and insert:

             Premier

             No. 6           Page 7, line 19 (clause 16) - After "Commissioner" insert:

             and published in the Gazette

No. 7   Page 7, lines 27 to 36 and page 8, lines 1 to 4 (clause 16) - Leave out subclauses (4) and (5) and insert new subclauses as follow:

              (4) If, immediately before a person was first appointed as an Assistant Commissioner, he or she held an appointment under this Act or the Act repealed by this Act (the person's "former appointment"), the person is, on not being reappointed at the end of a term of appointment, entitled to an appointment at the same rank as the person's former appointment.

                    (5) If, immediately before a person was first appointed as an Assistant Commissioner, he or she did not hold an appointment under this Act or the Act repealed by this Act, the person's contract must provide that the person will be entitled to some other specified appointment in S.A. Police in the event that he or she is not reappointed at the end of a term of appointment.

 

       No. 8      Page 8, line 20 (clause 17) - Leave out "satisfactorily or to" and insert:

             in a manner that satisfies

No. 9     Page 10, line 11 (clause 22) - After "divided" insert:

             or consolidated

No. 10   Page 10, line 14 (clause 23) - Leave out "of an officer, or an appointment".

No. 11   Page 10, lines 19 and 20 (clause 23) - Leave out ", including conditions excluding or modifying a provision of this Act".

No. 12   Page 10, lines 21 to 37 (clause 23) - Leave out subclauses (2), (3) and (4) and insert the         following:

             (2) A person must not be appointed for a term under this section except -

                    (a)         where the person has special expertise that is required but not available within S.A. Police; or

                    (b)        in other cases of a special kind prescribed by regulation.

                    (3) A person must not be appointed for a term under this section more than once and the term of any appointment under this section must not be extended.

No. 13   Page 11, line 22 (clause 27) - Leave out "two years" and insert:

             one year

No. 14   Page 11, lines 34 and 35 (clause 27)- Leave out "two years" and insert:

             one year

No. 15   Page 12, line 14 (clause 28) - After "Commissioner" insert:

             and published in the Gazette

No. 16   Page 12, line 17 (clause 29) - Leave out "must not resign or relinquish official duties unless" and insert:

       may resign or relinquish official duties if

No. 17   Page 12, line 22 (clause 29) - Leave out all words in this line.

No. 18   Page 14, line 11 (clause 35) - Leave out "must not resign or relinquish official duties unless" and insert:

             may resign or relinquish official duties if

 

No. 19   Page 14, line 16 (clause 35) - Leave out all words in this line.

No. 20   Page 18, line 5 (clause 42) - After "seniority" insert:

             or relocation to a place so distant as to unduly disrupt the member's family life

No.21    Page 18, line 23 (clause 43) - After "determined" insert:

             (in a non-discretionary way)

No. 22   Page 21, line 3 (clause 47) - After "position" (second occurring) insert:

             (and such transfer may be permanent or for a specified term)

No. 23   Page 21, lines 8 and 9 (clause 47) - Leave out ", subject to subsection (5) and any general orders of the Commissioner,".

No. 24   Page 21, line 10 (clause 47) - Leave out "general orders" and insert:

             regulations

No. 25   Page 21, lines 11 to 14 (clause 47) - Leave out subclause (5).

No. 26   Page 22, line 2 (Heading) - After "TERMINATION" insert:

            , TRANSFER

No. 27   Page 22 - After line 19 insert new clauses as follow:

                   49A. Reasons for decision The Police Review Tribunal must, at the request of the applicant before the Tribunal or the Commissioner made within seven days after the Tribunal has made a decision on a review under this Division, give reasons in writing for the decision.

             

                   49B. Appeal from decision of Tribunal (1) Following a decision by the Tribunal under this Division, the applicant before the Tribunal or the Commissioner may appeal to the Court against the decision.

                   (2) An appeal under this section must be instituted within one month of the making of the Tribunal's decision, but the Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal be instituted within that period.

                   (3) On an appeal under this section, the Court may do one or more of the following:

                   (a)   confirm the decision;

                   (b)   quash the decision;

                   (c)   remit the matter to the Commissioner for reconsideration;

                   (d)   make any further or other order as to costs or any other matter that the case requires.

                   (4) No further appeal lies against a decision of the Court made on an appeal under this section.

 

                   (5) In this section -

                   "Court" means the Administrative and Disciplinary Division of the District Court.

     DIVISION 1A - TRANSFER REVIEWS

               49C Review of certain transfers  (1) If -

                   (a)          a decision is made to transfer a member of S.A. Police to another position (other than under Part 6 or section 46); and

                   (b)          the member believes that he or she is being punished for particular conduct,                                      the member may apply to the Police Review Tribunal for a review of the `                           decision.

                   (2)   An application for review of the decision must be made to the Secretary to the Tribunal within the period and in the manner prescribed by regulation.

                   (3)   The Tribunal may in an appropriate case dispense with the requirement that the application be made within the prescribed period.

                   (4)   If, on an application for review of a decision under this Division, the Tribunal is satisfied that the transfer is in the nature of a punishment, the Tribunal may do one or more of the following:

                   (a)   quash the decision;

                   (b)   remit the matter to the Commissioner for reconsideration;

                   (c)   make recommendations for settlement of the matter.

No. 28   Page 22, line 29 (clause 51) - Leave out "general orders of the Commissioner" and insert:

                                regulations

No. 29   Page 23, line 6 (clause 52) - Leave out "general orders of the Commissioner" and insert:

                                regulations

No. 30   Page 23 (clause 53) - After line 15 insert the following:

             (ab) that the applicant for the review should have been selected based on a proper assessment of the respective merits of the applicants; or

No. 31   Page 23, lines 20 and 21 (clause 53) - Leave out all words in these lines.

No. 32   Page 23, lines 23 to 29 (clause 54) - Leave out the clause and insert new clause as follows:

                    54. Determination of application On an application for a review of a selection decision under this Division, the Police Review Tribunal may do one or more of the following:

                    (a)         confirm the decision;

                    (b)        quash the decision;

                    (c)         order that the applicant for the review be appointed to the position;

                    (d)         order that the selection processes be recommenced from the beginning or some other later stage specified by the Tribunal.

No. 33   Page 23, lines 31 to 37 (clause 55) - Leave out the clause.

No. 34   Page 25 - After line 2 insert new clause as follows:

                    60A. Appointment and promotion procedures and qualifications Members of S.A. Police, police cadets and police medical officers must—

                    (a)         be appointed and promoted in accordance with the procedures prescribed by the regulations; and

                    (b)        have the qualifications or satisfy the requirements prescribed by the regulations.

No. 35   Page 26 (clause 66) - After line 12 insert the following:

             (1a) Despite subsection (1), remuneration may not be withheld under that subsection for more than two months.

No. 36   Page 29, lines 5 and 6 (Schedule 1) - Leave out subclause (2) and insert new subclause as      follows:

            (2) The Chief Magistrate of the Magistrates Court will, on the commencement of any proceedings under Divisions 1 or 1A of Part 8, select a Magistrate to constitute the Tribunal for the purpose of those proceedings.

                                                                        J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration on motion.

 

         Valuation of Land (Miscellaneous) Amendment Bill                               Message No 89

MR SPEAKER – The Legislative Council insists on its Amendments in the Valuation of Land (Miscellaneous) Amendment Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

         Legislative Council, 4 August 1998                                                 J C Irwin, PRESIDENT

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the disagreement to the amendments be insisted on.

____________

 

         The House having resumed:

Mr Venning reported that the Committee had considered the Message referred to it and resolved to insist on its disagreement to the amendments of the Legislative Council.

 

         Conference – Valuation of Land (Miscellaneous) Amendment Bill

The Minister for Administrative Services moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Valuation of Land (Miscellaneous) Amendment Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr Atkinson, Ms Breuer, Mr Brokenshire, Mrs Maywald and the mover be Managers of the Conference on the part of this House.

Question put and passed.


 

14      Electricity (Miscellaneous) Amendment Bill

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

 

In Committee

                                                Clause No 3 further considered and agreed to.

                                                Clauses Nos 4 to 22 agreed to.

                                                Clause No 23 amended and agreed to.

                                                Clauses Nos 24 to 75 agreed to.

                                                Schedule agreed to.

                                                Title agreed to.

____________

 

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

15      Sustainable Energy 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.

 

In Committee

                                                Clause No 1 agreed to.

                                                Clause No 2 read.

         Mr Foley moved on page 1, line 14, to leave out subsection (2).

         Question – That the amendment be agreed to – put.

         Committee divided (No 1):

 


                       Ayes, 19

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Foley (Teller)


        Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon J W Olsen (Teller)


         So it passed in the negative.

                                                            Clause agreed to.

                                                            Clauses Nos 3 to 18 agreed to

                                                            Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

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

Debate ensued.

Question put.

 

Bill read a third time and passed.

 

16      Police Bill

Ordered - That the amendments of the Legislative Council in this Bill be now taken into consideration.

 

In Committee

         Resolved – That Amendment No 1 be agreed to.

         Resolved – That Amendments Nos 2 to 25 be disagreed to.

         Resolved – That Amendments Nos 26 and 27 be agreed to.

         Resolved – That Amendments Nos 28 to 35 be disagreed to.

         Resolved – That Amendment No 36 be agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1, 26, 27 and 36, without amendment, and had disagreed to Amendments Nos 2 to 25 and 28 to 35.

 

17      Local Government (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.

 

18      Extension of time for adjournment

The Minister for Local Government (Hon M K Brindal) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

19      Local Government (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.


 

In Committee

                                                Clauses Nos 1 to 20 agreed to.

                                                Clause No 21 amended and agreed to.

                                                Clauses Nos 22 to 34 agreed to.

                                                Clause No 35 amended and agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

20      Adjournment

         House adjourned at 10.16 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Thursday 6 August 1998

 

Notices of Motion: Private Members Bills/ Committees/ Regulations –

Ms White to move – That a Select Committee be established to inquire into the funding of public school operating costs and in particular:

       a)  the adequacy of Government operating grants paid to public schools;

       b)  those cost items which should be met by Government and those costs which should be met from other sources including payments by parents;

c)  those cost items which fall into the category of material and  services charges; and

       d)  existing arrangements including the current regulation for compulsory fees, the existing levels of voluntary contributions and schoolcard allowances.

 

Ms White to move – That the Principal Regulations under the Education Act 1972 relating to Material and Services Charges, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That the Principal Regulations under the Education Act 1972 relating to Material and Services Charges, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That the Regulations under the Building Work Contractors Act 1995 relating to Material and Services Charges, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That the Regulations under the Conveyancers Act 1994 relating to Consumer Affairs, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That the Regulations under the Land Agents Act 1994 relating to Consumer Affairs, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That the Regulations under the Land Valuers Act 1994 relating to Qualifications, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That the Regulations under the Plumbers, Gasfitters and Electricians Act 1995 relating to Notification of Changes, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That the Regulations under the Retirement Villages Act 1987 relating to Offences, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That the Regulations under the Second-Hand Vehicle Dealers Act 1995 relating to Penalties, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Mr Condous to move – That the Regulations under the Travel Agents Act 1986 relating to Notification of Changes, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

____________

 

 

         Present during the day - All Members except Ms Hurley.

 

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Mr Koutsantonis and Ms Hurley.

               Noes - Hon J L Hall and Mr Lewis.

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY