271

 

 

                                                                                                   No. 36

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                          THURSDAY 13 FEBRUARY 1992

 

 

 1             Meeting of House

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

                    Chair and read prayers.

 

2              Education System - Motion for Select Committee

                Order of the Day read for the adjourned debate on the motion of Mr Brindal - That a Select Committee be established to inquire into the report on the provision of Primary and Secondary Education by the Education Department.

                Debate resumed.

                Ordered, on motion of the Minister of Employment and Further Education

                    (Hon.M.D.Rann), that the debate be further adjourned until Thursday next.                   

3              Select Committee on the Law and Practice Relating to

                    Death and Dying

                Order of the Day read for the Report of the Select Committee on the Law and Practice

                    Relating to Death and Dying to be brought up.

                Hon.B.C.Eastick  moved - That the time for bringing up the Report be extended

                    until Thursday 19 March.

                Question put and passed.

 

4              Postponement of business

                Ordered - That Order of the Day (Regulations/Committees) No.3 be an Order

                    of the Day for Thursday next.

 

5              Select Committee on Bushfire Protection and Suppression Measures

                Order of the Day read for the Report of the Select Committee on Bushfire Protection

                    and Suppression Measures to be brought up.

                Hon. T.H. Hemmings moved - That the time for bringing up the Report be extended

                    until Thursday 19 March.

                Question put and passed.

 

6              Postponement of business

                Ordered - That Orders of the Day (Regulations/Committees) Nos 5 and 6 be Orders of

                    the Day for Thursday next.

 

 

 

 

                                                                                                     272

 

7              Country Rail Service - Motion re

                Mr Venning, pursuant to notice, moved - That this House calls on Australian

                    National, in co-operation with the State Transport Authority, to proceed toward the re-establishment of a country rail passenger net-work with priority being given to services for the Iron Triangle and the South East.

                Ordered, on motion of Mrs Hutchison, that the debate be adjourned until Thursday next.

 

8              Postponement of business

                Ordered - That Notice of Motion (Other Motions) No.2 be postponed and taken into

                    consideration on motion.

 

9              Alice Springs to Darwin Railway - Motion re                  

                Mr Gunn, pursuant to notice, moved - That this House calls on-

                    (a) the Federal Government to immediately construct a standard

                               gauge railway line from Alice Springs to Darwin;

                    (b)  the Premier to make the strongest representations possible

                               to the Federal Government in relation to the construction; and

                    (c) all Federal Members of Parliament in this State to lend their support.

                Debate ensued.

                Question put and passed.

 

10           Tea Tree Gully Police Station - Motion re

                    Ordered - That Notice of Motion (Other Motions) No.2 be now taken into

                    consideration.

            Mrs Kotz then moved - That this House condemns the proposed

                    closure of the Tea Tree Gully Police Station between the hours of 11.00 p.m. and 7.00 a.m. and calls on the Government to support its own policy of neighbourhood and community based policing and reject the proposed closure forthwith.

            Ordered, on motion of Mr Quirke, that the debate be adjourned until Thursday next.

 

11    ....... Postponement of business

      ......... Ordered - That Notice of Motion (Other Motions) No.4 be a Notice of Motion for

................... Thursday next.

 

12  ......... Education Review Unit - Motion re    

                      Mr De Laine, pursuant to notice, proceeding to move - That this House acknowledges the

                      work of the Education Review Unit since its establishment in 1989, notes that it has conducted reviews of 231 schools, 3 operational and support units and 5 program and policy areas and calls on the Minister of Education to ensure that final ERU reports are made available to the Parliamentary Library.

............... Ordered, on motion of Mr De Laine, by leave, that the motion be adjourned until Thursday next.

                                                                                                                        

 

                            It being 12.15 p.m., the Orders of the Day (Other Motions) were called on by the Clerk.

 

                                                                                                                        

                                                                                   

13    ...... Golden Grove Road System - Motion re 

            Order of the Day read for the adjourned debate on the motion of Hon.T.H. Hemmings -

                      That this House records its admiration for the high standard of design and workmanship carried out by the Department of Road Transport and others associated with the construction of the arterial roads system in the Golden Grove area.

                  Debate resumed.

                  Question put and passed.


                                                                                                     273

 

14         Brighton and Hallett Cove Police Stations - Motion re

              Order of the Day read for the adjourned debate on the motion of Mr Matthew - That this

                  House calls on the Government to investigate as a matter of priority the establishment of police stations at Hallett Cove and Brighton as part of the commencement of a move back to community police stations. 

              Debate resumed.

              Ordered, on motion of Mr Quirke, that the debate be further adjourned until Thursday

                  next.

 

15         Daw Park Repatriation General Hospital - Motion re

              Order of the Day read for the adjourned debate on the motion of Mr Holloway -

                  That this House reaffirms the Government's policy not to accept the transfer of the Repatriation General Hospital at Daw Park to the State health system unless -

                  (a)   the veteran's community, represented by the R.S.L. is satisfied with the arrangements, particularly those relating to priority of access and quality of health care;

                  (b)  general access to comprehensive health and hospital services for veterans will continue at the level they have always enjoyed;

                  (c)   the Commonwealth provides a guarantee that all funds for operating the hospital will be transferred to the State and indexed for inflation;

                  (d)  the Commonwealth completes the comprehensive upgrading of the facilities at Daw Park; and

                  (e)   the staff of the hospital are satisfied that their interests will be adequately safeguarded.

              Debate resumed.

              Question put and passed.

 

16         Third Arterial Road - Motion re

              Order of the Day read for the adjourned debate on the motion of Mr Matthew - That

                  this House calls on the Government as a matter of priority to commence construction of phase 2 of the Third Arterial Road in order to alleviate traffic problems on Brighton and South Roads and condemns the Government for attempting to spread the road building project over an unacceptable length of time.

              Debate resumed.

              Ordered, on motion of Mr Holloway, by leave, that the debate be further adjourned until

                  Thursday next.

 

17         Message from the Governor

              The following Message from the Governor was received and read:

             

              Assent to Bills                                                              Message No.20

              The Governor informs the House of Assembly that, in the name and on behalf of Her

                  Majesty The Queen, the following Acts have been assented to during the present Session:

                  No. 52 of 1991 - An Act to amend the Correctional Services Act 1982.

                  No. 53 of 1991 - An Act to amend the Goods Securities Act 1986.

                  No. 54 of 1991 - An Act to amend the Motor Vehicles Act 1959, and to make a related

                       amendment to the Stamp Duties Act 1923.

                  No. 55 of 1991 - An Act to amend the Pay-roll Tax Act 1971.

                  No. 56 of 1991 - An Act to amend the Road Traffic Act 1961.

                  No. 57 of 1991 - An Act to amend the Flinders University of South Australia Act 1966.

                  No. 58 of 1991 - An Act to amend the Aboriginal Lands Trust Act 1966.

                  No. 59 of 1991 - An Act to amend the Pollution of Waters by Oil and

                       Noxious Substances Act 1987 and the Marine Act 1936.                                                                     

                  No. 60 of 1991 - An Act to amend the Petroleum Act 1940.

                  No. 61 of 1991 - An Act to amend the Environment Protection (Sea Dumping)

                       Act 1984.        

                  No. 62 of 1991 - An Act to amend the Wheat Marketing Act 1989.

                                                                                                     274                    

 

                  No. 63 of 1991 - An Act to amend the South Australian Health Commission Act 1976.

                  No. 64 of 1991 - An Act to make provision for the registration, incorporation

                       and regulation of housing co-operatives; and for other purposes.

                  No. 65 of 1991 - An Act to amend the Residential Tenancies Act 1978.

                  No. 66 of 1991 - An Act to amend the State Emergency Service Act 1987.

                  No. 67 of 1991 - An Act to amend the Superannuation Act 1988.

                   No. 68 of 1991 - An Act to amend the Criminal Law Consolidation Act 1935.

                  No. 69 of 1991 - An Act to make certain repeals and amendments related to restructuring

                       the court system in the State; to enact transitional provisions; and for other purposes.

                  No. 70 of 1991 - An Act to establish the District Court of South Australia; to define

                       define its jurisdiction and powers; and for other purposes.

                  No. 71 of 1991 - An Act relating to the marketing of wine grapes and making

                       consequential amendments to the Prices Act 1948.

                  No. 72 of 1991 - An Act to amend the Justices Act 1921.

                  No. 73 of 1991 - An Act to establish the Magistrates Court of South Australia;

                       to define its jurisdiction and powers; and for other purposes.

                  No. 74 of 1991 - An Act to amend the Stamp Duties Act 1923.

                  No. 75 of 1991 - An Act to amend the Crimes (Confiscation of Profits) Act

                       1986 and the Criminal Law Consolidation Act 1935.                                                                              

                  No. 76 of 1991 - An Act to amend the Fisheries Act 1982.

                  No. 77 of 1991 - An Act to amend the City of Adelaide Development Control Act

                       1976, the Planning Act 1982 and the South Australian Heritage

                       Act 1978.

                   No. 78 of 1991 - An Act to amend the Strata Titles Act 1988.

                  No. 79 of 1991 - An Act to amend the Corporations (South Australia) Act 1990;

                       to repeal the National Companies and Securities Commission

                       (State Provisions) Act 1981; and for other purposes.

                  No. 80 of 1991 - An Act to make provision for the enforcement of judgements;

                       and for other purposes.

                  No. 81 of 1991 - An Act to amend the Sheriff's Act 1978.

                 No. 82 of 1991 - An Act to provide for the appointment of Justice of the Peace;

                       and for other purposes.

              Government House, Adelaide, 13 February 1992                 R.F.Mitchell, GOVERNOR

 

18         Petitions Nos 190 to 193

              The Clerk announced that the following Members had lodged Petitions for

                  presentation:

 

              190 Dr Armitage, from 15 residents of South Australia, requesting that the House urge

                  the Government not to close the Hillcrest Hospital.

 

              191 Mrs Kotz, from 779 residents of South Australia, requesting that the House urge the

                  Government to review the structure of the juvenile justice system and increase the penalties for juvenile crime.

 

              192 Mr Quirke, from 46 residents of South Australia, requesting that the House urge the

                  Government to seek the restoration of Commonwealth Sales Tax exemptions for schools.

 

              193 Mr Such, from 151 residents of South Australia, requesting that the House urge the

                  Government to improve safety at the Lonsdale Highway and Lander Road junction.

 

19         Legislative Review Committee - Report

              Mr McKee brought up the First Report, 1992 of the Legislative Review

                  Committee.

              Report received.

 

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20         Questions

              Questions without notice were asked.

 

21         Grievance debate

              The Speaker proposed - That the House note grievances.

              Debate ensued.

              Question put and passed.

 

22         Message from the Legislative Council

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

 

              Acts Interpretation (Crown Prerogative) Amendment Bill                                           Message No.67

              MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith,

                  titled an Act to amend the Act Interpretation Act 1915, to which it desires the concurrence of the House of Assembly.

              Legislative Council, 13 February 1992                    G.L.Bruce, PRESIDENT

 

              Bill read a first time.

              Ordered - That the second reading be an Order of the Day for Tuesday next.

 

23         State Government Insurance Commission Bill

                  The Premier (Hon.J.C. Bannon), pursuant to notice, moved - That he have leave to

                  introduce a Bill for an Act to provide for the continuation of the State Government Insurance Commission; to define the functions and powers of the Commission; to repeal the State Government Insurance Commission Act 1970; 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 S.J. Baker, that the debate be adjourned until Tuesday next.

 

24         Local Government (Miscellaneous Provisions) Amendment Bill

             Order of the Day read for the second reading of the Local Government (Miscellaneous

                  Provisions) Amendment Bill.

             The Minister of Employment and Further Education (Hon.M.D.Rann) moved - That this

                  Bill be now read a second time.

             Ordered, on motion of Hon.D.C.Wotton, that the debate be adjourned until tomorrow.

 

25         Survey Bill

             Order of the Day read for the adjourned debate on the question - That the Survey 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 amended and agreed to.

                                                                             Clauses Nos 5 to 7 agreed to.

                                                                             Clause No. 8 amended and agreed to.                                                                                                                                                 Clauses Nos 9 to 14 agreed to.

                                                                             Clause No. 15 read.

             Hon. D.C. Wotton moved on page 6, line 17, to leave out the words "for fee or reward".

             Question put and negatived.

                                                                          Clause agreed to.

 

                                                                                                     276

 

                                                                             Clauses Nos 16 to 30 agreed to.

                                                                            Clause No.31 read.

             Hon. D.C. Wotton moved on page 12, lines 28 and 29, to leave out all words in these lines.

             Question put and negatived.

                                                                             Clause agreed to.

                                                                             Clauses Nos 32 to 42 agreed to.

                                                                             Clause No.43 read.

             Hon. D.C. Wotton moved on page 16, line 42, after the words "after consulting with" to

                  insert the words "with the concurrence of".

             Question put and negatived.

                                                                             Clause agreed to.

                                                                             Clause No.44 agreed to.

                                                                             Clause No.45 amended and agreed to.

                                                                             Clauses Nos 46 to 49 agreed to.

                                                                             Clause No.50 amended and agreed to.

                                                                             Clauses Nos 51 to 63 agreed to.

                                                                             Schedule agreed to.

                                                                             Title agreed to.

                                                                                                                       

 

             The House having resumed:

             Mr M.J. Evans 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.

 

26         Technical and Further Education (Miscellaneous) Amendment Bill

             Order of the Day read for the adjourned debate on the question - That the Technical and

                  Further Education (Miscellaneous) 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 31 agreed to.

             Hon. J.L. Cashmore moved on page 13, after line 31, to insert new clause as follows:

                      32. Insertion of schedule The following schedule is inserted at the end of the principal

                          Act:

                                                                                                Schedule

                                                      Interpretation of other Acts and instruments

 

                      1. References to officers of the teaching service  A reference in an Act or in any other

                         instrument (whether the instrument is of a legislative character or not) to an officer of

                         the teaching service under this Act will be construed as a reference to an officer.

                  Question put and negatived.

                                                                                  Title agreed to.

 

                                                                                                                       

 

             The House having resumed:

             Mr M.J. Evans reported that the Committee had considered the Bill referred to it and had

                  agreed to the same without amendment.

 

 

                                                                                                     277                                                    

 

             Bill read a third time and passed.

 

27         Messages from the Legislative Council             

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

 

             Criminal Law Consolidation (Rape) Amendment Bill                                                    Message No.68

             MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith,

                  titled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the House of Assembly.

             Legislative Council, 13 February 1992              G.L.Bruce, PRESIDENT

 

             Bill read a first time.

             Ordered - That the second reading be an Order of the Day for Tuesday next.

 

             South Australian Local Government Grants Commission Bill                                    Message No.69

             MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled

                  an Act to provide for the continued existence of the South Australian Local Government Grants Commission; to provide for the exercise and performance by it of its powers and functions; to repeal the South Australian Local Government Grants Commission Act 1976; and for other purposes; to which it desires the concurrence of the House of Assembly.

             Legislative Council, 13 February 1992             G.L. Bruce, PRESIDENT

 

             Bill read a first time.

             Ordered - That the second reading be an Order of the Day for Tuesday next.

            

28         Adjournment

             House adjourned at 6.00 p.m. until Tuesday next at 2.00 p.m.

 

            

            

 

                                                                                                                        

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Tuesday 18 February 1992

             Notice of Motion: Government Business -

 

The Minister for Environment and Planning to move - That she have leave to introduce a Bill for an Act to provide for the protection of wilderness and the restoration of land to its condition before European colonization; to make consequential amendmnts to the National Parks and Wildlife Act 1972; and for other purposes. 

 

For Thursday 20 February 1992

             Notices of Motion: Other Motions -

 

Mr Venning to move - That this House calls on the Government to abandon its current

             discriminatory and unworkable Junior Sports Policy forthwith and allow individual sporting bodies and groups to determine their own policy issues.


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Hon. D.C. Wotton to move - That this House condemns the Attorney General for his

             implementation of Government policy to replace the Royal Coat of Arms in the Supreme Court with the State Coat of Arms recognising that the justices of the Supreme Court are the Queens justices and calls on the Premier to immediately take action to reverse this policy.

 

 

                                                                                                                         

 

             Present during the day - All the Members except Mr Atkinson and Hon. J.H.C. Klunder.

 

 

 

 

 

 

 

 

 

 

                                                                                                            N.T. Peterson

                                                                                                            SPEAKER

 

                                                                                                                                                                                                                                                                                                

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY