No 37

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

THURSDAY 11 APRIL 1996

 

1    Meeting of House

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

 

2    Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 to 14 be Notices of Motion for Thursday 30 May.

 

3    Environment, Resources and Development Committee - Report - Roxby Downs Water Leakage - Motion to note

Mrs Kotz, pursuant to notice, moved -That the Nineteenth Report of the Environment, Resources and Development Committee on the Roxby Downs Water Leakage, be noted.

Debate ensued.

Question put and passed.

 

4    Referendum (Water Supply and Sewerage Systems) Bill

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

Debate ensued.

     Question put.

     House divided (No 1):

 


           Ayes, 9.

 

Mr Atkinson

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Ms Stevens

Ms White

Mr Clarke (Teller)


   Noes, 26.

 

Hon H Allison

Mr Andrew

Hon E S Ashenden

Mr D S Baker

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Buckby

Mr Caudell

Mr Cummins

Mrs Greig

Mrs Hall

Hon G A Ingerson

Mrs Kotz

Mr Lewis

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Mr Meier (Teller)


     So it passed in the negative.

 

5    Workers Rehabilitation and Compensation (Mental Incapacity) 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.

     Question put.

     House divided (No 2):

 


           Ayes, 9.

 

Mr Atkinson

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Ms Stevens

Ms White

Mr Clarke (Teller)


   Noes, 24.

 

Hon H Allison

Mr Andrew

Hon E S Ashenden

Mr D S Baker

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Cummins

Mrs Greig

Mrs Hall

Hon G A Ingerson

Mr Lewis

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Mr Meier (Teller)


 

     So it passed in the negative.

 

6    Great Australian Bight Marine Sanctuary Bill

Order of the Day read for the second reading of this Bill.

Ms Hurley moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Hall, that the debate be adjourned until Thursday 30 May.

 

7    Education (Basic Skills Testing) Amendment Bill

Order of the Day read for the second reading of this Bill.

Ms White moved - That this Bill be now read a second time.

Ordered, on motion of Mr Brindal, that the debate be adjourned until Thursday 30 May.

 

8    Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 5 be an Order of the Day for Thursday 30 May.

 

9    Postponement of business

Ordered - That Notice of Motion: Other Motions No 1 be a Notice of Motion for Thursday 30 May.

 

10   Glendi Festival - Motion re

Mr Brindal, pursuant to notice, moved - That this House congratulates Mr Tom Vartzokas and the organising committee of the 19th Glendi Festival in Adelaide, acknowledges the debt of all South Australians to those of Greek origin who have enriched our community by their endeavour in all walks of life and with their culture and expresses its gratitude and appreciation to Mr Vartzokas for 16 years of close association with Glendi and wishes him and future committees continued success.

     Debate ensued.

 

11   Postponement of business

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

 

12   Glendi Festival - Motion re

     Debate (interrupted by calling on Orders of the Day: Other Motions) resumed.

     Question put and passed.

 

13   Postponement of business

Ordered - That Notice of Motion:  Other Motions No 3 be a Notice of Motion for Thursday 30 May.

 

14   World Bowls Championship - Motion re

Mr Becker, pursuant to notice, moved - That this House congratulates the Government, Australian Major Events, Australian Sports Commission, Bowls Australia, Royal South Australian Bowls Association, Lockleys Bowling Club and Australian Broadcasting Commission on their support, sponsorship, management organisation and broadcasting of the highly acclaimed and most successful Sensational Adelaide World Bowls Championships held at Lockleys Bowling Club from 18 to 31 March.

     Debate ensued.

     Question put and passed.

 

15   Paper

     The following Paper was tabled:

 

     By the Minister for Tourism (Hon G A Ingerson) -

        Australian Formula One Grand Prix - Audited Statutory Accounts, December 1995.

 

16   Questions

     Questions without notice were asked.

Ordered - That the period for asking questions without notice be extended by three minutes.

     Questions without notice resumed.

 

17   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

18   Message from the Legislative Council

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

 

     Statutes Amendment (Community Titles) Amendment  Bill         Message No 111

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Statutes Amendment (Community Titles) Bill, without any amendment.

     Legislative Council, 11 April 1996                H P K Dunn, PRESIDENT

 

19   Bank Merger (BankSA and Advance Bank) Amendment  Bill

The Treasurer (Hon S J Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act for to provide for the merger of the Bank of South Australia with Advance Bank; 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 Atkinson, that the debate be adjourned until Tuesday 28 May.

 


20   Next day of sitting

The Deputy Premier (Hon S J Baker) moved - That the House at its rising adjourn until Tuesday 28 May at 2.00 pm.

     Question put and passed.

 

21   Wills (Effect of Termination of Marriage) Amendment Bill

     Order of the Day read for the second reading of this Bill.

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

     Ordered, on motion of Mr Atkinson, that the debate be adjourned and resumed on motion.

 

22   Statutes Amendment (Mediation, Arbitration and Referral) Bill

     Order of the Day read for the second reading of this Bill.

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

     Ordered, on motion of Mr Atkinson, that the debate be adjourned and resumed on motion.

 

23   Witness Protection Bill

     Order of the Day read for the consideration of the amendments of the Legislative Council.

 

In Committee

     Resolved - That the amendments be agreed to.

____________

 

Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to same without amendment.

 

24   Postponement of business

Ordered - That Order of the Day: Government Business No 4 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

25   Education (Teaching Service) 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.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

26   Competition Policy Reform (South Australia) Bill

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

Debate resumed.

Ordered, on motion of Mr Clarke, that the debate be further adjourned until Tuesday 28 May.

 

27   Country Fires (Audit Requirements) 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.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 


28   Suspension and resumption of sitting

     At 5.19 pm the sitting of the House was suspended.

     At 8.48 pm the Speaker resumed the Chair.

 

29   Fruit and Plant Protection (Enforcement) 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.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

30   Messages from the Legislative Council

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

 

     Correctional Services (Miscellaneous) Amendment Bill          Message No 112

     MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to     amend the Correctional Services Act 1982, with the amendments indicated by the annexed                       Schedule, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 11 April 1996                H P K Dunn, PRESIDENT

 

     Schedule of the amendments made by the Legislative Council

 

No 1  Page 2, lines 27 to 32 (clause 6) - Leave out all words in these lines and insert the following:

      “Maximum penalty:  Imprisonment for 6 months.”

No 2  Page 2 (clause 6) - After line 32 insert new paragraph as follows:-

      “(c)    by inserting after its present contents (now to be designated subsection (1)) the following subsection:

      (2)  It is a defence to a charge of an offence of introducing into a correctional institution without the permission of the manager an item prohibited by the regulations if the defendant proves that he or she had reasonable grounds for being in possession of the item and at no time had any intention of parting with possession of it while within the institution.”

No 3  Page 3, line 26 (clause 8) - After “the person” insert “cannot be required to remove his or her clothing but”.

No 4  Page 3, line 28 (clause 8) - Leave out subparagraph (ii) and insert new subparagraphs as follow:-

      “(ii) to adopt certain postures; or

      (iia) to submit to being frisked; or”.

No 5  Page 4, lines 3 and 4 (clause 8) - Leave out paragraph (e).

No 6  Page 4, line 15 (clause 8) - After “the person or driver to be” insert “further”.

No 7  Page 4 (clause 8) - After line 19 insert new subsections as follow:-

      “(6)  If no item prohibited by the regulations is found on a person as a result of a search carried out under this section but the officer who carried out the search suspects on reasonable grounds that such an item may be concealed on or in the person’s body, the manager may cause the person to be further detained and handed over into the custody of a member of the police force as soon as reasonably practicable.

      (7)  If a person is detained pursuant to subsection (5) or (6), the manager must forthwith cause a member of the police force to be notified of that fact.

      (8)  The annual report to be submitted under this Act by the Chief Executive Officer in respect of each financial year must include the following information:

         (a)  the number of persons detained under subsection (5) in consequence of searches carried out under this section during the relevant year; and

         (b)  the number of persons detained under subsection (6) in consequence of such a search; and

         (c)  the duration of all detentions effected under those subsections.”

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

     Resolved - That the amendments be agreed to.

____________

 

     The House having resumed:

Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

     Public and Environmental Health (Notification of Diseases) Amendment Bill Message No 113

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Public and Environmental Services Act 1982, with the amendments indicated by the annexed Schedule, to which amendments it desires the concurrence of the House of Assembly.

     Legislative Council, 11 April 1996                H P K Dunn, PRESIDENT

 

     Schedule of the amendments made by the Legislative Council

 

No 1  Page 1 - After line 13 insert new clause as follows:-

           1a. Commencement This Act will come into operation on a day to be fixed by proclamation.”

No2   Page 1, lines 16 to 18 (clause 2) - Leave out paragraph (a)  and insert new paragraph as follows:-

      ‘(a)  by striking out from subsection (1) “becomes aware that a person is suffering from a notifiable disease or has died from a notifiable disease the medical practitioner -” and substituting “or person of a class prescribed by regulation suspects that a person is suffering from or has died from a notifiable disease, the medical practitioner or person of a prescribed class -”;’

No 3  Page 1, line 22 (clause 2) - After “subsection (4)” insert -

      “and substituting the following subsection:

      (4)  A medical practitioner (other than a person of a class prescribed by regulation) who suspects that a person is suffering from a notifiable disease is not required to make a report under subsection (1) with respect to that case if the practitioner knows or reasonably believes that a report has already been made to the Commission by another medical practitioner who is or who has been responsible for the treatment of that person.”

No 4  Page 1 (clause 2) - After line 22 insert new paragraphs as follow:-

      ‘(d)  by inserting in subsection (5) “or person of a class prescribed by regulation” after “A medical practitioner”;

      (e)     by striking out subsection (7).’

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

     Resolved - That the amendments be agreed to.

____________

 

     The House having resumed:

Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

     Workers Rehabilitation and Compensation (Dispute Resolution)

        Amendment Bill                                       Message No 114

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Workers Rehabilitation and Compensation Act 1986 and the Workers Rehabilitation and Compensation (Dispute Resolution) Amendment Act 1995, without any amendment.

     Legislative Council, 11 April 1996                H P K Dunn, PRESIDENT

 

31   Suspension and resumption of sitting

     At 10.28 pm the sitting of the House was suspended.

     At 11.55 pm the Speaker resumed the Chair.

 

32   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.

 

33   Suspension and resumption of sitting

     At 11.56 pm the sitting of the House was suspended.

____________

 

It being Midnight

 

FRIDAY 12 APRIL 1996

____________

 

     At 1.29 am the Speaker resumed the Chair.

 

34   Message from the Legislative Council

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

 

     South Australian Timber Corporation (Sale of Assets) Amendment Bill Message No 115

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the privatisation of the South Australian Timber Corporation; to amend the South Australian Timber Corporation Act 1979; and for other purposes without any amendment.

     Legislative Council, 11 April 1996                H P K Dunn, PRESIDENT

 

35   Adjournment

     House adjourned at 1.34 am until Tuesday 28 May at 2.00 pm.

 

____________

 

Present during the day - All Members except Mr Leggett, Mr Quirke, Mrs Rosenberg and Mr Rossi.

 


The following Pairs were handed in at the Table during the day of the proceedings.

 

Division No.1 -

   Ayes - Hon M D Rann and Mr Quirke

   Noes - Hon R G Kerin and Mrs Rosenberg

 

Division No.2 -

   Ayes - Hon M D Rann and Mr Quirke

   Noe - Hon R G Kerin and Hon D C Brown

 

 

 

 

 

                                                  G M Gunn

                                                  SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY