No 37

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 18 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       Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 22

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, viz –

No 40 of 1998 - An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 1999 and for other purposes.

No 41 of 1998 – An Act to amend the Criminal Law (Sentencing) Act 1988, the Summary Procedure Act 1921 and the Young Offenders Act 1993.

         Government House, 18 August 1998                                               E J Neal, GOVERNOR

 

3       Conference – Valuation of Land (Miscellaneous) Amendment Bill

The Minister for Administrative Services (Hon W A Matthew) reported as follows:

I have to report that the Managers have been at the Conference on the Valuation of Land (Miscellaneous) Amendment Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon K T Griffin), Hon J S L Dawkins, Hon I Gilfillan, Hon P Holloway and Hon C Zollo 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 its amendment but makes the following alternative, additional and consequential amendments in lieu thereof:-

 

Alternative Amendment

      Clause 3, page 1, after line 23 -- Insert paragraph as follows:

 

      (c)  by striking out from subsection (4) "Institute of Valuers Incorporated" and substituting "Property Institute Incorporated or a body prescribed by regulation and has practised as a land valuer (whether in the service of the Government or privately) for a period (whether continuous or in aggregate) of at least five years".


Additional Amendment

            New clause, page 1, before line 24 -- Insert new clause as follows:-

 

      Insertion of s.6A

            3A. The following section is inserted after section 6 of the principal Act:

 

      Independence of Valuer-General

            6A. The Valuer-General will, in valuing any land or performing any statutory function as Valuer-General, exercise an independent judgement and not be subject to direction from any person.

 

Consequential Amendment -

 

            Schedule, page 6, line 17 -- Leave out the item:

 

      Section 6(4)                      Insert "and Land Economists" after "Australian Institute of Valuers".

 

      Schedule, page 9, line 4 -- Leave out 'Insert "and Land Economists" after "Australian Institute of Valuers"' and insert 'Strike out "Institute of Valuers (S.A. Division)" and substitute "Property Institute"'.

 

and that the House of Assembly agree thereto.

 

As to Amendment No 2 -

That the Legislative Council do not further insist on its amendment but makes the following amendments in lieu thereof:-

 

            Clause 5, page 2, line 4 -- Leave out "not exceeding" and insert "of".

 

            Clause 5, page 2, line 6 -- Leave out "not exceeding" and insert "of".

 

and that the House of Assembly agree thereto.

 

As to Amendment No 3 -

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

 

As to Amendment No 4 -

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

 

4       Conference - Police Bill

The Minister for Police, Correctional Services and Emergency Services (Hon I F Evans) reported as follows:

I have to report that the Managers have been at the Conference on the Police Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon K T Griffin), Hon I Gilfillan, Hon P Holloway, Hon A J Redford and Hon C Zollo 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 2 -

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

 

As to Amendment No 3 -

That the Legislative Council amend its amendment by leaving out “paragraphs (c) and (d)” and inserting “paragraph (d)”.

 

And that the House of Assembly agree thereto.

 

As to Amendment No 4 -

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

 

As to Amendment Nos 5  -

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

 

As to Amendment No 6 –

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

 

As to Amendment No 7 -

That the Legislative Council amend its amendment by leaving out proposed new subclause (5)

 

and that the House of Assembly agree thereto.

 

As to Amendments Nos 8 to 11 –

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

 

As to Amendment No 12 –

That the Legislative Council amend its amendment by leaving out proposed new subclause (3) and inserting:

 

(3) The term of an appointment under this section may not be extended so that it exceeds five years and a person may not be reappointed under this section so that the terms in aggregate exceed five years.

 

and that the House of Assembly agree thereto.

 

As to Amendment No 13 –

That the Legislative Council no longer insist on its amendment but make the following alternative amendment:

 

Page 11, lines 21 and 22 (clause 27)—Leave out subclause (1) and insert:

 

            (1) Subject to this section, a person's appointment to a position in S.A. Police will be on probation for a period determined by the Commissioner not exceeding—

 

                  (a)           in the case of a person who, immediately before appointment, was not a member of S.A. Police—two years; or

 

                  (b)           in any other case – one year.

 

And that the House of Assembly agree thereto.


 

As to Amendment No 14 –

That the Legislative Council do not further insist on its amendment but make the following alternative amendment:

        

         Page 11, lines 34 and 35 (clause 27)—Leave out "two years" and insert:

 

                    the maximum period allowed in relation to the person under subsection (1)

 

and that the House of Assembly agree thereto.

 

As to Amendment No 15 –

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

 

As to Amendments Nos 16 and 17 –

That the Legislative Council do not further insist on its amendments but make the following alternative amendment:

 

Page 12, lines 17 to 22 (clause 29)—Leave out "must not resign or relinquish official duties unless the member—" and all words in lines 18 to 22 and insert:

 

            may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).

 

            (2) A member of S.A. Police (other than the Commissioner, the Deputy Commissioner or an Assistant Commissioner) must not relinquish official duties unless the member—

 

            (a)  is expressly authorised in writing by the Commissioner to do so; or

 

            (b)  is incapacitated by physical or mental disability or illness from performing official duties.

 

            Maximum penalty:$1 250 or three months imprisonment.

 

and that the House of Assembly agree thereto.

 

As to Amendments Nos 18 and 19 –

That the Legislative Council do not further insist on its amendments but make the following alternative amendment:

 

Page 14, lines 11 to 16 (clause 35)—Leave out "must not resign or relinquish official duties unless the police cadet—" and all words in lines 12 to 16 and insert:

 

            may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).

 

         (2) A police cadet must not relinquish official duties unless the police cadet—

 

            (a)  is expressly authorised in writing by the Commissioner to do so; or

 

            (b)  is incapacitated by physical or mental disability or illness from performing official duties.

 

Maximum penalty:$1 250 or three months imprisonment.

 

and that the House of Assembly agree thereto.

 

As to Amendment No 20 –

That the Legislative Council no longer insist on its amendment but make the following alternative amendment:

        

         Page 18, line 5 (clause 42)—After "seniority" insert:

 

            or, without the member's consent, relocation to a place beyond reasonable commuting distance from the member's current place of employment

 

and that the House of Assembly agree thereto.

 

As to Amendment No 21 –

That the Legislative Council do not further insist on its amendment but make the following alternative amendment:

        

         Page 18 (clause 43)—After line 24 insert the following:

 

             (3a) The member to whom an application for review under this section must be made—

 

                    (a)         must be the occupant of a position specified in the regulations or determined according to factors specified in the regulations;

 

                    (b)        must not be selected according to the discretion of the Commissioner or any other person;

 

                    (c)                       must not have been involved in the informal inquiry or investigations leading up to the informal inquiry.

 

and that the House of Assembly agree thereto.

 

As to Amendment No 22 -

That the Legislative Council amend its amendment by leaving out “permanent” and inserting “for an indefinite period”.

 

and that the House of Assembly agree thereto.

 

As to Amendments Nos 23 to 25 –

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

      

As to Amendments Nos 28 and 29 –

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


 

As to Amendments Nos 30 and 31 –

That the House of Assembly do not further insist on its disagreement and the Legislative Council make the following additional amendment:

        

         Page 23 (clause 53)—Before line 22 insert the following:

 

            (2) In proceedings on an application for a review of a selection decision under this Division—

 

                  (a)           no evidence may be given or submissions made as to the qualifications or merits of an applicant for the position other than by a party to the proceedings or representative of a party to the proceedings; and

 

                  (b)           no documentary material may be produced as evidence of the qualifications or merits of an applicant for the position other than material that was made available to the panel of persons who made the selection decision.

 

and that the House of Assembly agree thereto.

 

As to Amendment No 32 –

That the Legislative Council amend its amendment by inserting after proposed new section 54 the following:

 

            (2) The Tribunal must hear and determine an application for a review of a selection decision under this Division within the period prescribed by regulation.

 

and that the House of Assembly agree thereto.

 

As to Amendment No 33 –

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

 

As to Amendment No 34 –

That the Legislative Council do not further insist on its amendment but make the following alternative amendment:

        

         Page 25—After line 2, insert new clause as follows:

 

Appointment and promotion procedures

60A.  Members of S.A. Police, police cadets and police medical officers must be appointed and promoted in accordance with the procedures prescribed by the regulations.

 

And that the House of Assembly agree thereto.

 

As to Amendment No 35 -

That the Legislative Council amend its amendment by leaving out “two” and inserting “three”.

 

and that the House of Assembly agree thereto.


 

5       Petitions Nos 84 and 85

         The Clerk announced that the following Members had lodged Petitions for presentation:

 

84   The Minister for Government Enterprises (Hon M H Armitage), from 680 resident of South Australia, requesting that the House urge the Government to declare Victoria Square and its immediate precincts a dry zone and to provide adequate funding for appropriate support services.

 

85   Mr Meier, from 54 residents of South Australia, requesting that the House urge the Government to amend the Criminal Law (Sentencing) Act to take into account the safety of the community when sentencing convicted criminals and releasing persons under sentence of indeterminate duration.

 

6       Answers to questions

Answers to questions on the Notice Paper Nos 166 and 198 and questions without notice were tabled by the Speaker.

 

7       Papers

         The following Papers were tabled:

 

          By the Deputy Premier (Hon R G Kerin) representing the Minister for Industry, Trade

          and Tourism (Hon J W Olsen) -

               District Councils - By-Laws -

                     Mid Murray -

                           No 11 - Permits and Penalties

                           No 12 - Council Land

                           No 13 - Moveable Signs

                           No 14 - Flammable Undergrowth

                           No 15 - Caravans

                           No 16 - Straying Stock

                     Port Pirie City & Districts -

                           No 1 - Permits and Penalties

                           No 2 - Moveable Signs

                           No 3 - Council Land

                           No 4 - Flammable Undergrowth

                           No 5 - Dogs

                           No 6 - Bees

                           No 7 - Animals and Birds

                           No 8 - Taxis

 

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

               Ministerial Statements –

                     Passenger Transport Act Review

                     Springwood Park Development

               Passenger Transport Act, Review of - June 1998

               Regulations under the following Acts -

                     Motor Vehicles -

                           Accident Towing Roster

                           Trade Plates

                   Road Traffic -

                         Clearways - Henley Beach Road

                         Prohibition on Fishing from Bridge


 

          By the Minister for Government Enterprises  -

               Evidence Act - Report relating to Suppression Orders, 1997-98

               Liquor Licensing Act - Regulations - Dry Areas - Long Term – Various

               Ministerial Statement – Police Complaints Authority Review

               Rules of Court - District Court - District Court Act - Obtaining Evidence Interstate

               Supreme Court, Judges of - Report, 1997

         

          By the Minister for Education, Children’s Services and Training (Hon M R Buckby) -

               Regulations under the following Acts -

                     Education - Non Government Schools Registration

                     Financial Institutions Duty - Principal

 

          By the Minister for Police, Correctional Services and Emergency Services –

               Prostitution in South Australia – Report, May 1998.

 

8        Public Works Committee - Report – Botanic, Wine and Rose Development

Mr Lewis brought up the Seventy-Sixth Report of the Committee on the Botanic, Wine and Rose Development .

         Report received.

 

         Ordered to be printed (Paper No 209).

 

9       Legislative Review Committee - Reports – Eighteenth and Nineteenth

Mr Condous brought up the Eighteenth 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:

      Public Corporations Act 1993 – Regulations – Funds SA Subsidiary Holding.

 

         Mr Condous brought up the Nineteenth Report of the Committee.

         Report received.

 

10      Questions

         Questions without notice were asked.

 

11      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.


 

12      Suspension of Sessional and Standing Orders

The Deputy Premier, without notice, moved - That Sessional and Standing Orders be so far suspended as to enable the timetable for Private Members Business adopted on 3 December 1997 to be amended by leaving out paragraphs (i) and (ii) and inserting in lieu thereof;

            (i)            10.30 am – 12.00 noon – Bills, motions with respect to Committees (except reports of Standing Committees) and motions for disallowance of regulations;

            (ii)            12.00 noon – 1.00 pm – Other Motions; and

            (iii)           after Grievance Debate on Wednesdays for one hour – motions relating to Standing Committees Reports;

 

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

 

13      Messages from the Legislative Council

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

 

         Conference – Police Bill                                                             Message No 95

MR SPEAKER – The Legislative Council, having considered the recommendations from the Conference on the Police Bill, has agreed to the same. The Bill is returned herewith.

         Legislative Council, 13 August 1998                                                J C Irwin, PRESIDENT

 

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

 

         Valuation of Land (Miscellaneous) Amendment Bill                   Message No 96

MR SPEAKER – The Legislative Council, having considered the recommendations from the Conference on the Valuation of Land (Miscellaneous) Amendment Bill, has agreed to the same. The Bill is returned herewith.

         Legislative Council, 13 August 1998                                                J C Irwin, PRESIDENT

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

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

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the recommendations from the Conference and had agreed to the same.

 


 

14      Conference – Police Bill

Ordered - That the Message from the Legislative Council on the Police Bill be now taken into consideration.

 

In Committee

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

 

____________

        

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the recommendations from the Conference and had agreed to the same.

 

15      Message from the Legislative Council

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

 

         Statutes Amendment (Motor Accidents) Bill                                Message No 97

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Motor Vehicles Act 1959 and the Wrongs Act 1936, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 13 August 1998                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

The Minister for Local Government (Hon M K Brindal) moved - That this Bill be now read a second time.

         Ordered, on motion of Ms Hurley, that the debate be adjourned until tomorrow.

 

16      Southern State Superannuation (Merger of Schemes) 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.

 

In Committee

                                                Clauses Nos 1 to 33 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.

 

Bill read a third time and passed.


 

17      National Parks and Wildlife (Bookmark Biosphere Trust) 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.

 

In Committee

                                                Clauses Nos 1 to 4 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.

 

Bill read a third time and passed.

 

18      Primary Industry Funding Schemes 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

                                                Clauses Nos 1 to 3 agreed to.

                                                Clause No 4 amended and agreed to.

                                                Clauses Nos 5 and 6 agreed to.

                                                Clause No 7 amended and agreed to.

                                                Clauses Nos 8 to 16 agreed to.

                                                Schedule agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Mr Scalzi 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.


 

19      Suspension of Standing Orders

The Minister for Education, Children’s Services and Training, without notice, moved - That Standing Orders be so far suspended as to enable him to move forthwith for the rescission of an Order of the House made this day.

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 Order

The Minister then moved – That the Order of the House on the question – That the adjourned debate on the second reading of the Statutes Amendment (Motor Accidents) Bill be made an Order of the Day for tomorrow - be rescinded.

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

 

20      Statutes Amendment (Motor Accidents) Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clause No 1 agreed to

                                                Clause No 2 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon D C Wotton 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 tomorrow.

 

21      Messages from the Legislative Council

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

 

         Statutes Amendment (Fine Enforcement) Bill                             Message No 98

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Correctional Services Act 1982; the Courts Administration Act 1993; the Criminal Injuries Compensation Act 1978; the Criminal Law (Sentencing) Act 1988; the Expiation of Offences Act 1996; the Magistrates Court Act 1991; the Motor Vehicles Act 1959; the Summary Procedure Act 1921; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 18 August 1998                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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


 

         Retail and Commercial Leases (Term of Lease and Renewal)

         Amendment Bill                                                                          Message No 99

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Retail and Commercial Leases Act 1995, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 18 August 1998                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 

22      Extension of sitting

The Minister for Education, Children’s Services and Training moved - That the sitting of the House be extended beyond 6.00pm.

Question put and passed.

 

23      Adjournment

The Minister for Education, Children’s Services and Training moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

         House adjourned at 6.18 pm until tomorrow at 2.00 pm.

 

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Thursday 20 August 1998

 

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

 

Mr Condous to move – That the Regulations under the Public Corporations Act 1993 relating to Funds SA Subsidiary Holding, made on 18 June 1998 and laid on the Table of this House on 21 July 1998, be disallowed.

 

Notice of Motion: Standing Committee Reports -

 

Mr Lewis to move – That the Seventy-Sixth Report of the Public Works Committee on the Botanic, Wine and Rose Development  be noted.

 

____________

 

 

         Present during the day - All Members except Hon J L Hall and Hon J W Olsen.

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY