No 38

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 23 MARCH 2004

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) 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 15

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the third Session of the 50th Parliament, viz.-

No 1 of 2004 -           An Act to establish a statutory corporation, Zero Waste SA, with the function of reforming waste management in the State; to amend the Environment Protection Act 1993; and for other purposes.

No 2 of 2004 -           An Act to amend the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.

No 3 of 2004 -           An Act to amend the Liquor Licensing Act 1997.

No 4 of 2004 -           An Act to amend the Summary Offences Act 1953.

         Government House, 23 March 2004                                    M Jackson-Nelson, GOVERNOR

 

3       Distinguished visitors

The Speaker, on behalf of the House welcomed distinguished visitors in the gallery, in the person of Mrs Sitti Nurhajati Daud, Secretary-General of the House of Representatives of the Republic of Indonesia and her officers.

 

4       Speaker's Statement – 50th Anniversary of the Queen’s Opening of the Thirty Fourth Parliament

The Speaker made the following statement:

 

I rise to draw attention of this House to the fact that this day, 23rd March 2004, represents the Fiftieth Anniversary of the occasion of Opening of the Second Session of the Thirty-Fourth Parliament by Her Majesty The Queen.

 

I understand that this occasion was considered of major significance at the time by the people of South Australia. The President of the Legislative Council has arranged a small exhibition of photographs and documents which may be of interest to Members which is mounted in the corridor outside his office.  Legislative Council Standing Orders were amended to provide for the 1954 Opening by our Sovereign, as well as to provide for the position of Usher of the Black Rod who is the escort in the Upper House of the Sovereign or the Sovereign’s representative. Apparently Members had to vacate certain offices to enable the Royal administration to assist with the organisation.  Special carpet was commissioned for the front steps and the Table in the Legislative Council was removed to enable a dais to be placed in position below the Chair in which Her Majesty was seated.

 

Her Majesty noted on the occasion, in her Opening Speech, that “It is now 97 years since your citizens first enjoyed the benefits and privileges of responsible Government. During that time, you and your predecessors have faithfully maintained the traditions, the spirit and the practices which you inherited from the Mother of Parliaments at Westminster”. 

 

I am happy to be able to now report to the Assembly that those traditions have been faithfully maintained for the last 50 years. We continue to enjoy the security and prosperity of a system which has delivered to South Australia a stable Government in a peaceful and law abiding community.

 

To mark the importance of the occasion, I would like the Assembly to join with me in adopting a draft Address to Her Majesty to be forwarded through Her Excellency The Governor and which I will now read -

 

“To The Queen ‘s Most Excellent Majesty:

 

May it Please Your Majesty:

 

We, the Members of the House of Assembly, desire to convey to Your Majesty our allegiance on the occasion of the Fiftieth Anniversary of the Visit by Your Majesty and His Royal Highness The Prince Philip, Duke of Edinburgh, to South Australia and of the Opening of the Parliament of South Australia by Your Most Gracious Majesty.

 

Your Majesty’s Visit was an occasion for great rejoicing and is fondly remembered by the people of South Australia to this day.

 

We take this opportunity of reaffirming our loyalty and devotion to the Throne and Person of Your Majesty.”

 

Hon G M Gunn moved – That the draft Address to Her Majesty as read to the House by the Speaker be adopted.

Debate ensued.

Question put and passed.

 

5        Death of Hon R K Abbott

The Premier (Hon M D Rann), by leave, moved - That the House of Assembly expresses its deep regret at the death of Hon R K Abbott, Member of the House and former Minister of the Crown and places on record its appreciation of his long and meritorious service; and as a mark of respect to his memory, the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition (Hon R G Kerin), Attorney-General (Hon M J Atkinson), Deputy Leader of the Opposition (Hon D C Brown), Minister for Environment and Conservation (Hon J D Hill), Mr Meier, Minister for Administrative Services (Hon M J Wright), Hon I F Evans, Ms Thompson and the Speaker:

Motion carried in silence; Members rising in their places.

 

6       Suspension and resumption

At 2.58 pm the sitting of the House was suspended.

At 3.10 pm the Speaker resumed the Chair.

 

7       Petitions Nos 51 to 54

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

 

51   Minister for Agriculture, Food and Fisheries (Hon R J McEwen), from 4851 residents of South Australia, requesting the House to urge the Government to revise the reduction in road speed limits to allow for 50 kph on residential streets; 60 kph on access and arterial roads; no reduction on present speed limits on highways and enable a reasonable tolerance in the enforcement of the speed limits, depending on road conditions.

 

52   Hon M R Buckby, from 63 residents of South Australia, requesting the House to urge the Government to continue to recruit extra police officers, over and above recruitment at attrition, in order to increase police officer numbers.

 

53   Mr Scalzi, from 26 residents of South Australia, requesting the House to urge the Government to maintain the Repatriation General Hospital as an independent hospital, to serve the particular needs of veterans and for the Hospital to retain its Board and receive its funding directly from the Minister for Health.

 

54   Mr Scalzi, from 25 residents of South Australia, requesting the House to reject Voluntary Euthanasia legislation; ensure all hospital medical staff receive proper palliative care training and provide adequate funding of palliative care procedures for all terminally ill patients.

 

8       Answers to questions

An answer to a question on the Notice Paper No 254 and a question without notice were tabled by the Speaker.

 

9       Papers

         The following Papers were tabled:

 

By the Minister for the Arts (Hon M D Rann) –

      JamFactory Contemporary Craft and Design Inc. – Report 2002-2003

 

By the Minister for Police (Hon K O Foley) –

      Regulations under the following Act –

                     Police – Medical Assistance for Prisoners

 

By the Attorney-General (Hon M J Atkinson) –

      Rules of Court –

                     Supreme Court – e-filing

 

By the Minister for Health (Hon L Stevens) –

      Abortions Notified in South Australia for the year 2002 - Addendum

 

By the Minister for Transport (Hon P L White) –

      Regulations under the following Act –

                  Road Traffic – Testing of Photographic Detection Devices

 

By the Minister for Gambling (Hon M J Wright) –

      Rules –

                  Authorised Betting Operations – 24hr Sports-betting Licence

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Department of Human Services, Family and Youth Services Workload Analysis Project Report

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Regulations under the following Act –

                     Wine Grapes Industry – Production Area.

 

10      Environment Resources and Development Committee - Report – Wind Farms

Ms Breuer brought up the 51st Report of the Committee on Wind Farms.

Report received.

Ordered to be published (Paper No 203).

 

11      Questions

Questions without notice were asked.

 

 

12      Grievance debate

On motion of the Speaker, the House noted grievances.

 

13      Suspension of Standing Orders

The Attorney-General, without notice, moved - That Standing Orders be so far suspended as to enable the Select Committee on the Juvenile Justice System to authorise the disclosure or publication as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the House.

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

 

14      Medical Practice Bill

The Minister for Health, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to protect the health and safety of the public by providing for the registration of medical practicioners and medical students; to regulate the provision of medical treatment for the purpose of maintaining high standards of competence and conduct by the persons who provide it, to repeal the Medical Practitioners Act 1983; 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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

15      Select Committee on the Statutes Amendment (Co-managed Parks) Bill

Order of the Day read for the Report of the Select Committee on the Statutes Amendment (Co-managed Parks) Bill to be brought up.

The Minister for Environment and Conservation (Hon J D Hill) brought up the Report (Paper No 204), recommending no amendment to the Bill together with Minutes of Proceedings and Evidence.

Report and Minutes of Proceedings received.

 

The Speaker left the Chair and the House resolved itself into a Committee of the whole.

 

In Committee

Clause No 1 agreed to.

Clause No 2 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Dr McFetridge 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.

 

16      Natural Resources Management 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 Hon I F Evans, by leave, that the debate be further adjourned and resumed on motion.

 

17      Suspension and resumption of sitting

         At 5.58 pm the sitting of the House was suspended.

         At 7.30 pm the Speaker resumed the Chair.

 

18      Messages from the Legislative Council

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

 

         Problem Gambling Family Protection Orders Bill

                                                                                                            Message No 45

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to allow orders to be made for the protection of family members from serious harm resulting from problem gambling; to make a related amendment to the Domestic Violence Act 1994; 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, 23 March 2004                        R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No. 1.

Clause 4, page 3, lines 22 to 26—

Delete subclause (2) and substitute:

               (2)     For the purposes of this Act, the respondent is to be regarded as having caused serious harm to family members because of problem gambling if the respondent—

(a)    has engaged in gambling activities irresponsibly having regard to the needs and welfare of the respondent's family members; and

(b)    has done so repeatedly over a period of not less than 3 months or in a particularly irresponsible manner over a lesser period.

 

No. 2.

Clause 4, page 3, lines 32 and 33—

Delete "pattern of behaviour will continue" and substitute:

irresponsible gambling behaviour will continue or recur

 

No. 3.

New clause, page 10, after line 20—

Insert:

18—Report to Parliament

               (1)     The Minister must, at least annually, cause a report to be laid before each House of Parliament on the operation and effectiveness of this Act.

               (2)      The Secretary must assist the Minister in the preparation of each report.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

19      Natural Resources Management Bill

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

Debate resumed.

 

20      Extension of time for adjournment

The Minister for Environment and Conservation moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

21      Natural Resources Management Bill

         Debate (interrupted by the foregoing) resumed.

 

____________

 

It being Midnight, the debate was adjourned (Hon G M Gunn, by leave).

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22      Adjournment

At midnight the Speaker adjourned the House until tomorrow at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

            For Wednesday 24 March 2004

 

Notice of Motion:  Government Business -

 

The Treasurer to move – That he have leave to introduce a Bill for an Act to amend the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

 

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

 

Mr Caica to move – That the Two Hundred and First Report of the Public Works Committee on the Murray Bridge Soldiers Memorial Hospital Redevelopment, be noted.

 

Ms Breuer to move – That the Fifty First Report of the Environment, Resources and Development Committee entitled Windfarms, be noted.

 

            For Thursday 25 March 2004

 

Notice of Motion:  Other Motions -

 

Mr Scalzi to move – That this House urges the Prime Minister and the Federal Opposition Leader to support the established definition of marriage as being between a man and a women, and reject any attempt to extend this definition to include same sex couples.

 

            For Wednesday 31 March 2004

 

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

 

Mr Brindal to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935; and for other purposes.

 

            For Thursday 1 April 2004

 

Notice of Motion:  Other Motions -

 

Hon D C Kotz to move – That this House notes the outstanding success of the Adelaide United Soccer Club throughout the season and congratulates the team on their recent semi final victory over South Melbourne and extends our good wishes and luck for the preliminary final against Perth.

 

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Present during the day - All Members except Hon R B Such.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY