No 38

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 2 MARCH 2005

 

 

1       Meeting of House

The House met pursuant to adjournment.

 

2       Absence of Speaker

The Clerk informed the House of the absence of the Speaker.

Hon R B Such (Chairman of Committees) took the chair as Deputy Speaker.

 

3       Prayers

The Deputy Speaker read prayers.

 

4        Matter of Privilege

Ms Rankine raised as a matter of privilege the possible misleading of the House by Mr Brokenshire, in that the information he conveyed to the House on 13 May 2002 was subsequently contradicted in the Report of the Auditor General tabled on 16 February 2005 into the 2001-02 proposal concerning the establishment of an ambulance station at McLaren Vale.

The Deputy Speaker advised the House that he would refer the matter to the Speaker for his consideration.

 

5       Economic and Finance Committee - Report – Annual Report 2003 - 2004

Ms Thompson brought up the 51st Report of the Committee being the Annual Report 2003 – 2004.

Report received.

Ordered to be published (Paper No 190).

 

6       Legislative Review Committee - Reports – Fifteenth and Sixteenth

 

Fifteenth Report

Mr Hanna brought up the 15th Report of the Committee.

Report received.

 

Sixteenth Report

Mr Hanna brought up the 16th 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 a Notice 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 further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

 

Regulations referred to:

Superannuation Act 1998 –

      Commutations

      Julia Farr Services

Police Superannuation Act 1990 – Salary.

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be postponed until 9 March.

 

10      Liquor Licensing (Retail Sales) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1997.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Hanna moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Meier, that the debate be adjourned until 6 April.

 

11      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 3 and 4 be postponed until 9 March.

 

12      Victims of Crime Act 2001 – Regulations – Statutory Compensation – Motion to disallow

         Mr Hanna, pursuant to notice, moved - That the Regulations made under the Victims of Crime Act 2001 entitled Statutory Compensation, made on 21 October and laid on the Table of this House on 26 October, be disallowed.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until 9 March.

 

13      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 7 and 8 be postponed until 9 March.

 

14      Education Ombudsman Bill

Ms Chapman, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

Question put and passed.

         Bill presented and read a first time.

 

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

 

         Deputy Speaker's Statement

The Deputy Speaker advised the House that, as the Education Ombudsman Bill introduced by Ms Chapman was not the Bill for which she had given notice and that it appeared to contain an appropriation, he would refer the matter to the Speaker for his consideration regarding withdrawal of it.

 

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until 9 March.

 

15      Road Traffic (Drug Tests) Amendment Bill

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

Mrs Geraghty moved -  That the debate be further adjourned.

         Question put.

 

         House divided (No 1):

 

           Ayes, 24

           Noes, 20

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Hon J D Hill

Hon G M Gunn

Hon S W Key

Mrs Hall

Mr Koutsantonis

Mr Hamilton-Smith

Hon J D Lomax-Smith

Mr Hanna

Hon K A Maywald

Hon R G Kerin

Hon R J McEwen

Hon D C Kotz

Mr O'Brien

Hon W A Matthew

Ms Rankine

Dr McFetridge

Hon M D Rann

Mr Meier

Mr Rau

Mrs Penfold

Hon L Stevens

Mrs Redmond

Hon R B Such

Mr Scalzi

Ms Thompson

Mr Venning (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

 

         So it was resolved in the affirmative.

         Ordered, that the debate be adjourned until 9 March.

 

16      Dignity in Dying 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 Ms Bedford, that the debate be further adjourned until 22 February 2006.

 

17      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 3 and 4 be postponed until 9 March.

 

18      Constitution (Basic Democratic Principles) 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, 15

 

           Noes, 20

Hon M R Buckby

Hon M J Atkinson

Ms Chapman

Ms Bedford

Hon I F Evans

Mr Caica

Mr Goldsworthy

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hanna

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Hon R B Such

Hon M D Rann

Hon G M Gunn (Teller)

Mr Rau

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

         So it passed in the negative.

 

19      Speaker's Statement – Education Ombudsman Bill

The Speaker advised the House that the Education Ombudsman Bill as introduced by Ms Chapman was not the Bill for which she had given notice.  He also advised that the Bill appropriated money and was therefore a Bill which could not be introduced by a Private Member.  He therefore ordered that the Bill be withdrawn from the Notice Paper.

 

20      Parental Responsibility 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 3):

 

           Ayes, 4

 

           Noes, 32

Hon M R Buckby

Ms Bedford

Hon W A Matthew

Mr Brindal

Mr Meier

Mr Brokenshire

Hon G M Gunn (Teller)

Mr Caica

 

Ms Chapman

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Mrs Hall

 

Mr Hanna

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr O'Brien

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

21      Anzac Day Commemoration Bill

The Premier (Hon M D Rann), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to continue and enhance the commemoration of ANZAC Day as a day of national significance; to make a related amendment to the Lottery and Gaming Act 1936; and for other purposes.

Question put and passed.

         Bill presented and read a first time.

 

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

Ordered, on motion of the Leader of the Opposition (Hon R G Kerin), that the debate be adjourned until tomorrow.

 

 

 

 

22      Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001.

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 the Leader of the Opposition, that the debate be adjourned until Monday 7 March.

 

23      Defamation Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to modify the general law relating to the tort of defamation; to repeal provisions of the Civil Liability Act 1936 relating to the tort of defamation; to amend the Criminal Law Consolidation Act 1935, the Evidence Act 1929 and the Limitation of Actions Act 1936; 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 the Leader of the Opposition, that the debate be adjourned until Monday 7 March.

 

24      Statutes Amendment (Environment and Conservation) Bill

The Minister for Environment and Conservation (Hon J D Hill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Historic Shipwrecks Act 1981, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Natural Resources Management Act 2004, the Pastoral Land Management and Conservation Act 1989, the Radiation Protection and Control Act 1982, the Water Resources Act 1997 and the Wilderness Protection Act 1992.

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 the Leader of the Opposition, that the debate be adjourned until tomorrow.

 

25      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 to 11 be postponed and taken into consideration after Order of the Day: Government Business No 12.

 

26      Public Sector Management (Chief Executive Accountability) 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.

 

27      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 to 3 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

 

 

28      Motor Vehicles (Licences and Learner’s Permits) 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.

 

29      Adjournment

House adjourned at 9.49 pm until tomorrow at 10.30 am.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 3 March 2005

 

Notices of Motion: Government Business -

 

The Minister for Health (Hon L Stevens), to move – 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 chiropractors, osteopaths, chiropractic students and osteopathy students; to regulate the provision of chiropractic and osteopathy for the purpose of maintaining high standards of competence and conduct by those who provide it; to repeal the Chiropractors Act 1991; and for other purposes.

 

The Minister for State/Local Government Relations (Hon R J McEwen),  to move – That he have leave to introduce a Bill for an Act to amend Local Government Act 1999 and to make related amendments to the City of Adelaide Act 1998 and the Rates and Land Tax Remission Act 1986.

 

The Minister for Agriculture, Food And Fisheries (Hon R J McEwen), to move – That he have leave to introduce a Bill for an Act to amend the Primary Produce (Food Safety Schemes) Act 2004.

 

 

            For Wednesday 9 March 2005

 

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

 

Ms Thompson to move – That the Fifty First Report of the Economic and Finance Committee being the Annual Report 2003-04, be noted

 

Mr Hanna to move – That the Rules made under the Superannuation Act 1988 entitled Commutation, made on 13 January and laid on the Table of this House on 8 February, be disallowed.

 

Mr Hanna to move – That the Rules made under the Superannuation Act 1988 entitled Julia Farr Services, made on 13 January and laid on the Table of this House on 8 February, be disallowed.

 

Mr Hanna to move – That the Rules made under the Police Superannuation Act 1990 entitled Salary, made on 13 January and laid on the Table of this House on 8 February, be disallowed.

 

 

 

 

____________

 

 

Present during the day - All Members except Mr Snelling and Mr Williams.

 

 

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

 

         Division No 1 -

               Ayes - Mr Snelling.

               Noes - Mr Williams.

 

         Division No 2 -

               Ayes - Hon D C Brown, Mr Hamilton-Smith, Mr Venning and Mr Williams.

               Noes – The Minister for Health (Hon L Stevens), Ms Breuer, Ms Ciccarello and Mr Snelling.

 

         Division No 3  -

               Ayes - Hon D C Brown, Mr Hamilton-Smith, Mrs Penfold, Mr Venning and Mr Williams.

Noes - The Minister for Health (Hon L Stevens), Ms Breuer, Ms Ciccarello, Ms Rankine and Mr Snelling.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY