No 39

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 20 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       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3 be Notices of Motion for Thursday 27 August.

 

3       Select Committee on Public School Funding - Motion re

Ms White, pursuant to notice, moved - That a Select Committee be established to inquire into the funding of public school operating costs and in particular:

a)   the adequacy of Government operating grants paid to public schools;

b)   those cost items which should be met by Government and those costs which should be met from other sources including payments by parents;

c)   those cost items which fall into the category of material and  services charges; and

d)   existing arrangements including the current regulation for compulsory fees, the existing levels of voluntary contributions and schoolcard allowances.

         Debate ensued.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 27 August.

 

4       Education Act – Regulations – Material and Services Charges - Motion for disallowance

Ms White, pursuant to notice, moved – That the Regulations under the Education Act 1972 relating to Material and Services Charges, made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 27 August.

 

5       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 6 be a Notice of Motion for Thursday 27 August.

 

6       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be an Order of the Day for Thursday 27 August.


 

7       Employment Agents Registration (Fees) 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.

Ordered, on motion of Mr De Laine, that the debate be further adjourned until Thursday 27 August.

 

8       Evidence (Sexual Offences) 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.

Ordered, on motion of Mr De Laine, that the debate be further adjourned until Thursday 27 August.

 

9       Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 4 to 6 be Orders of the Day for Thursday 27 August.

 

10      Criminal Law Consolidation (Intoxication) 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

                                                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 on Thursday 27 August.

 

11      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 8 to 11 be Orders of the Day for Thursday 27 August.

 

12      Retail and Commercial Leases (Terms of Lease and Renewal) Amendment Bill

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

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

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 27 August.


 

13      Tour de France - South Australian Cyclists - Motion re

Ms Ciccarello, pursuant to notice, moved – That this House congratulates South Australian cyclists Stuart O’Grady and Patrick Jonker on their outstanding achievements in Le Tour de France and recognises the success of the Italian rider Marco Pantani for winning both Le Tour de France and Il Giro D’Italia in the same year.

         Debate ensued.

____________

 

It being 12.30 pm, Orders of the Day: Other Motions were called on by the Clerk.

____________

 

14      Postponement of business

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

 

15      Tour de France - South Australian Cyclists - Motion re

         Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

16      Education Budget Cuts - Motion re

Order of the Day read for the adjourned debate on the motion of Ms White - That this House expresses concern that South Australia’s public school and TAFE systems will suffer unprecedented budget cuts over the next three years and censures the Minister for Education, Children’s Services and Training for failing to protect the future of education and training in this State and for accepting the Government’s cuts to his portfolio which far exceed those in other Departments.

Debate resumed.

___________

 

It being 1.00 pm, the debate was adjourned (Mr Meier, by leave) and made an Order of the Day for Thursday 27 August.

____________

 

17      Petitions Nos 87 and 88

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

 

87   Mr Clarke, from 25 residents of South Australia, requesting that the House urge the Government to either, place operating conditions on the activities at the National Rail Islington freight centre or have the centres operation moved to alternative facilities at Dry Creek North.

 

88   Mr Snelling, from 45 residents of South Australia, requesting that the House urge the Government to ensure that EPA operational standards are adhered to at the Humes factory site on Maxwell Road, Pooraka and to oppose any application for an extension to current operations.

 

18      Answer to question

An answer to a question without notice was tabled by the Speaker.

 

19      Questions

         Questions without notice were asked.


 

20      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

21      Suspension of Standing Orders

The Deputy Premier (Hon R G Kerin), without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion forthwith for the rescission of the third reading of the Legal Practitioners (Miscellaneous) Amendment Bill.

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 vote

The Deputy Premier then moved – That the vote on the third reading of the Legal Practitioners (Miscellaneous) Amendment Bill taken in the House yesterday 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.

 

Legal Practitioners (Miscellaneous) Amendment Bill – Recommitted

The Deputy Premier moved – That the Legal Practitioners (Miscellaneous) Amendment Bill be recommitted to a Committee of the Whole House for the purpose of considering a new clause No 52.

 

In Committee

                                                New clause No 52 inserted.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had reconsidered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

22      Aerodrome Fees 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 9 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon G M Gunn reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.


 

The Minister for Human Services (Hon D C Brown) moved - That this Bill be now read a third time.

Debate ensued.

Bill read a third time and passed.

 

23      Messages from the Legislative Council

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

 

         Freedom of Information (Public Opinion Polls)

         Amendment Bill                                                                          Message No 103

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Freedom of Information Act 1991, without any amendment.

         Legislative Council, 19 August 1998                                                J C Irwin, PRESIDENT

 

         Statutes Amendment (Motor Accidents) Bill                                Message No 104

MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Statutes Amendment (Motor Accidents) Bill, for the Reason indicated in the annexed Schedule. The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 20 August 1998                                                J C Irwin, PRESIDENT

 

 

Schedule of the amendments made by the House of Assembly to which the Legislative Council has disagreed

 

No. 1    New clause, page 2, after line 7—Insert new clause as follows:        

 

      Insertion of s. 113A

                                              5A. The following section is inserted after section 113 of the principal Act:

      

                Insurer not liable for aggravated damages or exemplary or punitive damages

                                              113A. An insurer is not liable to pay any aggravated damages or exemplary or punitive damages awarded in an action against the insured person in respect of death or bodily injury caused by or arising out of the use of a motor vehicle insured under this Part and the insured person is not entitled to be indemnified by the insurer in respect of such an award.

 

No. 2   New clause, page 2, after line 7—Insert new clause as follows:

                                Insertion of s. 118B

                                              5B. The following section is inserted after section 118A of the principal Act:

 

                    Interpretation of certain provisions where claim made or action brought against nominal defendant

                         118B. (1) The provisions of this Act prescribed by subsection (2) will be taken to apply where a claim is made or an action is brought against the nominal defendant under this Part as if, for the purposes of those provisions—

 

                                (a)          the motor vehicle in relation to which the claim is made or the action is brought were a motor vehicle insured under a policy of insurance; and

 

                                 (b)          the nominal defendant were the insurer and any liability of the nominal defendant were a liability of the insurer under the policy of insurance.

 

                    (2) For the purposes of subsection (1), the following provisions of the Act are prescribed:

 

                                (a)          sections 110, 111 and 111A;

 

                                (b)          section 124(6a);

 

                                (c)          section 124AD;

 

                                (d)          section 125B;

 

                                (e)          sections 127 and 127A;

 

                                (f)           a provision specified by the regulations for the purposes of subsection (1).

 

                    No. 3     Clause 6, page 2, line 17—After "vehicle" insert:

 

                                              or part of the vehicle,

 

                    No. 4     Clause 6, page 2, lines 19 to 23—Leave out subsection (6a) and substitute:

 

             (6a) Where a claim is made upon an insured person in respect of an accident of a kind referred to in subsection (1), a person must not give the insurer, or someone known by the person to be engaged by the insurer in connection with the claim, any information that the person knows is material to the claim and is false or misleading.

 

                                Maximum penalty:   $1 250 or imprisonment for 3 months.

 

                    No. 5     Clause 8, page 3, lines 14 to 18—Leave out section 124AC and substitute:

 

                                              Amount recoverable by insurer set off against compensation

             124AC. The insurer may set off the whole or part of an amount that the insurer is entitled to recover from a person under this Part against a liability in respect of the person's death or bodily injury caused by or arising out of the use of a motor vehicle where the liability is owed by the insurer or an insured person.

 

                    No. 6     New clause, page 3, after line 23—Insert new clause as follows:

 

                                              Insertion of s. 125B

             8A. The following section is inserted after section 125A of the principal Act:

 

                                                          Acquisition of vehicle by insurer

                                                              125B. (1) If—

 

                                                    (a)    the insurer considers it necessary to acquire the motor vehicle for the purposes of the conduct of negotiations or proceedings connected with the death of, or bodily injury to, any person caused by or arising out of the use of the vehicle; and

 

                                              (b)        the owner of the vehicle is unwilling to sell the vehicle to the insurer at all or for a price the insurer considers reasonable,

 

                    the insurer may acquire the vehicle compulsorily in accordance with this section.

 

                (2) The insurer may, for the purposes of compulsorily acquiring the motor vehicle, apply to the Magistrates Court for a valuation of the vehicle.

 

                              (3) If within one month after the date of a valuation by the Court, the insurer pays into the Court the amount of the valuation, the Court—

 

                                           (a)            must make an order vesting title to the motor vehicle in the insurer; and

 

                                           (b)           may make any other incidental or ancillary orders that may be necessary or desirable in the circumstances of the case.

 

             No. 7           Clause 9, page 3, after line 29—Insert new definition as follows:

 

             "prescribed limit", in relation to prescribed services, means the limit prescribed for the prescribed services for the purposes of section 32 of the Workers Rehabilitation and Compensation Act 1986;

 

             No. 8           Clause 9, page 3, line 31—Leave out "for the prescribed services by regulation under subsection (2)" and substitute:

 

for the prescribed services for the purposes of section 32 of the Workers Rehabilitation and Compensation Act 1986

 

                    No. 9     Clause 9, page 3, line 34—Leave out "a regulation" and substitute:

 

                                              notice

 

             No. 10          Clause 9, page 3, line 36—Leave out "Governor may, by regulation" and substitute:

 

                                              Minister may, by notice in the Gazette

 

                    No. 11   Clause 9, page 3, lines 37 and 38—Leave out paragraph (a).

 

                    No. 12   Clause 9, page 4, after line 1—Insert new paragraph as follows:

 

                                              (c)        vary or revoke a notice under this subsection.

 

                    No. 13   Clause 9, page 4, after line 16—Insert new subsections as follows:

 

                           (4a) For the purposes of this section, a charge for prescribed services is excessive if—

 

                                (a)          the charge exceeds the prescribed limit or the charge allowed for the prescribed services under the prescribed scale; or

 

                                (b)           in the case of prescribed services for which there is not prescribed limit and to which a prescribed scale does not apply—the charge exceeds an amount that the Magistrates Court considers reasonable for the provision of the services.

 

                                              (4b) The Magistrates Court may, on application by the insurer—

 

                                (a)          where an injured person has been charged an excessive amount for prescribed services—reduce the charge by the amount of the excess and, if the charge has been paid to the service provider, order the service provider to pay the amount of the excess to the insurer; or

 

                                (b)          where an injured person has received prescribed services that the Court considers were, in the circumstances of the case, inappropriate or unnecessary—disallow the charge for the services and, if the charge has been paid to the service provider, order the service provider to pay the amount of the charge to the insurer.

 

                    No. 14   Clause 9, page 4, lines 22 to 29—Leave out subsections (6), (7) and (8).

 

             No. 15          Clause 9, page 4, lines 30 to 38 and page 5, lines 1 to 4—Leave out new section 127B.

 

                    No. 16   Clause 10, page 5, after line 8—Insert new paragraphs as follows:

 

                                 (aaaa)     by striking out subparagraph (i) of paragraph (a) of subsection (1) and substituting the following subparagraph:

 

                                                          (i)  the injured person's ability to lead a normal life was seriously and significantly impaired by the injury for a period of at least six months;;

 

                                (aaa)       by striking out subparagraph (ii) of paragraph (c) of subsection (1) and substituting the following subparagraph:

 

                                                         (ii)  a person who—

 

                                                              (A) is a parent, child or spouse, or was at the time of the accident a spouse, of a person who was killed, injured or endangered in the accident; and

 

                                                               (B) was at the scene of the accident when the accident occurred or shortly after the accident occurred;;

 

                                (aa)         by inserting after paragraph (c) of subsection (1) the following paragraph:

 

                                                         (ca)  in assessing possibilities for the purposes of assessing damages to be awarded for loss of earning capacity, a possibility is not to be taken into account in the injured person's favour unless the injured person satisfies the court that there is at least a 25 per cent likelihood of its occurrence; and;

 

                    No. 17   Clause 10, page 5, after line 11—Insert new paragraph as follows:

                   

(ab) by inserting after paragraph (h) of subsection (1) the following paragraph:

 

                                              (ha)      damages awarded for loss of consortium must not exceed four times State average weekly earnings; and;;

 

                    No. 18   Clause 10, page 5, line 28—After "the prescribed percentage" insert:

            

             or such greater percentage as the court thinks just and reasonable having regard to the extent to which the accident was attributable to the injured person's negligence

 

                    No. 19   Clause 10, page 5, line 32—After "25 per cent" insert:

 

or such greater percentage as the court thinks just and reasonable having regard to the extent to which the proper wearing of a seat belt would have reduced or lessened the severity of the injury

 

                    No. 20   Clause 10, page 6, line 5—After "25 per cent" insert:

 

or such greater percentage as the court thinks just and reasonable having regard to the extent to which the proper wearing of a safety helmet would have reduced or lessened the severity of the injury

 

                    No. 21   Clause 10, page 6, line 32—After "25 per cent" insert:

 

             or such greater percentage as the court thinks just and reasonable having regard to the extent to which being within the compartment would have reduced or lessened the severity of the injury

 

Schedule of the Reason for disagreeing with the foregoing amendments

 

            Because the Council finds the amendments unacceptable.

 

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendments be insisted on.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Message referred to it and had resolved to insist on its amendments.


 

24      Road Traffic (Miscellaneous) 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.

 

25      Motor Vehicles (Cheque and Debit or Credit Card Payments) 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      Messages from the Legislative Council

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

 

         Statutes Amendment (Motor Accidents) Bill                                Message No 105

MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Statutes Amendment (Motor Accidents) Bill. In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

         Legislative Council, 20 August 1998                                                J C Irwin, PRESIDENT

 

         Conference – Statutes Amendment (Motor Accidents) Bill

The Deputy Premier moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council: and that the time and place for holding it be the Plaza Room, at 11.00 am tomorrow; and that Messrs Conlon, Foley and Meier, Mrs Maywald and the Minister for Education, Children’s Services and Training (Hon M R Buckby) be the Managers on the part of this House.

Question put and passed.

 

         Statutes Amendment (Motor Accidents) Bill                                Message No 106

MR SPEAKER – In reply to Message No 114 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference.

         Legislative Council, 20 August 1998                                                J C Irwin, PRESIDENT

 

27      Adjournment

         House adjourned at 5.30.pm until Tuesday 25 August at 2.00 pm.


 

____________

 

 

Present during the day - All Members except Hon M H Armitage, Hon J L Hall and

      Mr Hanna.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY