No 39

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 3 MARCH 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Postponement of business

Ordered - That Notice of Motion: Other Motions No 1 be postponed and taken into consideration after Notice of Motion: Other Motions No 3.

 

3       Secondary School Merit Certificates - Motion re

Ms Chapman, pursuant to notice, moved - That this House congratulates the 2004 secondary school graduates who received merit certificates at Government House on 15 February 2005 and encourages their pursuit in further education opportunities.

         Debate ensued.

         Question put and passed.

 

4       Young Offenders - Motion re

Hon D C Kotz, pursuant to notice, moved - That this House acknowledges the Government's recently announced preliminary issues paper entitled ‘Young Offenders - Breaking The Cycle’ and notes that the Social Inclusion Board will consider preventing and reducing criminal activities by young people as a Social Inclusion Reference.

         Debate ensued.

         Ordered, on motion of Mr Brindal, that the debate be adjourned until Thursday 10 March.

 

5       Censure of Premier and Deputy Premier – Former Archbishop of Adelaide - Motion re

Mr Brindal, pursuant to notice, moved - That this House censures the Premier and Deputy Premier for violating the long standing tradition in respect to the separation of the powers of Church and State, and for their part in the ill informed scape-goating of the former Archbishop of Adelaide,  Dr Ian George.

         Debate ensued.

Mr Hanna moved to amend the motion by deleting the words “censures the Premier and Deputy Premier for violating the long standing tradition in respect to the separation of the powers of Church and State, and for their part in the ill informed” and substitute in lieu thereof “regrets the”.

Debate continued.

Question – That the amendment be agreed to – put .

 

 

 

 

 

 

 

 

 

         House divided (No 1):

 

           Ayes, 18

 

           Noes, 24

Mr Brokenshire

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Hon I F Evans

Ms Breuer

Mr Goldsworthy

Mr Caica

Hon G M Gunn

Ms Chapman

Mrs Hall

Ms Ciccarello

Mr Hamilton-Smith

Mrs Geraghty

Mr Hanna

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon K A Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Mr Brindal (Teller)

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon K O Foley (Teller)

 

         So it passed in the negative.

 

Question – That the motion be agreed to – put.

         House divided (No 2):

 

           Ayes, 16

 

           Noes, 25

Mr Brokenshire

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Hon I F Evans

Ms Breuer

Mr Goldsworthy

Mr Caica

Hon G M Gunn

Ms Chapman

Mrs Hall

Ms Ciccarello

Mr Hamilton-Smith

Mrs Geraghty

Hon D C Kotz

Hon J D Hill

Hon W A Matthew

Hon S W Key

Dr McFetridge

Mr Koutsantonis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Hon K A Maywald

Mrs Redmond

Hon R J McEwen

Mr Venning

Mr O'Brien

Mr Williams

Ms Rankine

Mr Brindal (Teller)

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon K O Foley (Teller)

 

         So it passed in the negative.

 

6       Postponement of business

Ordered, severally - That Notices of Motion: Other Motions Nos 5 to 17 be postponed and taken into consideration after Notice of Motion: Other Motions No 18.

 

7       Rotary International Centenary - Motion re

Mrs Redmond, pursuant to notice, proceeding to move - That this House congratulates Rotary International on the centenary of its foundation in February 1905 and recognises the remarkable impact that Rotary has made and the substantial contribution it continues to make in communities throughout this State and internationally.

 

 

____________

 

It being 1.00 pm, the motion was adjourned (Mrs Redmond, by leave) and made an Order of the Day for Thursday 10 March.

____________

 

 

8       Petition No 53

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

53   Mr Hanna, from 57 residents of South Australia, requesting the House to urge the Government to legislate to remove the relationship between property value increases and increases in Land, Council and Water/Sewer taxes and tie future increases to these taxes to CPI or minimum wage increases.

 

9       Answers to questions

Answers to questions on the Notice Paper Nos 338 and 342 were tabled by the Speaker.

 

10      Questions

Questions without notice were asked.

 

11      Paper

         The following Paper was tabled:

 

            By the Minister for Regional Development (Hon K A Maywald) -

               Regional Communities Consultative Council – Current Membership List.

 

12      Grievance debate

On motion of the Speaker, the House noted grievances.

 

13      Chiropractic and Osteopathy Practice Bill

The Minister for Health (Hon L Stevens), 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 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.

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 D C Brown, that the debate be adjourned until Monday 7 March.

 

14      Local Government (Financial Management and Rating) Amendment Bill

The Minister for State Local Government Relations (Hon R J McEwen), pursuant to notice, moved - 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.

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 Dr McFetridge, that the debate be adjourned until Monday 7 March.

 

15      Primary Produce (Food Safety Schemes) (Miscellaneous) Amendment Bill

The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Primary Produce (Food Safety Schemes) Act 2004.

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 Dr McFetridge, that the debate be adjourned until Monday 7 March.

 

16      Postponement of business

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

 

17      Correctional Services (Parole) 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 10 agreed to.

Clause No 11 read.

 

The Minister for Environment and Conservation (Hon J D Hill), moved on page 6, lines 27 and 28, to delete the clause and substitute:

11—Amendment of section 66—Automatic release on parole for certain prisoners

(1)      Section 66—delete "The" and substitute:

Subject to subsection (2), the

(2)     Section 66—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

(2)     Subsection (1) does not apply to—

(a)       a prisoner if any part of the imprisonment for which the prisoner was sentenced is in respect of a sexual offence; or

(b)       a prisoner of a class excluded by the regulations from the application of subsection (1) (but the regulations may not exclude a prisoner liable to serve a total period of imprisonment of 3 years or less).

Question – That the amendment be agreed to – put.

        

Committee divided (No 3):

 

           Ayes, 25

           Noes, 19

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Hon W A Matthew

Hon I P Lewis

Dr McFetridge

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Mr Brokenshire (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

 

         So it was resolved in the affirmative.

 

Clause No 11 left out and new Clause No 11 substituted.

Clause No 12 read.

 

The Minister for Environment and Conservation moved on page 6, lines 30 and 31, to delete subclause (1) and substitute:

(1)           Section 67(1) and (2)—delete subsections (1) and (2) and substitute:

(1)   This section applies to a prisoner if—

(a)    section 66 does not apply to the prisoner; and

(b)    a non-parole period has been fixed for the prisoner; and

(c)    the prisoner is not serving a sentence of indeterminate duration.

(2)   If this section applies to a prisoner—

(a)    the prisoner; or

(b)    the Chief Executive Officer, or any employee of the Department authorised by the Chief Executive Officer,

may apply in the prescribed manner to the Board for the prisoner's release on parole.

Question – That the amendment be agreed to – put.

        

Committee divided (No 4):

 

           Ayes, 25

           Noes, 19

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Hon W A Matthew

Hon I P Lewis

Dr McFetridge

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Mr Brokenshire (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

 

         So it was resolved in the affirmative.

 

Mr Hanna moved on page 7, after line 21, to insert —

(7)     Section 67(5)—delete "(not being a prisoner who is serving a sentence of life imprisonment)"

(8)     Section 67(6) to (8)—delete subsections (6) to (8) and substitute:

(6)       The Board—

(a)       must not specify a release date that is earlier than the day on which the prisoner's non-parole period expires; and

(b)       in the case of a prisoner who is serving a sentence of life imprisonment—must specify a period of not less than 3 years or more than 10 years for which the prisoner is to continue on parole.

Question – That the amendment be agreed to – put.

 

         Division, only one Aye

The House proceeded to a division, but only one Member appearing on the side of the Ayes, the Chairman of Committees declared the Noes had it.

So it was passed in the negative.

 

Clause No 12 as amended agreed to.

Clauses Nos 13 and 14 agreed to.

Clause No 15 read.

 

The Minister for Environment and Conservation moved – That the clause stand as printed – put.

 

         Committee divided (No 5):

 

           Ayes, 21

           Noes, 23

 

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Hon I P Lewis

Hon R J McEwen

Hon W A Matthew

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Mr Brokenshire (Teller)

Hon P L White

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

Clause No 15 left out.

Clauses Nos 16 and 17 agreed to.

Schedule agreed to.

Title agreed to.

 

 

____________

 

         The House having resumed:

Hon R B Such 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.

 

18      Message from the Legislative Council

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

 

Industrial Law Reform (Enterprise and Economic Development – Labour Market Relations) Bill                 Message No 27

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to to amend the Industrial and Employee Relations Act 1994 and the Long Service Leave Act 1987, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 3 March 2005                                                   R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

No. 1.

Clause 1, page 5, lines 3 and 4—

Delete all words in these lines and substitute:

This Act may be cited as the Industrial Law Reform (Fair Work) Act 2005.

 

No. 2.

Clause 4, page 5, lines 15 and 16—

Delete all words in these lines and substitute:

This Act may be cited as the Fair Work Act 1994.

 

No. 3.

Clause 5, page 5, lines 19 and 20—

Delete paragraph (ca) and substitute:

   (ca)       to promote and facilitate employment; and

 

No. 4.

Clause 5, page 5, line 25—

Delete “and permanency”.

 

No. 5.

Clause 5, page 5, lines 29 to 32—

Delete subclause (4)

 

No. 6.

Clause 5, page 6, line 2—

Delete "or unreasonable"

 

No. 7.

Clause 5, page 6, lines 8 and 9—

Delete paragraph (p)

 

No. 8.

Clause 5, page 6, lines 21 and 22—

Delete paragraph (d)

 

No. 9.

Clause 6, page 6, lines 31 to 33—

Delete subclause (4)

 

No. 10.

Clause 6, page 7, after line 36—

Insert:

   (ca)       the Employee Ombudsman; and

 

No. 11.

Clause 7—

Leave out the clause.

 

No. 12.

Clause 8, page 9, after line 20—

Insert:

(2a)         To avoid doubt, a person who is engaged by another person to clean the private residence of a third person is not an outworker under this section.

 

No. 13.

Clause 8, page 9, after line 29—

Insert:

(4)           A regulation made for the purposes of subsection (3) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.

 

No. 14.

New clause, page 11, after line 27—

Insert new clause as follows:

20A—Amendment of section 58—Appointment and conditions of office of Employee Ombudsman

Section 58(1)—delete "which may be renewed for one further term of 6 years" and substitute:

(which may be renewed from time to time)

 

No. 15.

Clause 31, page 15, lines 15 to 17—

Delete subsection (1) and insert:

(1)           The Full Commission may, on application by a peak entity, establish a standard relating to paid parental leave that, subject to this section, is also to apply as a minimum standard to all employers and employees.

(1a)         A contract of employment is to be construed as if it incorporated any minimum standard established under subsection (1) unless—

(a)     the provisions of the contract are more favourable to the employee; or

(b)      the provisions of the contract are in accordance with an award or enterprise agreement.

 

No. 16.

Clause 31, page 15, lines 35 to 40—

Delete subsection (7)

 

No. 17.

Clause 34, page 18, after line 34—

Insert:

(3a)         An employer cannot be required, as part of any negotiations under this Part, to produce any financial records relating to any business or undertaking of the employer.

 

No. 18.

Clause 34, page 18, lines 37 to 40, page 19, lines 1 to 24—

Delete subsections (5), (6) and (7) and substitute:

(5)           Nothing in a preceding subsection prevents a party to negotiations for an enterprise agreement deciding to withdraw from the negotiations entirely.

 

No. 19.

Clause 36, page 21, line 8—

After "duties by employees" insert:

or that relate to the remuneration of employees

 

No. 20.

Clause 45, page 24, after line 29—

Insert:

(1a)         The Commission may, in setting rates of pay with respect to particular work under subsection (1), specify different rates according to the different levels of skill or experience that persons undertaking the work may possess.

 

No. 21.

Clause 46, page 25, line 24—

After "the relevant work", first occurring, insert:

(other than (if relevant) as a purchaser at the point of sale by retail)

 

No. 22.

Clause 46, page 25, line 31—

After "sale of clothing" insert:

(and associated items)

 

No. 23.

Clause 46, page 26, line 3—

Delete "The Minister may publish" and substitute:

The Governor may, by regulation, establish

 

No. 24.

Clause 46, page 26, lines 12 to 18—

Delete subsections (4) and (5)

 

No. 25.

Clause 46, page 26, line 32—

Delete "the Minister" and substitute:

the Governor

 

No. 26.

Clause 46, page 27, line 6—

After "believes" insert:

on reasonable grounds

 

No. 27.

Clause 49, page 31, lines 27 and 28—

Delete ", or any other premises where records are kept or work is performed"

 

No. 28.

Clause 49, page 31, after line 32—

Insert:

(3)           Section 104—delete subsection (4) and substitute:

(4)    In addition to the powers set out in subsections (1) and (3), if an inspector has reason to believe that a document required to be kept by an employer under this Act or any other Act is not accessible during an inspection under subsection (3), the inspector may, by notice in writing to an employer, require the employer to produce the document to the inspector within a reasonable period (of at least 24 hours) specified by the inspector.

(4a)  A document produced under subsection (3) or (4) may be retained by the inspector for examination and copying (and, accordingly, the inspector may take it away), subject to the qualification that the inspector must then return the document within 7 days.

(4)           Section 104(5)(a)—delete "take away a" and substitute:

retain an original

(5)           Section 104(5)(b)—delete paragraph (b) and substitute:

(b)    the inspector may not retain the original of a document that is required for the day-to-day operations of the employer (but the inspector may copy it at the time of its production).

 

No. 29.

Clause 51—

Leave out the clause.

 

No. 30.

Clause 52, page 33, line 7—

Delete "reasonable" and substitute:

clear

 

No. 31.

Clause 53, page 34, lines 1 to 7—

Delete subsections (5) and (6)

 

No. 32.

Clause 55, page 34, after line 18—

Insert:

(da)         whether the employer has failed to comply with an obligation under section 58B or 58C of the Workers Rehabilitation and Compensation Act 1986; and

 

 

 

No. 33.

Clause 55, page 34, lines 21 to 24—

Delete subclause (2)

 

No. 34.

Clause 56, page 34, after line 31—

Insert:

(1b)         However, the Commission need not regard re-employment as the preferred remedy if the position to which the applicant would be re-employed is in a business or undertaking where, at the time of the Commission's decision on the application, less than 50 employees are employed.

 

No. 35.

Clause 56, page 34, lines 32 to 37—

Delete subclause (2)

 

No. 36.

Clause 58—

Leave out the clause.

 

No. 37.

Clause 59, page 36, line 5—

Delete ", or potential members,"

 

No. 38.

Clause 59, page 36, lines 18 to 20—

Delete subsection (1b)

 

No. 39.

Clause 59, page 36, line 30—

Delete "unreasonably"

 

No. 40.

Clause 59, page 36, lines 31 to 41—

Delete subsection (2c)

 

No. 41.

Clause 59, page 36, after line 41—

Insert:

(6a)         Section 140(3)—after paragraph (a) insert:

(ab) address offensive language to an employer or an employee; or

(6b)         Section 140(3)—after paragraph (b) insert:

(c)    use or threaten to use force in relation to an employer, an employee or any other person.

 

No. 42.

New clause, page 37, after line 15—

Insert new clause as follows:

59A—Amendment of section 141—Register of members and officers of association

(1)      Section 143(3)—after paragraph (b) insert:

(c) information as to—

(i)       the number of financial members of the association; and

(ii)      the number of non-financial members of the association,

as at the immediately preceding 30 June.

   (2)        Section 141—after subsection (3) insert:

(3a)    A person is entitled to inspect (without charge) a copy of any information provided under subsection (3) during ordinary business hours at the office of the Registrar.

 

 

No. 43.

Clause 63—

Leave out the clause.

 

No. 44.

Clause 64, page 39, after line 3—

Delete the clause and substitute:

64—Insertion of new Division

After section 155 insert:

Division 4A—Conciliation conferences

155A—Application of Division

This Division applies to proceedings founded on—

(a)    a monetary claim;

(b)    a claim for relief against unfair dismissal.

155B—Conciliation conference

(1)    Before the Court or the Commission hears proceedings to which this Division applies, a conference of the parties must be held for the purpose of exploring—

(a)    the possibility of resolving the matters at issue by conciliation and ensuring that the parties are fully informed of the possible consequences of taking the proceedings further; and

(b)    if the proceedings are to progress further and the parties are involved in 2 or more sets of proceedings under this Act—the possibility of hearing and determining some or all of the proceedings concurrently.

(2)    Any member of the Court or Commission may preside at a conference under subsection (1) unless the parties are in a remote part of the State, in which case the President may authorise a stipendiary magistrate to call and preside at the conference.

(3)    The person presiding at the conference (the presiding officer) must, not more than 3 business days after the conclusion of the conference—

(a)    give the parties a preliminary assessment of the merits of the claim (or, if there is more than 1 claim, of each claim) and any defence to the claim (or claims); and

(b)    recommend to the parties how best to proceed to resolution of the questions in issue between them (or, if in the presiding officer's opinion the application patently lacks merit, recommend that the claim be withdrawn).

(4)    If a claim is not resolved by conciliation or withdrawn, it will be set down for hearing before the Court or Commission (as the case requires).

 

No. 45.

New clause, page 41, after line 23—

Insert:

73A—Insertion of section 225A

After section 225 insert:

225A—Use of offensive language against a representative

An employer, or an officer, employee or representative of an association of employers, must not address offensive language to a duly authorised representative of an association of employees (insofar as the person is acting as such a representative).

Maximum penalty: $5 000.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for Monday 7 March.

 

19      Adjournment

House adjourned at 4.48 pm until Monday 7 March at 2.00 pm.

 

____________

 

Present during the day - All Members except Mr Snelling.

 

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

 

         Division No 1 –

               Ayes - The Leader of the Opposition (Hon R G Kerin) and Hon D C Brown.

               Noes – The Minister for infrastructure (Hon P F Conlon) and Mr Snelling.

 

         Division No 2 –

               Ayes - The Leader of the Opposition (Hon R G Kerin) and Hon D C Brown.

               Noes – The Minister for infrastructure (Hon P F Conlon) and Mr Snelling.

 

         Division No -3

               Ayes - Mr Snelling.

               Noes - Mrs Redmond.

 

         Division No 4  -

               Ayes - Mrs Redmond.

               Noes - Mr Snelling.

 

         Division No -5

               Ayes - Mr Snelling.

               Noes - Mrs Redmond.

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY