No 40

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 6 JULY 2000

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the             Chair and read prayers.

 

2       Conference – Water Resources (Water Allocations) Amendment Bill

The Minister for Water Resources (Hon M K Brindal) moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Water Resources (Water Allocations) Amendment Bill.

Question put and passed.

 

3       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 4 be postponed until Thursday 13 July.

 

4       Statutes Amendment (Equal Superannuation Entitlements For Same Sex Couples) Bill

Ms Bedford, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

Question put and passed.

 

         Bill presented and read a first time.

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

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 13 July.

 

5       Select Committee on the Murray River

Order of the Day read for the Report of the Select Committee on Murray River to be brought up.

Hon D C Wotton brought up the Interim Report (Paper No. 218), together with Minutes of Proceedings and Evidence.

Report received.

 

Hon D C Wotton then moved - That the Interim Report be noted.

Ordered, on motion of Mr Hanna, that the debate be adjourned until Thursday 13 July.

 

Extension of time for bringing up Report

Hon D C Wotton moved - That the time for bringing up the Final Report of the Select Committee on the Murray River be extended until Thursday 30 November.

Question put and passed.

 

6       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 2 be postponed until Thursday 13 July.

 

7       Netherby Kindergarten (Variation of Waite Trust) Act Repeal 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 1and 2 agreed to.

                                                Preamble agreed to.

                                                Title agreed to.

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         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.

 

Ordered – That the third reading of this Bill be an Order of the Day for Thursday 13 July.

 

8       Funding of Public Schools - Motion for Select Committee

Order of the Day read for the adjourned debate on the motion of Ms White – That a Select Committee be established to inquire into the funding of public school operating costs and in particular –

(a)     existing arrangements including the current regulation for compulsory fees, the existing levels of voluntary contributions and schoolcard allowances;

(b)     the adequacy of Government operating grants paid to public schools; and

(c)     those cost items which should be met by Government and those costs which should be met from other sources, including payments by parents.

Debate resumed.

 

      Question put.

      House divided (No 1):

 


                                Ayes, 17

 

Mr Atkinson

Ms Bedford

Ms Breuer

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Ms Rankine

Hon M D Rann

Ms Stevens

Ms Thompson

Mr Wright

Ms White (Teller)


Noes, 20

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier  (Teller)


 

         So it passed in the negative.

 


9       Education Act – Regulations – Material and Service Charges - Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Ms White – That the Regulations under the Education Act 1972 relating to Material and Service Charges, made on 4 May 2000 and laid on the Table of this House on 31 May 2000, be disallowed.

Debate resumed.

Question put and negatived.

 

10      Woodend Shopping Centre – Referral to the Public Works Committee - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hanna – That the purchase of the Woodend Shopping Centre be referred to the Public Works Committee for investigation.

Debate resumed.

Question put.

      House divided (No 2):

 


                                Ayes, 18

 

Mr Atkinson

Ms Bedford

Ms Breuer

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mr Hill

Ms Hurley

Ms Key

Mr Lewis

Ms Rankine

Hon M D Rann

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Hanna (Teller)


Noes, 20

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier  (Teller)


 

         So it passed in the negative.

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It being Midday, Notices of Motion: Other Motions were called on.

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11      Suspension of Standing Orders

Mr Meier, without notice, moved - That Standing Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Order of the Day: Private Members Bills/Committees/Regulations No 10 is disposed of.

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

 

12      Gaming Machines (Freeze on Gaming Machines) 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 and resumed on motion.

 

13      Postponement of business

Ordered - That Notice of Motion: Other Motions No 1 be postponed until Thursday 13 July.

 


 

14      Mobile Phone Facilities Impact - Motion re

Ms Ciccarello, pursuant to notice, moved – That this House calls on the Minister for Transport and Urban Planning to immediately review the Development Act 1993 and Regulations to provide for greater control over the installation of mobile phone facilities in order to minimise the impact on local communities with due regard given to –

(a)  consultations with Local Councils;

(b)  appropriate guidelines for community consultation;

(c)  setting minimum distances from sensitive areas, which includes schools, kindergartens and hospitals;

(d)  opportunities for co-location;

(e)  visual impact on the local amenity;

(f)   clear definition of a transmitting station;

(g)  the effect of the Telecommunications Act, particularly in relation to low impact mobile phone facilities; and   

(h)  preparation of a Ministerial PAR for mobile phone facilities to provide clarity in the Development Plan.

         Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Thursday 13 July.

 

15      Postponement of business

Ordered - That Notice of Motion: Other Motions No 3 be postponed until Thursday 13 July.

 

16      Charges for Domiciliary Care Services - Motion re

Ms Stevens, pursuant to notice, moved - That this House condemns the Government for the stress being caused to elderly people by the introduction of charges for domiciliary care services and calls on the Minister for Disability Services and the Ageing to take immediate action and report upon –

(a)  the lack of community consultation on the introduction of fees;

(b)  the confusion caused by misleading public information, the complexity of pamphlets and ad hoc changes;

(c)  the lack of clarity and difficulties in establishing eligibility for waivers;

(d)  statements by elderly people that they are cancelling essential services and returning equipment because of the introduction of fees; and

(e)  the compound financial implications for elderly people with the introduction of  emergency services taxes, charges for dental services and charges for domiciliary care.

         Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Thursday 13 July.

____________

 

The 30 minutes for Notices of Motion: Other Motions having expired,

Orders of the Day: Other Motions were called on.

____________

 

17      Whyalla Airlines Crash - Motion re

Order of the Day read for the adjourned debate on the motion of Ms Breuer - That this House expresses its sympathy to the families and friends of those people killed in the Whyalla Airlines crash on the 31 May and extends its gratitude to the Police, Emergency Services and other services involved in the massive search following the crash.

Debate resumed.

____________

 

It being 1.00 pm, the motion was adjourned (Hon R L Brokenshire, by leave) and made an Order of the Day for Thursday 13 July.

____________

 

18      Conference – Water Resources (Water Allocations) Amendment Bill

The Minister for Water Resources (Hon M K Brindal) reported as follows:

I have to report that the Managers have been at the Conference on the Water Resources (Water Allocations) Amendment Bill, which was managed on the part of the Legislative Council by the Treasurer (Hon R I Lucas), Hon M J Elliott, Hon A J Redford, Hon T G Roberts and the 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 the following resolutions be agreed to.

 

As to amendments Nos 1 to 5

That the Legislative Council do not further insist on these amendments.

 

As to amendments Nos 6 to 9

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

 

19      Petitions Nos 172 to 176

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

 

172 to 175  Messrs Foley, Hamilton-Smith, Meier and Venning, from 373 residents of South Australia, requesting that the House strengthen the law in relation to prostitution and ban prostitution related advertising.

 

176             Mr Foley, from 2,318 residents of South Australia, requesting that the House ensure government funding of public libraries is maintained.

 

20      Paper

         The following Paper was tabled:

 

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

      Third Party Premiums Committee – Determinations – Private and Business

            Passenger Vehicles and Lawn Care Machines.

 

21      Questions

         Questions without notice were asked.

 

22      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

23      Messages from the Legislative Council

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

 

         Supply Bill                                                                                  Message No 91

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2001, without any amendment.

         Legislative Council, 6 July 2000                                                  J C Irwin, PRESIDENT

 

         Conference – Water Resources (Water Allocations) Amendment Bill

                                                                                                            Message No 92

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Water Resources (Water Allocations) Amendment Bill, has agreed to the same. The Bill is returned herewith.

         Legislative Council, 6 July 2000                                                  J C Irwin, PRESIDENT

 

Ordered - That the Speaker now leave the Chair and the House resolve itself into a Committee of the whole for the consideration of the recommendations of the Conference.

 

In Committee

 

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

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The House having resumed:

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

 

24      History Trust of South Australia (Old Parliament House) 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 8 agreed to.

                                                Clause No 9 read.

Mr Lewis moved to leave out clause 9 and insert new clause as follows:

Transitional provisions

                  9. Any contractual rights or liabilities of the History Trust of South Australia relating to the premises known as Old Parliament House are, by force of this section (and despite the provisions of any instrument), vested in the Joint Parliamentary Service Committee.

 

         Question – That the amendment be agreed to - put.

         Committee divided (No 3):

 


               Ayes, 21

 

Mr Atkinson

Ms Bedford

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Lewis (Teller)


Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Brown (Teller)


 

         So it passed in the negative.

 

                                               Clause agreed to.

                                               Clause No 10 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.

 

The Minister for Human Services moved – That this Bill be now read a third time.

Debate ensued.

Question put and passed.

Bill read a third time.

 

26      Highways (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.

 

In Committee

                                                Clauses Nos 1 to 3 agreed to.

                                                Clause No 4 amended and agreed to.

                                                Clauses Nos 5 to 26 agreed to.

                                                New Clauses Nos 27 to 29 inserted.

                                                Clause No 30 agreed to.

                                                New Clause No 31 inserted.

                                                Clause No 32 amended and agreed to.

                                                Clauses Nos 33 to 36 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 with amendments.

 

Bill read a third time and passed.

 

27      Native Title (South Australia)(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.

 

28      Adjournment

         House adjourned at 5.55 pm until Tuesday next at 2.00 pm.

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

CONTINGENT NOTICE OF MOTION

Contingently on the Statutes Amendment and Repeal (Attorney-General’s Portfolio) Bill being read a second time, Mr Atkinson to move – That it be an instruction to the Committee of the whole House on the Bill that it have power to consider new clauses relating to criminal injuries compensation.

 

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

 

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

 

         Division No 1 -

               Ayes - Ms Ciccarello, Mrs Geraghty, Mr Koutsantonis and Mr Snelling.

               Noes - Hon M R Buckby, Hon D C Kotz, Hon J W Olsen and Mrs Penfold.

 

         Division No 2 -

               Ayes - Ms Ciccarello, Mrs Geraghty, Mr Koutsantonis and Mr Snelling.

               Noes - Hon M R Buckby, Hon D C Kotz, Hon J W Olsen and Mrs Penfold.

 

         Division No 3 -

               Ayes – Ms Breuer.

               Noes - Hon J W Olsen.

 

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY