No 42

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 27 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       Conference – Statutes Amendment (Motor Accidents) Bill

The Minister for Education, Children’s Services and Training (Hon M R Buckby) moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Statutes Amendment (Motor Accidents) Bill.

Question put and passed.

 

3       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be a Notice of Motion for Thursday 24 September.

 

4       Select Committee on Public School Funding - Motion re

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)   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 resumed.

Question put.


 

      House divided (No 1):

 


              Ayes, 19

 

Mr Atkinson

Ms Bedford

Ms Breuer

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 (Teller)


        Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.

 

5       Messages from the Legislative Council

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

 

         Criminal Law (Sentencing) (Victim Impact Statements) Amendment

         Bill                                                                                              Message No 116

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law (Sentencing) Act 1988, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly

         Legislative Council, 26 August 1998                                                J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

        

         No 1     Page 1 – After line 12 insert new clause as follows:

                           Commencement

                                 1A. This Act will come into operation on a day to be fixed by proclamation.

 

         No 2     Page 1, lines 16 to 25 (clause 2) – Leave out subsections (10, (2) and (3) and insert new subsections as follow:

 

                                 (1) A person who has suffered injury, loss or damage resulting from an indictable offence committed by another may furnish the trial court with a written personal statement (a “victim impact statement”) about the impact of that injury, loss or damage on the person and his or her family.

 

                                 (2) A victim impact statement must comply with and be furnished in accordance with rules of court.

 

                                 (3) The court, on convicting the defendant of the offence –

                     (a)  will, if the person so requested when furnishing the statement, allow the person an opportunity to read the statement out to the court; and

 

                     (b)  in any other case, will cause the statement to be read out to the court.

 

                                                                                                            J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That Amendment No 1 be agreed to.

         Mr Atkinson moved - That Amendment No 2 be agreed to.

 

         Amendment to amendment

The Minister for Government Enterprises (Hon M H Armitage) moved to amend the amendment by inserting after subsection 2(3) the following new subsection:

 

      (3a) A person who has furnished a court with a victim impact statement is not liable to be examined or cross-examined on the statement and the statement has no evidentiary weight.

Question – That the amendment to the amendment be agreed to - put and negatived.

Question – That the amendment be agreed to - put and passed.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Education (School Closures and Amalgamations) Amendment

         Bill                                                                                              Message No 117

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Education Act 1972, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 26 August 1998                                                J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council.

 

         No 1     Page 3 (clause 3) – After line 3 insert new paragraph as follows:

                           (ca)     a person nominated by the Australian Education Union (S.A. Branch); and

 

         No 2     Page 3, lines 20 and 21 (clause 3) – Leave out subsection (8).

 

         No 3     Page 3, line 28 (clause 3) – Leave out “call” and insert:

Publish a notice of the proposed review in a newspaper circulating generally throughout the State, calling

 

No 4     Page 3 (clause 3) – After line 29 insert new paragraph as follows:

                  (ab)     obtain advice from experts in demographics and education as to the present and future use of those schools; and

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Mrs Maywald moved – That the amendments be disagreed to.

 

         To report progress and ask leave to sit again.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

6       Suspension of Standing and Sessional Orders

Mr Meier, without notice, moved - That Standing and Sessional Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Orders of the Day: Private Members Bills/ Committees/ Regulations are disposed of.

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

 

7       Education (School Closures and Amalgamations) Amendment Bill

Ordered - That the further consideration in Committee of the amendments of the Legislative Council in this Bill be now resumed.

 

In Committee

Mrs Maywald’s motion - That the amendments be disagreed to - further considered and agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had resolved to disagree to the same.

 

8       Education Act – Regulations – Materials and Services Charge - 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 Materials and Services Charge made on 28 May 1998 and laid on the Table of this House on 2 June 1998, be disallowed.

 

Deputy Speaker’s Ruling

The Deputy Speaker ruled that as the Regulations had already been disallowed in the Legislative Council the matter could not be proceeded with.

 

9       South Australian Health Commission (Health Services) 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 Hamilton-Smith, that the debate be further adjourned until Thursday 24 September.

 

10      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 4 and 5 be Orders of the Day for Thursday 24 September.


 

11      Door-to-Door Sales (Employment of Children) 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 Meier, that the debate be further adjourned until Thursday 24 September.

 

12      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 7 and 8 be postponed and taken into consideration after Order of the Day: Private Members Bills/Committees/Regulations No 9.

 

13      Criminal Law Consolidation (Intoxication) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clause No 2 further considered and agreed to.

                                                Clause No 3 amended and agreed to.

                                                Clause No 4 left out.

                                                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.

 

14      Technical and Further Education Act – Regulations – Principal Regulations - Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Ms White – That the Principal Regulations under the Technical and Further Education Act 1975, made on 28 August 1997 and laid on the Table of this House on 2 December 1997, be disallowed.

         Debate resumed.

         Question put.


 

         House divided (No 2):

 


                       Ayes, 19

 

Mr Atkinson

Ms Bedford

Ms Breuer

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 (Teller)


        Noes, 22

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon R B Buckby (Teller)


 

         So it passed in the negative.

 

15      Petition No 91

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

 

91   The Minister for Administrative Services (Hon W A Matthew), from 192 residents of South Australia, requesting that the House urge the Government to include the Hallett Cove Beach on the Coast Protection Board’s Sand Replenishment Program.

 

16      Answers to questions

Answers to questions on the Notice Paper Nos 181 to 195 were tabled by the Speaker.

 

17      Papers

         The following Papers were tabled:

 

          By the Premier (Hon J W Olsen) -

               Government Boards and Committees Information - 30 June 1998

 

          By the Minister for Multicultural Affairs (Hon J W Olsen) –

               Office of Multicultural and International Affairs – Report of the Review, April 1997

 

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

               Development Act -

                     Barossa Council, Interim Report on the Operation of - Mount Pleasant (DC) Development Plan - Taunton Area Plan Amendment Report

                     City of Charles Sturt, Interim Report on the Operation of - Hindmarsh and Woodville (City) Development Plan Coastal Areas Plan Amendment

               Ministerial Statement – Road Safety Management Arrangements.


 

18      Questions

         Questions without notice were asked.

 

19      Paper

         The Speaker laid on the Table the following paper:

 

      Summary of Members Travel for 1997-98.

 

20      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

21      Conference – Statutes Amendment (Motor Accidents) Bill

The Minister for Education, Children’s Services and Training (Hon M R Buckby) reported as follows:

I have to report that the Managers have been at the Conference on the Statutes Amendment (Motor Accidents) Bill, which was managed on the part of the Legislative Council by the the Treasurer (Hon R I Lucas), Hon M J Elliott, Hon P Holloway, Hon A J Redford and Hon N Xenophon and we there received the Bill together with the resolution adopted by that House and thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that -

 

As to Amendments Nos. 1 to 4 -

 

     That the Legislative Council no longer insists on its disagreement.

 

As to Amendment No. 5 -

 

             That the House of Assembly amends its amendment by leaving out all the words after “Leave out section 124AC” and that the Legislative Council agrees thereto.

 

As to Amendment No. 6 -

 

                    That the House of Assembly amends its amendment by inserting after subclause (3):

 

                    (4) The insurer must, after acquiring the vehicle, allow inspection and, if necessary, testing, of the vehicle, on reasonable terms and conditions, by—

 

                    (a)         any person who is or may become a party to proceedings in respect of death or bodily injury caused by or arising out of the use of the vehicle; or

 

                    (b)        any person who otherwise has a proper interest in inspecting the vehicle; or

 

                    (c)         any agent of a person referred to in paragraph (a) or (b).

 

                    and that the Legislative Council agrees thereto.

 

As to Amendments Nos. 7 to 10 -

 

                    That the Legislative Council no longer insists on its disagreement.


 

As to Amendment No. 11 -

 

             That the House of Assembly amends its amendment by inserting after “paragraph (a)” the words “and substitute:

 

             (a)   require that, for the purposes of this section, the regulations made for the purposes of section 32 of the Workers Rehabilitation and Compensation Act 1986 be read subject to modifications specified in the notice;”

 

                    and that the Legislative Council agrees thereto.

 

As to Amendment No. 12 -

 

             That the Legislative Council no longer insists on its disagreement and the House of Assembly makes the following additional amendment:

 

                    Clause 9, page 4, lines 2 to 12—Leave out subsection (3) and insert:

 

        (3) The Minister must, before issuing a notice under subsection (2)(a) or a notice varying or revoking such a notice, consult with professional associations representing the providers of services to which the notice relates.

 

                    and that the Legislative Council agrees thereto.

 

As to Amendment No. 13 -

 

             That the Legislative Council no longer insists on its disagreement and the House of Assembly makes the following additional amendment:

 

                    Clause 9, page 4—After new subsection (4b) insert:

 

        (4c) Proceedings may not be commenced under subsection (4b)(a) in relation to a charge for a prescribed service for which there is not a prescribed limit and to which a prescribed scale does not apply if, prior to the injured person being charged for the service, the insurer agreed to the amount of the charge.

 

             (4d) Proceedings may not be commenced under subsection (4b) unless the insurer has—

 

                    (a)                       first given the service provider notice that the insurer claims the charge to be excessive or the services to be inappropriate or unnecessary, as the case may be, and of the reasons for the claim; and

 

                    (b)                       allowed at least 30 days from the giving of the notice for the service provider and any professional association or other person acting on behalf of the service provider to respond to the claim and consult with the insurer; and

 

                    (c)                       given due consideration to any response to the claim and proposals for settlement of the matter made by or on behalf of the service provider; and

 

                    (d)                       given the service provider notice of the result of the insurer’s consideration of the matter and allowed a further period of 30 days to elapse from the giving of that notice for any further consultations if requested by the service provider.

 

                    and that the Legislative Council agrees thereto.

 

As to Amendment No. 14 -

 

             That the House of Assembly amends its amendment by inserting after “subsections (6), (7) and (8)” the words “and substitute:

 

        (6)  Proceedings may not be commenced under subsection (4b) or for an offence against subsection (5) in respect of prescribed services provided in relation to bodily injury caused by or arising out of the use of a motor vehicle unless liability to damages (whether being the whole or part only of the amount claimed) in respect of that injury has been accepted by or established against an insured person or the insurer.

 

        (7)  Proceedings for an offence against subsection (5) may be commenced at any time within 12 months after—

 

            (a)         liability to damages (whether being the whole or part only of the amount claimed) has been accepted or established as referred to in subsection (6); or

 

                    (b)         receipt by the insurer of an account for payment of the charge to which the proceedings relate,

 

                    whichever is the later.

 

        (8)  In proceedings for an offence against subsection (5) it is a defence if the defendant proves that, at the time the defendant charged for the services, the defendant, having made reasonable inquiries, had reason to believe that neither an insured person nor the insurer has or might have any liability to damages in respect of the injury.”

      

       As to Amendment No. 15 -

 

                    That the Legislative Council no longer insists on its disagreement.

 

       As to Amendments Nos. 16 and 17 -

 

                    That the House of Assembly no longer insists on its amendments.

 

As to Amendment No. 18 -

 

                    That the Legislative Council no longer insists on its disagreement.

 

As to Amendments Nos. 19 to 21 -

 

                    That the House of Assembly no longer insists on its amendments.

 

 

In Committee

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

____________

 

The House having resumed:

Hon G M Gunn reported that the Committee had considered the recommendations from the Conference and had agreed to the same.

 

22      Suspension of Standing Orders

The Deputy Premier (Hon R G Kerin), without notice, moved - That Standing Orders be so far suspended as to enable Orders of the Day: Private Members Bills/Committee/Regulations Nos 8 and 11; and Orders of the Day: Other Motions Nos 1, 2, 3, 5, 6, 9 and 11 to be taken into consideration forthwith and any necessary question put, without any further debate.

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

 

23      Select Committee on Certain Matters relating to Primary and Secondary Education –

         Motion re

Order of the Day read for the adjourned debate on the motion of Ms White - That a Select Committee be established to consider and report on the following matters of importance to primary and secondary education in South Australia:

(a)   the financial and operational impacts on school and learning of the introduction of information technology to South Australian Government schools including the EDSAS and DECStech 2000 Technology Programmes;

(b)   issues relating to the provision of education to country students and the disadvantages they face;

(c)   the effects of school closures on the provision of education to school communities;

(d)   the fall in retention rates to year 12 and the related issues of the recognition of vocational education within the South Australian Certificate of Education and the transition of students from school to employment; and

(e)   any other related matter; and

     that the Minutes of Proceedings and Evidence to the 1996 Legislative Council Select Committee on Pre-school, Primary and Secondary Education in South Australia be requested for referral to the Committee.

         Question put.

 

         House divided (No 3):

 


                       Ayes, 17

 

Mr Atkinson

Ms Bedford

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White (Teller)


        Noes, 22

 

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.


 

24      Correctional Services (Victim Protection) Amendment Bill

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

         Question put.

         House divided (No 4):

 


                       Ayes, 18

 

Ms Bedford

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 Atkinson (Teller)


        Noes, 22

 

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.

 

25      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.

         Question put and negatived.

 

26      Bank Closures in Country - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House condemns the major banks for the closure of many branches in country regions with no consideration for the impact on local communities.

Which Mr Clarke has moved to amend by inserting after the word “regions” the following:

         “and the State and Federal Liberal Governments for their neglect of rural and regional areas of South Australia, in particular for their employment policies which have seen many public sector jobs both State and Federal lost to regional South Australia”.

         Question – That the amendment be agreed to – put.


 

         House divided (No 5):

 


                       Ayes, 17

 

Mr Atkinson

Ms Bedford

Mr Conlon

Mr De Laine

Mr Foley

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 Clarke (Teller)


        Noes, 21

 

Hon M K Brindal

Mr Brokenshire

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.

         Question – That the motion be agreed to – put.

 

         House divided (No 6):

 


                       Ayes, 18

 

Hon M K Brindal

Mr Brokenshire

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Hon D C Wotton

Mr Venning (Teller)


        Noes, 20

 

Mr Atkinson

Ms Bedford

Mr Conlon

Mr De Laine

Mr Foley

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr Clarke (Teller)


 

         So it passed in the negative.


 

27      Federal Child Care Budget Cuts - Motion re

Order of the Day read for the adjourned debate on the motion of Ms White - That this House –

      (a)  condemns the Federal Government for cutting $1 billion from child care after three budgets;

      (b)  notes that this has forced an increase in fees for child care, closure of fourteen South Australian child care centres, the loss of an estimated 200 child care workers and has threatened the viability of many other child care services;

      (c)  expresses concern that as a result of the cuts, child care is no longer affordable for many families, that working parents have been disadvantaged and in some cases have to forego employment and study; and

               (d)  calls on the Federal Government to reinstate adequate funding to child care in South Australia.

Which Ms Thompson has moved to amend by leaving out the word “fourteen” and inserting in lieu thereof the word “fifteen”.

         Question – That the amendment be agreed to - put and negatived.

         Question – That the motion be agreed to – put.

         House divided (No 7):

 


                       Ayes, 17

 

Mr Atkinson

Ms Bedford

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White (Teller)


        Noes, 21

 

Hon M K Brindal

Mr Brokenshire

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.

 


 

28      Federal Funding Changes - Motion re

Order of the Day read for the adjourned debate on the motion of Ms Stevens - That this House condemns the Federal Government for its harsh and unconscionable treatment of older Australians through:

(a)  changes to the Pharmaceutical Benefits Scheme that will make vital medicines more

      expensive;

(b)  changes to aged care arrangements resulting in a $12 fee per day for accommodation and increased daily fees for nursing home residents and an increase of $5.50 per week in fees for hostel residents;

(c)  scrapping the Commonwealth Dental Scheme;

(d)  introduction of a user pays component for recipients of services from the Home and Community Care Programme.

Question – That the motion be agreed to – put.


 

House divided (No 8):

 


              Ayes, 17

 

Mr Atkinson

Ms Bedford

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Ms Stevens (Telller)


        Noes, 21

 

Hon M K Brindal

Mr Brokenshire

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

                    Mr Meier (Teller)


 

         So it passed in the negative.

 


 

29      Grand Junction Road Traffic – Motion re

Order of the Day read for the adjourned debate on the motion of Mr De Laine - That this House –

(a)  opposes the Government’s proposal to establish a twelve hour per day clearway on Grand Junction Road between South and Port Roads;

(b)  opposes the Government’s decision to allow A-Double Road Trains to operate on Grand Junction Road between South and Port Roads;

(c)  calls on the Government to put a freeze on both proposals until a thorough assessment is made of the whole situation; and

(d)  calls on the Government to investigate other options for sea cargo to be transported to both the Port River in line with its 1997 election promise.

Which Mr Venning has moved to amend by leaving out all words after the word “House“ and inserting in lieu thereof the following:

“(a) notes the proposal by Transport SA to establish a twelve hour per day clearway on Grand Junction Road between South and Port Roads has been referred to the Corporations of Charles Sturt and Port Adelaide for consideration and public consultation;

(b)  notes the proposal is based on Australian Standard 1742 – 1989, Part II which provides that where one way traffic volumes exceed 800 vehicles per hour, the installation of the clearway is recommended to achieve two clear travelling lanes;

(c)  notes the proposal is unrelated to the decision to allow A-Double Road Trains to operate on Grand Junction Road between South and Port Roads;

(d)  recognises that A-Double Road Train access to the Northern Adelaide metropolitan area from 1 March 1998 has been restricted to operators accredited under the TruckSafe or similar alternative scheme;

(e)  acknowledges that the A-Double Road Train access initiative will generate transport savings of more than $4 million a year to the South Australian community and enable producers of farm and manufactured goods to be more competitive, and exports to be transported more efficiently.”

         Question – That the amendment be agreed to – put.

 


         House divided (No 9):

 

 


                       Ayes, 21

 

Hon M K Brindal

Mr Brokenshire

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


        Noes, 17

 

Mr Atkinson

Ms Bedford

Mr Clarke

Mr Conlon

Mr Foley

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 De Laine (Teller)


 

         


          So it was resolved in the affirmative.


         Question that the motion as amended be agreed to - put and passed.

 

30      European Wasps - Motion re

Order of the Day read for the adjourned debate on the motion of Hon D C Wotton - That this House commends the Government on its decision to maintain funding to assist in the control of European wasps and also its commitment to further research issues relating to their eradication and urges the Government not to support the imposition on property owners of a removal fee for wasp nests as this could discourage people from reporting the presence of wasps and would therefore be to the detriment of the program.

Which the Minister for Local Government (Hon M K Brindal) has moved to amend by leaving out all the words after the word “eradication”.

         Question – That the amendment be agreed to – put and passed.

         Question – That the motion as amended be agreed to – put and passed.


 

31      National Farmers Federation - Labour Relations - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Clarke - That this House condemns the Federal Liberal Government and the National Farmers Federation for their provocative approach to water front reforms in Australia, and in particular:

(a)  their support for current and past serving members of the Australian Defence Forces to participate in an ill fated overseas strike breaking training exercise;

(b)  their support for the conspiracy entered into between Patrick Stevedores and the National Farmers Federation front company to establish a union busting stevedoring company at Webb Dock, Victoria;

     and calls on the Federal Government and the National Farmers Federation to recognise that just and fairly negotiated settlements between management, unions and the workers involved can achieve more in terms of productivity and improved labour relations.

Which Mr Meier has moved to amend by leaving out all words after the word “House” and inserting in lieu thereof the following:

 (a) recognises the need for waterfront reform in Australia;

(b)  urges all parties involved in waterfront reform to work to ensure its success; and

(c)  commends all those involved in the reform that has been achieved, thus far, at the Port Adelaide.”

         Question – That the amendment be agreed to – put.

         House divided (No 10):

 


                       Ayes, 21

 

Hon M K Brindal

Mr Brokenshire

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


        Noes, 17

 

Mr Atkinson

Ms Bedford

Mr Conlon

Mr De Laine

Mr Foley

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 Clarke (Teller)


 

        


         So it was resolved in the affirmative.

        


         Question – That the motion as amended be agreed to – put.


 


 

        


         House divided (No 11):


 

 


                       Ayes, 21

 

Hon M K Brindal

Mr Brokenshire

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)


        Noes, 17

 

Mr Atkinson

Ms Bedford

Mr Conlon

Mr De Laine

Mr Foley

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 Clarke (Teller)


 

         So it was resolved in the affirmative.

 


 

32      Next day of sitting

The Deputy Premier moved - That the House at its rising adjourn until Tuesday 22 September 1998 at 2.00 pm.

         Question put and passed.

 

33      Messages from the Legislative Council

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

 

         Police (Complaints and Disciplinary Proceedings) (Miscellaneous)

         Amendment Bill                                                                          Message No 118

MR SPEAKER – The Legislative Council has, in lieu of its Amendment No 1 to which the House of Assembly has disagreed in the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill, made the Alternative Amendment indicated by the annexed Schedule, to which Alternative Amendment the Legislative Council desires the concurrence of the House of Assembly. The Bill is returned herewith.

         Legislative Council, 27 August 1998                                                J C Irwin, PRESIDENT

 

         Schedule of the Legislative Council’s alternative amendment to its Amendment No 1 to which the House of Assembly has disagreed

 

               Page 1, line 21 (clause 4) – After “amended” insert:

                     -

 

                     (a) by inserting after subsection (2) the following subsection:

 

   (2a) The commissioner or person representing the Commissioner in proceedings before the Tribunal must, at the commencement of the proceedings, indicate to the Tribunal which of the following categories of punishment the Commissioner considers would, on the facts then known to the Commissioner, most likely be appropriate if the Tribunal finds the member guilty of the breach of discipline:

 

   (a)     category A – termination or suspension of the member’s appointment or reduction in the member’s rank for an indefinite period;

 

   (b)     category B – transfer of the member (without reduction in rank for an indefinite period), reduction of the member’s remuneration, reduction in the member’s seniority or imposition of a fine;

 

   (c)     category C – withdrawal of specified rights or privileges, a recorded or unrecorded reprimand, counselling, education or training or action of a kind prescribed by regulation.;

 

(b)

 

                                      J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the alternative amendment be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the alternative amendment referred to it and had agreed to the same without amendment.

 

         Pollution of Waters by Oil and Noxious Substances (Miscellaneous)

         Amendment Bill                                                                          Message No 119

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Pollution of Waters by Oil and Noxious Substances Act 1987, to which it desires the concurrence of the House of Assembly

         Legislative Council, 27 August 1998                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the Pollution of Waters by Oil and Noxious Substances (Miscellaneous)

      Amendment Bill to pass through its remaining stages without delay.

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

 

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

         Debate ensued.

Ordered, on motion of Mr Atkinson, by leave, that the debate be adjourned and resumed on motion.

 

34      Extension of sitting

The Deputy Premier moved - That the sitting of the House be extended beyond 6.00pm.

Question put and passed.

 

35      Pollution of Waters by Oil and Noxious Substances (Miscellaneous) Amendment Bill  

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

Debate resumed.

         Question put and passed.

        

         Bill read a second time.

 

In Committee

                                                Clause No 1 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 motion.

 

36      Message from the Legislative Council

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

 

         National Parks and Widlife (Bookmark Biosphere Trust)

         Amendment Bill                                                                          Message No 120

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the National Parks and Wildlife Act 1972, without any amendment.

         Legislative Council, 27 August 1998                                                J C Irwin, PRESIDENT

 

37      Suspension and resumption of sitting

         At 6.05 pm the sitting of the House was suspended.

         At 11.56 pm the Speaker resumed the Chair.

 

38      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

39      Pollution of Waters by Oil and Noxious Substances (Miscellaneous) Amendment Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

                                                Clauses Nos 1 to 4 agreed to.

___________

 

It being Midnight

Friday 28 August 1998

____________

 

                                                Clauses No 5 to 17 agreed to.

                                                Schedules Nos 1 and 2 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.

 

Bill read a third time and passed.

 

40      Messages from the Legislative Council

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

 

         Local Government Finance Authority (Board Membership)

         Amendment Bill                                                                          Message No 121

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Finance Authority Act 1983, without any amendment.

         Legislative Council, 27 August 1998                                                J C Irwin, PRESIDENT

 

         Southern State Superannuation (Merger of Schemes) Amendment

         Bill                                                                                              Message No 122

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Southern State Superannuation Act 1994; to make a related amendment to the Superannuation Funds Management Corporation of South Australia Act 1995; and to repeal the Superannuation (Benefit Scheme) Act 1992, without any amendment.

         Legislative Council, 27 August 1998                                                J C Irwin, PRESIDENT

 

Pastoral Land Management and Conservation (Board Procedures, Rent, etc.)

Amendment Bill                                                                          Message No 123

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Pastoral Land Management and Conservation Act 1989, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 27 August 1998                                                J C Irwin, PRESIDENT

 

Schedule of amendments made by the Legislative Council

        

         No 1     Page 2 – After line 12 insert new clause as follows:

                     Insertion of s.18A

      3A. The following section is inserted in Division 2 of Part 3 of the principal Act after section 18:

      Annual report

           18A.  (1) The Board must, no later than 30 September in each year, furnish the Minister with a report of its operations during the preceding financial year.

           (2) The Minister must, within 12 sitting days of receiving a report, have copies of it laid before both Houses of Parliament.

 

No 2     Page 4, lines 24 and 25 (clause5) – Leave out paragraph (b) and insert new paragraph as follows:

 

            (b)  by striking out from subsection (3) “A lessee who is dissatisfied with the decision of a licensed valuer on a review under subsection (2)” and substituting “If a lessee or the Valuer-General is dissatisfied with the decision of a land valuer on a review under subsection (2), he or she”;


 

No 3     Page 6, line 1 (Schedule) – Leave out all words in this line.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Statutes Amendment (Motor Accidents) Bill                                Message No 124

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Statutes Amendment (Motor Accidents) Bill, has agreed thereto.

         Legislative Council, 27 August 1998                                                J C Irwin, PRESIDENT

 

         Subordinate Legislation (Miscellaneous) Amendment Bill         Message No 125

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Subordinate Legislation Act 1978, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 27 August 1998                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for Thursday 24 September.

 

41      Suspension and resumption of sitting

         At 12.54 am the sitting of the House was suspended.

         At 2.09 am the Speaker resumed the Chair.

 

42      Message from the Legislative Council

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

 

         Emergency Services Funding Bill                                               Message No 126

MR SPEAKER – The Legislative Council has agreed to the Bill returned herewith, titled an Act to impose a levy for the provision of emergency services; to establish the Community Emergency Services Fund; to amend the Country Fires Act 1989, the South Australian Metropolitan Fire Service and the Valuation of Land Act 1971; and for other purposes, with the suggested amendments indicated by the annexed Schedule, to which suggested amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 27 August 1998                                                J C Irwin, PRESIDENT

 

Schedule of the suggested amendments made by the Legislative Council

 

          No. 1. Page 2 (clause 3) - After line 27 insert new paragraph as follows:

                   (ba)      in relation to land dedicated by or under any other Act being land that has not been granted in fee simple but which is under the care, control and management of a Minister, body or other person—the Minister, body or other person;

 

 

No. 2.  Page 3, line 3 (clause 3) - Leave out “Part” and insert:

                                 Act

 

          No. 3.  Page 3, after line 11 - Insert new Part as follows:

                                                                          PART 1A

                               THE EMERGENCY SERVICES FUNDING ADVISORY COMMITTEE

 

             The Emergency Services Funding Advisory Committee

 

                    3A.  (1)  The Emergency Services Funding Advisory Committee is established.

 

                    (2)  The Committee consists of six members appointed by the Governor of whom—

 

                    (a)         three have been nominated by the Minister; and

 

                    (b)        one has been nominated by the Local Government Association of South Australia; and

 

                    (c)         one has been nominated by the South Australian Farmers Federation Incorporated; and

 

                    (d)         one has been nominated jointly by the Property Council of Australia Limited and the Real Estate Institute of South Australia Incorporated.

 

                    (3)  The Governor will designate one of the members to preside at meetings of the Committee.

 

                    (4)  A member of the Committee will be appointed for a term of office, not exceeding three years, specified in the instrument of appointment and, on completion of the term of appointment, will be eligible for reappointment.

 

                    (5)  The Governor must remove a member of the Committee at the request of the person or body or bodies who nominated the member.

 

                    (6)  A person or body may request the Governor to remove a member of the Committee appointed on his, her or its nomination on any ground that the person or body considers sufficient.

 

                    (7)  The office of a member of the Committee becomes vacant if the member—

 

                    (a)         dies; or

 

                    (b)        completes a term of office and is not reappointed; or

 

                    (c)         resigns by written notice to the Minister; or

 

                    (d)         is removed from office by the Governor under subsection (5).


 

                    (8)  On the occurrence of a vacancy in the membership of the Committee a person will be appointed in accordance with this section to the vacant office but the validity of acts and proceedings of the Committee is not affected by the existence of a vacancy or vacancies in its membership.

 

                    (9)  A meeting of the Committee will be chaired by the member appointed to preside, or, in the absence of that member, a member chosen by those present.

 

                    (10)  A quorum of the Committee consists of four members of the Committee.

 

                    (11)  A decision carried by a majority of the votes of the members present at a meeting of the Committee is a decision of the Committee.

 

                    (12)  Each member present at a meeting of the Committee is entitled to one vote on any matter arising for decision at that meeting.

 

                    (13)  The function of the Committee is to consult and advise the Minister under section 9.

 

                    (14)  A member of the Committee is entitled to such fees and allowances as may be determined by the Governor.

 

                   No. 4.                   Page 6, line 21 (clause 7) - Leave out “the council in whose area the land is situated”

                    and insert:

                    the Valuer-General

 

          No. 5.  Page 6, lines 23 to 25 (clause 7) - Leave out subclause (3).

 

 

          No. 6.  Page 7, lines 10 and 11 (clause 8) - Leave out “a council or”.

 

 

No. 7.  Page 8, lines 8 to 11 (clause 9) - Leave out subclauses (4) and (5) and insert:

                    (4)  The Minister must, before making a recommendation to the Governor under subsection (1) determine -

 

                    (a)         the amount that, in the Minister’s opinion, needs to be raised by means of the levy under this Division to fund emergency services in the relevant financial year; and

 

                    (b)        the amounts to be expended in that financial year for various kinds of emergency services and the other purposes referred to in section 27(4); and

 

                    (c)         as far as practicable, the extent to which the various parts of the State will benefit from the application of that amount.

 

                    (5)  Before making a recommendation to the Governor under subsection (1) as to the amount of the levy and the values of the area factors and the land use factors to be included in the notice published under that subsection and before making the determinations under subsection (4) the Minister must consult and consider the advice (which must be in writing) of the Emergency Services Funding Advisory Committee.

 

                    (5a)  A notice published under subsection (1) must -

 

                    (a)         include a statement of the amount determined by the Minister under subsection (4)(a); and

 

                    (b)        include a description of the method used in determining that amount; and

 

                    (c)         where the Minister did not follow the advice of the Emergency Services Funding Advisory Committee referred to in subsection (5) in making one or more of the determinations under subsection (4) or in his or her recommendation to the Governor as to the amount of the levy or the values of the area factors or the land use factors—include the advice or that part of the advice of the Committee referred to in subsection (5) that relates to the matter or matters on which the Committee’s advice was not followed and the Minister’s reasons for not following the advice.

 

                    (5b)  The Minister must, as soon as practicable after the publication of a notice under subsection (1), cause a copy of the notice and the Committee’s advice referred to in subsection (5) to be laid before both Houses of Parliament.

 

 

No. 8.  Page 8, line 26 (clause 10) - Leave out “10 per cent” and insert:

                      11 per cent

 

No. 9.   Page 8, line 27 (clause 10) - Leave out “section 9(4)” and insert:

                     section 9(4)(a)

 

No. 10. Page 9 (clause 10) - After line 4 insert:

                            (5)        This section expires on 30 June 2002.

 

No. 11. Page 12, line 24 (clause 19) - Leave out “one year” and insert:

                      two years

 

No. 12. Page 19, line 27 (clause 31) - Leave out “section 220” and insert:

                    section 109X

 

No. 13. Page 19 - After line 27 insert new clause as follows:

 

                   Remission of levies by regulation

                            31A. (1) The Governor may, on the recommendation of the Minister, make regulations for the remission of one or both of the levies imposed under this Act for the benefit of—

 

                    (a)         persons who are entitled to pensions, benefits, allowances or other payments under the Social Security Act 1991 of the Commonwealth;

 

                    (b)        charitable organisations;

 

                    (c)         persons who are suffering financial hardship.

 

                            (2)  The Minister must in each year, before making a recommendation to the Governor as to the levies to be declared under this Act, consider whether he or she should make a recommendation to the Governor under subsection (1) as to the making or varying of regulations under this section.

 

No. 14. Page 21 (Schedule 2) - After line 2 insert Heading as follows:

                      Amendment of other Acts

 

No. 15. Page 21 (Schedule 2) - After line 22 insert Heading as follows:

                      Transitional Provisions

 

No. 16. Page 21 (Schedule 2) - After line 37 insert new clauses as follow:

               The Emergency Services Funding Transitional Advisory Committee

                    5. (1)  The Emergency Services Funding Transitional Advisory Committee is established.

 

                    (2)  The Committee consists of six members appointed by the Minister of whom three have been nominated by the Local Government Association of South Australia.

 

                    (3)  The Minister will designate one of the members to preside at meetings of the Committee.

 

                    (4)  The term of office of members of the Committee is until the dissolution of the committee (see
subclause (15)
).

 

                    (5)  The Minister—

 

                    (a)         may remove a member of the Committee who was not appointed on the nomination of the Local Government Association of South Australia on any ground that the Minister considers sufficient;

 

                    (b)        must remove a member of the Committee appointed on the nomination of the Local Government Association of South Australia if requested to do so by the association.

 

                    (6)  The Local Government Association of South Australia may request the Minister to remove a member of the Committee appointed on its nomination on any ground that the association considers sufficient.

 

                    (7)  The office of a member of the Committee becomes vacant if the member—

 

                    (a)         dies; or

 

                    (b)        resigns by written notice to the Minister; or

 

                    (c)         is removed from office by the Minister under subclause (5).

 

                    (8)  On the occurrence of a vacancy in the membership of the Committee, a person will be appointed in accordance with this clause to the vacant office, but the validity of acts and proceedings of the Committee is not affected by the existence of a vacancy or vacancies in its membership.

 

                    (9)  A meeting of the Committee will be chaired by the member appointed to preside, or, in the absence of that member, a member chosen by those present.

 

                    (10)  A quorum of the Committee consists of four members of the Committee.

 

                    (11)  A decision carried by a majority of the votes of the members present at a meeting of the Committee is a decision of the Committee.

 

                    (12)  Each member present at a meeting of the Committee is entitled to one vote on any matter arising for decision at that meeting and, if the votes are equal, the person chairing the meeting is entitled to a second or casting vote.

 

                    (13)  The functions of the Committee are—

 

                    (a)         to advise the Minister, at his or her request, on questions and arrangements relating to the transition from the previous method of funding emergency services to the funding of those services by means of levies under this Act; and

 

                    (b)        such other functions as are determined by the Minister or are prescribed by regulation.

 

                    (14)  A member of the Committee is entitled to such fees and allowances as may be determined by the Governor.

 

                    (15)  The Committee is dissolved at the expiration of 30 June 2001.

 

             Crown to be taken to be owner of certain land

                    6.  (1)  The following provisions apply in relation to land referred to in subclause (2) during the period from the commencement of this Act up to and including 30 June 2001:

 

                    (a)         the Crown will be taken to be the owner of the land for the purposes of this Act; and

 

                    (b)        section 10(1) relates to the land as though it were referred to in subsection (2) of that section.

 

                    (2)  Subclause (1) applies to land if—

 

                    (a)         the land is under the care, control and management of a council; and

 

                    (b)        the land is—

 

                                (i)           dedicated land within the meaning of the Crown Lands Act 1929 that has not been granted in fee simple; or

 

                                (ii)           dedicated land within the meaning of the Crown Lands Act 1929 that has been granted in fee simple in trust for the purposes for which the land was dedicated; or


 

                                (iii)          land comprising—

·       park lands; or

·       a cemetery; or

·       a coastal reserve; or

·       a road reserve; and

 

                    (c)         the land—

 

                                (i)           is not used predominantly by the council for its operations; or

 

                                 (ii)           is not subject to one or more leases or licences granted by the council to another person for a rent or fee (except a nominal rent or fee) the term (or the aggregate of the terms) of which exceeds six months in any period of 12 months.

 

                    (3)  In this clause—

 

                    “coastal reserve” means land reserved or set apart for any purpose if any part of the land is within 50 metres of the sea at high water.

 

                    “park lands” means—

 

                                (a)          public parks and park lands including the park lands in the area of the Corporation of the City of Adelaide; and

                                (b)          all other land declared or set apart as a park or reserve for the use and enjoyment of the public.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the suggested amendments be taken into consideration forthwith.

 

In Committee

         Resolved - That the suggested amendments be agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the suggested amendments referred to it and had agreed to the same without amendment.

 

43      Joint Committee on Transport Safety

The Deputy Premier, by leave, moved – That the Members of this House appointed to the Joint Committee on Transport Safety have power to act on that Committee during the recess.

Question put and passed.

 

44      Adjournment

         House adjourned at 2.42 am until Tuesday 22 September at 2.00 pm.

 

____________

 

 

 

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

         For Thursday 27 September 1998

 

Hon M D Rann to move – That this House applaud the great contribution to our State, Nation and to cricket of Sir Donald Bradman on his ninetieth birthday.

 

____________

 

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

 

         Division No 1 -

               Ayes - Ms Ciccarello and Mr Wright.

               Noes - Hon D C Brown and Hon G A Ingerson.

 

         Division No 2 -

               Ayes - Ms Ciccarello and Mr Wright.

               Noes - Hon G A Ingerson and Mr Lewis.

 

         Division No 3 -

               Ayes - Ms Breuer, Ms Ciccarello and Mr Wright.

               Noes - Hon M H Armitage, Hon G A Ingerson and Mr Lewis.

 

         Division No 4 -

               Ayes - Ms Breuer, Ms Ciccarello and Mr Wright.

               Noes – Hon M H Armitage, Hon G A Ingerson and Mr Lewis.

 

         Division No 5 -

               Ayes - Ms Breuer, Ms Ciccarello, Mrs Geraghty and Mr Wright.

               Noes - Hon M H Armitage, Hon D C Brown, Hon G A Ingerson and Mr Lewis.

 

         Division No 6 -

               Ayes - Hon M H Armitage, Hon D C Brown, Hon G A Ingerson and Mr Lewis.

               Noes – Ms Breuer, Ms Ciccarello, Mrs Geraghty and Mr Wright.

 

         Division No 7 -

               Ayes - Ms Breuer, Ms Ciccarello, Mrs Geraghty and Mr Wright.

               Noes - Hon M H Armitage, Hon D C Brown, Hon G A Ingerson and Mr Lewis.

 

         Division No 8 -

               Ayes - Ms Breuer, Ms Ciccarello, Mrs Geraghty and Mr Wright.

               Noes – Hon M H Armitage, Hon D C Brown, Hon G A Ingerson and Mr Lewis.

 

         Division No 9 -

               Ayes - Hon M H Armitage, Hon D C Brown, Hon G A Ingerson and Mr Lewis.

               Noes - Ms Breuer, Ms Ciccarello, Mrs Geraghty and Mr Wright.

 

         Division No 10 -

               Ayes - Hon M H Armitage, Hon D C Brown, Hon G A Ingerson and Mr Lewis.

               Noes - Ms Breuer, Ms Ciccarello, Mrs Geraghty and Mr Wright.

 

 

         Division No 11 -

               Ayes - Hon M H Armitage, Hon D C Brown, Hon G A Ingerson and Mr Lewis.

               Noes - Ms Breuer, Ms Ciccarello, Mrs Geraghty and Mr Wright.

 

 

         Present during the day - All Members except Hon G A Ingerson and Mr Wright.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 27 AUGUST 1998

 

Department of the Premier and Cabinet

Adelaide, 27 August 1998

 

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in Parliament assembled, viz:

 

         No 42 of 1998 – An Act to amend the Freedom of Information Act 1991.

No 43 of 1998 – An Act to amend the Valuation of Land Act 1971 and make consequential amendment to the Local Government Act 1934.

No 44 of 1998 – An Act to amend the Wheat Marketing Act 1989; and to make a related amendment to the Barley Marketing Act 1993.

 

                                       By command,

DIANNA LAIDLAW, for Premier

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 3 SEPTEMBER 1998

 

Department of the Premier and Cabinet

Adelaide, 3 September 1998

 

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in parliament assembled, viz:

 

No 45 of 1998 – An Act to provide for the fixing and recovery of fees relating to aircraft activities.

No 46 of 1998 – An Act to repeal the Bulk Handling of Grain Act 1955.

No 47 of 1998 – An Act to establish mechanisms to enhance the role of the City of Adelaide and the capital city of South Australia; to make special provision in relation to the local governance of the City of Adelaide; and for other purposes.

No 48 of 1998 – An Act to amend the Criminal Law (Sentencing) Act 1998.

No 49 of 1998 – An Act to amend the Liquor Licensing Act 1997.

No 50 of 1998 – An Act to amend the Legal Practitioners Act 1981.

No 51 of 1998 – An Act to amend the Local Government Finance Authority Act 1983.

No 52 of 1998 – An Act to amend the Local Government Act 1934.

No 53 of 1998 – An Act to amend the Motor Vehicles Act 1959.

No 54 of 1998 – An Act to amend the National Parks and Wildlife Act 1972.

No 55 of 1998 – An Act to make for provision for the establishment and management of South Australia Police; to repeal the Police Act 1952; to make consequential amendments to the Acts Interpretation Act 1915 and the Police Superannuation Act 1990; and for other purposes.

No 56 of 1998 – An Act to amend the Police (Complaints and Disciplinary Proceedings) Act 1985.

No 57 of 1998 – An Act to make provision for schemes establishing funds for primary industry purposes; to amend the Livestock Act 1997; and for other purposes.

No 58 of 1998 – An Act to repeal the Road Traffic Act 1961.

No 59 of 1998 – An Act to amend the Acts Interpretation Act 1915, the Criminal Law Consolidation Act 1935, the Environment, Resources and Development Court Act 1993, the Evidence (Affidavits) Act 1928, the Land Acquisition Act 1969, the Oaths Act 1936, the Partnerships Act 189, the Police (Complaints and Disciplinary Proceedings) Act 1985, the Public Trustee Act 1995, the State Records Act 1997, the Strata Titles Act 1988, the Wills Act 1936 and the Youth Court Act 1993.

No 60 of 1998 – An Act to amend the Correctional Services Act 1982; the Courts Administration Act 1993; the Criminal Injuries Compensation Act 1978; the Criminal Law (Sentencing) Act 1988; the Expiation of Offences Act 1996; the Magistrates Court Act 1991; the Motor Vehicles Act 1959; the Summary Procedure Act 1921; and for other purposes.

No 61 of 1998 – An Act to amend the Tobacco Products Regulation Act 1997.

 

                                                               By command,

            M R BUCKBY, for Premier

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 10 SEPTEMBER 1998

 

Department of the Premier and Cabinet

Adelaide, 10 September 1998

 

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and the House of Assembly in parliament assembled, viz.:

 

No 62 of 1998 – An Act to give effect to a co-operative scheme for dealing with crimes ant sea; and for other purposes.

No 63 of 1998 – An Act to impose a levy for the provision of emergency services; to establish the Community Emergency Services Fund; to amend the Country Fire Services Act 1989; the South Australian Metropolitan Fire Services Act 1936 and Valuation of Land Act 1971; and for other purposes.

No 64 of 1998 – An Act to amend the Pastoral Land Management and Conservation Act 1989.

No 65 of 1998 – An Act to amend the Pollution of Waters by Oil and Noxious Substances Act 1987.

 

No 66 of 1998 – An Act to amend the Southern State Superannuation Act 1994; to make a related amendment to the Superannuation Funds Management Corporation of South Australia Act 1995; and to repeal the Superannuation (Benefit Scheme) Act 1992.

 

                                                                               By command,

                                                                                 DIANA LAIDLAW, for Acting Premier

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 17 SEPTEMBER 1998

 

Department of the Premier and Cabinet

Adelaide, 17 September 1998

 

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Act passed by the Legislative Council and the House of Assembly in parliament assembled, viz.:

 

         No 67 of 1998 – An Act to amend the Motor Vehicles Act 1959 and the Wrongs Act 1936.

 

                                                                               By command,

                                                                                 DIANA LAIDLAW, for Acting Premier

 

 

CONSTITUTION ACT 1934 SECTION 6(1): PROROGATION OF PARLIAMENT AND DATE FIXED FOR COMMENCEMENT OF THE SECOND SESSION OF THE FORTY-NINTH PARLIAMENT

 

Proclamation by The Governor

(L.S.) E. J. NEAL

 

PURSUANT to section 6(1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I –

                     (a) prorogue the Parliament of South Australia; and

   (b) fix 27 October 1998 as the day on which the second session of the Forty-ninth Parliament will commence.

 

Given under my hand and the Public Seal of South Australia, at Adelaide, 17 September 1998.

 

                                                                               By command,

                                                                                 DIANA LAIDLAW, for Acting Premier