No 43

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 6 JUNE 1996

 

 

1    Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read prayers.

 

2    Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 7 be Notices of Motion for Thursday 4 July.

 

3    Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 8 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 9.

 

4    Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 9 and 8 be Notices of Motion for Thursday 4 July.

 

5    Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 10 and 11 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 12.

 

6    Public Works Committee - Report- Berri Bridge Project - Motion to note

Mr Oswald, pursuant to notice, moved - That the Twenty-Sixth Report of the Public Works Committee on the Berri Bridge Project be noted.

Debate ensued.

Question put and passed.

 

7    South Australian Housing Trust - Regulations - Water Limits - Motion for disallowance

Ms Hurley, pursuant to notice, moved - That the Regulations under the South Australian Housing Trust Act 1936 relating to Water Limits, gazetted on 28 March and laid on the Table of this house on 2 April 1996, be disallowed.

Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday 4 July.

 

8    Public Works Committee - Report- Blanchetown Bridge Replacement and Approach Roads - Motion to note

Mr Oswald, pursuant to notice, moved - That the Twenty-Fifth Report of the Public Works Committee on the Blanchetown Bridge Replacement and Approach Roads, be noted.

Debate ensued.

Question put and passed.

 

9    Postponement of business

Mr Bass moved - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 and 2 set down for Thursday 13 June be Orders of the Day for Thursday 4 July.

 

10   Economic and Finance Committee - Report - Financial Aspects of the Operations of the MFP Corporation for the Financial Year Ended 30 June 1995 - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Quirke - That the Seventeenth Report of the Economic and Finance Committee on the Economic and Financial Aspects of the Operations of the MFP Development Corporation for the Year Ended 30 June 1995, be noted.

Debate resumed.

Question put and passed.

 

11   Joint Committee on Women in Parliament - Final Report - Motion to note

Order of the Day read for the adjourned debate on the motion of Mrs Greig - That the Final Report of the Joint Committee on Women in Parliament, be noted.

Debate resumed.

Ordered, on Motion of Ms Hurley, that the debate be further adjourned until Thursday 4 July.

 

12   Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 3 to 5 be Orders of the Day for Thursday 4 July.

 

13   Postponement of business

Ordered - That Notices of Motion:  Other Motions Nos 1 and 2 be Notices of Motion for Thursday 4 July.

 

14   Postponement of business

Ordered - That Order of the Day: Other Motions No 1 be an Order of the Day for Thursday 4 July.

 

15   South East Health Services - Motion re

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

(a) notes that budget cuts have led to a serious crisis in the delivery of medical and hospital services in the South East;

(b) requests the Minister for Health to act immediately to guarantee obstetric services in the South East;

(c) calls on the Minister to indemnify Board Members of the Mount Gambier Hospital against personal liability for budget over-runs at the Mount Gambier Hospital for 1995-96 and not to transfer debt to the new hospital; and

(d) supports the action taken by the Members for Gordon and MacKillop by sponsoring petitions opposing cuts to medical and health services in their electorates.

Debate resumed.

Hon H Allison moved to amend the motion by leaving out all words after the word “House” and inserting in lieu thereof the following:

(a)   notes that the Government has made an additional $90 million available in the Health Budget;

(b)   acknowledges the actions of the Minister of Health to resolve the Medical Malpractice Indemnity Insurance issue by subsidising country doctors; and

(c)   asks the State Government

   (i)   to take steps to encourage doctors and specialists to engage in rural practice; and

   (ii)  to negotiate with the Federal Government to establish an adequate C.M.B.S. fee for       obstetrical services.

Question - That the amendment be agreed to - put.


House divided (No 1)

 


                     Ayes, 30

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr D S Baker

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Ms Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon H Allison (Teller)


            Noes, 11.

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms White

Ms Stevens (Teller)


 

So it was resolved in the affirmative.

 

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

 

16   Adelaide Festival - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Cummins - That this House recognises the brilliant success of the 1996 Telstra Adelaide Festival, Fringe Festival and Writers Week and congratulates all associated with these events for their outstanding efforts in reaffirming Adelaide as the premier festival State and world festival leader and in particular, this House acknowledges the role of Barry Kosky as Artistic Director and the acclaim received for the programs offered by him.

Debate resumed.

Question put and passed.

 

17   Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 3 to 10 be Orders of the Day for Thursday 4 July.

 

18   Suspension and resumption of sitting

At 12.19 pm the sitting of the House was suspended.

At 2.00 pm the Speaker resumed the Chair.

 

19   Message from the Governor

The following Message from the Governor was received and read:

 

     State Lotteries (Unclaimed Prizes) Amendment Bill       Message No 21

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mention in the State Lotteries (Unclaimed Prizes) Amendment Bill.

Government House, 6 June 1996                           R F Mitchell, GOVERNOR

 

20   Petition No 104

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

 

104  Hon H Allison, from 136 residents of South Australia, requesting that the House urge the Government to reopen closed facilities at Mount Gambier Hospital, retain staff, and to improve medical services to residents of the South East.

 

21   Papers

     The following Papers were tabled:

 

     By the Deputy Premier (Hon S  J Baker) -

      Regulations under the following Acts -

        Associations Incorporation - Fees

        Bills of Sale - Fees

        Births, Deaths and Marriages -

           Fees

           Registration and Fees

        Business Names - Fees

        Commercial Tribunal - Fees

        Consumer Transaction - Fees

        Conveyancers - Fees

        Cremation - Fees

        District Court - Fees and Provisions

        Environment, Resources and Development Court - Fees

        Fair Trading - Expiation of Offences

        Goods Securities - Fees

        Land Agents - Fees

        Landlord and Tenant - Fees

        Liquor Licensing - Fees

        Magistrates Court - Fees

        Plumbers, Gas Fitters and Electricians - Fees

        Real Property -

           Land Division Fees

           Stamp Duty Fees

        Registration of Deeds - Fees

        Second-hand Vehicle Dealers - Fees

        Strata Titles - Fees

        Summary Offences - Traffic Infringement Notice

        Supreme Court -

           Fees

           Probate Fees

        Trade Measurement Administration - Fees and Charges

        Travel Agents - Fees

        Workers Liens - Fees

        Youth Court - Fees

 

     By the Treasurer (Hon S J Baker) -

      Regulations under the following Acts -

        Fees Regulation -

           Fees

           Fees

           Fees

        Gaming Machines - Fees

        Land Tax - Fees

        Petroleum Products Regulation - Fees

 


     By the Minister for Police (Hon S J Baker) -

      Firearms Act - Regulations - Fees

 

     By the Minister for Mines and Energy (Hon S J Baker) -

      Regulations under the following Acts -

        Mines and Works Inspection - Fees

        Mining - Fees

 

     By the Minister for Industrial Affairs (Hon G A Ingerson) -

      Regulations under the following Acts -

        Dangerous Substances - Fees

        Explosives - Fees

        Occupational Health, Safety and Welfare - Variations

        Workers Rehabilitation and Compensation - Costs

 

     By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) -

      Regulations under the following Acts -

        Harbors and Navigation - Fees

        Motor Vehicles -

           Fees

           Fees and Provisions

        Road Traffic - Fees

 

     By the Minister for Infrastructure (Hon J W Olsen) -

      Regulations under the following Acts -

        Sewerage - Scale of Charges

        Waterworks - Testing

 

     By the Minister for Health (Hon M H Armitage) -

      Regulations under the following Acts -

        Controlled Substances - Fees

        Consent to Medical Treatment and Palliative Care - Fees

        Public and Environmental Health - Fees

        Radiation Protection and Control - Fees

        South Australian Health Commission -

           Compensatable and Non Medicare Fees

           Health Centre Fees

 

     By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

      Regulations under the following Acts -

        Botanic Gardens and State Herbarium - Fees

        Crown Lands - Fees

        Environment Protection - Fees

        National Parks and Wildlife -

           Fees

           Keep, Sell Permit Fees

        Pastoral Land Management and Conservation - Fees

        Roads (Opening and Closing) - Fees

        Valuation of Land - Fees and Allowances

        Water Resources - Fees

 

     By the Minister for State Government Services (Hon W A Matthew) -

      State Supply Act - Regulations - Authorities

 

     By the Minister for Primary Industries (Hon R G Kerin) -

      Meat Hygiene Act - Regulations - Fees

 

     By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

      Regulations under the following Acts -

        Development - Fee Variations

        Housing Improvement - Variations.

 

22   Questions

     Questions without notice were asked.

 

23   Next day of sitting

The Deputy Premier moved - That the House at its rising adjourn until Tuesday 2 July at 2.00 pm.

 

24   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

25   Message from the Legislative Council

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

 

     Estimates Committees - Attendance of Legislative Council Ministers        Message No 122

MR SPEAKER - The Legislative Council has given leave to the Minister for Education and Children’s Services (The Hon R I Lucas), the Attorney-General (The Hon K T Griffin) and the Minister for Transport (The Hon D V Laidlaw) to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

     Legislative Council, 5 June 1996                  H P K Dunn, PRESIDENT

 

26   De Facto Relationships 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 and 2 agreed to.

                          Clause No 3 read.

The Deputy Premier moved on page 2, lines 9 to 13, to leave out all the words in these lines and insert -

   “de facto relationship” means the relationship between a man and a woman, who although not legally married to each other, live together on a genuine domestic basis as husband and wife;

Question - That the amendment be agreed to - put.

 


Committee divided (No 2)

 


                     Ayes, 23

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Bass

Mr Becker

Mr Brokenshire

Mr Buckby

Mr Condous

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Lewis

Hon W A Matthew

Mr Meier

Ms Rosenberg

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


            Noes, 10.

 

Mr Brindal

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Hon M D Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)


 

So it was resolved in the affirmative.

                          Clause further amended and agreed to.

                          Clause Nos 4 to 6 agreed to.

                          Clause No 7 read.

The Deputy Premier moved on page 4, line 13 after the word “written” insert “or oral”.

Question - That the amendment be agreed to - put.

Committee divided (No 3)

 


                     Ayes, 25

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Condous

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mrs Kotz

Mr Lewis

Hon W A Matthew

Mr Meier

Ms Rosenberg

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


            Noes, 10.

 

Mr Atkinson

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Hon M D Rann

Ms Stevens

Ms White

Mr Rossi (Teller)


 

     So it was resolved in the affirmative.

     To report progress and ask leave to sit again.

____________

 

     The House having resumed:

Hon H Allison 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.

 

27   Extension of sitting

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

Question put and passed.

 

28   Messages from the Legislative Council

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

 

     Competition Policy Reform (South Australia) Bill        Message No 123

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to apply certain laws of the Commonwealth relating to competition policy as laws of South Australia and for other purposes, without any amendment.

     Legislative Council, 6 June 1996                  H P K Dunn, PRESIDENT

 

     Public Finance and Audit (Powers of Enquiry) Amendment Bill         Message No 124

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Public Finance and Audit Act 1987, without any amendment.

     Legislative Council, 6 June 1996                  H P K Dunn, PRESIDENT

 

     Electricity Corporations (Schedule 4) Amendment Bill          Message No 125

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Electricity Corporations Act 1994, without any amendment.

     Legislative Council, 6 June 1996                  H P K Dunn, PRESIDENT

 

     Statutes Amendment (Abolition of Tribunals) Bill        Message No 126

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

     Legislative Council, 6 June 1996                  H P K Dunn, PRESIDENT

 

     Ordered - That consideration of the message be an Order of the Day for Tuesday 2 July.

 

29   De Facto Relationships Bill

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

 

In Committee

                        Clause No 7, as amended, agreed to.

                        Clauses Nos 8 to 17 agreed to.

                        Title agreed to.

____________

 

     The House having resumed:

Mr Bass reported that the Committee had further considered the Bill referred to it and had agreed to the same with amendments.

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

 

     Division, only one Noe

     Question put and the House proceeded to a division; but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

     So it was resolved in the affirmative.

 

Bill read a third time and passed.

 

 

30   Adjournment

House adjourned at 6.07 pm until Tuesday 2 July at 2.00 pm.

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Thursday 4 July 1996

      Notices of Motion: Other Motions-

 

Hon M D Rann to move - That this House, on the one hundredth anniversary of his birth, acknowledges the enormous contribution of Sir Thomas Playford to the development of South Australia, and his commitment to the public ownership of important community assets such as the Electricity Trust of South Australia and the South Australian Housing Trust.

 

Hon M D Rann to move - That this House requests the Federal Government to actively support the United Nations Committee for Missing People in their work in Cyprus and for Australia to raise in the General Assembly of the United Nations the need for Turkey and the Desktash regime to assist the UN with both the location of the bodies of missing Greek Cypriots and in investigating the circumstances of their deaths.

 

Mr Atkinson to move - That this House appoint a Committee of Privileges to investigate the distribution and source of an anonymous letter about the Member for Coles in the precincts of the Parliament; the delegation of the investigation by the Speaker to the Member for Florey and the propriety of granting access to the Member for Florey to computer records of Members’ comings and goings from the House with a view to finding the distributor of the anonymous letter and another letter signed by the Member for Davenport; and the propriety of documents being finger printed in an attempt to identify the distributor of the anonymous letter concerning the Member for Coles.

 

Mr Foley to move - That this House condemns the Member for Elder for plagiarising, without acknowledgment, Mr Lance Worrall, Economic Adviser to the Leader of the Opposition, from the book Making the Future Work in his speech on the Appropriation Bill.

____________

 

Present during the day - All members except Mr Leggett.

 

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

 

Division No. 1 -

   Ayes - Mrs Penfold and Mr Leggett.

   Noes - Hon F T Blevins and Mr Quirke.

 

Division No. 2 -

   Ayes - Penfold and Mr Leggett.

   Noes - Hon F T Blevins and Mr Quirke.

 

 

 

 

 

 

                                                        G M Gunn

                                                        SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY