No 43

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 29 JULY 1999

 

 

1       Meeting of House

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

 

2       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3 be postponed until Thursday 5 August.

 

3       Select Committee on the Water Allocation in the South East  – Extension of time

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

Hon G M Gunn moved – That the time for bringing up the Report be extended until Thursday 5 August.

Question put and passed.

 

4       Select Committee on a Heroin Rehabilitation Trial  – Extension of time

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

Mr Hamilton-Smith moved – That the time for bringing up the Report be extended until Thursday 5 August.

Question put and passed.

 

5       Select Committee on the Emergency Services Levy  – Extension of time

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

The Deputy Premier (Hon R G Kerin) moved – That the time for bringing up the Report be extended until Tuesday 3 August.

Question put and passed.

 

6       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 4 be an Order of the Day for Thursday 5 August.

 

7       Racing (SATRA – Constitution and Operations) 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 5 August.


8       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 6 be a Order of the Day for Thursday 5 August.

 

9       Summary Offences (Child Boxing Contests) 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 5 August.

 

10      Door-to-Door Sales (Employment of Children) 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 5 August.

 

11      Workers Rehabilitation and Compensation (Mental Incapacity) 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 5 August.

 

12      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 10 be an Order of the Day for Thursday 5 August.

 

13      Police and Fire Games - Motion re

Hon G A Ingerson, pursuant to notice, moved – That this House congratulates the officers of the South Australian Police Force and the South Australian Metropolitan Fire Service who competed in the recent World Police and Fire Games for their outstanding achievements and records its appreciation of the contribution made by the officers and supporters of Adelaide’s recent bid for the 2005 World Police and Fire Games.

Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday 5 August.

 

14      Mentally Incapacitated Workers Compensation - Motion re

         Notice of Motion: Other Motions No 2 called on.

 

         Speaker’s ruling

On a point of order being raised by the Member for Mitchell ( Mr Hanna) in relation to the text of his Notice of Motion the Speaker ruled:

It has always been the practice for Notices of Motion to be edited at the table by the Clerks to ensure that they fit into the forms of the House. The principle which guides the editing is that a motion should state a proposition and not argue it. Any points that the Member may wish to include in his motion he may certainly use in his speech in support of the motion. The honourable Member may wish to raise this matter with his representative on the Standing Orders Committee, and I am sure that the Committee can further discuss it if he so desires.

For any further information Members may require on this issue, I refer them to the twenty-second edition of Erskine May, pages 335 and 336, under the paragraph heading “Manner of dealing with irregular Notices of Motion”.

As regards the particular point of order raised by the honourable Member, the Chair is compelled to be guided by the practices of the House and believes that the form of words which have been printed in the Notice Paper as published should stand. I call the Member to move Notice of Motion No 2 standing in his name.

 

         Speaker’s ruling – disagreement to

         Mr Hanna moved – That the Speaker’s ruling be disagreed with.

         Debate ensued.

         Question put.

        

         House divided (No 1):

 


                       Ayes, 19

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hill

Ms Key

Mr Koutsantonis

Ms Rankine

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Hanna (Teller)


        Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Hon G A Ingerson

Hon R G Kerin

Mr Lewis

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 W A Matthew (Teller)


 

         So it passed in the negative.

 

15      Postponement of business

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

 

16      Mentally Incapacitated Workers Compensation - Motion re

Mr Hanna, pursuant to notice, moved – That this House condemns the Government for precluding mentally incapacitated workers from claiming workers compensation in contravention of the Disabilities Discrimination Act 1992.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 5 August.

 


17      Port Stanvac Oil Spill Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hill - That this House calls on the Government to establish an open and independent inquiry into the circumstances surrounding the discharge of crude oil into the marine environment at Port Stanvac in June 1999 and establish terms of reference for the inquiry to report publicly on

(a)     the actions of the Minister for the Environment and Heritage and the Minister for Transport and the agencies for which they have responsibility;

(b)     the actions of Mobil and any other companies involved in the incident;

(c)     the monitoring systems of both the Government and the companies involved in the movement and storage of petroleum products at Port Stanvac;

(d)     recommendations regarding changes to legislation and/or procedures to prevent future oil discharges; and

(e)     the equipment and procedures used in transferring and storing petroleum products from ship to shore at Port Stanvac.

         Debate resumed.

         Ordered, on motion of Mr De Laine, that the debate be further adjourned until Thursday 5 August.

 

18      Postponement of business

Ordered – separately -  That Orders of the Day: Other Motions Nos 2 and 3 be postponed until Thursday 5 August.

 

19      Suspension and resumption of sitting

         At 11.58 am the sitting of the House was suspended.

         At 2.00 pm the Speaker resumed the Chair.

 

20      Petitions Nos 71 to 73

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

 

71   The Minister for Environment and Heritage (Hon D C Kotz), from 188 residents of South Australia, requesting that the House urge the Government to strengthen the Native Vegetation Act and Regulations to stop the clearance of native vegetation.

 

72   Mr Hill, from 25 residents of South Australia, requesting that the House urge the Government to review and improve vegetation and tree protection laws and provide funding to ensure their enforcement.

 

73   Ms Rankine, from 246 residents of South Australia, requesting that the House urge the Government to install traffic signals at the intersection of The Grove Way and Bridge Road at Salisbury East.

 

21      Answer to question

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

 


22      Papers

          The following Papers were tabled:

 

By the Minister for Primary, Industries, Natural Resources and Regional Development (Hon R G Kerin) -

      Environment, Resources and Development Committee Report – Response to Report on Fish Stock of Inland Waters by the Minister for Primary Industries, Natural Resources and Regional Development

 

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

      Committee Appointment to Examine and Report on Abortions Notified in South Australia – Report, 1998.

               Department of Human Services - Enquiry into Public Dental Services, July 1999.

 

         By the Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire) –

      Directions from the Minister for Justice to the Commissioner of Police –

            Anti-corruption Branch, 1 July 1999

            Anti-corruption Branch, 29 July 1999

            Operations Intelligence Division, 1 July 1999

 

23      Questions

         Questions without notice were asked.

 

24      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

25      Messages from the Legislative Council

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

 

         Tobacco Products Regulation (Sale of Products Designed for Smoking)

         Amendment Bill                                                                                  Message No 78

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Tobacco Products Regulation Act 1997, without any amendment.

         Legislative Council, 28 July 1999                                                J C Irwin, PRESIDENT

 

         Superannuation (Voluntary Separation Packages) Amendment Bill      Message No 79

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Superannuation Act 1988, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 28 July 1999                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

The Minister for Education, Children’s Services and Training (Hon M R Buckby) moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday next.

 


         Police Superannuation (Increments in Salary) Amendment Bill            Message No 80

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Police Superannuation Act 1990, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 28 July 1999                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

The Minister for Education, Children’s Services and Training moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday next.

 

         Geographical Names (Assignment of Names) Amendment Bill          Message No 81

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Geographical Names Act 1991, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 28 July 1999                                                J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Government Enterprises (Hon M H Armitage) moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday next.

 

         Statutes Amendment (Trusts) Bill                                                        Message No 82

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Trustee Act 1936 and the Trustee Companies Act 1988, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 29 July 1999                                                  J C Irwin, PRESIDENT

 

         Bill read a first time.

 

The Minister for Industry and Trade (Hon I F Evans) moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday next.

 

         Federal Courts (State Jurisdiction) Bill                                               Message No 83

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide that certain decisions of the Federal Court of Australia or the Family Court of Australia have effect as decisions of the Supreme Court and to make other provision relating to certain matters relating to the jurisdiction of those courts; to amend the Competition Policy Reform (South Australia) Act 1996; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 29 July 1999                                                  J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Industry and Trade moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday next.


26      Australasia Railway (Third Party Access) 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.

 

27      Motor Vehicles (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

                                                Clause Nos 1 to 91 agreed to.

                                                Clause No 92 amended and agreed to.

                                                Clauses Nos 93 to 97 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.

 


28      Adjournment

         The Minister for Human Services moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

         House adjourned at 5.05 pm until Tuesday next at 2.00 pm.

 

____________

 

         Present during the day - All Members except Ms Hurley.

 

 

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

 

         Division No 1 -

               Ayes - Ms Hurley and Hon M D Rann.

               Noes - Mr Hamilton-Smith and Hon D C Kotz.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY