No 44

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 2 JULY 1996

 

 

1    Meeting of House

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

 

2    Petitions Nos 105 to 109

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

 

105 and 106 The Leader of the Opposition (Hon M D Rann) and Mr Leggett, from 10 049 residents of South Australia, requesting that the House urge the Government to ban the recreational shooting of ducks and quails.

 

107      Hon H Allison, from 359 residents of South Australia, requesting that the House urge the Government not to proceed with the proposed reform of gun laws.

 

108      Hon H Allison, from 619 residents of South Australia, requesting that the House urge the Government to reopen closed facilities at Mount Gambier Hospital, retain staff, and improve medical services to residents of the South East.

 

109      Hon H Allison, from 782 residents of South Australia, requesting that the House urge the Government to resolve the issue of obstetric indemnity insurance for medical staff.

 

3    Speaker’s Statement - Centenary of Sir Thomas Playford’s Birth

The Speaker made the following statement:

“I advise all Honourable Members that in commemoration of the centenary of his birth on the 5 July 1896 and in recognition of his unparalleled contribution to South Australia, the portrait of Sir Thomas Playford by Sir Ivor Hele will, from 4 July 1996, hang in the House of Assembly to the right of the Chair and behind the Premier of the day.

 

Thomas Playford was Premier of South Australia for almost 27 years between 1938 and 1965. This term remains a record in the British Commonwealth and it is appropriate that the centenary of his birth should be marked by the hanging of his portrait in the Chamber in which he served the people of South Australia with foresight, dedication and honour.”

 

4    Answers to questions

Answers to questions without notice were tabled by the Speaker.

 


5    Papers

The following Papers were tabled:

 

By the Deputy Premier (Hon S J Baker) -

   Regulations under the following Acts -

      Legal Practitioners - Trust Account Statements

      Liquor Licensing - Dry Areas - Coober Pedy

      Travel Agents - Deed of Trust and Fees

 

   Rules of Court -

      Juries Act - Principle

      Legal Practitioners Act - The Secretary

      Supreme Court - Supreme Court Act - Pleadings

 

By the Treasurer (Hon S J Baker) -

   Public Corporations Act - Regulations - Fire Equipment Services

 

By the Minister for Recreation, Sport and Racing (Hon G A Ingerson) -

   Rules of Racing -

      Racing Act -

         Australian Rules Not Applicable

         Driving in Unacceptable Manner

         Incompetent and Careless Driving

 

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

   Carclew Youth Arts Centre - Report, 1995

   Harbors and Navigation Act - Regulations - Restricted Areas - Goolwa and Port Elliot

   Ministerial Statement - Adelaide Festival 1996

 

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

Statutory Authorities Review Committee - Response by the Minister for Infrastructure - ETSA Corporation Energy Exploration and Research

   South Australian Water Corporation - Corporation Charter

 

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

   Regulations under the following Acts -

      Public Corporations - South Australian Health Commission

      South Australian Health Commission - Variation of Schedule

 

By the Minister for Employment, Training and Further Education (Hon R B Such) -

   Vocational Education, Employment and Training Board - Report, 1995

 

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

   Fisheries Act - Regulations -

      Abalone Fisheries - Licence Fees

      General -

         Licence Fees

         Fishering Activities

      Lakes and Coorong Fishery -

         Licence Fees

         Management

      Marine Scalefish Fisheries -

         Licence Fees

         Management

      Miscellaneous Fishery - Licence Fees

      Prawn Fisheries - Licence Fees

      River Fishery - Licence Fees

      Rock Lobster Fisheries -

         Licence Fees

          Management

 

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

Development Act 1993 - Report on the Interim Operation of the City of Unley Local Heritage Places (Built Heritage) Plan Amendment Report

District Council of Victor Harbor - By-Law No 2 - Signs.

 

6    Questions

Questions without notice were asked.

Ordered - That the period for asking questions without notice be extended by five minutes.

Questions without notice resumed.

Ordered - That the period for asking questions without notice be extended by one minute.

     Questions without notice resumed.

 

7    Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

Question put and passed.

 

8    Statutes Amendment (Abolition of Tribunals) Bill

Order of the Day read for consideration of the Message from the Legislative Council relating to this Bill.

 

     Conference

The Deputy Premier moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Statutes Amendment (Abolition of Tribunals) Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr Atkinson, Mr De Laine, Mr Lewis and Mr Wade and the mover be Managers of the Conference on the part of this House.

Question put and passed

 

9    Appropriation Bill - Estimates Committees A and B - Reports and Minutes of Proceedings

     Order of the Day read for the bringing up Reports of Estimates Committees A and B.

     Hon. H. Allison brought up the Report of Estimates Committee A .

     Ordered - That the Report be received.

     Hon. H. Allison brought up the Minutes of Proceedings of Estimates Committee A.

     Ordered - That the Minutes of Proceedings be incorporated in the Votes and Proceedings.

     Mr Becker brought up the Report of Estimates Committee B.

     Ordered - That the Report be received.

     Mr Becker brought up the Minutes of Proceedings of Estimates Committee B.

     Ordered - That the Minutes of Proceedings be incorporated in the Votes and Proceedings.

 

     The Treasurer moved - That the proposed expenditures referred to Estimates Committees A and B be agreed to.

     Debate ensued.

 

10   Messages from the Legislative Council

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

 

     Ombudsman (Miscellaneous) Amendment Bill                Message No 127

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Ombudsman Act 1972, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 2 July 1996                  H P K Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That the second reading  be an Order of the Day for tomorrow.

 

     Trustee (Variation to Charitable Trusts) Amendment Bill       Message No 128

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

     Legislative Council, 2 July 1996                  H P K Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That the second reading  be an Order of the Day for tomorrow.

 

     De Facto Relationships Bill                                   Message No 129

MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the De Facto Relationships Bill for the reasons indicated in the annexed Schedule. The Legislative Council returns the Bill herewith and desires its reconsideration.

     Legislative Council, 2 July 1996                  H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the House of Assembly

and disagreed to by the Legislative Council

 

No 1  Clause 3, page 2, lines 9 to 13 - Leave out this definition 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;.

 

No 2  Clause 3, page 2, lines 21 to 24 - Leave out these lines and insert:

   “(b)  the party gave the lawyer apparently credible assurances that the party was not acting under coercion or undue influence; and.

 

No 3  Clause 7, page 4, line 13 - After “written” insert “or oral”.

 

Schedule of the reason for disagreeing with the foregoing amendments

 

      Because the amendments narrow the scope of the Bill.

 

     Ordered - That the consideration of the Message be an Order of the Day for tomorrow.

 

     Motor Vehicles (Trade Plates) Amendment Bill            Message No 130

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Motor Vehicles Act 1959 and to make consequential amendments to the Local Government Act 1934 and the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 2 July 1996                  H P K Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That the second reading  be an Order of the Day for tomorrow.

 

     Statutes Amendment (Abolition of Tribunals) Amendment Bill          Message No 131

MR SPEAKER - In reply to Message No. 128 from the House of Assembly, the Legislative Council agrees to the place appointed by the House of Assembly for holding the Conference, but appoints Tuesday 9 July 1996 at 5.30 pm as the date and time for holding the Conference in lieu of 7.30 pm this day.

     Legislative Council, 2 July 1996                  H P K Dunn, PRESIDENT

 

The Minister for Infrastructure moved - That the time and place requested by the Legislative Council be agreed to.

Question put and passed.

 

11   Appropriation Bill - Estimates Committees A and B - Reports

Debate (interrupted by the foregoing Messages) resumed.

 

12   Extension of sitting

The Minister for Infrastructure moved - That the sitting of the House be extended beyond 6.00 pm.

Question put and passed.

 

13   Appropriation Bill - Estimates Committees A and B - Reports

Debate (interrupted by the foregoing motion) resumed.

     Question put and passed.

 

     The Treasurer moved - That the remainder of the Bill be agreed to.

     Question put and passed.

 

     Bill read a third time and passed.

 

14   Postponement of business

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

 

15   Criminal Injures Compensation (Levy) Amendment Bill

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

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

16   Adjournment

     The Deputy Premier moved - That the House do now adjourn.

     Debate ensued.

     Question put and passed.

 

     House adjourned at 7.19 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

     For Wednesday 3 July 1996

      Notices of Motion: Government Business-

 

The Premier to move - That this House, on the occasion of the centenary of the birth of Sir Thomas Playford, endorses the display of the portrait of Sir Thomas by Sir Ivor Hele as a permanent feature of this Chamber in recognition of his enduring contribution to the economic, industrial, social and political welfare of South Australia.

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Friendly Societies Act 1919.

 

The Minister for Industrial Affairs to move - That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994.

 

The Minister for Emergency Services to move - That he have leave to introduce a Bill for an Act to amend the State Emergency Act 1987.

 

____________

 

 

     Present during the day - All Members except Hon M H Armitage and Hon D C Wotton.

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY