No. 44

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                                TUESDAY 9 MARCH 1993

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

                    Chair and read prayers.

 

 2             Message from the Governor

                The following Message from the Governor was received and read:

 

                Assent to Bills                                                                                     Message No. 21

                The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session:

                No. 3 of 1993 - An Act to amend the Mining Act 1971.

                No. 4 of 1993 - An Act to amend the Motor Vehicles Act 1959.

                No. 5 of 1993 - An Act to amend the Motor Vehicles Act 1959 and the Wrongs Act 1936.

                Government House, Adelaide, 9 March 1993                                  R.F. Mitchell, GOVERNOR

 

 3             Absence of Clerk

                The Speaker informed the House of the absence of the Clerk, due to sickness and that pursuant to Standing Order 24 his duties would be performed by the Deputy Clerk (Mr D.A. Bridges) and that he had appointed Mr G.W. Thomson (Clerk Assistant), to carry out the duties of Deputy Clerk and Sergeant-at-Arms.

 

 4             Petition No. 141

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

 

                141    Mr Becker from 17 residents of South Australia, requesting that the House urge the                   Government to re-introduce capital punishment for crimes of homicide.

 

 5             Answers to questions

                Answers to questions on the Notice Paper Nos 230, 235, 280, 305, 311, 370, 402 and 406 were tabled by the Speaker.

 

 6             Papers

                The following Papers were laid on the Table:

 

                By the Premier (Hon. L.M.F. Arnold) -

                Royal Commission into the State Bank of South Australia - Second Report

 

                By the Treasurer (Hon. F.T. Blevins) -

                Financial Institutions Duty Act 1983 - Regulations - Credit Unions - Non Application

 

 

                By the Minister of Housing, Urban Development and Local Government Relations (Hon.

                 G.J. Crafter) -

                Corporation-By-laws-

                    Happy Valley -

                          No. 5 - Garbage

                          No. 10 - Repeal of By-laws 

                    Port Pirie -

                          No. 1 - Permits and Penalties

                          No. 2 - Taxis

 

                By the Minister of Environment and Land Management (Hon. M. K. Mayes) -

                Valuation of Land Act 1971 - Regulations - Trees Planted

 

                By the Minister of Labour Relations and Occupational Health and Safety (Hon. R.J.

                 Gregory) -

                Industrial Relations Advisory Council - Report, 1992

                Industrial Relations Act (S.A.) 1972 - Industrial Proceedings Rules 1972.

 

 7             Suspension of Standing Orders

                The Deputy Premier (Hon. F.T. Blevins), without notice, moved - That the Standing Orders be so far suspended as to enable the Leader of the Opposition to make a statement.

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

 

                Leader of the Opposition - Statement

                The Leader of the Opposition then made a Statement relating to the Royal Commission into the State Bank of South Australia - Second Report.

 

 8             Questions

                Questions without notice were asked.

 

 9             Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

10           Select Committee on the Juvenile Justice System

                The Minister of Primary Industries (Hon. T.R. Groom) moved - That the time for bringing up the Report of the Select Committee on the Juvenile Justice System be extended until Tuesday 20 April 1993.

                Question put and passed.

 

11           Guardianship and Administration (Mental Capacity) Bill

                The Minister of Health, Family and Community Services (Hon. M.J. Evans), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the guardianship of persons with a mental incapacity and for the management of the estates of such persons; and for other purposes.

                Question put and passed.

 

                Bill presented and read a first time.

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

                Ordered, on motion of Dr Armitage, that the debate be adjourned until tomorrow.

 

 

 

 

12           Mental Health Bill

                The Minister of Health, Family and Community Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make provision for the treatment and protection of persons who have a mental illness; to repeal the Mental Health Act 1977; to amend the Adoption Act 1988; the Administration and Probate Act 1919 and the Aged and Infirm Persons' Property Act 1940; and for other purposes.

                Question put and passed.

 

                Bill presented and read a first time.

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

                Ordered, on motion of Dr Armitage, that the debate be adjourned until tomorrow.

 

13           Public and Environmental Health (Review) Amendment Bill

                Order of the Day read for consideration in Committee of the amendment of the Legislative                  Council in the Public and Environmental Health (Review) Amendment Bill.

 

                                                                                            In Committee

                Resolved - That the amendment be agreed to.

 

                                                                                                                     

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the amendment referred to it                       and had agreed to the same without amendment.

 

14           South Australian Health Commission (Incorporated Hospitals and Health Centres)                           Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the South Australian Health Commission (Incorporated Hospitals and Health Centres) Amendment 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.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson 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.

 

15           Disability Services Bill

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

                Debate resumed.

                Ordered, on motion of Dr Armitage, by leave, that the debate be adjourned and resumed                     on motion.

 

 

 

 

16           Speaker's Statement - Firearms (Miscellaneous) Amendment Bill

                The Speaker informed the House that at the stage of preparation of the Royal Arms Bill a clerical error had been discovered in the Firearms (Miscellaneous) Amendment Bill.  An amendment to the last clause in the Bill which was passed by the House of Assembly was inadvertently omitted from the Bill transmitted to the Legislative Council.

                There was no doubt that the amendment was properly passed in Committee and that the                    error was clerical.

                Therefore he had sent a Message to the Legislative Council drawing attention to the omission and requesting consideration of the corrected Bill by the Council.

 

17           Disability Services Bill

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

                Debate resumed.

 

18           Extension of time for adjournment

                The Minister of Health, Family and Community Services moved - That the time for                               moving the adjournment of the House be extended beyond 10.00 p.m.

                Question put and passed.

 

19           Disability Services Bill

                Debate (interrupted by foregoing motion) resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                              Clauses Nos 1 and 2 agreed to.

                                              Clauses Nos 3 and 4 amended and agreed to.

                                              Clause No. 5 agreed to.

                                              Clause No. 6 read.

                Dr Armitage moved on page 3, line 33, to leave out the words "should encourage" and

                    insert in lieu thereof the words "must ensure".

                Question put and negatived.

                                              Clause otherwise amended and agreed to.

                                              Clause No. 7 amended and agreed to.

                                              Clauses Nos 8 to 11 agreed to.

                                              Schedule 1 amended and agreed to.

                                              Schedule 2 agreed to.

                                              Title agreed to.

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson 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.

 

20           Courts Administration Bill

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

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

 

 

                                                                                            In Committee

                                                        Clauses Nos 1 to 31 agreed to.

                                                        Schedule agreed to.

                                                        Title agreed to.

 

                                                                                                                       

 

 

                The House having resumed:

                Mr Ferguson 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.

 

21           Message from the Legislative Council

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

 

                Legal Practitioners (Reform) Amendment Bill                                            Message No. 84

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Legal Practitioners Act 1981, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 9 March 1993                                                                    G.L. Bruce, PRESIDENT

 

                Bill read a first time.

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

 

22           Adjournment

                House adjourned at 10.38 p.m. until tomorrow at 2.00 p.m.

 

                                                                                                                        

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 10 March 1993

                Notices of Motion: Government Business -

 

The Minister of Housing, Urban Development and Local Government Relations to move - That he have leave to introduce a Bill for an Act to provide for planning and regulate development in the State; to regulate the use and management of land and buildings, and the design and construction of buildings; to make provision for the maintenance and conservation of land and buildings where appropriate; and for other purposes.

 

The Minister of Housing, Urban Development and Local Government Relations to move - That he have leave to introduce a Bill for an Act to establish the Environment, Resources and Development Court; to define its jurisdiction and powers; and for other purposes.

 

The Minister of Housing, Urban Development and Local Government Relations to move - That he have leave to introduce a Bill for an Act to make certain repeals and amendments to legislation to provide for planning and development within the State; to enact transitional provisions; and for other purposes.

 

 

 

 

 

 

The Minister of Tourism to move - That he have leave to introduce a Bill for an Act to promote tourism and tourism industry in the State; to establish the South Australian Tourism Commission; and for other purposes.

 

                                                                                                                         

 

                Present during the day - All the Members except Mr Gunn.

 

 

 

 

 

 

                                                                                                                                                                                N.T. Peterson

                                                                                                                                                                                SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY