No 44

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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MONDAY 4 APRIL 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Petition No 63

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

 

63   The Deputy Leader of the Opposition (Hon D C Brown), from 24 members of the South Australian Community, requesting the House to urge the Government to provide immediate land tax relief through the reform of the current land tax system.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 1, 2, 3, 6, 7, 10 to 17, 19, 20, 22 to 24, 26, 28, 31, 32, 34, 35, 37, 40, 44, 46, 47, 49, 50, 51, 53, 55 to 57, 60, 61, 65, 67 to 74, 77 to 80, 82, 87, 90, 92, 103, 106, 109, 112, 120, 124, 127, 129, 130, 132, 136, 146, 165, 168, 173, to 181, 183 to 185, 187, 188, 190, 194 to 196, 207 to 211, 213, 215, 217, 221, 226 to 229, 238, 240 to 247, 249 to 255, 258, 260, 262, 264, 265, 267, 269, 271, 272, 275, 277, 282 to 284, 286, 290, 291, 303, 304, 311, 313, 317, 318, 319, 320 to 324, 326, 327, 328, 330 to 334, 341, 344, 347 to 359, 361, 362, 365 to 367, 369 to 371, 375, 376, 380, 386, 391 to 393, 395 to 397, 410, 416, to 419, 434, 435 to 441, 444, 451, 452, 470, 471, 613 to 615 and questions without notice were tabled by the Speaker.

 

4       Papers

         The Speaker laid on the Table the following Papers:

 

      Adelaide City Council – Report 2003-2004

      Police Complaints Authority – Report 2003-2004.

      Ordered to be published (Paper No 94).

 

5       Speaker’s Statement – Intention to Resign

The Speaker made a statement during which he informed the House of his intention to tender his resignation from office to His Excellency the Governor’s Deputy and requested the Deputy Speaker to take the Chair.

 

6       Public Works Committee - Report – South Australian Forestry Corporation New Corporate Office Mount Gambier

Mr Caica brought up the 212th Report of the Committee on the South Australian Forestry Corporation New Corporate Office Mount Gambier.

Report received.

Ordered to be published (Paper No 193).

 

7       Natural Resources Committee - Report – Eastern Mount Lofty Ranges Catchment Area

Mr Rau brought up the 1st Report of the Committee on the Eastern Mount Lofty Ranges Catchment Area.

Report received.

Ordered to be published (Paper No 194).

 

8       Questions

Questions without notice were asked.

 

9       Speaker’s Resignation

The Clerk advised the House that he had received a copy of a letter from Hon I P Lewis to His Excellency the Governor’s Deputy informing him of his resignation from the office of Speaker and therefore there was a vacancy in that Office.

 

         Election of Speaker

         The Premier (Hon M D Rann) reminded the House that it would be necessary to proceed to the election of a Speaker and proposed - That Hon R B Such do take the Chair of this House as Speaker; which was seconded by Deputy Premier (Hon K O Foley).

Hon R B Such submitted himself to the House.

        

Mr Hanna proposed - That Mr Brindal do take the Chair of this House as Speaker; which was seconded by Hon D C Brown.

Mr Brindal submitted himself to the House.

Debate ensued.

 

The Clerk pointed out that as two Members had been proposed as Speaker, it would be necessary to take a ballot in accordance with Standing Order No 8.

The House then proceeded to ballot.

The votes recorded were as follows -

               Hon R B Such                                               26 votes

               Mr Brindal                                                     20 votes

               Informal                                                             1 vote

 

The Clerk declared that as Hon R B Such had received an absolute majority of the votes validly cast he was elected as Speaker.

 

The House then calling Hon R B Such to the Chair, he was taken out of his place by the Premier and Leader of the Opposition (Hon R G Kerin) and conducted to the Chair, where he returned his acknowledgment to the House for the great honour it had been pleased to confer upon him by electing him to be Speaker.

 

10      Suspension and resumption of sitting

         At 3.35 pm the sitting of the House was suspended.

         At 3.48 pm the Speaker resumed the Chair.

 

11      Presentation of Speaker

The Speaker informed the House that His Excellency the Governor’s Deputy would be prepared to receive the House for the purpose of presenting the Speaker.

 

The Speaker, attended by a deputation of Members, then proceeded to Government House for the purpose of presenting himself to His Excellency the Governor’s Deputy, and had informed His Excellency that, in pursuance of the powers conferred on the House by section 34 of the Constitution Act, the House of Assembly had this day proceeded to the election of Speaker following the resignation of the former Speaker and had done him the honour to elect him to that high office; whereupon His Excellency had been pleased to make the following reply:

 

         To the Honourable the Speaker and Members of the House of Assembly

         I congratulate the Members of the House of Assembly on their choice of the Speaker.

         Government House, 4 April 2005.            BRUNO KRUMINS, GOVERNOR’S DEPUTY

 

 

 

 

12      Chairman of Committees

         Hon I F Evans moved - That Mr Snelling be appointed as Chairman of Committees of the whole House during the present Parliament.

         Question put and passed.

 

13      Suspension of Standing Orders

The Attorney-General (Hon M J Atkinson), without notice, moved - That Standing Orders be so far suspended as to enable the introduction and passage of a Bill through all stages forthwith.

Debate ensued.

Question put and there being a negative voice.

 

         House divided (No 1):

 

           Ayes, 24

           Noes, 21

 

Ms Bedford

Mr Brindal

Ms Breuer

Mr Brokenshire

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Mr Hanna

Hon J D Lomax-Smith

Hon R G Kerin

Hon K A Maywald

Hon D C Kotz

Hon R J McEwen

Hon W A Matthew

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon D C Brown (Teller)

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

 

         So it was resolved in the affirmative.

 

         Parliamentary Privilege (Special Temporary Abrogation) Bill

The Attorney-General, pursuant to order, moved - That he have leave to introduce a Bill for an Act to temporarily remove any bars arising from Parliamentary privilege to the exercise by police officers of their usual investigatory powers in relation to certain documentary material claimed to provide evidence of alleged criminal sexual misconduct; to temporarily remove any protection arising from Parliamentary privilege for certain allegations of criminal sexual misconduct or related criminal misconduct if made in the course of Parliamentary proceedings; 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.

Debate ensued.

Ordered, on motion of Mr Koutsantonis, by leave, that the debate be further adjourned until tomorrow.

 

14      Messages from the Legislative Council

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

 

         Criminal Law Consolidation (Criminal Neglect) Amendment Bill           Message No 29

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law Consolidation Act 1935, without any amendment.

         Legislative Council, 4 April 2005                                                     R R Roberts, PRESIDENT

 

         Joint Parliamentary Services Committee                                               Message No 30

MR SPEAKER - The Legislative Council informs the House of Assembly that it has appointed the Hon R K Sneath in place of the Hon C Zollo (resigned), on the Joint Parliamentary Services Committee pursuant to Section 5 of the Parliament (Joint Services) Act 1985, and has appointed the Hon G E Gago to be the alternate member to the Hon R K Sneath.

         Legislative Council, 4 April 2005                                                     R R Roberts, PRESIDENT

 

15      Economic and Finance Committee - Substitution of Member

The Attorney-General, by leave, moved - That Hon P L White be appointed to the Economic and Finance Committee in place of Mr O’Brien, resigned.

Question put and passed.

 

16      Adjournment

The Attorney-General moved – That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 10.09 pm until tomorrow at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 5 April 2005

 

Notice of Motion: Government Business -

 

The Minister for Health to move - That she have leave to introduce a Bill for an Act to amend the Transplantation and Anatomy Act 1983.

 

 

            For Wednesday 6 April 2005

 

Notices of Motion: Private Members Business Bills/ Committees/ Regulations –

 

Mr Caica to move – That the Two Hundred and Twelfth Report of Public Works Committee on the South Australian Forestry Corporation New Corporate Office Mount Gambier be noted.

 

Mr Rau to move – That the Natural Resources Committee Report on the Eastern Mt Lofty Ranges Catchment Area be noted.

 

            For Thursday 5 May 2005

 

Notices of Motion: Other Motions –

 

Ms Bedford to move – That this House congratulates the staff and the Board of the Mount Gambier District Health Service for their commitment and achievements in improving health services and patient safety following the recommendations of the Stokes Report.

 

 

 

Ms Ciccarello to move – That this House congratulates the South East Local Government Association and the Coorong District Council for their commitment and support to tourism by the signing of a joint three year agreement with the South Australian Tourism Commission to fund the marketing of tourism by Limestone Coast Tourism.

 

Ms Thompson to move – That this House congratulates the Metropolitan Fire Service and the Mount Gambier community for having the highest ratio of female firefighters in South Australia.

 

Mr O’Brien to move – That this House congratulates the Mount Gambier and Districts Road Safety Group for the Australian-first road safety initiative to use trucks to carry signs with simple road safety messages across the country.

 

Ms Breuer to move – That this House congratulates the community of Mount Gambier, the staff of TAFE and the volunteers and students who have now achieved 100 years of locally provided adult and technical education.

 

Mrs Geraghty to move – That this House congratulates the Wattle Range Council for their support for renewable energy generation and notes the role of the Mayor, Mr Don Ferguson and Chief Executive, Mr Frank Brennan in working to increase investment in wind farms in the South East.

 

Mr Snelling to move – That this House congratulates all the schools in the Limestone Coast district on their participation in the Government's School Pride initiative which is providing nearly $750,000 to improve facilities for schools and preschools in the Limestone Coast district.

 

Mr Koutsantonis to move – That this House congratulates the South East Natural Resources Consultative Committee and the South East community for their efforts in removing rubbish from sink holes thus reducing pollution of the region's groundwater.

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY