No 45

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 3 MAY 2004

 

 

1       Meeting of House

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

 

2       Petitions Nos 65 to 68

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

 

65   The Premier (Hon M D Rann), from 14 citizens of South Australia, requesting the House to take all steps possible to place public pressure on the ABC Management to observe its own charter – to be an ABC for everyone – and restore local sports coverage to ABC TV news bulletins.

 

66   The Minister for Infrastructure (Hon P F Conlon), from 20 electors of Elder Ward, requesting the House to urge the Government to give urgent attention to the living conditions endured by your electors as a result of the on-going breach of EPA orders by the business known as Ryan’s Fuel and Garden Supplies.

 

67   The Deputy Leader of the Opposition (Hon D C Brown), from 406 residents of South Australia, requesting the House to urge the Government to maintain the Repatriation General Hospital as an independent hospital to serve the particular needs of veterans and for the Hospital to retain its Board and receive its funding directly from the Minister for Health.

 

68   Mr Snelling from 22 residents of South Australia, requesting the House to pass the recommended legislation coming from the Constitutional Convention and provide for a referendum, at the next election, to adopt or reject each of the Convention’s proposals.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 119, 120, 133, 189, 221, 222, 225, 242, 256, 259, 260, 264, 266, 274, 277, 278, 280, 282, 284, 290 to 293, 298, 307 and 308 and questions without notice were tabled by the Speaker.

 

4       Papers

         The Speaker laid on the Table the following reports:

 

      Police Complaints Authority – Report 2002-2003

 

      The 203rd Report of Public Works Committee entitled Millicent and District Hospital Sheoak Lodge Extensions which has been received and published pursuant to section 17(7) of the Parliamentary Committees Act 1991. (Paper No 207).

 

 

 

 

         The following Paper was tabled:

 

By the Attorney-General (Hon M J Atkinson) -

               Solicitor – General’s Report on the DPP’s handling of the Paul Nemer case and associated issues

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Aboriginal Lands Trust – Report 2001-2002

      Eyre Peninsula Catchment Water Management Board – Report 2002-2003.

 

5       Occupational Safety, Rehabilitation and Compensation Committee - Report – Inquiry into the Statutes Amendment (WorkCover Governance Reform) Bill 2003

Mr Caica brought up the Sixth Report of the Committee on the Statutes Amendment (WorkCover Governance Reform) Bill 2003.

Report received.

Ordered to be published (Paper No 210).

 

6       Public Works Committee - Report – Modification to River Murray Lock and Weir 9

Mr Caica brought up the 204th Report of the Committee on the Modifications to River Murray Lock and Weir 9.

Report received.

Ordered to be published (Paper No 208).

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Privileges Committee - Extension of time

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

The Attorney-General moved - That the time for bringing up the Report be extended until Thursday 6 May.

Question put and passed.

 

10      Postponement of business

Ordered severally - That Orders of the Day: Government Business Nos 2 to 18 be postponed and taken into consideration after Order of the Day: Government Business No 19.

 

11           Meat Hygiene (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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

12      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 2 and 3 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

13      Statutes Amendment and Repeal (Aggravated Offences) 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 to 4 agreed to.

Clause No 5 amended and agreed to.

Clauses Nos 6 to 9 agreed to.

Clause No 10 read.

 

Ms Chapman moved on page 10, lines 35 to 42, page 11, lines 1 to 5, to delete subsections (4) and (5).

Question – That the amendment be agreed to – put and negatived.

 

Clause No 10 agreed to.

Clauses Nos 11 and 12 agreed to.

Clause No 13 read.

 

Ms Chapman moved on page 12, line 21, after “Kidnapping” to insert; “and unlawful child removal”

Question – That the amendment be agreed to – put and negatived.

 

Ms Chapman moved on page 12, after line 21, to insert:—

38—Interpretation

In this Division—

child means a person under the age of 18 years;

detain—detention is not limited to forcible restraint but extends to any means by which a person gets another to remain in a particular place or with a particular person or persons;

take—a person takes another if the person compels, entices or persuades the other to accompany him or her or a third person.

Question – That the amendment be agreed to – put and negatived.

 

Ms Chapman moved on page 13, lines 2 to 23, to delete subsections (3), (4) and (5).

Question – That the amendment be agreed to – put and negatived.

 

Ms Chapman moved on page 13, after line 23, to insert:—

40—Unlawful removal of a child from jurisdiction

(1)    A person who wrongfully takes or sends a child out of the jurisdiction is guilty of an offence.

Maximum penalty:

               (a)        for a basic offence—imprisonment for 15 years;

               (b)        for an aggravated offence—imprisonment for 19 years.

(2)    For the purposes of subsection (1), a person acts wrongfully if—

(a)       the person acts in the knowledge that a person who has the lawful custody of the child (either alone or jointly with someone else) does not consent to the child being taken or sent out of the jurisdiction; and

Note—

As a general rule, the parents of a child have joint custody of the child (see Guardianship of Infants Act 1940, section 4).

               (b)        there is no judicial or statutory authority for the person's act.

Question – That the amendment be agreed to – put and negatived.

 

Clause No 13 agreed to.

Clauses Nos 14 to 25 agreed to.

New Clause No 25A inserted.

Clauses Nos 26 to 29 agreed to.

Title amended and agreed to.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments and had amended the title.

 

The Attorney-General moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

14      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 2, 3 and 5 to 17 be postponed and taken into consideration after Order of the Day: Government Business No 18.

 

15      Supply 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 Ms Chapman, that the debate be further adjourned until tomorrow.

 

16      Adjournment

House adjourned at 10.00 pm until tomorrow at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 4 May 2004

 

Notices of Motion:  Government Business -

 

The Minister for Gambling to move – That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

 

The Minister for Gambling to move – That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

 

            For Wednesday 5 May 2004

 

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

 

Mr Caica to move – That the Two Hundred and Third Report of the Public Works Committee on the Millicent and District Hospital Sheoak Lodge Extensions, be noted.

 

Mr Caica to move – That the Two Hundred and Fourth Report of the Public Works Committee on the Modifications to the River Murray Lock and Weir 9, be noted.

 

Mr Caica to move – That the Sixth Report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation entitled the Statutes Amendment (WorkCover Governance Reform) Bill, be noted.

 

            For Thursday 6 May 2004

 

Notice of Motion:  Other Motions -

 

Hon D C Kotz to move – That this House urges the Government to –

(a)           implement a state-wide screening program which would detect permanent hearing impairment in infants by a median age of two months; and

(b)           adopt the recommendations of the evaluation report of the newborn screening and assessment  pilot program conducted in 2003/04.

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY