No 45

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 5 APRIL 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2        Condolence Motion – His Holiness Pope John Paul II

The Premier (Hon M D Rann), by leave, moved - That the House of Assembly expresses its sincere regret at the passing of the Pontiff, His Holiness Pope John Paul II and gives thanks for the life and works of a man whose courage, steadfast love and compassion marked him as a truly great icon for humankind.

And being supported by the Leader of the Opposition (Hon R G Kerin), Attorney-General (Hon M J Atkinson), Mr Scalzi, Minister for Agriculture, Food and Fisheries (Hon R J McEwen), Mr Brindal, Mr Snelling, Mrs Hall, Mr Koutsantonis and the Speaker.

Motion carried in silence; Members rising in their places.

 

3       Matter of Privilege – Deputy Premier

Mr Lewis raised as a matter of privilege an alleged inducement offered by the Deputy Premier to the Opposition to obtain an outcome to suit both the Deputy Premier and Opposition on the successful passage of the Parliamentary Privileges (Special Temporary Abrogation) Bill.

The Speaker advised that he would consider the matter and report back to the House.

 

4       Papers

         The following Papers were tabled:

 

By the Minister for Volunteers (Hon M D Rann) –

      "Advancing the Community Together, Implementation of – A Partnership Between the Volunteer Sector and the South Australian Government” – December 2004

 

By the Minister for Energy (Hon P F Conlon) –

      Retail Electricity Price Path, Inquiry into – March 2005

 

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

      Supreme Court of South Australia – Report 2004

 

      Regulations under the following Acts –

                  Community Titles – Electronic Applications

                  Real Property – Electronic Land Division Applications

                  Sexual Reassignment – Corresponding Laws

 

      Rules of Court –

                  Magistrates Court – Facsimile Signatures

                  Supreme Court – Single Judge

 

By the Minister for Health (Hon L Stevens) –

            Child and Youth Health – Report 2003-2004

      Dental Service, South Australian – Report 2003-2004

      Drug and Alcohol Services Council – Report 2003-2004

      Hospitals and Health Services Reports 2003-2004 –

                  Balaklava & Riverton Districts Health Service Inc.

                  Central Northern Adelaide Health Service

                  Central Yorke Peninsula Hospital Inc.

                  Meningie & Districts Memorial Hospital & Health Services Inc.

                  Quorn Health Services Inc.

                  Royal Adelaide Hospital

                  Southern Yorke Peninsula Health Service Inc.

      Human Services, Department – Report 2003-2004 – Amended Appendix 1: Hospital Activity Statements

 

By the Minister for Gambling (Hon M J Wright) –

      Regulations under the following Act –

                  Gaming Machines – Forms and Fees

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Regulations under the following Act –

                  Teachers Registration Standards – Qualifications

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Regulations under the following Act –

                  Adoption – Fees

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Apiary Industry Fund – Report 2003-2004

      Cattle Industry Fund – Report 2003-2004

      Deer Industry Fund – Report 2003-2004

      Pig Industry Fund – Report 2003-2004

      Sheep Industry Fund – Report 2003-2004.

 

5       Environment, Resources and Development Committee - Report – Plastic Bags

Ms Breuer brought up the 53rd Report of the Committee on Plastic Bags.

Report received.

Ordered to be published (Paper No 192).

 

6       Questions

Questions without notice were asked.

 

7       Speaker's Statement – Matter of Privilege

The Speaker stated that with respect to the matter of privilege raised earlier today by Hon I P Lewis, while for every Bill passed by the House there is likely to be an outcome that affects someone, it is not reasonable to suggest that any perceived outcome of a Bill could or should be regarded as an inducement to Members of the type that might be regarded as involving a breach of privilege.

In respect of the Parliamentary Privileges (Special Temporary Abrogation) Bill, as to possible outcomes, whether they include saving mates or saving Members from losing their seats is a question for the Members to decide and therefore he did not propose to give precedence to a motion regarding privilege.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Transplantation and Anatomy (Post-Mortem Examination) Amendment Bill

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

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 Hon D C Brown, that the debate be adjourned until tomorrow.

 

10      Postponement of business

The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), moved - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

Question put.

 

         House divided (No 1):

 

           Ayes, 24

           Noes, 22

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Mr Lewis

Mr O'Brien

Hon W A Matthew

Ms Rankine

Dr McFetridge

Hon M D Rann

Mr Meier

Mr Rau

Mrs Penfold

Mr Snelling

Mrs Redmond

Hon L Stevens

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Hon D C Brown (Teller)

Hon M J Wright

 

Hon R J McEwen (Teller)

 

 

         So it was resolved in the affirmative.

 

11      Suspension of Standing Orders

Hon D C Brown, without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion without notice forthwith.

Debate ensued.

Question put and there being a negative voice.

 

         House divided (No 2):

 

           Ayes, 21

 

           Noes, 25

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Hon K A Maywald

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Hon M D Rann

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Hon D C Brown (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

12      Primary Produce (Food Safety Schemes) (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.

 

13      Postponement of business

The Minister for Industrial Relations (Hon M J Wright), moved - That Orders of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 2.

Question put.

 

         House divided (No 3):

 

           Ayes, 24

           Noes, 20

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Mr Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Hon I F Evans (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

14      Occupational Health, Safety and Welfare (Safework SA) 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

Clauses Nos 1 to 3 agreed to.

Clause No 4 read.

 

Hon I F Evans moved, on page 4, after line 13, to insert—

Advisory Committee means the SafeWork SA Advisory Committee established under Part 2;

Question – That the amendment be agreed to – put.

 

         Committee divided (No 4):

 

           Ayes, 18

 

           Noes, 24

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Ms Chapman

Mr Caica

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Hon P F Conlon

Mr Hamilton-Smith

Hon K O Foley

Mr Hanna

Mrs Geraghty

Hon R G Kerin

Hon J D Hill

Hon W A Matthew

Hon S W Key

Dr McFetridge

Mr Koutsantonis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Hon I P Lewis

Mrs Redmond

Hon K A Maywald

Mr Scalzi

Hon R J McEwen

Mr Venning

Mr O'Brien

Mr Williams

Ms Rankine

Hon I F Evans (Teller)

Mr Rau

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

         So it passed in the negative.

 

Clause No 4 agreed to.

Clause No 5 read.

Hon I F Evans moved on page 6, lines 36 and 37, to delete subsection (5) and substitute:

(5)           The Minister must ensure that a vacant office is filled within 6 months after the vacancy occurs.

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

 

Hon I F Evans moved on page 8, lines 6 to 9, to delete paragraphs (b) and (c) and substitute:

(b)           if those deliberative votes are equal, the person presiding at the meeting does not have a casting vote.

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

 

Clause No 5 otherwise amended and agreed to.

Clause No 6 read.

Question – That the clause stand as printed – put.

 

         Committee divided (No 5):

 

           Ayes, 21

           Noes, 20

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Hon K A Maywald

Hon J D Lomax-Smith

Hon R J McEwen

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Mr Rau

Mrs Penfold

Hon L Stevens

Mrs Redmond

Hon R B Such

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Hon I F Evans (Teller)

Hon M J Wright(Teller)

 

 

         So it was resolved in the affirmative.

 

Clause No 7 agreed to.

Clause No 8 read.

 

Question – That the clause stand as printed – put.

 

         Committee divided (No 6):

 

           Ayes, 21

           Noes, 20

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Hon K A Maywald

Hon J D Lomax-Smith

Hon R J McEwen

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Mr Rau

Mrs Penfold

Hon L Stevens

Mrs Redmond

Hon R B Such

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Hon I F Evans (Teller)

Hon M J Wright(Teller)

 

 

         So it was resolved in the affirmative.

 

Clause No 9 agreed to.

Clause No 10 amended and agreed to.

Clause No 11 read.

 

Hon I F Evans moved on page 12, line 31, to delete "10" and substitute: 20

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

 

Clause No 11 agreed to.

Clause No 12 agreed to.

Clause No 13 read.

 

Hon I F Evans moved on page 14, line 27, to delete "consult with" and substitute “obtain the agreement of” and on page 14, line 28, after "subsection (4)(b)" insert: (and that agreement must not be unreasonably withheld)

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

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again tomorrow.

 

15      Adjournment

The Minister for Industrial Relations, moved – That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 10.06 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 6 April 2005

 

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

 

Mr Hanna to move – That this House establishes a Select Committee to examine and report upon –

(a)           the adequacy of current arrangements for the storage and transport of waste arising from uranium mining;

(b)           the impact of the proposed expansion of the Olympic Dam mine in terms of radioactive waste transport and storage;

(c)           whether waste arising from uranium mining should be subject to the Environment Protection Act 1993; and

(d)           any other relevant matter.

 

Ms Breuer to move – That the Fifty Third Report of the Environment, Resources and Development Committee entitled Plastic Bags be noted.

 

 

 

____________

 

 

Present during the day - All Members.

 

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

 

         Division No 3 -

               Ayes – The Premier (Hon M D Rann).

               Noes - Hon D C Kotz.

 

         Division No 4 -

               Ayes – Hon D C Kotz.

               Noes – The Premier.

 

         Division No 5  -

               Ayes – The Premier and Mrs Geraghty.

               Noes - Hon D C Brown and Hon D C Kotz.

 

         Division No 6  -

               Ayes – The Premier and Mrs Geraghty.

               Noes - Hon D C Brown and Hon D C Kotz.

 

 

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY