No 46

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 21 NOVEMBER 2002

 

 

1       Meeting of House

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

 

2       Postponement of business

Ordered - That Notices of Motion: Other Motions Nos 1 and 2 be postponed until Thursday 28 November.

 

3       Postponement of business

Ordered - That Notice of Motion: Other Motions No 3 be postponed and taken into consideration after Notice of Motion: Other Motions No 13.

 

4       Postponement of business

Ordered - That Notices of Motion: Other Motions Nos 4 and 6 be postponed and taken into consideration after Notice of Motion: Other Motions No 7.

 

5       National Netball Champions – Open and Under 21s - Motion re

Mr Snelling, pursuant to notice, moved - That this House congratulates the South Australian Open and Under 21 Netball Teams on their outstanding victories against New South Wales in this year’s National Netball Championships.

         Debate ensued.

         Question put and passed.

 

6       Sarnya Parker – IPC World Cycling Champion - Motion re

Ms Ciccarello, pursuant to notice, moved - That this House congratulates South Australian Sports Institute scholarship holder – Sarnya Parker on winning 3 gold medals at the recent IPC World Cycling Championships for the disabled in Augsburg, Germany.

         Debate ensued.

         Question put and passed.

 

7       World Cycling Championship 2002 - Motion re

Ms Ciccarello, pursuant to notice, moved - That this House congratulates South Australian cyclists – Jobie Dajka, Luke Roberts and Rosealee Hubbard on their outstanding performances at the Copenhagen World Cycling Championships last month.

         Debate ensued.

         Question put and passed.

 

8       World Rowing Championships 2002 - Motion re

Ms Ciccarello, pursuant to notice, moved - That this House congratulates South Australian Sports Institute rowers – Sally Causby, Amber Halliday and Miranda Bennett on gold medal victories at the 2002 World Rowing Championships in Seville, Spain.

         Debate ensued.

         Question put and passed.


 

9       L Shaped Park- Handover to Traditional Owners - Motion re

Ms Bedford, pursuant to notice, moved - That this House congratulates the State Government on the pending handover of the land known as the L Shaped Park to the traditional owners and acknowledges the Premier’s commitment to indigenous people and the reconciliation process, as well as recognising the environmental importance of the land and its connection to indigenous people.

         Debate ensued.

         Question put and passed.

 

10      Gardening Together Competition - Motion re

Ms Thompson, pursuant to notice, moved - That this House commends the South Australian Housing Trust and all others involved in the conduct of “Gardening Together” and congratulates all winners.

         Debate ensued.

         Question put and passed.

 

11      Postponement of business

Ordered - That Notice of Motion: Other Motions No 10 be postponed and taken into consideration after Notice of Motion: Other Motions No 3.

 

12      World Life Saving Championship 2002 - Motion re

Ms Rankine, pursuant to notice, moved - That this House congratulates Ms Rebecca Crack on her outstanding achievement in winning 4 gold, I silver and 2 bronze medals at the World Life Saving Championships at Daytona, USA in May this year.

         Debate ensued.

         Question put and passed.

 

13      Northern Districts State Emergency Services Unit - 40 Years of Service - Motion re

Hon M R Buckby, pursuant to notice, moved - That this House congratulates the Northern Districts State Emergency Services Unit on 40 years of service to the community in the northern suburbs and South Australia.

         Debate ensued.

         Question put and passed.

 

14      Lleyton Hewitt – Tennis World No 1 - Motion re

Mrs Geraghty, pursuant to notice, moved - That this House congratulates Lleyton Hewitt on becoming the first Australian to successfully defend the year-end No 1 world ranking and the seventh player overall to achieve this feat after winning the Tennis Masters Cup for the second consecutive year in Shanghai last week.

         Debate ensued.

         Question put and passed.

 

15      Classic Adelaide Rally 2002 - Motion re

      Mr Hamilton-Smith, pursuant to notice, proceeding to move - That this House

            (a)  commends Silverstone Events Pty Ltd and the South Australian Tourism Commission                  for the outstanding success achieved in the conduct of the 2002 Classic Adelaide Rally ;

            (b)  congratulates all volunteers, South Australian Police officers, State Emergency Services              personnel, South Australian Ambulance Service personnel and St Johns volunteers,                         competitors, sponsors, local councils and other community groups who contributed to                       the success of the event; and

            (c)  calls on the Government to continue funding support for the Classic Adelaide Rally in                   the years ahead.

 

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It being 1.00 pm, the motion was adjourned (Mr Hamilton-Smith, by leave) and made an Order of the Day for Thursday next.

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16      Papers

         The following Papers were tabled:

 

By the Speaker –

      Local Government Act 1999 -

                  Alexandrina Council – Report 2001-2002

                  Barossa Council – Report 2001- 2002

 

By the Minister for Local Government (Hon J W Weatherill) –

                  Local Government Act – By-laws –

                        District Council of Robe –

                           No 1 – Permits and Penalties

                           No 2 – Moveable Signs

                           No 3 - Roads

                           No 4 – Local Government Land

                           No 5 - Dogs

                           No 6 – Bird Scarers

                        District Council of Yankalilla –

                           No 1 – Permits and Penalties

                           No 2 – Moveable Signs

                           No 3 - Roads

                           No 4 – Local Government Land

                           No 5 - Dogs

 

17      Legislative Review Committee – Report

Mr Hanna brought up the Report of the Committee on Regulations under the Passenger Transport Act 1994, No 243 of 2001.

Report received.

 

18      Questions

Questions without notice were asked.

 

19      Grievance debate

On motion of the Speaker, the House noted grievances.

 

20      Next day of sitting

Ordered, on motion of the Deputy Premier (Hon K O Foley) - That the House at its rising adjourn until Tuesday 26 November at 2.00 pm.

 

21      Postponement of business

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

 

22      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 3 be postponed until tomorrow.

 

23      Constitution (Ministerial Offices) 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.

 

24      Extension of time for adjournment

Ordered, on motion of the Deputy Premier - That the time for moving the adjournment of the House be extended beyond 5.00 pm.


25      Constitution (Ministerial Offices) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

         Bill read a second time.

 

         Proceeded, by leave, to the third reading.

         Bill read a third time and passed.

 

26      Message from the Legislative Council

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

 

         South Australian Metropolitan Fire Service (Fire Prevention) Amendment Bill                                                                 Message No 54

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the South Australian Metropolitan Fire Service Act 1936, without any amendment.

         Legislative Council, 21 November 2002                                            R R Roberts, PRESIDENT

 

27      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration after Notice of Motion: Government Business No 3.

 

28      Terrorism (Commonwealth Powers) Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth.

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 the Leader of the Opposition (Hon R G Kerin), that the debate be adjourned until tomorrow.

 

29      Select Committee on Cemetery Provisions of the Local Government Act - Motion re

The Minister for Local Government, pursuant to notice, moved -

That this House establish a Select Committee to examine and report upon the cemetery provisions (Part 30) of the Local Government Act 1934, including consideration of -

(a)     an appropriate legislative and administrative framework for the regulation and administration of interment within all cemeteries in South Australia, irrespective of ownership, location or operational status;

(b)     an appropriate legislative and administrative framework for the disposal of non-cremated human remains and management of gravesites outside of cemeteries;

(c)     the need for any identification of or disposal authorisation for bodies prior to burial;

(d)     terms, renewal, transfer and nature of interment rights, including implications for the ongoing financial viability of cemetery operations;

(e)     appropriate processes for, management of and rights at end of tenure of individual gravesites and with respect to closed or derelict cemeteries, gravesites or graveyards;

(f)      specific requirements for people from culturally and religiously diverse backgrounds, and their customs and practices with respect to interment of human remains in cemeteries;

(g)     any special requirements for the preservation of pioneer remains, burial sites and monuments;

(h)     any special requirements for the burial sites of Aboriginal people where there is an interface between Aboriginal burial sites and European burial sites;

(i)            any special requirements for the resting place or monuments (headstones & plaques) of ex-service men and women;

(j)            innovative ways of acknowledging the deceased, including via multiuse parks and gardens;

(k)     previous recommendations under points 1.3, 1.5, 1.7, 3.1 to 3.9, 4.1, 4.2 and 5.2 of the Report of the Select Committee of the Legislative Council on Disposal of Human Remains in South Australia, 18 November 1986; and

(l)            any other related matter.

         Question put and passed.


 

Select Committee

And a Committee was appointed consisting of Mr Brindal, Mr Caica, Ms Ciccarello, Mrs Redmond, Mr Snelling, Hon R B Such and Hon J W Weatherill.

Ordered - That the Committee have power to send for persons, papers and records and to adjourn from place to place and that the Committee report on 10 April 2003.

 

Suspension of Standing Order 339

The Minister for Local Government, without notice, moved – That Standing Order 339 be and remain so far suspended as to enable the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence presented to the Committee prior to such evidence being reported to the House.

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

 

30      Extension of sitting

Ordered, on motion of the Premier - That the sitting of the House be extended beyond 6.00pm.

 

31      Report of the Auditor-General 2001-2002 - Motion re

The Minister for Government Enterprises, pursuant to notice, moved – That Standing Orders be and remain so far suspended as to enable the Report of the Auditor-General 2001-2002 to be referred to a Committee of the whole House and for Ministers to be examined on matters contained in the papers in accordance with the following timetable -

Thursday 21 November 2002

Premier, Minister for Economic Development, Minister for the Arts, Minister for Volunteers (30 minutes)

Minister for Health (30 minutes)

Minister for Social Justice, Minister for Housing, Minister for Youth, Minister for the Status of Women (30 minutes)

Thursday 28 November 2002

Deputy Premier, Treasurer, Minister for Industry, Investment and Trade (45 minutes)

Attorney-General, Minister for Justice, Minister for Consumer Affairs, Minister for Multicultural Affairs (30 minutes)

Minister for Education and Children’s Services (30 minutes)

Minister for Tourism, Minister for Small Business, Minister for Science and Information Economy, Minister for Employment, Training and Further Education (30 minutes)

Wednesday 4 December 2002

Minister for Government Enterprises, Minister for Energy, Minister for Police, Minister for Emergency Services (45 minutes)

Minister for Environment and Conservation, Minister for the River Murray, Minister for Gambling, Minister for the Southern Suburbs (30 minutes)

Minister for Transport, Minister for Industrial Relations, Minister for Recreation, Sport and Racing (30 minutes)

Minister for Urban Development and Planning, Minister for Local Government, Minister for Administrative Services (30 minutes).

         Question put and passed.

 

         Report of the Auditor-General 2001-2002

The Minister for Government Enterprises, moved – That the examination of the Report of the Auditor-General 2001-2002 be taken into consideration forthwith.

         Question put and passed.

 

In Committee

Premier, Minister for Economic Development, Minister for the Arts, Minister for Volunteers (Hon M D Rann) and Minister Assisting the Premier in the Arts (Hon J D Hill) examined.

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Hon R B Such reported that the Committee had examined the Ministers on matters contained in the Report referred to it, had made progress therein and asked leave to sit again.

Ordered, - That the further consideration in Committee of this Report be made an Order of the Day for Tuesday 26 November.

 

32      Adjournment

House adjourned at 6.16 pm until Tuesday 16 November at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

            For Wednesday 27 November 2002

 

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

 

Mr Hanna to move – That the Report of the Legislative Review Committee on Regulations under the Transport Act 1994 - No 243 of 2001 be noted.

 

            For Thursday 28 November 2002

 

Notices of Motion: Other Motions -

 

Mr Hamilton-Smith to move – That this House –

(a)  congratulates and commends the South Australian Tourism Commission, Australian Major Events and all others involved in organising the 2002 Mitsubishi Adelaide International Horse Trials;

(b)  thank all volunteers, the South Australian Police and Ambulance Services and other emergency services personnel involved; and

(c)  calls on the Government to continue funding and other support in future years.

 

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY