No 46

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 6 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        Message from the Governor

The following Message from the Governor’s Deputy was received and read:

 

Assent to Bills                                                                                         Message No 15

The Governor’s Deputy informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the fourth Session of the 50th Parliament, viz –

No 2 of 2005         An Act to amend the Classification (Publication, Films and Computer Games) Act 1995.

No 3 of 2005         An Act to amend the Industrial and Employee Relations Act 1994 and the Long Service Leave Act 1987.

Government House, 6 April 2005                                        B Krumins, GOVERNOR’S DEPUTY

 

3       Petition No 64

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

 

64   Mrs Penfold, from 317 residents of South Australia, requesting the House to urge the Government to move South Australia to true Central Standard Time of our correct Greenwich Mean Time of 135 degrees longitude being one hour behind the Eastern States and one hour ahead of Western Australia, at 2.00 am on Sunday 27th March 2005 at the end of Daylight Saving Time.

 

4       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

5       Paper

         The Speaker laid on the Table the following Paper:

 

      City of Charles Sturt – Report 2003-2004.

 

6       Legislative Review Committee - Reports – Seventeenth and Eighteenth

 

Seventeenth Report

Mr Hanna brought up the 17th Report of the Committee.

Report received.

 

Eighteenth Report

Mr Hanna brought up the 18th Report of the Committee.

Report received.

 

 

7       Public Works Committee - Report – Deepening of the Outer Harbour Shipping Channel

Mr Caica brought up the 213th Report of the Committee on the Deepening of the Outer Harbour Shipping Channel.

Report received.

Ordered to be published (Paper No 196).

 

8       Questions

Questions without notice were asked.

 

Hon D C Brown, moved – That Question time be extend to allow a further three questions to be asked by the Opposition.

Question put.

 

         House divided (No 1):

 

           Ayes, 19

 

           Noes, 22

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

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 W A Matthew

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Hon D C Brown (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Postponement of business

Ordered, severely - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1, 2 and 7 to be postponed until Wednesday 13 April.

 

11      Public Works Committee - Report – South Australian Forestry Corporation New Corporate Office Mount Gambier - Motion to note

Mr Caica, pursuant to notice, moved - That the Two Hundred and Twelfth Report of the Public Works Committee on the South Australian Forestry Corporation New Corporate Office Mount Gambier be noted.

Debated ensued.

Question put and passed.

 

12      Natural Resources - Report – Eastern Mt Lofty Ranges Catchment Area - Motion to note

Mr Rau, pursuant to notice, moved - That the First Report of the Natural Resources Committee on the Eastern Mt Lofty Ranges Catchment Area be noted.

Debated ensued.

Question put and passed.

 

 

 

 

13      Select Committee on the Storage and Transport of Nuclear Waste - Motion re

Mr Hanna, pursuant to notice, moved - That this House establish 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.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 4 May.

 

14      Environment, Resources and Development Committee - Report –Plastic Bags - Motion to note

Ms Breuer, pursuant to notice, moved - That the Fifty Third Report of the Environment, Resources and Development Committee on Plastic Bags be noted.

Debated ensued.

Question put and passed.

 

15      Select Committee on Nurse Training and Education

Order of the Day read for the Report of the Select Committee on Nurse Training and Education to be brought up.

 

Extension of time for bringing up Report

Ms Thompson, moved - That the time for bringing up the Report be extended until Wednesday 6 July.

Question put and passed.

 

16      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 2 and 3 be postponed until Wednesday 13 April.

 

17      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 4 be postponed until Wednesday 4 May.

 

18      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 5 be postponed until Wednesday 13 April.

 

19      Roadwork (Regulation) 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 negatived.

 

20      Constitution (Term of Members of the Legislative Council) Amendment Bill, Statutes Amendment (Multi-Member Electorates) Bill, Electoral (Optional Preferential Voting) Amendment Bill, Referendum (Term of Members of the Legislative Council) Bill, Referendum (Multi-Member Electorates) Bill, Direct Democracy (Citizen-Initiated Referendums) Bill, Referendum (Direct Democracy) Bill

Order of the Day read for the adjourned debate on the question - That these Bills be now read a second time.

Debate resumed.

 

Constitution (Term of Members of the Legislative Council) Amendment Bill

         Question – That the Constitution (Term of Members of the Legislative Council) Amendment Bill be now read a second time – put.

 

         House divided (No. 2):

 

           Ayes, 3

 

           Noes, 41

Mr I P Lewis

Ms Bedford

Mr Scalzi

Ms Breuer

Mr Hanna (Teller)

Mr Brindal

 

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

         Suspension of Standing Orders

Mr Lewis, without notice, moved - That Standing Orders be so far suspended as to enable the deferral of further consideration of the Statutes Amendment (Multi-Member Electorates) Bill, Electoral (Optional Preferential Voting) Amendment Bill, Referendum (Term of Members of the Legislative Council) Bill, Referendum (Multi-Member Electorates) Bill, Direct Democracy (Citizen-Initiated Referendums) Bill, Referendum (Direct Democracy) Bill until a date to be determined.

Question put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 3):

 

           Ayes, 17

 

           Noes, 25

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Mrs Geraghty

Mr Hamilton-Smith

Hon G M Gunn

Hon R G Kerin

Mrs Hall

Hon W A Matthew

Mr Hanna

Dr McFetridge

Hon J D Hill

Mr Meier

Hon S W Key

Mrs Penfold

Mr Koutsantonis

Mrs Redmond

Hon J D Lomax-Smith

Mr Scalzi

Hon K A Maywald

Mr Venning

Hon R J McEwen

Mr Williams

Mr O'Brien

Mr Lewis (Teller)

Ms Rankine

 

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

         Statutes Amendment (Multi-Member Electorates) Bill

         Question – That the Statutes Amendment (Multi-Member Electorates) Bill be now read a second time – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No. 4):

 

           Ayes, 2

 

           Noes, 42

Mr Hanna

Ms Bedford

Mr Lewis (Teller)

Ms Breuer

 

Mr Brindal

 

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

21      Supply Bill

The Minister for Administrative Services (Hon M J Wright), without notice moved - That he have leave to introduce a Bill for an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2006.

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 I F Evans, that the debate be adjourned until tomorrow.

 

22      Paper

         The following Paper was tabled:

 

         By the Minister for Administrative Services –

               Ministerial Statement – Eyre Peninsula Bushfires.

 

23      Occupational Health, Safety and Welfare (Safework SA) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

Clause No 13 further considered and agreed to.

Clause No 14 agreed to.

Clause No 15 read.

 

Hon I F Evans moved on page 15, lines 13 to 42, page 16, lines 1 to 7, to delete subclauses (2), (3) and (4)

Question – That the amendment be agreed to – put.

 

         Committee divided (No 5):

 

           Ayes, 21

 

           Noes, 21

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Hanna

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Mr Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Hon K A Maywald

Mr O'Brien

Hon R J McEwen

Ms Rankine

Dr McFetridge

Hon M D Rann

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)

 

         Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Noes.

 

So it was passed in the negative.

 

Clause No 15 agreed to.

Clause No 16 read.

 

Hon I F Evans moved on page 16, after line 33, to insert:

(6)           An expiation notice cannot be issued under subsection (5) after the third anniversary of the commencement of that subsection.

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

 

Clause No 16 agreed to.

Clauses Nos 17 to 20 agreed to.

Clause No 21 read.

Clause amended.

 

Question – That the clause as amended be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 6):

 

           Ayes, 24

           Noes, 18

 

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

Mrs Geraghty

Mr Goldsworthy

Mr Hanna

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Mr Lewis

Mr Meier

Hon K A Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Mr O'Brien

Mr Scalzi

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

Hon I F Evans (Teller)

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright (Teller)

 

 

         So it was resolved in the affirmative.

 

Clause No 22 agreed to.

Clause No 23 read.

 

Hon I F Evans moved on page 18, after line 30, to insert:

(a1)         In this section—

prescribed training course means a training course in conciliation and mediation prescribed by the regulations for the purposes of this definition;

qualified conciliator/mediator means—

(a)    the Employee Ombudsman; or

(b)    a member of the staff of the Employee Ombudsman who has successfully completed a prescribed training course and who is authorised by the Employee Ombudsman to act as a conciliator or mediator under this section; or

(c)    an inspector who has successfully completed a prescribed training course and who is authorised by the Director to act as a conciliator or mediator under this section.

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

 

Hon I F Evans moved on page 18, after line 30, to insert:

(a2)         For the purposes of this section, bullying is behaviour—

(a)  that is directed towards an employee or a group of employees, that is repeated and systematic, and that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine or threaten the employee or employees to whom the behaviour is directed; and

(b)  that creates a risk to health or safety.

(a3)         However, bullying does not include—

(a)    reasonable action taken in a reasonable manner by an employer to transfer, demote, discipline, counsel, retrench or dismiss an employee; or

(b)    a decision by an employer, based on reasonable grounds, not to award or provide a promotion, transfer, or benefit in connection with an employee's employment; or

(c)    reasonable administrative action taken in a reasonable manner by an employer in connection with an employee's employment; or

(d)    reasonable action taken in a reasonable manner under an Act affecting an employee.

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

 

Clause No 23 otherwise amended and agreed to.

Clause No 24 read.

 

Hon I F Evans moved on page 20, lines 35 to 38, page 21, lines 1 to 5, to delete subclause (4) and substitute:

(4)      Section 58—after subsection (6) insert:

(6a)        A court before which proceedings for summary offences against this Act may be commenced may, on application under this subsection, extend a time limit that would otherwise apply under subsection (6) in a particular case if satisfied that a prosecution could not reasonably have been commenced within the relevant period due to a delay in the onset or manifestation of an injury, disease or condition.

Question – That the amendment 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 on motion.

 

24      Extension of time for adjournment

Ordered, on motion of the Minister for Industrial Relations (Hon M J Wright), that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

25      Occupational Health, Safety and Welfare (Safework SA) Amendment Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

Clause No 24 further considered, otherwise amended and agreed to.

Clause No 25 agreed to.

Clause No 26 read.

 

Hon I F Evans having by leave, amended his amendment, moved on page 22, after line 27, to insert:

(2c)         The Authority must not recognise or approve a course of training under subsection (2a) unless or until it has consulted with a body that, in the opinion of the Advisory Authority, represents the interests of directors or senior executives within the State.

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

 

Clause No 26 agreed to.

Clauses Nos 27 to 31 agreed to.

Clause No 32 amended and agreed to.

Clauses Nos 33 and 34 agreed to.

Clause No 35 amended and agreed to.

Schedule No 1 amended and agreed to.

Schedule No 2 agreed to.

Title agreed to.

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

 

 

The Minister for Industrial Relations moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

26      Messages from the Legislative Council

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

 

         Statutes Amendment (Drink Driving) Bill                                                Message No 31

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Motor Vehicle Act 1959 and the Road Traffic Act 1961 with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 5 April 2005                                                     R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 8, page 4, after line 23—

Insert:

(4)           In subsection (3)—

Metropolitan Adelaide has the same meaning as in the Development Act 1993.

 

Amendment No 2

Clause 12, page 7, line 39—

After "subsection (2)" insert:

or, if the member of the police force giving the notice is satisfied that, in the circumstances, it would be appropriate to postpone the commencement of the relevant period, at a later time specified in the notice (which must be not more than 48 hours after the time at which the person is given the notice)

 

Amendment No 3

Clause 12, page 8, after line 19—

Insert:

(13)         Commencement of the relevant period applying under a notice of immediate licence disqualification or suspension may be postponed in accordance with subsection (12)(a)(i) subject to any conditions specified in the notice.

(14)         The Commissioner of Police must establish procedures to be followed by members of the police force giving notices of immediate licence disqualification or suspension under this section for the purpose of determining whether the commencement of the relevant period should be postponed under subsection (12)(a)(i) and the conditions (if any) on which the postponement should be granted.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for tomorrow.

 

         Children’s Protection (Mandatory Reporting) Amendment Bill               Message No 32

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Children’s Protection Act 1993, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 6 April 2005                                                     R R Roberts, PRESIDENT

 

Bill read a first time.

Ordered – That the second reading be an Order of the Day for Wednesday 13 April.

 

27      Adjournment

House adjourned at 10.20 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 13 April 2005

 

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

 

Mr Hanna to move – That the Report of the Legislative Review Committee on an Inquiry into Section 69a of the Evidence Act 1929 - Suppression Orders be noted.

 

Mr Caica to move – That the Two Hundred and Thirteenth Report of the Public Works Committee on the Deepening of the Outer Harbor Shipping Channel be noted.

 

 

____________

 

 

Present during the day - All Members except Hon D C Kotz.

 

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

 

         Division No 1 -

               Ayes – Hon D C Kotz and Mrs Penfold.

               Noes - The Premier (Hon M D Rann), Deputy Premier (Hon K O Foley).

 

         Division No 3 -

               Ayes - Hon D C Kotz, Mr Brindal.

               Noes - The Premier, Deputy Premier.

 

         Division No 5  -

               Ayes – The Leader of the Opposition (Hon R G Kerin), Hon D C Kotz.

               Noes – The Deputy Premier, Minister for Infrastructure (Hon P F Conlon).

 

         Division No 6 -

               Ayes - The Deputy Premier, Minister for Infrastructure.

               Noes - The Leader of the Opposition, Hon D C Kotz.

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY