No. 48

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                           WEDNESDAY 24 MARCH 1993

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

                    Chair and read prayers.

 

 2             Petitions Nos 147 and 148

                The Acting Clerk announced that the following Members had lodged Petitions for

                    presentation:

 

                147    Hon. T.H. Hemmings from 100 residents of South Australia, requesting that the House urge the Government to provide for mandatory prison sentences for serious driving, larceny and firearm offences.

 

                148    Mrs Kotz from 6 208 residents of South Australia, requesting that the House urge the Government to increase funding to restore previous levels of staffing and bed numbers at Modbury Hospital.

 

 3             Legislative Review Committee - Report

                Mr McKee brought up the Twenty-fifth Report, 1992-93, of the Legislative Review

                    Committee.

                Report received and read as follows:

                The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                Honourable Members are warned that after further  consideration has been given to the Regulation the Committee may decide to take no further action.

                Regulation referred to -

                No. 246 Fisheries Act 1982 - Regulations - Transfer of Licence - Marine Scalefish

                    Fishery.

 

 4             Questions

                Questions without notice were asked.

 

 5             Paper

                The following Paper was laid on the Table:

 

                By the Deputy Premier (Hon. F.J. Blevins) -

                    Adelaide Casino, Police Supervision - Minute from Minister of Emergency Services to

                    Deputy Premier.

 

 

 

 6             Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

 7             Constitution (Electoral Districts Boundaries Commission) Amendment Bill

                Mr Gunn, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to                  amend the Constitution Act 1934.

                Question put and passed.

 

                Bill presented and read a first time.

                Mr Gunn moved - That this Bill be now read a second time.

                Ordered, on motion of the Minister of Public Infrastructure (Hon. J.H.C. Klunder), that

                    the     debate be adjourned until Wednesday next.

 

 8             Expiation of Offences (Trifling Offences) Amendment Bill

                Mr Gunn, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to                  amend the Expiation of Offences Act 1987.

                Question put and passed.

 

                Bill presented and read a first time.

                Mr Gunn moved - That this Bill be now read a second time.

                Ordered, on motion of Mr Hamilton, that the debate be adjourned until Wednesday next.

 

 9             Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No. 1 be postponed and taken into consideration after Order of the Day (Private Members Bills) No. 3.

 

10           Stamp Duties (Concessions) Amendment Bill

                Order of the Day read for the further consideration in Committee of the Stamp Duties                           (Concessions) Amendment Bill.

 

                                                                                            In Committee

                                                             Clause No. 3 further considered, amended and agreed to.

                                                             Clause No. 4 read.

                Mr Lewis moved on page 2, lines 27 to 36, to leave out this paragraph and insert in lieu                       thereof new paragraph as follows:

                (b)     a business where the business is situated in the State.

                To report progress and ask leave to sit again.

 

                                                                                                                         

 

                The House having resumed:

                Mr Ferguson 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 Wednesday next.

 

11           Local Government (Shopping Trolleys) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Local                   Government (Shopping Trolleys) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Mr Quirke, by leave, that the debate be further adjourned until                          Wednesday next.

 

 

 

 

12           Postponement of business

                Ordered - separately - That Notices of Motion (Committees/Regulations) Nos 1 to 6 be

                    Notices of Motion for Wednesday next.

 

13           TAB - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Oswald - That this House expresses its concern at the failure of the Government to provide a response to a question from the Member for Morphett asked during the Estimates Committees on 24 September 1992 into the decrease in profit incurred during the 1991-92 financial year in the operations of the TAB and requests the Economic and Finance Committee to enquire into the following matters:

                    (a) the reason why the TAB increase in profit on operations of 28% in 1987-88 on a turnover of $316 million has deteriorated each year to the extent that profit on operations has now decreased by 5% in 1991-92 on a turnover of $496 million;

                    (b)     the cause of the reversal and identification of those areas of TAB administration which have eroded the earlier profit base;

                    (c) the negative implications of this 5% decrease in profit on operations on Government revenue both in the past financial year and in the future;

                    (d)     the impact that this decrease will have on future distribution of profits to the three racing codes; and

                    (e) any other matters of a financial nature which the Committee may deem appropriate.

                Debate resumed.

                Question put.

                House divided (No. 1):

               Ayes, 21.                                                    Noes, 23.

            Hon. H. Allison

            Dr Armitage

            Hon. P.B. Arnold

            Mr D.S. Baker

            Mr S.J. Baker

            Mr Becker

            Mr Blacker

            Mr Brindal

            Hon. D.C. Brown

            Hon. J.L. Cashmore

            Hon. B.C. Eastick

            Mr S.G. Evans

            Mr Ingerson

            Mrs Kotz

            Mr Lewis

            Mr Matthew

            Mr Meier

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Mr Oswald (Teller)

 

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Hon. M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Hon. T.R. Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. M.K. Mayes (Teller)

                So it passed in the negative.

 

 

 

 

 

14           Postponement of business

                Ordered - severally - That Orders of the Day (Committees/Regulations) Nos 2 to 4 be                           Orders of the Day for Wednesday next.

 

15           Postponement of business

                Ordered - That Order of the Day (Committees/Regulations) No. 5 be an Order of the Day                     for Wednesday 21 April.

 

16           State Taxation Impact on Business - Motion re

                Mr S.J. Baker, pursuant to notice, moved - That this House views with concern the impact of State Taxation on South Australian business prospects and in particular the pressure being placed on such businesses to move their operations interstate to avoid the highest rates of taxation in Australia being imposed by the Government.

                Ordered, on motion of Hon. J.C. Bannon, that the debate be adjourned until Wednesday                    next.

 

17           State Debt - Motion re

                Mr S.J. Baker, pursuant to notice, moved - That this House condemns the methods used by the Government to avoid meeting accounts due and payable with the express intention of misrepresenting the true budget position and understating the State debt which is currently in excess of $8bn and could well exceed $9bn by the end of this financial year.

                Ordered, on motion of Hon. J.C. Bannon, that the debate be adjourned until Wednesday 21                               April.

 

18           Debt Accumulation - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr S.J. Baker - That this House condemns the debt accumulation of the Federal and South Australian Governments which have placed the Nation and this State in such difficult financial circumstances and which will act as millstones around the necks of our citizens for at least the next decade.

                Debate resumed.

                Ordered, on motion of Mr Meier, that the debate be further adjourned until Wednesday 21                                 April.

 

19           State Bank Sale - Motion re

                Order of the Day read for the adjourned motion of Mr S.J. Baker - That this House rejects any attempt by the Premier to force a sale of the State Bank without ensuring that -

                    (a) all monies from such sale are directed at debt reduction;

                    (b)     the sale price is maximised;  and

                    (c) South Australians retain the banking services of the State Bank and the Head Office thereof.

                Motion resumed.

                Ordered, on motion of Mr Holloway, that the debate be adjourned until Wednesday 21                       April.

 

20           Federal Coalition Environment Policy - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That this House welcomes the coordinated and cooperative approach to environmental enhancement and protection which will result from the Coalition's environment policy and looks forward to working with the Federal Coalition in establishing a `National Commitment to the Environment' with distinct goals and obligations for all levels of government and the community.

                Debate resumed.

                Ordered, on motion of Hon. T.H. Hemmings, that the debate be further adjourned until                        Wednesday next.

 

 

21           Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 4 be an Order of the Day for                                Wednesday 21 April.

 

22           Discharge of business

                Order of the Day (Other Motions) No. 5 read.

                Ordered - That this Order of the Day be discharged.

 

23           Agriculture, Departmental Review - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House notes the recently released Organisation Development Review Report of the Department of Agriculture but has great concern at the intended closure of nine regional offices vital to extension services in rural South Australia.

                Debate resumed.

                Mrs Hutchison moved to amend the motion by leaving out all the words after the word                       "Agriculture".

                Debate continued.

                Ordered, on motion of Mr Meier, that the debate be further adjourned until Wednesday 21                                 April.

 

24           Water Pollution by E & W S - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That this House condemns the Government for its blatantly irresponsible attitude in condoning the ongoing polluting of our marine and riverine environment resulting from the discharge of effluent and wastewater from Engineering and Water Supply Department sewage treatment works.

                Debate resumed.

                Ordered, on motion of Hon. P.B. Arnold, that the debate be further adjourned until                               Wednesday 21 April.

 

25           Postponement of business

                Ordered - severally - That Orders of the Day (Other Motions) Nos 8 to 11 be postponed

                    and taken into consideration after Order of the Day (Other Business) No. 12.

 

26           Wine Trade Expo - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr McKee - That this House expresses its support for the concept of hosting an international wine trade expo in South Australia involving all the key wine growing regions of the State as a boost to wine exports and to tourism and encourages the wine industry to fully support such an expo.

                Debate resumed.

                Question put and passed.

 

27           Discharge of business

                Order of the Day (Other Motions) No. 8 read.

                Ordered - That this Order of the Day be discharged.

 

28           National Parks Management - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That this House condemns this Government for its appalling neglect in the management and resourcing of National parks and reserves and calls on the Minister of Environment and Land Management to inform the House what immediate action the Government intends taking to reverse this totally unacceptable and irresponsible situation.

                Debate resumed.

 

 

 

                Ordered, on motion of Hon. J.L. Cashmore, that the debate be further adjourned until                           Wednesday next.

 

29           ABARE Conference - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House notes the findings of the Australian Bureau of Agricultural Resource Economics recent National Outlook Conference in Canberra and expresses its concern at the effect on the South Australian economy of the crisis facing primary industries.

                Debate resumed.

                Question put and passed.

 

30           Discharge of business

                Order of the Day (Other Motions) No. 11 read.

                Ordered - That this Order of the Day be discharged.

 

31           Postponement of business

                Ordered - That Order of the Day (Other Motions) No. 13 be an Order of the Day for                              Wednesday 21 April.

 

32           Superannuation Policies - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That this House commends the Federal Coalition for the sympathetic assistance it will provide in Government to self funded retirees under the Fightback package in recognising the unsympathetic taxation discrimination that has been of major concern to those who have prepared for their own retirement.

                Debate resumed.

                Ordered, on motion of Mrs Hutchison, that the debate be further adjourned until                  Wednesday 21 April.

 

33           Message from the Legislative Council

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

 

                Economic Development Bill                                                                                               Message No. 92

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to promote the economic development of the State; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                Legislative Council, 24 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1.    Page 3 (clause 7) - After line 12 insert new subclause as follows:-

                               “(2A)     The Minister must ensure that copies of any Ministerial direction given under this section are laid before both Houses of Parliament within 6 sitting days after the direction is given.”

                No. 2.    Page 6, line 12 (clause 13) - After “Board” insert “or the State”.

                No. 3.    Page 6, line 14 (clause 13) - After “gain” insert “directly or indirectly”.

                No. 4.    Page 6, line 15 (clause 13) - After “Board” insert “or the State”.

                No. 5.    Page 6, lines 21 to 23 (clause 14) - Leave out subclauses (1) and (2) and insert new subclauses as follow:-

                               “(1)    A member of the Board incurs no civil liability for -

                                              (a)     an act or omission done or made in pursuance of a Ministerial direction given under this Act; or

                                              (b)     an honest act or omission in the performance or purported performance of functions or duties under this Act.

 

 

 

                                    (2)     The immunity conferred by subsection (1)(b)  does not extend to culpable negligence.”

                No. 6.    Page 9, line 14 (clause 16) - After “if the agreement is” insert “consistent with the law of the State and”.

                No. 7.    Page 9, line 15 (clause 16) - Leave out “resolution of Executive Council” and insert “the Governor”.

                No. 8     Page 9 (clause 16) - After line 17 insert new subclauses as follow:-

                               “(3A)     If an authorisation is given under subsection (3) -

                                              (a)     the statutory power may be exercised by the Board as if the power had been duly delegated to it by the authority, body or person in whom the power is primarily vested; and

                                              (b)     the Board must consult with that authority, body or person in relation to the exercise of the power (but is not bound to comply with directions as to the exercise of the power given by that authority, body or person); and

                                              (c)     any statutory provisions governing, or incidental to,  the exercise of the power must be observed by the Board as if it were that authority, body or person; and

                                              (d)     any statutory provisions for appeal against or review of a decision to exercise the power or to refrain from exercising the power apply in relation to a decision by the Board in relation to the exercise of the power.

                               (3B)   An authorisation under subsection (3) is to be given, varied or revoked by proclamation.”

                No. 9.    Page 9 (clause 16) - After line 27 insert new subclause as follows:-

                               “(6)    Any approval, authorisation, ratification, consent, licence or exemption given under subsection (2), (3), (4), or (5) must -

                                              (a)     be notified in the Gazette  as soon as practicable after it is given;

                                              and

                                              (b)     be reported to both Houses of Parliament within 6 sitting days after it is given.”

                No.10.Page 10 (clause 17) - After line 14 insert new subclause as follows:-

                               “(3A)     The Board cannot delegate a statutory power that the Board is authorised to exercise by the Governor under section 16(3).”

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That Amendments Nos 1 to 8 be agreed to.

                Resolved - That Amendments No. 9 be disagreed to.

                Resolved - That Amendment No. 10 be agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 8 and 10 without amendment and had disagreed to Amendment No. 9. 

 

                Classification of Publications (Film Classification)

                    Amendment Bill                                                                              Message No. 93

                MR SPEAKER - The Legislative has passed the Bill transmitted herewith, titled an act to amend the Classification of Publications Act 1974, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 24 March 1993                                                                  G.L. Bruce, PRESIDENT

 

 

                Bill read a first time.

                Ordered - That the second reading be an Order of the Day for tomorrow.

 

34           Dried Fruits Bill

                The Minister of Primary Industries (Hon. T.R. Groom), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to assist the dried fruits industry; to repeal the Dried Fruits Act 1934; 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.

                Ordered, on motion of Mr Ingerson, that the debate be adjourned until tomorrow.

 

35           Members of Parliament (Register of Interests) (Returns) Amendment Bill

                Order of the Day read for the second reading of the Members of Parliament (Register of                      Interests) (Returns) Amendment Bill.

                The Minister of Housing, Urban Development and Local Government Relations (Hon. G.J. Crafter), moved - That this Bill be now read a second time.

                Ordered, on motion of Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

36           Evidence (Vulnerable Witnesses) Amendment Bill

                Order of the Day read for the second reading of the Evidence (Vulnerable Witnesses)                         Amendment Bill.

                The Minister of Education, Employment and Training (Hon. S.M. Lenehan) moved - That this Bill be now read a second time.

                Ordered, on motion of Mr S.J. Baker, that the debate be adjourned until tomorrow.

 

37           Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 3 to 19 be postponed and taken into consideration after Order of the Day (Government Business) No. 20.

 

38           Construction Industry Training Fund Bill

                Order of the Day read for the consideration in Committee of the amendments of the                              Legislative Council in the Construction Industry Training Fund Bill.

 

                                                                                            In Committee

                Resolved - That the amendments be agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

39           Workers Rehabilitation and Compensation (Review Authorities) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Review Authorities) Amendment Bill be now read a second time.

                Debate resumed.

 

40           Extension of time for adjournment

                The  Minister of Labour Relations and Occupational Health and Safety moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

                Question put and passed.

 

 

 

41           Workers Rehabilitation and Compensation (Review Authorities) Amendment Bill

                Debate (interrupted by the foregoing motion) resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 7 agreed to.

                                                             Clause No. 8 read.

                Mr Ingerson moved on page 3, lines 21 to 23, to leave out subsection (1) and to insert in

                    lieu thereof new subsection as follows:

                (1)     A Review Officer is to be appointed for a term of five years and is, on the expiration of a term of office, eligible for reappointment.

                Question put and negatived.

                Mr Ingerson moved on page 3, after line 31, to insert new subsection as follows:

                (3a)   The Chief Review Officer cannot be removed from office under subsection (3)(c) except with the concurrence of the President of the Tribunal.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 9 to 12 agreed to.

                                                             Clause No. 13 read.

                Mr Ingerson moved on page 5, line 18, to leave out the word "subsections" and insert in

                    lieu thereof the word "subsection"; and on line 22, to leave out the word "Minister" and insert in lieu thereof the words "President of the Tribunal"; and on lines 24 and 25, to leave out these lines.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 14 to 16 agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the Bill referred to it and had                       agreed to the same without amendment.

 

                Bill read a third time and passed.

 

42           Guardianship and Administration (Mental Capacity) Bill

                Order of the Day read for the adjourned debate on the question - That the Guardianship and Administration (Mental Capacity) Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                                                                                            In Committee

                                                             Clauses Nos 1 and 2 agreed to.

                                                             Clause No. 3 read.

                Dr Armitage moved on page 2, lines 21 and 23 to leave out all words in these lines.

                Question put and negatived.

                To report progress and ask leave to sit again.

 

                                                                                                                         

 

 

 

 

                The House having resumed:

                Mr Ferguson 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.

 

43           Messages from the Legislative Council

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

 

                Evidence (Miscellaneous) Amendment Bill                                                                    Message No. 94

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Evidence Act 1929 and to make a related amendment to the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 24 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                Ordered - That the second reading be an Order of the Day for tomorrow.

 

                Industrial Relations Advisory Council (Removal of Sunset Clause)

                 Amendment Bill                                                                                                 Message No. 95

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Industrial Relations Advisory Council Act 1983, without any amendment.

                Legislative Council, 24 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                Road Traffic (Miscellaneous) Amendment Bill                                                             Message No. 96

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 24 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                Ordered - That the second reading be an Order of the Day for tomorrow.

 

44           Adjournment

                House adjourned at 11.46 p.m. until tomorrow at 10.30 a.m.               

 

                                                                                                                        

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 25 March 1993

                Notice of Motion: Government Business -

 

The Minister of Labour Relations and Occupational Health and Safety to move - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986.

 

 

For Wednesday 31 March 1993

                Notice of Motion: Committees/Regulations -

 

Mr McKee to move - That the Regulations under the Fisheries Act 1982 relating to Marine Scalefish Fishery - Transfer of Licence made on 17 December 1992 and laid on the Table of this House on 9 February 1993, be disallowed.

 

 

                Notices of Motion: Other Motions -

 

Mrs Kotz to move - That this House condemns the Government for closure of hospital beds and staffing cuts at the Modbury Hospital which have caused distress and hardship to residents in need of medical attention and increased stress to staff and calls on the Government to give priority to re-establishing necessary levels of staffing and the number of beds required for the provision of adequate health care by the Hospital forthwith.

 

Mrs Hutchison to move - That this House calls on the Leader of the Opposition to immediately declare his support (in writing) for the Government's position on tariffs in the interests of the people of South Australia.

 

                                                                                                                         

 

                Present during the day - All the Members.

 

 

 

 

 

 

 

                                                                                                                                                                                N.T. Peterson

                                                                                                                                                                                SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY