No 48

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 6 MAY 2004

 

 

1       Meeting of House

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

 

2       Rural South Australia – Farmers Federation Policy Paper - Motion re

         Mr Venning, pursuant to notice, moved - That this House notes the recently released South Australian Farmers Federation policy paper entitled “Rural South Australia Policy for the Future – a Triple Bottom Line for the Future.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 27 May.

 

3       Meals on Wheels 50 Years of Service – Motion re

         Ms Rankine, pursuant to notice, moved - That this House recognises the enormous contribution to the South Australian community made by Meals on Wheels and its many thousands of volunteers, and congratulates them on 50 years of continuing service to our State.

         Debate ensued.

         Question put and passed.

 

4       Message from the Legislative Council

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

 

Freedom of Information (Miscellaneous) Amendment Bill

Message No 58

MR SPEAKER - The Legislative Council has, in reply to Message No 55 from the House of Assembly, agreed to grant a Conference on the Freedom of Information (Miscellaneous) Amendment Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of 1.30 pm this day to receive the Managers on behalf of the House of Assembly, at the Plaza Room on the first floor of the Legislative Council.

         Legislative Council, 6 May 2004                                                     R R Roberts, PRESIDENT

 

Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

 

Conference – Freedom of Information (Miscellaneous) Amendment Bill

Ordered, on motion of the Minister for Employment, Training and Further Education (Hon S W Key), that the sitting of the House be continued during the Conference with the Legislative Council on the Freedom of Information (Miscellaneous) Amendment Bill.

 

5       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 4.

 

6       Hydro Electric Technology - Motion re

         Ms Bedford, pursuant to notice, moved - That this House notes the application of innovative hydro electric technology used to generate renewable energy from a mini-hydro plant at SA Water’s Terminal Storage Tank site in Adelaide’s north eastern suburbs and which is a joint venture between SA Water and Hydro Tasmania.

         Debate ensued.

         Question put and passed.

 

7       Surf Life Saving Funding - Motion re

         Mr Brokenshire, pursuant to notice, moved - That this House calls on the Government to finalise the 2003/04 budget funding arrangements for Surf Life Saving SA, to honour its commitment to pass on any savings made by the cessation of the helicopter shark patrol service and to provide additional funding to offset its current financial deficit.

Mr Caica moved to amend the motion by deleting all words after “House” and inserting “congratulates the Government on finalising the budget funding arrangements for Surf Life Saving SA and recognises the Government’s increased commitment to Surf Life Saving in SA”.

         Debate ensued.

         Question – That the amendment be agreed to – put.

 

         House divided (No 1):

 

           Ayes, 24

           Noes, 18

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Mrs Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Mr Brokenshire (Teller)

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Mr Caica (Teller)

 

 

         So it was resolved in the affirmative.

 

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

 

         House divided (No. 2)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

           Ayes, 22

           Noes, 21

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Hon W A Matthew

Hon R J McEwen

Mrs Maywald

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Ms Thompson

Hon R B Such

Hon J W Weatherill

Mr Venning

Hon P L White

Mr Williams

Hon M J Wright

Mr Brokenshire (Teller)

Mr Caica (Teller)

 

 

         So it was resolved in the affirmative.

 

8       2003 Nobel Prize for Literature J M Coetzee - Motion re

         Ms Ciccarello, pursuant to notice, proceeded to move - That this House congratulates South African novelist, current Adelaide visitor and former Booker Prize winner, J M Coetzee on being awarded the 2003 Nobel Prize for literature.

 

____________

 

It being 1.00 pm, the motion was adjourned (Ms Ciccarello, by leave) and made an Order of the Day for Thursday 27 May.

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9       Petition No 71

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

 

71   Mr Meier, from 269 residents of South Australia, requesting the House to urge the Government to remove the requirement to pay the River Murray Levy from SA Water clients who do not use River Murray water on the Yorke Peninsula.

 

10      Public Works Committee - Reports – Public Capital Works Consultancies and Mobilong Prison – Independent Living Unit

 

Mr Caica brought up the Two Hundred and Fifth Report of the Committee on Public Capital Works Consultancies.

Report received.

Ordered to be published (Paper No 212).

 

Mr Caica brought up the Two Hundred and Sixth Report of the Committee on the Mobilong Prison – Independent Living Unit.

Report received.

Ordered to be published (Paper No 213).

 

11      Conference – Freedom of Information (Miscellaneous) Amendment Bill

The Minister for Families and Communities (Hon J W Weatherill) reported as follows:

I have to report that the Managers have been at the Conference on the Freedom of Information (Miscellaneous) Amendment Bill, which was managed on the part of the Legislative Council by the Hon G Gago, Hon J Gazzola, Hon I Gilfillan, Hon R D Lawson and Hon A J Redford and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that the following resolutions be agreed to.

 

As to Amendment No. 1:

That the Legislative Council do not further insist on its Amendment No. 1 but makes the following amendment in lieu thereof:

 

Clause 3, page 3 lines 10 to 20—Leave out subclause (1) and insert:

 

(1) The objects of this Act are, consistently with the principle of the Executive Government's responsibility to Parliament—

 

(a)     to promote openness in government and accountability of Ministers of the Crown and other government agencies and thereby to enhance respect for the law and further the good government of the State; and

(b)     to facilitate more effective participation by members of the public in the processes involved in the making and administration of laws and policies.

 

(1a) The means by which it is intended to achieve these objects are as follows:

 

(a)     ensuring that information concerning the operations of government (including, in particular, information concerning the rules and practices followed by government in its dealings with members of the public) is readily available to members of the public and to Members of Parliament; and

(b)     conferring on each member of the public and on Members of Parliament a legally enforceable right to be given access to documents held by government, subject only to such restrictions as are consistent with the public interest (including maintenance of the effective conduct of public affairs through the free and frank expression of opinions) and the preservation of personal privacy; and

(c)     enabling each member of the public to apply for the amendment of such government records concerning his or her personal affairs as are incomplete, incorrect, out-of-date or misleading.

 

And that the House of Assembly agree thereto.

 

As to Amendment No. 2:

That the House of Assembly do not further insist on its disagreement thereto.

 

As to Amendment No. 3:

That the Legislative Council do not further insist on its Amendment No. 3 but makes the following amendment in lieu thereof:

 

Clause 3, page 3, line 34—after "public" insert:

 

and Members of Parliament

 

And that the House of Assembly agree thereto.

 

As to Amendments Nos. 4 to 10 (inclusive):

That the House of Assembly do not further insist on its disagreement thereto.

 

As to Amendment No. 11:

That the Legislative Council do not further insist on its Amendment No. 11 but makes the following amendment in lieu thereof:

 

Clause 8, page 9, lines 14 and 15—Leave out this clause and insert:

 

 

 

Amendment of s. 53—Fees and charges

8. Section 53 of the principal Act is amended—

 

(a)       by inserting in subsection (2) "reasonable administrative" after "reflect the";

(b)       by inserting after subsection (2) the following subsection:

 

(2aa)            A fee or charge can only be required by an agency under this Act in respect of the costs to the agency of finding, sorting, compiling and copying documents necessary for the proper exercise of a function under this Act and undertaking any consultations required by this Act in relation to the exercise of that function.

 

And that the House of Assembly agree thereto.

 

As to Amendment No. 12:

That the Legislative Council do not further insist on its Amendment No. 12 but makes the following amendment in lieu thereof:

 

Clause 11, page 10, lines 14 to 17—Leave out paragraph (g) and insert:

 

(g)    by striking out from subclause (2) of clause 6 "and the truth of those allegations or suggestions has not been established by judicial process" and substituting "the truth of which has not been established by judicial process and the disclosure of which would be unreasonable";

(ga    )by striking out subclause (4) of clause 6;

 

And that the House of Assembly agree thereto.

 

As to Amendments Nos. 13 to 15 (inclusive):

That the House of Assembly do not further insist on its disagreement thereto.

 

As to Amendment No. 16:

That the Legislative Council do not further insist on its amendment.

 

12      Questions

Questions without notice were asked.

Ordered, on motion of Hon G M Gunn, that the period for asking questions without notice be extended by 20 minutes.

Questions without notice resumed.

 

13      Grievance debate

On motion of the Speaker, the House noted grievances.

 

14      Message from the Legislative Council

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

 

         Conference – Freedom of Information (Miscellaneous) Amendment Bill

                                                                                                                        Message No 59

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Freedom of Information (Miscellaneous) Amendment Bill, has agreed to the same. The Bill is returned herewith.

         Legislative Council, 6 May 2004                                                 R. R. Roberts, PRESIDENT

 

Ordered - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole for the consideration of the recommendations of the Conference.

 

 

 

In Committee

 

Resolved - That the recommendations of the Conference be agreed to.

____________

 

The House having resumed:

Hon R B Such reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

15      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 Monday 24 May.

Question put and passed.

 

16      Postponement of business

Ordered severally - That Orders of the Day: Government Business Nos 2 to 5 be postponed and taken into consideration after Order of the Day: Government Business No 7.

 

17      Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

 

In Committee

 

Resolved – That the amendments be disagreed to.

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         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and has disagreed to the same.

 

18      Extension of time for adjournment

Ordered, on motion of the Attorney-General (Hon M J Atkinson), that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

19      Gaming Machines (Extension of Freeze) 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

Clause No 1 agreed to.

Clause No 2 read.

 

         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 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 Monday 24 May.

 

 

 

 

20      Adjournment and Next Day of Sitting

The Minister for Administrative Services (Hon M J Wright) moved – That the House do now adjourn until Monday 24 May at 2.00 pm.

Question put and passed.

House adjourned at 5.50 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 26 May 2004

 

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

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961 and the Summary Offences Act 1953.

 

Mr Caica to move – That the Two Hundred and Fifth Report of the Public Works Committee on Public Capital Works Consultancies, be noted.

 

Mr Caica to move – That the Two Hundred and Sixth Report of the Public Works Committee on Mobilong Prison – Independent Living Unit, be noted.

 

            For Thursday 27 May 2004

 

Notice of Motion: Other Motions -

 

Mr Brindal to move – That this House condemns the inaccurate and often unwarranted assertions made by the Minister for Families and Communities in his statement to this House on 6 May 2004.

 

            For Thursday 3 June 2004

 

Notice of Motion: Other Motions -

 

Mr O’Brien to move – That this House notes the State Government’s efforts to encourage the growth of early stage information and communications technology companies through investments made by its incubator; the Playford Centre.

 

 

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Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes - Minister for Health (Hon L Stevens)

               Noes –Deputy Leader of the Opposition (Hon D C Brown).

 

         Division No 2 -

               Ayes - Minister for Health (Hon L Stevens)

               Noes –Deputy Leader of the Opposition (Hon D C Brown).

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY