No. 49

 

                  VOTES AND PROCEEDINGS

 

                         OF THE

 

                    HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                             THURSDAY 25 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             Select Committee on the Juvenile Justice System

                The Minister of Primary Industries (Hon. T.R. Groom) brought up the Second Interim Report of the Select Committee on the Juvenile Justice System (Paper No. 184).

                Ordered - That consideration of the Report be an Order of the Day for Tuesday next.

 

 3             Occupational Health, Safety and Welfare (Registration Fees) Amendment Bill

                The Minister of Labour Relations and Occupational Health and Safety (Hon. R.J. Gregory), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986.

                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 Tuesday next.

 

 4             Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 1 to 4 be postponed and taken into consideration on motion.

 

 5             Guardianship and Administration (Mental Capacity) Bill

                Order of the Day read for the further consideration in Committee of the Guardianship and Administration (Mental Capacity) Bill.

 

                                                                                            In Committee

                                                             Clause No. 3 further considered and agreed to.

                                                             Clause No. 4 agreed to.

                                                             Clause No. 5 read.

                Dr Armitage moved on page 3, after line 21, to insert new paragraph as follows:

                    (aa)    the welfare of the person must be regarded as the paramount consideration;

                and on line 22, to leave out the words "(and this will be the paramount consideration)".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 6 to 11 agreed to.

                                                             Clause No. 12 amended and agreed to.

 

 

                                                             Clause No. 13 agreed to.

                                                             Clause No. 14 read.

                Dr Armitage moved on page 8, lines 10 to 21 to leave out these lines and insert in lieu                          thereof new subclause as follows:

                (10)   No person may be present at any sitting of the Board except -

                               (a) officers of or persons assisting the Board;

                               (b)     parties to the proceedings and any persons representing them in the proceedings;

                               (c) witnesses or persons making submissions, while giving evidence or making those submissions, or while permitted by the Board to remain;

                               (d)     the Public Advocate or his or her representative;

                               (e) any other person permitted by the Board to be present.

                Question put and negatived.

                Dr Armitage moved on page 8, line 29, to leave out the words "three months" and insert in                                 lieu thereof the words "one year".

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clauses Nos 15 and 16 agreed to.

                                                             Clause No. 17 read.

                To report progress and ask leave to sit again.

 

                                                                                                                         

 

                The House having resumed:

                Mr Ferguson reported that the Committee had further 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.

 

 6             Joint Select Committee on the Workers Rehabilitation and Compensation System

                The Minister of Health, Family and Community Services (Hon. M.J. Evans), by leave, moved that the Joint Select Committee on the Workers Rehabilitation and Compensation System have leave to sit during the sitting of the House today.

                Question put and passed.

 

 7             Guardianship and Administration (Mental Capacity) Bill

                Ordered - That further consideration in Committee of the Guardianship and Administration (Mental Capacity) Bill be now resumed.

 

                                                                                            In Committee

                                                             Clause No. 17 further considered and agreed to.

                                                             Clauses Nos 18 to 20 agreed to.

                                                             Clause No. 21 amended and agreed to.

                                                             Clauses Nos 22 to 27 agreed to.

                                                             Clause No. 28 read.

                Dr Armitage moved on page 14, to leave out lines 30 to 32.

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clauses Nos 29 to 44 agreed to.

                                                             Clause No. 45 amended and agreed to.

                                                             Clauses Nos 46 to 59 agreed to.

                                                             Clause No. 60 read.

                Dr Armitage moved on page 28, after line 12, to insert new paragraph as follows:

                (4a)   Before consenting to the carrying out of any prescribed treatment in relation to a person to whom this Part applies, the Board must allow such of the person's parents whose whereabouts are reasonably ascertainable a reasonable opportunity to make

 

 

                          submissions to the Board on the matter, but the Board is not required to do so if the Board is of the opinion that to do so would be in the best interests of the mentally incapacitated person.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 61 amended and agreed to.

                                                             Clauses Nos 62 to 64 agreed to.

                                                             Clause No. 65 read.

                Dr Armitage moved on page 30, to leave out lines 31 to 39.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 66 to 83 agreed to.

                                                             Schedule amended and agreed to.

                                                             Clause No. 1 reconsidered, amended and agreed to.

                                                             Title amended and 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 with amendments and had amended the Title.

 

                Bill read a third time and passed.

 

 8             Mental Health Bill

                Order of the Day read for the adjourned debate on the question - That the Mental Health Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 5 agreed to.

                                                             Clause No. 6 read.

                Dr Armitage moved on page 3, line 32, to leave out the word "Psychiatry" and to insert, in                                 lieu thereof the words "Mental Health".

                Question put and negatived.

                Dr Armitage moved on page 3, lines 34, 36 and 37, to leave out the word "Psychiatry" where occurring and to insert in lieu thereof the words "Mental Health".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 7 to 19 agreed to.

                                                             Clause No. 20 read.

                Dr Armitage moved on page 8, lines 40 and 41, to leave out the words "or by a medical practitioner" and insert in lieu thereof the words "a medical practitioner or a guardian or relative of the person the subject of the application".


                Question put.

                Committee divided (No. 1):

                          Ayes, 19.                                                                                        Noes, 21.

                    Hon. H. Allison

                    Mr D.S. Baker

                    Mr S.J. Baker

                    Mr Becker

                    Mr Blacker

                    Mr Brindal

                    Hon. D.C. Brown

                    Hon. B.C. Eastick

                    Mr Gunn

                    Mrs Kotz

                    Mr Lewis

                    Mr Matthew

                    Mr Meier

                    Mr Olsen

                    Mr Oswald

                    Mr Such

                    Mr Venning

                    Hon. D.C. Wotton

                    Dr Armitage (Teller)

 

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

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

Hon. M.K. Mayes

Hon. N.T. Peterson

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. M.J. Evans (Teller)

                So it passed in the negative.

                                                             Clause agreed to.

                                                             Clauses Nos 21 to 28 agreed to.

                                                             Clause No. 29 amended and agreed to.

                                                             Clauses Nos 30 to 37 agreed to.

                                                              Schedule 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 with an amendment.

 

                Bill read a third time and passed.

 

 9             Messages from the Legislative Council

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

 

                Statutes Amendment (Fisheries) Bill                                                                             Message No. 97

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Fisheries Act 1982, the Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) Act 1987 and the Fisheries (Southern Zone Rock Lobster Fishery Rationalization) Act 1987, 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 1, Long Title - Leave out ", the Fisheries (Gulf St. Vincent Prawn Fishery        Rationalization) Act 1987".

                No. 2     Page 9, lines 4 and 5 (clause 25) - Leave out the clause.

                No. 3     Page 9, lines 6 and 7 (clause 26) - Leave out the clause.

                No. 4     Page 9, lines 8 to 36 and Page 10, lines 1 to 17 (clause 27) - Leave out the clause.

                                                             J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                Ordered - That the amendments be taken into consideration on motion.

 

                South Australian Health Commission (Incorporated Hospitals

                  and Health Centres) Amendment Bill                                                                           Message No. 98

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the South Australian Health Commission Act 1976, without any amendment.

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

 

                Education (Non-Government Schools) Amendment Bill                              Message No. 99

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled                       an Act to amend the Education Act 1972, without any amendment.

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

 

10           Whistleblowers Protection Bill

                Order of the Day read for the adjourned debate on the question - That the Whistleblowers                                 Protection Bill be now read a second time.

                Debate resumed.

                Ordered on motion of Mr S.J. Baker, by leave, that the debate be further adjourned and                       resumed on motion.

 

11           Petitions Nos 149 to 151

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

 

                149    The Minister of Health, Family and Community Services (Hon. M.J. Evans) from 328 residents of South Australia, requesting that the House urge the Government to fund the vaccination of all children against Influenzae Type B.

 

                150    Mr S.G. Evans from 985 residents of South Australia, requesting that the House urge the Government to establish an inquiry into the investigation methods of Operation Hygiene.

 

                151    Mr Matthew from 1 800 residents of South Australia, requesting that the House urge the Government to establish a Police Station at Aldinga Beach.

 

12           Questions

                Questions without notice were asked.

 

13           Paper

                The following Paper was laid on the Table:

 

                By the Minister of Business and Regional Development (Hon. M.D. Rann) -

                    Adelaide Entertainment Centre - Correspondence Between the Trade Practices                                                 Commission and Australian Formula One Grand Prix Board.

 

 

 

 

14           Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

15           Classification of Publications (Film Classification) Amendment Bill

                Order of the Day read for the second reading of the Classification of Publications (Film Classification) 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 Tuesday next.

 

16           Evidence (Miscellaneous) Amendment Bill

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

                The Minister of Housing, Urban Development and Local Government Relations moved - That this Bill be now read a second time.

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

 

17           Road Traffic (Miscellaneous) Amendment Bill

                Order of the Day read for the second reading of the Road Traffic (Miscellaneous) Amendment Bill.

                The Minister of Housing, Urban Development and Local Government Relations moved - That this Bill be now read a second time.

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

 

18           Government Management and Employment (Miscellaneous) Amendment Bill

                Order of the Day read for consideration of the amendments of the Legislative Council in the Government Management and Employment (Miscellaneous) Amendment 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.                          

 

19           Whistleblowers Protection Bill

                Ordered - That the adjourned debate on the question - That the Whistleblowers Protection Bill be now read a second time - be now resumed.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

 

                                                                                            In Committee

                                                             Clauses Nos 1 to 3 agreed to.

                                                             Clause No. 4 amended and agreed to.

                                                             Clauses Nos 5 to 8 agreed to.

                Mr S.J. Baker moved on page 4 after line 19 to insert new Clause No. 8a as follows:

                8a Obligations of government agencies (1) A government agency must make appropriate administrative arrangements for receiving, and dealing with, disclosures of public interest information.

 

 

                (2) A government agency must make adequate provision for the counselling of employees who make, or propose to make, disclosure of public interest information and for the protection of such employees from acts of victimisation.

                (3) A government agency must, in each annual report, state the number and nature of disclosures made under this Act relating to the agency in the period to which the report relates and the action taken by the agency in consequence of those disclosures.

                Question put and negatived.

                                                             Clauses Nos 9 and 10 amended and agreed to.

                                                             Clauses Nos 11 and 12 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 with amendments.

 

                Bill read a third time and passed.

 

20           Statutes Amendment (Fisheries) Bill

                Ordered - That the amendments of the Legislative Council in the Statutes Amendment (Fisheries) Bill be now taken into consideration.

 

                                                                                            In Committee

                Resolved - That the amendments be disagreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the amendments referred to it                     and had disagreed to the same.

 

21           Legal Practitioners (Reform) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Legal Practitioners (Reform) Amendment 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.

                Mr S.J. Baker moved on page 1, to leave out lines 17 and 18.

                Question put and negatived.

                Mr S.J. Baker moved on page 1, to leave out lines 19 to 21.

                Question put and negatived.

                Mr S.J. Baker moved on page 1, to leave out lines 22 to 26.

                Question put and negatived.

                Mr S.J. Baker moved on page 1, to leave out lines 27 to 29.

                Question put and negatived.

                                                             Clause agreed to.

                Mr S.J. Baker moved on page 2, after line 2, to insert a new Clause No. 3a as follows:

                3a Insertion of ss. 6a and 6b The following sections are inserted in the principal Act after                  section 6:

 

 

                6a Recognition of freedom of choice with regard to field of professional practice (1) The Parliament recognises the right of legal practitioners to choose the field of law in which they will practise.

                    (2) The Parliament consequently recognises the right of those legal practitioners who                     desire to practise solely as barristers to form a separate bar.

                6b Recognition of freedom of association The Parliament recognises the right of legal practitioners to form themselves into associations in which membership is open to legal practitioners generally or is confined to practitioners of a particular class.

                Question - put and negatived.

                                                             Clause No. 4 agreed to.

                                                             Clause No. 5 amended and agreed to.

                                                             Clauses Nos 6 to 26 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 with amendments.

 

                Bill read a third time and passed.

 

22           Adjournment

                House adjourned at 5.23 p.m. until Tuesday next at 2.00 p.m.        

 

                                                                                                                        

 

 

                                                                MOTION OF WHICH NOTICE WAS GIVEN

 

 

                                                                      CONTINGENT NOTICE OF MOTION

 

 

Contingently on the Racing (Miscellaneous) Amendment Bill being read a second time, Mr Oswald to move - That it be an instruction to the Committee of the whole that it have power to consider a new clause relating to suspension and cancellation of licences.

 

                                                                                                                         

 

                Present during the day - All the Members except Hon. J.L. Cashmore and Mr Quirke.

 

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

 

                Division No. 1 -         

                    Ayes - Hon. J.L. Cashmore and Mr S.G. Evans.

                    Noes - Hon. L.M.F. Arnold and Mr Quirke.

 

 

 

                                                                                                                                                                                N.T. Peterson

                                                                                                                                                                                SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY