369

 

 

No. 50

 

VOTES AND PROCEEDINGS

OF THE

HOUSE OF ASSEMBLY

WEDNESDAY 20 MARCH l99l

1          Meeting of House

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

2          Message from the Governor

The following Message from the Governor was received and read:

 

Racing (Sporting Events Betting and Appeals) Amendment

        Bill-Recommending                                                                                                        Message No. 30

 

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Racing (Sportis~g l~vents 13etting aud Appeals) Amendment Bill 1991.

Government House, 20 March 1991                                                      F. Mitchell, GOVERNOR

 

3          Petitions Nos 99 to 102

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

 

99    Ivlr Becker, from 14 residei1ts of South Australia requesting that the [Iouse urge thc Government not to seek to amend the present legislalion relating to guardia~lship.

 

100  Mr Becker, from 11 residents of South Australia, requesting that the lIouse urge the Government not to make the wearing of bicycle helmets compulsory.

 

101  Mr Meier, from 11 residents of South Australia, requesting that the House urge the Government to set the blood alcohol concentration limit for fully licensed drivers at 0.05%.

 

102 Hon. D.C. Wotton, from 112 residents of South Australia, requesting that the House urge the Government to increase Police presence in the Mount Barker and Stirling areas and review penalties for vandalism, larceny and assault offences.

 

4          Answers to questions

Answers to questions without notice were tabled by the Speaker.

 


370

 

5          Joint Committee on Subordinate Legislation-Minutes of Proceedings

Mr McKee, by leave, brought up the Joint Committee on Subordinate Legislation Minutes of Proceedings of 20 March.

Minutes received.

 

6          Joint Committee on Subordinate Legislation-Minutes of Evidence

Mr McKee brought up the Minutes of Evidence given before the Joint Committee on Subordinate Legislation on Regulations under the Planning Act Ä Coastal Development and Commission Powers.

Minutes received.

 

7          Joint Committee on Subordinate Legislation-Report

Mr McKee brought up the Seventh Report, 1990Ä91, of the Joint Committee on Subordinate Legislation.

Report received and read as follows:

The By-laws and Regulations listed hereunder are at present being considered by the Joint Committee on Subordinate Legislation. Evidence is being taken on these matters and it is necessary for Notices 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 consideration has been given to the ByÄlaws and Regulations, the Committee may decide to take no further action.

By-laws referred to

        Corporation of West Torrens

        No. 8 - Caravans.

Corporation of Naracoote

        No. 4 - Caravans.

Regulations referred to –

        Summary Offences Act - Expiation Notice Fee.

        Planning Act -- Coastal Development and Commission Powers.

 

8          Questions

Questions without notice were asked.

 

9          Racing (Sporting Evcnts Betting and Appeals) Amendment Bill

The Minister of Recreation and Sport (Hon. M.K. Mayes), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Racing Act 1971.

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 Oswald, that the debate be adjourned until tomorrow.

 

10       Clean Air (Open Air Burning) Amendment Bill

 

The Minister for Environment and Planning (Hon. S.M. Lenehan), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Clean Air Act 1984.

Question put and passed.

 


371

 

Bill presented and read a first time.

The Minister moved - That this Bill be now read a second time

Ordered, on motion of Hon. D.C. Wotton, that the debate be adjourned until tomorrow.

 

11       Geographical Names Bill

The Minister of Lands (Hon. S.M. Lenehan), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to regulate the practice of naming geographical places; to repeal the Geographical Names Act 1969; 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 Lewis, that the debate be adjourned until tomorrow

 

12       Pharmacists Bill

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

 

In Committee

Resolved - That the amendments be agreed to.

___________

 

The House having resumed:

Mr M.J. F.vans reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

13       Chiropractors Bill

Order of the Day read for the consideration of the amendment of the Legislative Council in the Chiropractors Bill.

 

In Committee

Resolved - That the amendment be agreed to.

___________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

14       Messages from the Legislative,Council

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

 

State Bank of South Australia (Investigations)

        Amendmcat Bill                                                                                                               Message No. 90

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the State Bank of South Australia Act 1983? with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 19 March 1991                                                                      G.L. Bruce, PRESIDENT

 


372

 

Schedule of the amendments made by the Legislative Council

No. 1 Page l, lines 20 to 30 (clause 2) Ä Leave out subclause (3)

No. 2 Page 2 (clause 2) Ä After line 12 insert subclause as follows:

(6a) Where the investigators forms the belief or suspicion while undertaking any investigation under this section that there has been in connection wish' any transaction entered into in the course of the operations of the Bank or the Bank Group -

(a) any conflict of interest or breach of fiduciary duty or other unlawful, corrupt or improper activity on the part of a director or officer of the Bank or a subsidiary of the Bank;

or

(b) any failure to exercise proper care and diligence on the part of a director or officer of the Bank or a subsidiary of the Bank, the investigator may, if practicable, investigate the matter (whether or not it falls within the matters determined by the Governor to be the subject of the investigation), and must in any event report on the matter to the Governor and advise whether, in his or her opinion, the matter should be the subject of further or other investigation or action.'

C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved - That the amendments be agreed to.

___________

 

The House having resumed:

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

 

Legal Practitioners (Miscellaneous) Amendment Bill                                    Message No. 91

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Legal Practitioners Act 1981, to which it desires the concurrence of the House of Assembly.

Legislative Council, 19 March 1991 G.L. Bruce, PRESIDENT

 

Bill read a first time.

 

The Minister of Education (Hon. G.J. Crafter) moved - That this Bill be now read a second time.

Ordered, on motion of Hon. D`,C. Wotton, that the debate be adjourned until tomorrow.

 

Freedom of information Bill (No. 2)                                                                     Message No. 92

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for public access to official documents and records; to provide fqr the correction of public documents and records in appropriate cases; 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, 19 March 1991      G.L. Bruce, PRESIDENT

 

 


373

 

Schedule of the amendments made by the Legislative Council

No. 1 Page 1, line 15 (clause 2) Ä After'proclamation' insert 'or six months after assent, whichever is the earlierÄ.

No. 2 Page 2, line 9 (clause 3) Ä Leave out 'prompt'.

No. 3 Page 2 (clause 3) Ä After line 11 insert new subclause as follows:­Ä(3a) This Act must be administered so as to make the maximum amount of information of the kind referred to in subsection (3) available to members of the public promptly and inexpensively.'

No. 4 Page 2, lines 20 and 21 (clause 4) Ä Leave out paragraph (c) and substitute paragraph as follows:­'(c) a body corporate (other than a council) that Ä

        (i)    is established for a public purpose by, or in accordance with, an Act;

        and

        (ii)   comprises or includes, or has a governing body that comprises or includes, a Minister of the Crown or a person or body appointed by the Governor or a Minister of the Crown;-.

No. 5 Page 2, line 27 (clause 4) Ä After 'body' insert ', controlled by the Crown, or an instrumentality or agency of the Crown,'.

No. 6 Page 2, line 36 (clause 4) Ä Leave out 'an agency' and insert 'a person or body'.

No. 7 Page 2, line 38 (clause 4) Ä Leave out 'proclamation' and insert ~regulationÄ.

No. 8 Page 2 (clause 4) Ä After line 38 insert definition as follows:­'~member of the public. includes an incorporated or unincorporated body or organization:'.

No. 9 Page 4, lines 12 to 15 (clause 4) Ä Leave out subclause (6).

No.10 Page 4 Ä After line 18 insert new clause as follows:-

5a    Retrospective operation of Act (1) An applicant for access to a document containing information concerning his or her personal affairs is, subject to this Act, entitled to access to such a document although the document came into existence before the commencement of this Act.

(2) An applicant for access to a document (other than a document referred to in subsection (1), is, subject to this Act, entitled to access to the document provided that it came into existence not more than 10 years before the commencement of this Act.

(3) Notwithstanding subsections (1) and (2), where a document contains information of a psychiatric nature concerning the applicant, the applicant is not entitled to access under this Act to the document if it came into existence before the commencement of this Act.'

No.11 Page 5, line 20 (clause 9) Ä After ~agency. insert '(including of any board, council, committee or other body constituted by two or more persons that is part of the a`,ency or has been established for the purpose of advising the agency and whose meetings are open to the public or the minutes of whose meetings are available for public inspection)'.

No.12 Page 6 Ä After line 16 insert new clauses as follow:­

'9a. Statement of certain documents in possession of agencies to be published (1) This section applies, in respect of an agency, to any document that is -

(a) a report, or a statement containing the advice or recommendations, of a prescribed body or organization established within the agency;

 


374

 

(b) a report, or a statement containing the advice or recommendations, of a body or organization established outside the agency by or under an Act, or by the Governor or a Minister, for the purpose of submitting a report or reports, providing advice or making recommendations to the agency or to the responsible Minister for the agency;

 

(c) a report, or a statement containing the advice or recommendations, of an interÄdepartmental committee whose membership includes an officer of the agency;

 

(d) a report, or a statement containing the advice or recommendations, of a committee established within the agency to submit a report, provide advice or make recommendations to the responsible Minister for the agency or to another officer of the agency who is not a member of the committee;

 

(e) a report (including a report concerning the results of studies, surveys or tests) prepared for the agency by a scientific or technical expert, whether employed within the agency or not, including a report expressing the opinion of such an expert on scientific or technical matters; a report prepared for the agency by a consultant who was paid for preparing the report;

 

(g) a report prepared within the agency and containing the results of studies, surveys or tests carried out for the purpose of assessing, or making recommendations on, the feasibility of establishing a new or proposed Government policy, programme or project;

 

(h) a report on the performance or efficiency of the agency, whether the report is of a general nature or concerns a particular policy, programme or project administered by the agency; a report containing final plans or proposals for the reorganization of the functions of the agency, the establishment of a new policy, programme or project to be administered by the agency, or the alteration of an existing policy, programme or project administered by the agency, whether or not the plans or proposals are subject to approval by an officer of the agency, another agency, the responsible Minister for the agency or the Cabinet;

 

(j) any materi;:l prepared within the agency that is intended to form the basis on which legislation (including subordinate legislation) is prepared;

 

(k) a submission prepared within the agency (other than by the responsible Minister for the agency) for presentation to the Cabinet;

 

(1) a report of a test carried out within the agency on a product for the purpose of Government equipment purchasing;

 

(m) an environmental impact statement prepared within the agency; and

 

(n) a valuation report prepared for the agency by a valuer, whether or not the valuer is an officer of the agency. (2) The principal officer of an agency must Ä (a) cause to be published in the prescribed form as soon as practicable after the appointed day a statement (which may take the form of an index) specifying the documents to which this section applies that have been created since the commencement of this Act and are in the possession of the agency;

 


375

 

(b)   within 12 months after first publication of the statement required under paragraph (a) and thereafter at intervals of 12 months, cause to be published in a prescribed form statements bringing up to date the information contained in the previous statement or statements

(3) This section does not require a document of the kind referred to in subsection (1) containing exempt matter to be referred to in a statement published in accordance with subsection (2), if the fact of the existence of the document cannot be referred to in the statement without exempt matter being disclosed

(4) In this section -

        'the appointed day' means -

(a) in relation to an agency in existence on the commencement of this Act - the day of that commencement;

or

(b) in relation to an agency that comes into existence after the commencement of this Act Ä the day on which the agency comes into existence.

9b. Notices to require specification of documents in statements

(1) A Person may serve on the principal officer of an agency a notice in writing stating that, in the opinion of the person, a statement published by the principal officer under section 9a(2) does not specify a document as described in section 9a(1) that was required to be specified in the statement

(2) The principal officer must

(a) make a determination within 21 days of receiving a notice as to whether to specify in the next statement to be published under section 9a(2)(b) the document referred to in the notice;

and

(b) cause the person to be given notice in writing of the determination.

(3) ~'here the determination is adverse to the person's claim, the notice must specify Ä

(a) the day on which the determination was made;

(b) the rights of review and appeal conferred by this Act and the procedures to be followed for the purpose of exercising those rights;

and

(c) the reasons for the determination and the findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based.'

No.13 Page 6, line 28 (clause 10) - After 'policy' insert 'docu~nent'.

No.14 Page 6, lines 40 and 41 (elapse 11) - Leave out paragraph (a) and

substitute:­

'(a) a Minister of the Crown acting in his or her Ministerial office in a personal as distinct from a corporate capacity (unless declared by regulation to be an agency to which this Part applies);”.

No.15 Page 7, line 11 (clause 13) - Leave out 'the agency may determine' and insert 'may be prescribed'.

No.16 Page 7 - After line 18 insert new clause as follows:-

'13a. Acknowledgement of application (1) An agency must, within seven working days after receipt of an application, cause to be given to the applicant a written acknowledgement of the acceptance of the application by the agency.

 


376

 

(2) An agency is not required to accept an application if the application fee has not been paid..

No.17 Page 8, lines 7 to 13 (clause 16) - Leave out subclause (6) and substitute subclause as follows:­'(6) An application that is transferred from one agency to another must be dealt with as soon as practicable (and, in any case, within 45 days after it was received by the agency that originally transferred the application).

No.18 Page 8, lines 14 to 31 (clause 17) - Leave out the clause.

No.19 Page 8, lines 41 to 45 and Page 9, lines 1 to 6 (clause 18) - Leave out subclauses (3) and (4).

No.20 Page 9, line 40 (clause 20) - After 'usually. insert 'and currently'.

No.21 Page 9 (clause 20) - After line 40 insert 'of between paragraphs (c) and (d)

No.22 Page 9, line 41 (clause 20) - Leave out paragraph (d) and substitute paragraph as follows:­

        -(d)  if it is a document that -

(i) was not created or collated by the agency itself; and (ii) genuinely forms part of library material held by the agency;.

No.23 Page 9, line 42 (clause 20) - Leave out ~or'.

No.24 Page 10, lines 1 and 2 (clause 20) - Leave out paragraph (e).

No.25 Page 10, lines 12 and 13 (clause 20) Ä Leave out paragraph (a) and

substitute paragraph as follows:­

        (a)   it is practicable to give access to a document consisting of Ä

        (i)    a copy of the restricted document from which the exempt matter has been deleted;

or

(ii) an extract from the restricted document containing such parts of the document as do not consist of exempt matter;­

No.26 Page 10, line 17 (clause 20) - After'copy' insert 'or extract-.

No.27 Page 10, line 18 (clause 20) Ä Leave out 'to the document'.

No.28 Page 10 (clause 21) - After line 30 insert subclause as follows:-

'(2) Where a document to which subsection (1) applies is required to be published, presented to Parliament, or submitted to a particular person or body on or before a particular day, access may not be deferred for more than three months after that day..

No.29 Page 12, lines 15 and 16 (clause 23) Ä Leave out -, having regard to the sum of any advance deposits paid in respect of the application -.

No.30 Page 12, line 33 (clause 25) - After ~access' insert "under this Act -.

No.31 Page 13, line 16 (clause 26) - After ~access. insert ~under this Act -.

No.32 Page 13, lines 21 to 25 (clause 25) - Leave out paragraphs (a) and (b) and substitute paragraphs as,,follow:­

- (a) Ä

(i)    an agency determines, after having sought the views of the person concerned, that access to a document to which this section applies is to be given;

and

(ii) the views of the person concerned are that the document is an exempt document by virtue of clause 6 of Schedule 1;

or

 


377

 

(b) after having taken reasonable steps to obtain the views of the person concerned -

(i) the agency is unable to obtain the views of the person;

and

 

(ii) the agency determines that access to the document should be given,'.

No.33 Page 14, lines 8 to 13 (clause 26) Ä Leave out subclause (5) and substitute subclause as follows:­'(5) A reference in this section to the person concerned is, in the case of a deceased person, a reference to the personal representative of that person or any of that person's close relatives of or above the age of 18 years.'

No.34 Page 14, line 21 (clause 27) - After 'access' insert 'under this Act'.

No.35 Page 15, line 4 (clause 28) - After 'access' insert 'under this Act -.

No.36 Page 15, line 28 (clause 29) - After 'made by' insert 'a principal officer of an agency pursuant to section 9b or'.

No.37 Page 15, line 32 (clause 29) - Leave out 'the agency may determine' and insert 'may be prescribed'.

No.38 Page 15 (clause 29) - After line 41 insert subclause as follows:­'(3a) If on a review the agency varies or reverses a determination so that access to a document is to be given (either immediately or subject to deferral), the agency must refund any application fee paid in respect of the review.'

No.39 Page 16, line 5 (clause 29) - After 'agency. insert '(other than pursuant to section 9b)'.

No.40 Page 20, line 3 (clause 40) - After 'including' insert ', subject to subsection (3),'.

No.41 Page 20 (clause 40) - After line 4 insert subclause as follows:­'(3) The appellant is not liable to pay the agency's legal costs associated with the appeal if the Court confirms the determination to which the appeal relates. -

No.42 Page 20, lines 19 to 22 (clause 42) - Leave out subclause (2).

No.43 Page 2O, lines 40 to 42 (clause 43) - Leave out subclause (4) and substitute subclause as follows:-

- (4) After considering any document produced before it, the District Court may make a declaration -

(a) if satisfied that there are reasonable grounds for the claim - that the document is a restricted document by virtue of a specified provision of Part I of Schedule 1;

(b) if not satisfied that there are reasonable grounds for the claim Ä that the document is not a restricted document.'

No.44 Page 21, lines 5 to 25 (clause 43) - Leave out subclauses (7) to (12).

No.45 Page 21, lines 26 to 30 (clause 44) - Leave out this clause and insert new clause as follows:­

"44 Disciplinary action Where the District Court, at the completion of an appeal under this Act, is of the opinion that there is evidence that a person, being an officer of an agency, has been guilty of a breach of duty or of misconduct in the administration of this Act and that the evidence is, in all the circumstances, of sufficient force to justify it in doing so, the Court may bring the evidence to the notice of -

(a) if the person is the principal officer of an agency – the responsible Minister;

or

(b) if the person is an officer of an agency but not the principal officer of the agency Ä the principal officer of that agency.-

 


378

 

No.46 Page 21, line 34 (clause 45) - Leave out subclause (2).

No.47 Page 22, lines 40 to 45 and Page 23, lines I to 11 (clause 53) - Leave out this clause and insert new clause as follows:­"Fees and charges

53. (1) The fees and charges payable under this Act will be prescribed by regulation.

(2) The fees payable on an application for access to a document may vary according to the following factors:

(a) whether the application is made -

(i) in the personal interest of the applicant;

(ii) in the commercial interests of the applicant (iii) in the public interest;

(b) the cost of providing the applicant with a copy of the document or of giving access in some other way.

(3) The fees and charges prescribed by regulation may vary as between agencies.'

No.43 Page 23, line 13 (clause 54) - Leave out '31 December' and insert '30 September'.

No.49 Page 23 (clause 54) - After line 20 insert subclause as follows:­'(2a) A report under this section must specify, in respect of the year to which the report relates, the number of Ministerial certificates issued under section 46 and, in respect of each such certificate, the document to which the certificate relates and the provision of Part I of Schedule 1 specified in the certificate by virtue of which the document is a restricted document.

No.50 Page 23 (clause 54) - After line 26 insert new subclause as follows:­'(4) Without limiting the generality of subsection (1) or the kinds of the information which an agency might be required, in pursuance of subsection (3), to furnish to the Minister, a report of the Minister under subsection (1) must include in respect of the year to which the report relates particulars of the operations of each agency under this Act including, in relation to each agency Ä (a) the number of applications made to each agency; (b) the number of determinations that an applicant was not entitled to access to a document pursuant to an application, the provisions of this Act under which those determinations were made and the number of times each provision was invoked; (c) the name and designation of each officer with authority to make a determination in relation to an application, and the number of determinations made by each officer that an applicant was no: entitled to access to a document pursuant to an application; (d) the number of applications under section 29 for review of a determination and, in gespect of each application for review Ä

(i) the name of the officer who made the determination under review;

(ii) the name and designation of the officer who conducted the review and the determination of that officer; and

(iii) if the officer conducting the review confirmed, in whole or in part, a determination that an applicant is not entitled to access to a document in accordance with an application, the provision of this Act under which that determination was made;

 


379

 

(e) the number of appeals to the District Court under section 40 and, in respect of each appeal -

        (i)    the decision of the Court;

(ii) the details of any other order made by the Court;

and

(iii) if the determination appealed against was a determination that an applicant is not entitled to access to a document in accordance with an application, the provision of this Act under which the determination appealed against was made;

(f) the number of applications to the AuditorÄGeneral under section 53a and, in respect of each application, the decision of the AuditorÄGeneral;

(g) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;

(h) the amount of fees and charges collected by the agency;

(i) particulars of any reading room or other facility provided by the agency for use by applicants or members of the public, and the publications, documents or other information regularly on display in that reading room or other facility; and

(j) any other facts which indicate an effort by the agency to administer and implement the spirit and intention of this Act.'

No.51 Page 24, Schedule 1 (clause 1) - Insert 'specifically' before 'prepared' in paragraph (a) of subclause (1).

No.52 Page 24, Schedule 1 (clause 1) - Insert ~or. between paragraphs (d) and (e) of subclause (1).

No.53 Page 24, Schedule I (clause 1) - Leave out paragraph (f) of subclause (1) and ~or. immediately preceding that paragraph.

No.54 Page 24, Schedule 1 (clause 1) - After paragraph (a) of subclause (2) insert paragraph as follows:­Ä(ab) if it has been submitted to Cabinet, or is proposed by a Minister to be submitted to Cabinet, but was not brought into existence for the purpose of submission to Cabinet;'.

No.55 Page 24, Schedule 1 (clause 1) - Leave out subclause (3).

No.56 Page 24, Schedule 1 (clause 2) - Insert specifically' before 'prepared' in paragraph (a) of subclause (1).

No.57 Page 24, Schedule 1 (clause 2) - Leave out subclause (3).

No.58 Page 25, Schedule 1 (clause 5) - Leave out from subparagraph (i) of paragraph (a) of subclause (1) ~cause damage to. and insert 'seriously preJualce .

No.59 Page 25, Schedule I (clause 5) - Leave out from subparagraph (i) of paragraph (a) of subclause (2) 'damage' and insert "seriously prejudice'.

No.60 Page 26, Schedule 1 (clause 9) - Leave out subclause (1) and insert subclause as follows:- `, (1) A document is an exempt document if –

(a) it contains matter in the nature of -

(i)    A document is an exempt document if

(i)    an opinion, advice or recommendation prepared by an officer of an agency or a Minister;

or

(ii)   a record of consultation or deliberation between officers of an agency, between an officer of an agency and a Minister, or between Ministers, in the course of, or for the purpose of, the deliberative processes of an agency, a Minister or the Government;

        and

(b) its disclosure would, on balance, be contrary to the public

 

 


380

 

No.61      Page 27, Schedule 1 (clause 16) ‑ Leave out from subparagraph (i) of paragraph (a) of subclause (1) "prejudice" and insert "have a substantial adverse effect on".

No.62      Page 27, Schedule 1 (clause 16) ‑ Leave out from subparagraph (ii) of paragraph (a) of subclause (1) "prejudice" and insert "have a substantial adverse effect on".

No.63      Page 28, Schedule 1 (clause 19) ‑ Leave out paragraph (a) of subclause (2) and substitute paragraph as follows:‑

        "(a) the office of State Records;"

No.64      Page 29, Schedule 2 ‑ Leave out "or a" from paragraph (a) and insert "or an officer or".

No.65      Page 29, Schedule 2 ‑ Leave out "or a" from paragraph (b) and insert "or an officer or".

                                                                    C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered ‑ That the Message be taken into consideration tomorrow.

 

15       Postponement of business

Ordered ‑ That Order of the Day (Government Business) No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

16       Belair Recreation Park, Katarapko Game Reserve and Coorong Game Reserve ‑

        Resolution re

Order of the Day read for the adjourned debate on the motion of the Minister for Environment and Planning ‑ That this House requests Her Excellency the Governor ‑

        (a)   to make a proclamation pursuant to Part III of the National Parks and Wildlife Act 1972 that ‑

(i)    abolishes the Belair Recreation Park and constitutes as a national park and land formerly comprising the Belair Recreation Park and assigns to it the name "Belair National Park";

        and

(ii)   abolishes the Katarapko Game Reserve and constitutes as a national park the land formerly comprising the Katarapko Game Reserve and assigns to it the name "Murray River National Park"; and

(b)   to make a proclamation pursuant to Part III of the National Parks and Wildlife Act 1972 on or after 1 January 1993 that abolishes the Coorong Game Reserve and alters the boundaries of the Coorong Game Reserve,

and that a message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

 

Division of complicated question

Ordered ‑ That the question be divided.

Debate resumed.

Question ‑ That part (a) (i) of the motion be agreed to ‑ put and passed.

Question ‑ That part (a) (ii) of the motion be agreed to ‑ put.


381

 

House divided (No. 1):

       Ayes, 21.

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. S.M. Lenehan (Teller)

 

Noes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton (Teller)

 

 

Casting Vote

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

So it was resolved in the affirmative.

Question ‑ That part (b) of the motion be agreed to ‑ put.

House divided (No. 2):

Ayes, 21.

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. S.M. Lenehan (Teller)

 

Noes, 21.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton (Teller)

 

 

 


382

 

Casting Vote

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

So it was resolved in the affirmative.

Question ‑ That a message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto ‑ put and passed.

 

17       Suspension of Standing Orders

The Minister of Education (Hon. G.J. Crafter), without notice, moved ‑ That Standing Orders be so far suspended as to enable the rescission of an Order of the House made this day.

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

 

Rescission of Order

The Minister of Education then moved ‑ That the Order of the House on the question ‑ That the Message from the Legislative Council relating to the Freedom of Information Bill (No. 2) be taken into consideration tomorrow ‑ be rescinded.

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

 

18       Freedom of Information Bill (No. 2)

Ordered ‑ That the Message from the Legislative Council on the Freedom of Information Bill (No. 2) be now taken into consideration.

 

In Committee

Resolved ‑ That the amendments be disagreed to.

___________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the amendments referred to it and had disgreed to the same.

 

19       Local Government Act Amendment Bill (No. 2)

Order of the Day read for the adjourned debate on the question ‑ That the Local Government Act Amendment Bill (No. 2) be now read a second time.

Debate resumed.

Ordered, on motion of Mr Ferguson, by leave, that the debate be further adjourned until tomorrow.

 

20       Message from the Legislative Council:

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

 

Freedom of Information Bill                                                                                  Message No. 93

MR SPEAKER ‑ The Legislative Council insists on its amendments in the Freedom of Information Bill (No. 2) to which the House of Assembly has disagreed.  The Bill is returned herewith.

Legislative Council, 20 March 1991                                                                      G.L. Bruce, PRESIDENT

 

Ordered ‑ That the Message be taken into consideration forthwith.


383

 

In Committee

 

Resolved ‑ That the disagreement to the Legislative Council's amendments be           insisted on.

___________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the Legislative Council's amendments.

 

Conference

The Deputy Premier moved ‑ That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Freedom of Information Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Messrs Brindal, M.J. Evans, Groom and Ingerson and the Minister of Education be Managers of the Conference on the part of this House.

        Question put and passed.

 

21       Adjournment

The Deputy Premier moved ‑ That the House do now adjourn.

Debate ensued.

 

22       Message from the Legislative Council:

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

 

Freedom of Information Bill (No. 2)                                                                     Message No. 94

MR SPEAKER ‑ The Legislative Council has, in reply to Message No. 112 from the House of Assembly, agreed to grant a Conference on the Freedom of Information Bill (No. 2), as requested by the House of Assembly.  The Legislative Council has named the hour of 11.00 a.m. on Thursday 21 March 1991 to receive the Managers on behalf of the House of Assembly, at the Conference Room of the Legislative Council.

Legislative Council, 20 March 1991                                                                      G.L. Bruce, PRESIDENT

 

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

 

23       Adjournment

Debate (interrupted by receipt of the foregoing Message) resumed.

Question put and passed.

House adjourned at 9.36 p.m. until tomorrow at 11.00 a.m.

 

__________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 21 March 1991

            Notices of Motion: Government Business‑‑

 

The Minister of Agriculture to move ‑ That he have leave to introduce a Bill for an Act to provide for the organization and development of the citrus industry and the marketing of citrus fruit; to repeal the Citrus Industry Organization Act 1965; and for other purposes.

 

 


384

 

The Minister of Fisheries to move ‑ That he have leave to introduce a Bill for             an Act to amend the Fisheries Act 1982.

___________

 

Present during the day ‑ All the Members except Mr Gunn (on leave) and Hon. E.R. Goldsworthy.

 

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

 

Division No. 1 ‑

        Ayes ‑ Hon. L.M.F. Arnold and Hon. M.K. Mayes.

        Noes ‑ Hon. E.R. Goldsworthy and Mr Gunn.

 

Division No. 2 ‑

        Ayes ‑ Hon. L.M.F. Arnold and Hon M.K. Mayes.

        Noes ‑ Hon. E.R. Goldsworthy and Mr Gunn.

 

 

 

 

 

                                                                                                                                    N.T. Peterson

                                                                                                                                    SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY