No 50

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 23 JULY 1997

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read                    prayers.

 

2       Message from the Governor

         The following Message from the Governor was received and read:

 

         Unclaimed Superannuation Benefits Bill                                                Message No 24

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 Unclaimed Superannuation Benefits Bill 1997.

         Government House, 23 July 1997                                                   E J Neal, GOVERNOR

 

3       Petitions Nos 125 to 129

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

 

125 to 127   The Minister for Tourism (Hon E S Ashenden), Hon W A Matthew and Mr Quirke, from 60 residents of South Australia, requesting that the House support the passage of the Summary Offences (Prostitution) Amendment Bill 1996.

 

128       The Minister for the Environment and Natural Resources (Hon D C Wotton), from 64 residents of South Australia, requesting that the House urge the Government to stop the removal of willow trees along the River Murray.

 

129       Mr Quirke, from 80 residents of South Australia, requesting that the House urge the Government to allow licensed clubs to sell liquor to a club member for consumption off the premises.

 

4       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

         By the Minister for Housing and Urban Development (Hon S J Baker) -

               The Architects Board of South Australia -

                     Report, 1995

                     Report, 1996

 

         By the Minister for Industrial Affairs (Hon D C Brown) -

               Office of Road Safety - Random Breath Testing - Operation and Effectiveness, 1996.

 

6       Environment, Resources and Development Committee - Report - Waste Management Practices in South Australia

Mr Venning brought up the Twenty-Fourth Report of the Committee on Waste Management Practices in South Australia.

         Report received.

 

         Ordered to be printed (Paper No 223)

 

7       Legislative Review Committee - Reports - Regulations under the Expiation of Offences Act 1996; and Twenty-First Report

Mr Cummins brought up the Twentieth Report of the Committee on Regulations under the Expiation of Offences Act 1996.

         Report received.

 

Mr Cummins brought up the Twenty-First Report of the Committee.

         Report received.

 

8       Questions

         Questions without notice were asked.

 

9       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

10      Unclaimed Superannuation Benefits Bill

The Minister for Finance (Hon S J Baker), pursuant to notice, moved - That he have leave to introduce an Act to provide for the payment of unclaimed superannuation benefits to the Treasurer; 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 Clarke, that the debate be adjourned until tomorrow.

 

11      Industrial and Employee Relations (Registered Associations) Amendment Bill

The Minister for Industrial Affairs, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994.

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 Clarke, that the debate be adjourned and resumed on motion.

 

12      Messages from the Legislative Council

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

 

         Equal Opportunity (Sexual Harassment) Amendment Bill                      Message No 124

MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Equal Opportunity (Sexual Harassment) Amendment Bill for the reasons indicated in the annexed Schedule. The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 22 July 1997                                                    H P K Dunn, PRESIDENT

 


Schedule of the amendments made by the House of Assembly and disagreed to

by the Legislative Council

No 1     Page 2, line 11 (clause 3) - Leave out paragraph (b).

No 2     Page 2, lines 18 and 19 (clause 3) - Leave out “another member of the council or”.

No 3     Page 2, line 24 (clause 4) - Before “a member of Parliament” insert “a judicial officer or”.

No 4     Page 2, lines 27 to 36 and page 3, lines 1 to 22 (clause 4) - Leave out paragraphs (a) to (g) and insert new paragraphs as follows:

“(a) the Commissioner must refer the complaint to the appropriate authority;

(b)  if the appropriate authority is of the opinion that dealing with the complaint under this Act could impinge on judicial independence or parliamentary privilege, as the case may be, the appropriate authority thinks fit;

(c)  on the appropriate authority giving the Commissioner written notice that a complaint is to be dealt with under paragraph (b) -

      (i)   no further action can be taken under any other provision of this Act on the complaint; and

      (ii)   the Commissioner must notify the complainant and the respondent that the complaint will be dealt with by the appropriate authority;

(d)  on the appropriate authority giving the Commissioner written notice that a complaint will not be dealt with under paragraph (b), the Commissioner may proceed to deal with the complaint under this act;

(e)  a notice must be given under paragraph (c) or (d) by the appropriate authority no later than one month after the referral of a complaint to the appropriate authority.

(f)   the Commissioner may at the request of the appropriate authority -

(i)   assist the authority in investigating a complaint that is to be dealt with under paragraph (b);

      or

      (ii)   attempt to resolve the subject matter of such a complaint by conciliation;

(g) if the Commissioner is to act under paragraph (f), the appropriate authority must notify the complainant and the respondent accordingly;

(h)  if the Commissioner attempts to resolve the subject matter of a complaint by conciliation but is not successful in the attempt, the Commissioner may make recommendations to the appropriate authority regarding resolution of the matter;

      (i)   the appropriate authority must notify the complainant and the Commissioner of the manner in which the appropriate authority has dealt with a complain under paragraph (b).”

No 5     Page 3 (clause 4) - After line 36 insert new paragraph as follows:-

“(aa)      in relation to a complaint against a judicial officer -

      (i)   the Chief Justice; or

      (ii)   if the Chief Justice is the respondent or considers it inappropriate that he or she should deal with the matter - the most senior puisne judge of the Supreme Court who is not the respondent, is available to deal with the matter and does not consider it inappropriate that he or she should deal with the matter;”

 

Schedule of the Reason for disagreeing with the foregoing amendments

Because the Legislative Council’s amendments are preferred.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 


In Committee

 

         Resolved - That that the amendments be insisted on.

____________

         The House having resumed:

The Hon H Allison reported that the Committee had considered the Message referred to it and had resolved to insist on its amendments.

 

Non-Metropolitan Railways (Transfer) Bill                                              Message No 125

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the implementation of a Commonwealth-State agreement relating to the privatisation of non-metropolitan railways; to make a related amendment to the Wrongs Act 1936; and for other purposes, to which it desires the concurrence of the House of Assembly.

The Legislative Council draws the attention of the House of Assembly to clause no 9, printed in erased type, which clause , being a money clause, cannot originate in the Legislative Council;, but which is deemed necessary to the Bill.

         Legislative Council, 23 July 1997                                                    H P K Dunn, PRESIDENT

 

         Bill read a first time.

         The Minister for Industrial Affairs moved - That this Bill be now read a second time.

 

         Ordered, on motion of Mr Clarke, that the debate be adjourned and resumed on motion.

 

         Railways (Operations and Access) Bill                                                    Message No 126

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the operation of railways and access to railway services on fair commercial terms; and for other purposes, to which it desires the concurrence of the House of Assembly.

The Legislative Council draws the attention of the House of Assembly to clause no 16, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

         Legislative Council, 23 July 1997                                                    H P K Dunn, PRESIDENT

 

         Bill read a first time.

         The Minister for Industrial Affairs moved - That this Bill be now read a second time.

 

         Ordered, on motion of Mr Clarke, that the debate be adjourned and resumed on motion.

 

13      Suspension of Standing Orders

The Deputy Premier (Hon G A Ingerson), without notice, moved - That Standing Orders be so far suspended as to enable the Non-Metropolitan Railways (Transfer Bill, the Railways (Operations and Access Bill and the Industrial and Employee Relations (Registered Associations) Amendment Bill to pass through their remaining stages without delay.

Question put and passed.

 

14      Industrial and Employee Relations (Registered Associations) Amendment Bill

Ordered - That the adjourned debate on the second reading of this Bill be now resumed.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 


15      Irrigation (Transfer of Surplus Water) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

16      National Wine Centre Bill

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

 

In Committee

Resolved - That the amendment of the Legislative Council be disagreed to and an alternative amendment made in lieu therof.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the Bill referred to it and had resolved to disagree to the amendment made by the Legislative Council and had made an alternative amendment in lieu thereof.

 

17      Motor Vehicles (Farm Implements and Machines) 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

                                                Clauses Nos 1 to 3 agreed to.

                                                Clause No 4 amended and agreed to.

                                                Clauses Nos 5 to 7 agreed to.

                                                Clause No 8 amended and agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

The Hon H Allison 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.

 

18      Road Traffic (Expressways) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

19      Non-Metropolitan Railways (Transfer) Bill

Ordered - That the adjourned debate on the second reading of this Bill be now resumed.

Debate resumed.

Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 8 agreed to.

                                                New Clause No 9 inserted.

                                                Clauses Nos 10 to 12 agreed to.

                                                Schedule read.

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

20      Extension of time for adjournment

The Minister for Industrial Affairs moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

21      Non-Metropolitan Railways (Transfer) Bill

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

 

In Committee

                                                Schedule further considered and agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

The Hon H Allison 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.

 

22      Railways (Operations and Access) Bill

Ordered - That the adjourned debate on the second reading of this Bill be now resumed.

Debate resumed.

Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 15 agreed to.

                                                New Clause No 16 inserted.

                                                Clauses Nos 17 to 68 agreed to.

                                                Title agreed to.

____________

 


         The House having resumed:

The Hon H Allison 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.

 

23      Adjournment

House adjourned at 10.28 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

      For Thursday 24 July 1997

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

 

Mr Foley to move - That he have leave to introduce a Bill for an Act to improve Government financial responsibility and reporting; and for other purposes.

 

Mr Venning to move - That the Twenty-Fourth Report of the Environment, Resources and Development Committee on Waste Management Practices in South Australia be noted.

 

         Notices of Motion: Other Motions -

 

Mr Lewis to move - That this House calls on the South Australian Farmers Federation and the Local Government Association to revamp the formula for collecting the iniquitous Dog Fence Act levy and devise a fairer and more equitable means of raising the revenue and calls on the Dog Fence Board to forgive all the levies of those people who have been unable to pay them to date for reasons which they can demonstrate are a consequence of their taxable income being less than the dole in any year for which they have been billed.

 

Mr Lewis to move - That this House commends the Government for its commitment to sustainable water resource management practices, sustainable land management practices and encourages the Government as a matter of urgency to adopt the recommendations of the Murray Mallee Task Force and establish a Catchment Management Board for the River Murray and its tributaries in South Australia separately and independently of an Underground Water Resources Management Board for the Mallee in compliance with the recommendations contained in the Murray Mallee Task Force Report.

 

____________

 

 

      Present during the day - All Members except Mr De Laine (on leave).

 

 

 

 

 

                                                                                                               G M Gunn

                                                                                                               SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY