No 50

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 25 MAY 2004

 

 

1       Meeting of House

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

 

2        Messages from the Governor

The following Messages from the Governor were received and read:

 

Assent to Bills                                                                                         Message No 17

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts were assented to during the third Session of the 50th Parliament, viz.-

No 11 of 2004 -         An Act to amend the Authorised Betting Operations Act 2000.

No 12 of 2004 -         An Act to amend the Consent to Medical Treatment and Palliative Care Act 1995.

No 13 of 2004 -         An Act to amend the Local Government Act 1999.

No 14 of 2004 -         An Act to amend the Meat Hygiene Act 1994.

         Government House, 25 May 2004                                       M Jackson-Nelson, GOVERNOR

 

Podiatry Practice Bill - Recommending                                                 Message No 18

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 Podiatry Practice Bill 2004.

Government House, 25 May 2004                           M Jackson-Nelson, GOVERNOR

 

3       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

Tandanya, National Aboriginal Cultural Institute – Report 2002-2003

 

By the Treasurer (Hon K O Foley) –

      Electricity Industry Superannuation Scheme – Report 2002-2003

 

By the Minister for Police (Hon K O Foley) –

      Australian Crime Commission – Report 2002-2003

 

By the Attorney-General (Hon M J Atkinson) –

Summary Offences Act 1953 –

            Section 83B – Dangerous Area Declarations

            Section 74B – Road Block Establishment Authorisations

 

      Regulations under the following Act –

                  Victims of Crime – Victims Compensation

      Rules of Court –

                  Magistrates Court – Scale of Costs

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Acts –

                  Liquor Licensing – Goolwa

                  Travel Agents – Travel Agent Exemptions

 

By the Minister for Health (Hon L Stevens) –

      Gene Technology Activities in 2003 – South Australian Government Report

      Medical Board of South Australia – Report 2002-2003

      North Western Adelaide Health Service – Report 2002-2003

 

By the Minister for Transport (Hon P L White) –

      Regulations under the following Acts –

                  Motor Vehicles – Provisional Licence Exemption

 

By the Minister for Urban Development and Planning (Hon P L White) –

      Development Act – Development Plan Amendment Reports – Interim Operation –

                  City of Burnside - Local Heritage Places Number 2 Plan Amendment

City of Campbelltown – Tranmere & Poets Corner – Character Policy Areas Plan Amendment

                  City of Unley Development Plan – Hillsley Avenue, Everard Park Plan Amendment

                  Hills Face Zone (Interim Operation) Plan Amendment

                  Port Pirie Regional Council - Heritage Plan Amendment

                  Town of Gawler - Residential 1 Zone - Orderly Development Plan Amendment

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Regulations under the following Acts –

                  Industrial and Employee Relations – Chief Executive

                  Workers Rehabilitation and Compensation – Scales of Charges

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

            Citrus Board of South Australia – Report 2002-2003.

 

4       Suspension of Standing Orders

Hon R G Kerin, without notice, moved – That Standing Orders be so far suspended as to enable him to move a motion, without notice, forthwith, and that the time allotted for the debate be one hour in lieu of question time.

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

 

Censure of the Minister for Health – Motion re

Hon R G Kerin then moved – That this House severely censures the Minister for Health for failing to issue public warnings of serious safety issues in public hospitals; failing to immediately provide the Board of Mount Gambier Hospital with the Report, which highlighted serious risks to patient safety; and inappropriate management of public hospitals, which has adversely affected patient treatment.

Debate ensued.

 

         Suspension of Standing Orders

The Minister for Infrastructure (Hon P F Conlon), without notice, moved - That Standing Orders be so far suspended as to enable the time allotted for this motion to be extended by 20 minutes.

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

 

Censure of the Minister for Health – Motion re

Debate (interrupted by the foregoing) resumed.

         Question put.

 

 

         House divided (No 1):

 

           Ayes, 20

 

           Noes, 25

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Ms 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

Hon R G Kerin (Teller)

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon L Stevens (Teller)

 

 

 

 

 

 

 

         So it passed in the negative.

 

5       Grievance debate

On motion of the Speaker, the House noted grievances.

 

6       Message from the Legislative Council

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

 

         Health and Community Services Complaints Bill                                   Message No 60

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the making and resolution of complaints against health or community service providers; to make provisions in respect of the rights and responsibilities of health or community service users and providers; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 24 May 2004                                       R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No. 1.      Page 5, lines 22 and 23 (clause 4) - Leave out the definition of "close relative".

 

No. 2.      Page 5 (clause 4) - After line 23 insert the following:

"Commissioner" means the Health and Community Services Complaints Commissioner appointed under Part 2 (and includes a person acting in that office from time to time);

 

No. 3.      Page 5 (clause 4) - After line 27 insert the following:

(ba)  a service for the care or protection of any child who has been abused or neglected, or allegedly abused or neglected, and includes any service that relates to the notification of any case of child abuse or neglect (or alleged child abuse or neglect), or the investigation of a case where a child may be in need of care or protection, or any subsequent action taken by a service provider arising from any such investigation; or

 

 

No. 4.      Page 6, line 21 (clause 4) - Leave out "Part 2" and substitute:

this Act

 

No. 5.      Page 7, lines 9 to 11 (clause 4) - Leave out the definition of "HCS Ombudsman".

 

No. 6.      Page 8, lines 10 to 12 (clause 4) - Leave out paragraph (k) and insert:

(k)   the process of writing, or the content of, a health status report;

 

No. 7.      Page 8, line 20 (clause 4) - Leave out "nursing home" and insert:

aged care facility

 

No. 8.      Page 8 (clause 4) - After line 26 insert the following:

"health status report" means a report prepared by a person, agency or body on the physical, mental or emotional health of a person where the purpose for preparing the report is not for the purpose of providing a health service within the meaning of paragraphs (a) to (j) (inclusive) of the definition of "health service";

 

No. 9.      Page 9 (clause 4) - After line 1 insert the following:

"public authority" means—

(a)   a government agency; or

 

(b)   a body included within the ambit of this definition by the regulations;

 

No. 10.    Page 9, lines 2 to 8 (clause 4) - Leave out the definition of "putative spouse".

 

No. 11.    Page 9, lines 24 to 28 (clause 4) - Leave out the definition of "same sex partner".

 

No. 12.    Page 9, line 29 (clause 4) - Leave out the definition of "spouse".

 

No. 13.    Page 9 - After line 34 insert new clause as follows:

Application of Act

4A. (1) Subject to this section, this Act applies to or in relation to a health or community service provided—

 

(a)         by a public authority, whether or not the service is provided for fee or reward; or

(b)         by a person or body, other than a public authority, who or that provides that service for a fee or other form of reward that is charged or payable at normal commercial rates.

 

(2) This Act does not apply to or in relation to a health or community service provided by, or delivered through, a volunteer.

 

No. 14.    Page 10, line 1 (Heading) - Leave out heading and insert:

Part 2—Health and Community Services Complaints Commissioner

 

No. 15.    Page 10, lines 4 and 5 (clause 5) - Leave out subclause (1) and insert:

(1) There is to be a Health and Community Services Complaints Commissioner.

 

No. 16.    Page 10, line 6 (clause 5) to Page 48, line 16 (clause 85) - Leave out "HCS Ombudsman" or "HCS Ombudsman’s" wherever occurring and insert "Commissioner" or "Commissioner’s".

 

No. 17.    Page 11, line 22 (clause 9) - After "health" insert:

or community

 

No. 18.    Page 12, line 20 (clause 9) - Leave out "by the Minister or".

 

No. 19.    Page 13, lines 3 to 11 (clause 12) - Leave out subclauses (1) and (2) and insert:

(1) The Commissioner may establish such committees as the Commissioner thinks fit to assist the Commissioner in the performance of his or her functions under this Act.

 

No. 20.    Page 13, line 15 (clause 12) - Leave out "the Minister or the HCS Ombudsman" and insert:

the Commissioner

 

No. 21.    Page 13 (clause 13) - After line 26 insert the following:

(5) Nothing in this section prevents the Commissioner, or a member of the Commissioner’s staff, acting as a conciliator under this Act.

 

No. 22.    Page 14 - After line 22 insert new clause as follows:

Other reports

16A. (1) The Commissioner may, at any time, prepare a report to the Minister on any matter arising out of the exercise of the Commissioner’s functions under this Act.

 

(2) Subject to subsection (3), the Minister must, within 2 weeks after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

 

(3) If the Minister cannot comply with subsection (2) because Parliament is not sitting, the Minister must deliver copies of the report to the President and the Speaker and the President and the Speaker must then—

 

(a)       immediately cause the report to be published; and

 

(b)       lay the report before their respective Houses at the earliest opportunity.

 

(4) A report will, when published under subsection (3)(a), be taken for the purposes of any other Act or law to be a report of the Parliament published under the authority of the Legislative Council and the House of Assembly.

 

No. 23.    Page 15, lines 27 and 28 (clause 21) - Leave out ", needs and wishes" and insert:

and any requirements that are reasonably necessary to ensure that he or she receives such services

 

No. 24.    Page 17 (clause 23) - After line 14 insert the following:

(ea) a Member of Parliament; or

 

No. 25.    Page 17, lines 21 and 22 (clause 23) - Leave out all words in these lines after "died—" in line 21 and insert:

 

a person who can demonstrate to the Commissioner that he or she had an enduring relationship with the deceased person, or a personal representative of the deceased person

 

No. 26.    Page 19, line 22 (clause 26) - Leave out "two years" and insert:

one year

 

No. 27.    Page 21, line 10 (clause 29) - Leave out "HCS Ombudsman may, in such manner as the HCS Ombudsman" and insert:

 

Commissioner may, in such manner as the Commissioner

 

No. 28.    Page 22 (clause 29) - After line 7 insert the following:

(13) For the purposes of conducting any inquiry or informal mediation under this section, the Commissioner may obtain the assistance of a professional mentor.

 

(14) The Commissioner may discuss any matter relevant to making a determination under section 28 or with respect to the operation of this section with a professional mentor.

 

No. 29.    Page 27, line 24 (clause 39) - After "conciliation" insert:

under this Part

 

No. 30.    Page 30 (clause 44) - After line 3 insert the following:

(3) The Commissioner may, at any time, decide to attempt to deal with a complaint by conciliation.

 

(4) The Commissioner may, in attempting conciliation under subsection (3), act personally or through a member of his or her staff.

 

(5) The Commissioner may, if satisfied that the subject of a complaint has been properly resolved by conciliation under subsection (3), determine that the complaint should not be further investigated under this Part.

 

(6) Anything said or done during conciliation under subsection (3), other than something that reveals a significant issue of public safety, interest or importance, is not to be disclosed in any other proceedings (whether under this or any other Act or law) except by consent of all parties to the conciliation.

 

No. 31.    Page 33 (clause 54) - After line 17 insert the following:

(2a) If the service provider is a registered service provider, the Commissioner must provide a copy of the notice to the relevant registration authority.

 

No. 32.    Page 33, lines 18 to 26 (clause 54) - Leave out subclauses (3) and (4) and insert:

(3) The Commissioner must then allow the service provider and, if relevant, a registration authority, at least 28 days to make representations in relation to the matter.

 

(3a) A service provider may, in making representations under subsection (3), advise the Commissioner of what action (if any) the service provider has taken, or intends to take, in response to the matters raised in the notice.

 

(4) After receipt of representations under subsection (3), or after the expiration of the period allowed under that subsection, the Commissioner may publish a report or reports in relation to the matter in such manner as the Commissioner thinks fit.

 

No. 33.    Page 33, line 28 (clause 54) - After "community service provider" insert:

and then allow the service provider at least 14 days to make representations in relation to the content of the report

 

No. 34.    Page 33 (clause 54) - After line 28 insert the following:

(5a) A report under this section may include such material, comments, commentary, opinions or recommendations as the Commissioner considers appropriate.

 

(5b) The Commissioner may provide copies of a report to such persons as the Commissioner thinks fit.

 

(5c) The Commissioner must provide a copy of a report to any complainant and service provider that has been a party to the relevant proceedings.

 

No. 35.    Page 44, lines 1 to 25 (clause 75) - Leave out the clause.

 

No. 36.    Page 44 - After line 25 insert new clause as follows:

Returns by registration authorities

75A. (1) A registration authority must, from time to time as determined by the Commissioner, lodge with the Commissioner a return that sets out the prescribed particulars concerning—

 

(a)         specified classes of complaints received by the registration authority during a period determined by the Commissioner; and

 

(b)         action taken during that period in response to, or as a result of the receipt of, those complaints, or similar complaints received during a preceding period.

 

(2) A return under subsection (1) must be in a form determined by the Commissioner after taking into account what can be done to assist with ease of collection of information and administrative efficiencies.

 

(3) The Commissioner must (to such extent as the Commissioner thinks fit) consult with registration authorities about—

 

(a)          the form of any return under this section; and

 

(b)         protocols and principles that should apply in relation to the operation of this section.

 

(4) The Commissioner may publish any return received under this section, or a summary of information contained in such a return, in such manner as the Commissioner thinks fit.

 

No. 37.    Page 46 - After line 5 insert new clause as follows:

Protection of certain information

79A. Nothing in this Act requires the production or provision of information held under section 64D of the South Australian Health Commission Act 1976.

 

No. 38.    Page 46 (clause 80) - After line 18 insert the following:

(2) A person who does anything in accordance with this Act, or as required by or under this Act, cannot, by so doing, be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.

 

No. 39.    Page 46 - After line 35 insert new clause as follows:

Consideration of available resources

82A. (1) A recommendation of the Commissioner under this Act in relation to a service must be made in a way that to give effect to it—

 

(a)         would not be beyond the resources appropriate for the provision or delivery of services of the relevant kind; and

 

(b)         if relevant, would not be inconsistent with the way in which those resources have been allocated by a Minister, chief executive or administrative unit in accordance with government policy.

 

(2) In subsection (1)—

 

"chief executive" means a chief executive under the Public Sector Management Act 1995.

 

 

No. 40.    Page 46 - After line 35 insert new clause as follows:

Interaction with Ombudsman Act 1972

82B. Despite any other provision of this Act or the Ombudsman Act 1972

 

(a)       a matter that may be (or has been) the subject of a complaint under this Act, being an administrative act of an agency to which that Act applies, may be referred to the State Ombudsman under section 14 of that Act on the basis that the relevant House of Parliament or committee considers that the matter involves a significant issue of public safety, interest or importance; and

 

(b)       a matter that may be (or has been) the subject of a complaint under this Act, being an administrative act of an agency to which that Act applies, may be referred to the State Ombudsman under section 15(3) of that Act and the State Ombudsman may proceed to deal with the matter if the State Ombudsman considers that the matter may involve a significant issue of public safety, interest or importance; and

 

(c)       the State Ombudsman may conduct an investigation of an act of the Commissioner under that Act even if the matter involves a health or community service provider that is not an agency to which that Act applies (and may, in conducting the investigation, look at the substance of the original complaint, and consider or review any other matter that may be relevant to the investigation, even if the subject matter of the original complaint did not involve an administrative act within the meaning of that Act).

 

No. 41.    Page 47, lines 6 to 13 (clause 83) - Leave out paragraphs (b) and (c).

 

No. 42.    Page 47, lines 29 to 34 (clause 83) - Leave out subclauses (3) and (4).

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That consideration of the amendments be an Order of the Day for tomorrow.

 

7       Conveyancers (Corporate Structures) Amendment Bill

The Minister for Consumer Affairs (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Conveyancers 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 Hon D C Brown, that the debate be adjourned until tomorrow.

 

8       Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

9       Medical Practice 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 and 2 agreed to.

Clause No 3 read.

 

Hon D C Brown moved on page 5, lines 24 to 27, subclause (1), definition of medical services provider, to delete "but does not include—" and paragraphs (a) and (b)

Question – That the amendment be agreed to – put.

 

         Committee divided (No 2):

 

           Ayes, 21

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Hon M R Buckby

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon R G Kerin

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon I P Lewis

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Ms Maywald

Hon J D Lomax-Smith

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Hon M D Rann

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Ms Thompson

Hon D C Brown (Teller)

Hon P L White

 

Hon M J Wright

 

Hon L Stevens (Teller)

 

         So it passed in the negative.

 

Clause No 3 otherwise amended and agreed to.

Clauses Nos 4 and 5 agreed to.

Clause No 6 read.

 

Hon D C Brown moved on page 8, lines 19 to 30, subclause (1)(a), to delete subparagraphs (i) to (iii) (inclusive) and insert:

(i)                   1 is to be nominated by the Minister; and

(ii)                 1 is to be selected by the Minister from a panel of 3 medical practitioners jointly nominated by the Councils of the University of Adelaide and the University of South Australia or, if the Councils are unable to agree as to the persons to be nominated, from panels of 3 medical practitioners nominated by each Council;

(iii)                2 are to be selected by the Minister from a panel of 5 medical practitioners nominated by the Australian Medical Association (South Australia) Incorporated; and

Question – That the amendment be agreed to – put.

 

         Committee divided (No 3):

 

           Ayes, 20

 

           Noes, 26

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

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

Mr Koutsantonis

Dr McFetridge

Hon I P Lewis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Mrs Maywald

 

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Williams

Hon M D Rann

Hon D C Brown (Teller)

Mr Rau

 

Mr Snelling

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon L Stevens (Teller)

 

         So it passed in the negative.

 

Hon D C Brown moved on page 9, after line 4, to insert:

(3a)  The Minister must, when nominating or selecting medical practitioners for appointment as members of the Board, seek to ensure that, as far as practicable, the membership of the Board includes—

(a)         at least 1 medical practitioner who works in the public health system; and

(b)         at least 1 medical practitioner who works in the private health system; and

(c)         at least 1 medical practitioner who is registered on the general register (but not also on the specialist register); and

(d)         at least 4 medical practitioners who are currently practising medicine.

Question – That the amendment be agreed to – put and negatived.

 

Clause No 6 agreed to.

Clause No 7 amended and agreed to.

Clauses Nos 8 to 12 agreed to.

Clause No 13 amended and agreed to.

Clauses Nos 14 to 17 agreed to.

Clause No 18 amended and agreed to.

Clauses Nos 19 to 24 agreed to.

Clause No 25 read.

 

Hon D C Brown moved on page 16, lines 5 and 6, to delete paragraph (b) and insert:

(b)    8 must be medical practitioners appointed by the Governor, and of these—

(i)      6 are to be nominated by the Minister; and

(ii)      2 are to be selected by the Minister from a panel of 5 medical practitioners nominated by the Australian Medical Association (South Australia) Incorporated; and

Question – That the amendment be agreed to – put and negatived.

 

Clause No 25 agreed to.

Clause No 26 amended and agreed to.

Clauses Nos 27 to 30 agreed to.

Clause No 31 amended and agreed to.

Clause No 32 agreed to.

Clause No 33 read.

 

Hon D C Brown moved on page 19, line 15, after "civil liabilities" to insert:

(other than public liability)

Question – That the amendment be agreed to – put and negatived.

 

Clause No 33 agreed to.

Clauses Nos 34 to 54 agreed to.

Clause No 55 amended and agreed to.

Clauses Nos 56 to 59 agreed to.

Clause No 60 amended and agreed to.

Clauses Nos 61 to 78 agreed to.

Clause No 79 read.

 

Hon D C Brown moved on page 43, line 5, after "civil liabilities" to insert:

(other than public liability)

Question – That the amendment be agreed to – put and negatived.

 

Clause No 79 agreed to.

Clause No 80 amended and agreed to.

Clause No 81 agreed to.

Clause No 82 read.

 

Hon D C Brown moved on page 44, lines 13 to 21, to delete the clause and insert:

82—Self-incrimination and legal professional privilege

(1)         It is not an excuse for a person to refuse or fail to answer a question or to produce a document or record as required under this Act on the ground that to do so might tend to incriminate the person, or make the person liable to a penalty, or on the ground of legal professional privilege.

(2)         If a person objects to answering a question or to producing a document or record on the ground that the answer, or the document or record, might tend to incriminate the person or make the person liable to a penalty, then—

(a)       in the case of a person who is required to produce a document or record—the fact of production of the document or record (as distinct from the contents of the document or record); or

(b)       in any other case—the information furnished in compliance with the requirement,

is not admissible in evidence against the person in proceedings (other than proceedings in respect of the making of a false or misleading statement or perjury) in which the person might be found guilty of an offence or liable to a penalty.

(3)         If a person objects to answering a question or to producing a document or record on the ground of legal professional privilege, the answer, or the document or record, will not be admissible in civil or criminal proceedings against the person who would, but for this section, have the benefit of the legal professional privilege.

Question – That the amendment be agreed to – put and negatived.

 

Clause No 82 agreed to.

Clauses Nos 83 to 85 agreed to.

Clause No 86 read.

 

Hon D C Brown moved on page 45, after line 4, insert:

(1a)      Without limiting the generality of subsection (1), if the Board has reason to believe that a medical practitioner or medical student has exposed himself or herself to a risk of contracting a blood-borne infection, the Board may require the practitioner or student to submit to a blood test.

Question – That the amendment be agreed to – put and negatived.

 

Clause No 86 agreed to.

Clauses Nos 87 and 88 agreed to.

Clause No 89 amended and agreed to.

Clauses Nos 90 and 91 agreed to.

Schedule agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

The Minister for Health, moved – That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

 

 

10      State Procurement 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 No 1 to 12 agreed to.

Clause No 13 amended and agreed to.

Clauses Nos 14 and 15 agreed to.

New Clause No 15A inserted.

Clause No 16 agreed to.

 

Mr Hanna moved on page 9, after line 1, to insert new Clause No 17AA as follows -

17AA—Procurement of computer software by public authorities

(1)    A public authority must, in making a decision about the procurement of computer software for its operations—

(a)       consider the procurement of open source software; and

(b)       as far as practicable, avoid the procurement of—

(i)         software that does not comply with open standards; and

(ii)        software for which support or maintenance is provided only by a person or body who has the right to exercise exclusive control over the sale or distribution of the software.

(2)    In this section—

Open Source Definition means the document of that name published by the Open Source Initiative;

Open Source Initiative means the non-profit incorporated organisation of that name dedicated to managing and promoting the Open Source Definition for the good of the community;

open source software means software the subject of a licence that complies with the Open Source Definition as in force from time to time;

open standards, in relation to computer software, means that the specifications for data representations used by the software (including but not limited to, file formats for data storage, transmission and network protocols) are completely and accurately documented and available to the public for use, application or review without restriction.

Question – That new Clause No 17AA be inserted – put and negatived.

 

Clauses Nos 17 to 22 agreed to.

New Clause No 22A inserted.

Clause No 23 inserted.

Schedule agreed to.

Title agreed to.

 

___________

 

         The House having resumed:

Ms Thompson reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

The Minister for Administrative Services (Hon M J Wright), moved – That this Bill be now read a third time.

Question put and passed.

 

Bill read a third time and passed.

 

 

11      Extension of time for adjournment

Ordered, on motion of the Minister for Administrative Services, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

12      Postponement of business

Ordered - That Order of the Day: Government Business No 4 be postponed until tomorrow.

 

13      Pastoral Land Management and Conservation (Indigenous Land Use Agreements) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

Hon G M Gunn’s amendment to proposed new Clause No 6D further considered.

 

Question – That the amendment to the amendment be agreed to – put and negatived.

Question – That proposed new Clause No 6D be inserted – put and passed.

 

New Clause No 6D inserted.

New Clause No 6E inserted

New Clause No 6F inserted.

Clause No 7 amended and agreed to.

Clause No 8 agreed to.

Clause No 9 amended and agreed to.

Clause No 10 amended and agreed to.

Title agreed to.

 

The Attorney-General moved – That Clause No 1 be reconsidered.

Question put and passed.

 

Clause No 1 reconsidered, amended and agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Pastoral Land Management and Conservation (Miscellaneous) Amendment Bill

Hon G M Gunn moved – That the Pastoral Land Management and Conservation (Miscellaneous) Amendment Bill be recommitted for the purpose of considering a new Clause No 6CA.

Question put and passed.

 

In Committee

Hon G M Gunn moved to insert new Clause No 6CA as follows:

6CA   A pastoral lease shall upon the expiry of its term be automatically renewed for a further term of the same duration.

Question – That new clause No 6CA be inserted – put.

 

 

 

 

 

 

 

 

 

         Committee divided (No 4):

 

           Ayes, 16

 

           Noes, 18

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Ms Maywald

Hon J D Lomax-Smith

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Mr Rau

Mr Venning

Mr Snelling

Hon G M Gunn (Teller)

Ms Thompson

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

____________

 

The House having resumed:

Hon R B Such reported that the Committee had considered a new Clause No 6CA and had disagreed to the same.

 

Bill read a third time and passed.

 

14      Message from the Legislative Council

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

 

         Gas (Temporary Rationing) Amendment Bill                                          Message No 61

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Gas (Temporary Rationing) Amendment Bill, without any amendment.

         Legislative Council, 25 May 2004                                                    R R Roberts, PRESIDENT

 

15      Adjournment

House adjourned at 11.34 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 26 May 2004

 

Notices of Motion: Government Business -

 

The Minister for Emergency Services to move That he have leave to introduce a Bill for an Act to establish the South Australian Fire and Emergency Services Commission; to provide for the continuation of a metropolitan fire and emergency service, a country fire and emergency service, and a State emergency service; to provide for the prevention, control and suppression of fires and for the handling of certain emergency situations; to make related amendments to other Acts; to repeal the Country Fires Act, the South Australian Metropolitan Fire Service Act and the State Emergency Service Act; and for other purposes.

 

The Minister for Emergency Services to move That he have leave to introduce a Bill for an Act to establish strategies and systems for the management of emergencies in the State; to make related amendments to other Acts; to repeal the State Disaster Act 1980; and for other purposes.

 

            For Thursday 1 July 2004

 

Notices of Motion: Other Motions -

 

Ms Thompson to move – That this House calls on the Federal Government to

(a)       include South Australian parents in its offer for tuition assistance worth $700 as announced through the media on Wednesday 19th May 2004;

(b)       guarantee that parents will have the ability to allocate the money to their child’s school if they wish to enable the school to target programs in the context of the child’s broader learning to get the most benefit; and

(c)       guarantee that parents living in Rural and Regional South Australia will be able to have access to this funding.

 

____________

 

 

Present during the day - All Members.

 

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

 

         Division No 2 -

               Ayes - Mr Brokenshire

               Noes -Minister for Families and Communities (Hon J W Weatherill).

 

         Division No 4 -

               Ayes –  Leader of the Opposition (Hon R G Kerin), Mr Brokenshire, Hon D C Kotz, Hon W A Matthew, Mr Scalzi and Mr Williams

               Noes – The Premier (Hon M D Rann), Minister for Infrastructure (Hon P F Conlon), Deputy Premier (Hon K O Foley), Minister for Health (Hon L Stevens), Minister for Families and Communities (Hon J W Weatherill) and Minister for Transport (Hon P L White).

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY