No. 51

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                          THURSDAY 23 MARCH 1995

 

 

 1         Meeting of House

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

 

2         Conference - Retail Shop Leases Bill

                  The Minister for Health (Hon. M.H. Armitage) reported - That the Managers have been at the Conference on the Retail Shop Leases Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon. K.T. Griffin), Hon. M.J. Elliott. Hon. J.A.W. Levy, Hon. C.A. Pickles and Hon. A.J. Redford and we there received from the  Managers on behalf of the Legislative Council the Bill, together with the resolution adopted by that House -

 

                              That the disagreement to the amendments of the House of Assembly be insisted on.

 

                  Thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective House that.

 

                  As to Amendment No. 1

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

 

                  As to Amendment No. 2

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendments Nos 3 to 5

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

 

                  As to Amendment No. 6

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 7

                  That the House of Assembly amend its amendment by striking out "$200 000" and substituting "$250 000" .

                  and that the Legislative Council agree thereto.

 

                  As to Amendments Nos 8 to 11

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 12

                  That the House of Assembly do not further insist on its amendment but make the following amendment in lieu thereof:


                  Clause 13 page 6 line 27 - Leave out "Tribunal" and insert "Magistrates Court"

                  and that the Legislative Council agree thereto.

 

                  As to Amendment No. 13

                  That the House of Assembly do further insist on its amendment but make the following amendment in lieu thereof:

                  Clause 25 page 14 line 34 - After "rent" insert ", a component of rent or outgoings".

                  and that the Legislative Council agree thereto.

 

                  As to Amendments Nos 14 and 15

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 16

                  That the Legislative Council do not further insist on its disagreement thereto and that the House of Assembly make the following consequential amendment:

                  New clause, page 35, after line 21 - Insert new clause as follows:

            79A. Vexatious acts  A party to a retail shop lease must not, in connection with the exercise of a right or power under this Act or the lease, engage in conduct that is, in all the circumstances, vexatious.

                  Maximum penalty:    $5 000.

                  and that the Legislative Council agree thereto.

 

                  As to Amendments Nos 17 to 19

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendments Nos 20 to 33

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

 

                  As to Amendment No. 34

                  That the House of Assembly do not further insist on its amendment but make the following amendments in lieu thereof:

                  Clause 75, page 34, line 4 - Leave out "Industry" and insert "Retail Shop Leases".

                  Clause 75, page 34, lines 5 to 12 - Leave out subclauses (2) and (3) and insert -

                  (2)     The Committee will be constituted in the manner prescribed by the regulations.

                  (3)     The regulations may also provide for -

                              (a)     the procedures of the Committee; and

                              (b)     other matters relevant to the functions or operation of the Committee.

                  and that the Legislative Council agree thereto.

 

                  As to Amendment No. 35

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 36

                  That the House of Assembly do not further insist on its amendment but make the following amendments in lieu thereof:

                  Clause 77, page 34, line 20 -  Leave out "continuous".

                  Clause 77, page 34, line 21 -  Leave out paragraph (b).

                  Clause 77, page 34, line 22 -  Leave out "special".

                  Clause 77, page 34, line 23 -  Leave out "special" twice occurring.

                  Clause 77, page 34, lines 24 to 27 -  Leave out subclauses (2) and (3).

                  and that the Legislative Council agree thereto.

 

                  As to Amendments Nos 37 and 38

                  That the Legislative Council do not further insist on its disagreement thereto and that the House of Assembly make the following consequential amendment:

                  Clause 66, page 31, line 9 -

                  After "mediation of" insert -

                  (a)     [Include remainder of line 9]; or

                  (b)     a dispute related to any other matter relevant to the occupation of the premises or to a business conducted at the premises.

 

                  and that the Legislative Council agree thereto.

 

                  As to Amendments Nos 39 and 40

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

 

                  As to Amendments Nos 41 to 43

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 44

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

 

                  As to Amendment No. 45

                  That the Legislative Council do not further insist on its disagreement thereto.

 

                  As to Amendment No. 46

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

                  Ordered - That the recommendations of the Conference be taken into consideration on motion.

 

3         Social Development Committee - Long Term Unemployment and the Adequacy of Income Support Measures - Report - Motion to note

                  Mr Leggett, pursuant to notice, moved - That the Sixth Report of the Social Development Committee on Long Term Unemployment and the Adequacy of Income Support Measures, be noted.

                  Question put and passed.

 

4         Electoral (Political Contributions and Electoral Expenditure) Bill

                  Hon. M.D. Rann, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make provision for the collection and public inspection of information relating to political contributions and electoral expenditure associated with Parliamentary elections; and for other purposes.

                  Question put and passed.

 

                  Bill presented and read a first time.

                  Hon. M.D. Rann moved - That this Bill be now read a second time.

                  Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday 6 April.

 

5         Prostitution Inquiry of Social Development Committee - Motion re

                  Mr Lewis, pursuant to notice, moved -  That this House refers the following additional terms of reference to the Social Development Committee in its consideration of matters related to prostitution -

                              (i)            the extent  of the effect of the occupation and lifestyle of prostitutes (whether male or female) on their families, with particular reference to -

                                                (a)          children (their birth status) and their social development and relationships with both  birth parents and any other familial parent/adult with a view to discovering how the occupation of their prostitute parent affected their life chances compared with the norms of the age group cohort they belong to;

                                                (b)          the effect on the other birth parent of any children arising from sexual liaisons with the prostitute, whether that birth parent was married to or a de facto or a casual acquaintance of the prostitute with particular emphasis on that partner's subjective assessment on the effect of the prostitute's occupation on the partner's health (including STD's), life stress, career path and personal prosperity;

                                                (c)           the brothers and sisters and the subjective effect the prostitute has had on their life(s);

                                                (d)          the birth parents, in circumstances where the prostitute is/was a minor; and

                                                (e)          the number of marriages and/or other live‑in relationships which prostitutes have;

                              (ii)          the cost of caring for and rehabilitating any or all of the people in any of the foregoing categories where they have suffered any adverse consequences to their lives whether subjectively or objectively assessed;

                              (iii)        inclusion in its consideration of the factors influencing men and women to become prostitutes those reasons influencing the decision where they appear or are admitted to have been taken as the means of financing use of illicit drugs or gambling; and quantify those stated reasons and any other relevant reason discovered by the Committee, by category;

                              (iv)          inclusion in its examination of  the existing law about which it is contemplating making recommendations for change to consider those recommendations in five categories, viz; male to male prostitution, male to female prostitution, female to male prostitution, female to female prostitution and orgies (i.e. any or all of the foregoing in group sex activities which involve prostitution).

                              Question put and passed.

 

6         Voluntary Euthanasia Bill                    

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

                  Debate resumed.

                  Ordered, on motion of Mr De Laine, that the debate be further adjourned until Thursday 6 April.

 

7          Postponement of business

                  Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 2 and 3 be postponed and taken into consideration after Order of the Day: Private Members Bills/Committees/Regulations No. 4.

                 

8         Lottery and Gaming (Two up on Anzac Day) Amendment Bill             

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

 

                                                                                      In Committee

                                                                           Clause No. 2 further considered and agreed to.

                                                                           Title agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with  amendments.

 

                  Mr Atkinson moved - That the Bill be now read a third time.

                  Question put.


                  House divided (No. 1):

 

                                          Ayes, 26.

 

                              Hon. M.H. Armitage

                              Mr Ashenden

                              Hon. S.J. Baker

                              Hon. F.T. Blevins

                              Mr Brindal

                              Mr Brokenshire

                              Mr Caudell

                              Mr Clarke

                              Mr De Laine

                              Mr Foley

                              Mrs Geraghty

                              Ms Hall

                              Ms Hurley

                              Hon. G.A. Ingerson

                              Mr Kerin

                              Mr Lewis

                              Hon. J.W. Olsen

                              Hon. J.K.G. Oswald

                              Mrs Penfold

                              Mr Quirke

                              Hon. M.D. Rann

                              Mr Scalzi

                              Ms Stevens

                              Hon. R.B. Such

                              Mr Wade

                              Mr Atkinson (Teller)

                  Noes, 12.

 

Hon. H. Allison

Mr Bass

Mr Becker

Mr Buckby

Mr Evans

Mrs Kotz

Mr Leggett

Hon. W.A. Matthew

Mrs Rosenberg

Mr Rossi

Hon. D.C. Wotton

Mr Meier (Teller)

 

 

 

                  So it was resolved in the affirmative.

 

                  Bill read a third time and passed.

 

9         Suspension of Standing Orders

                  The Deputy Premier (Hon. S.J. Baker), without notice, moved - That Standing Orders be so far suspended as to enable a motion for rescission of the vote on Notice of Motion: Private Members Bills/Committees/Regulations No. 3 to be moved forthwith.

                  Question put.


                  House divided (No. 2):

 

                                          Ayes, 24.

 

                              Hon. H. Allison

                              Hon. M.H. Armitage

                              Mr Ashenden

                              Mr Bass

                              Mr Becker

                              Mr Brokenshire

                              Mr Buckby

                              Mr Caudell

                              Mr Evans

                              Ms Hall

                              Hon. G.A. Ingerson

                              Mr Kerin

                              Mrs Kotz

                              Mr Leggett

                              Hon. W.A. Matthew

                              Mr Meier

                              Hon. J.W. Olsen

                              Hon. J.K.G. Oswald

                              Mrs Penfold

                              Mrs Rosenberg

                              Hon. R.B. Such

                              Mr Wade

                              Hon. D.C. Wotton

                              Hon. S.J. Baker (Teller)

                              Noes, 14.

 

Mr Atkinson

Hon. F.T. Blevins

Mr Brindal

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Mr Rossi

Mr Scalzi

Ms Stevens

Mr Lewis (Teller)

 

                  So it was resolved in the affirmative.

                 

            Rescission of vote

                  The Deputy Premier, pursuant to order, moved - That the vote on  Notice of Motion: Private Members Bills/Committees/Regulations No. 3 be rescinded.

                  Debate ensued.

                  Question put.

                  House divided (No. 3):

 

                                          Ayes, 24.

 

                              Hon. H. Allison

                              Hon. M.H. Armitage

                              Mr Ashenden

                              Mr Bass

                              Mr Brokenshire

                              Mr Buckby

                              Mr Caudell

                              Mr Condous

                              Mr Evans

                              Ms Hall

                              Hon. G.A. Ingerson

                              Mr Kerin

                              Mrs Kotz

                              Mr Leggett

                              Hon. W.A. Matthew

                              Mr Meier

                              Hon. J.W. Olsen

                              Hon. J.K.G. Oswald

                              Mrs Penfold

                              Mrs Rosenberg

                              Hon. R.B. Such

                              Mr Wade

                              Hon. D.C. Wotton

                              Hon. S.J. Baker (Teller)

                              Noes, 15.

 

Mr Atkinson

Hon. F.T. Blevins

Mr Brindal

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Mr Rossi

Mr Scalzi

Ms Stevens

Ms White

Mr Lewis (Teller)

 

 

 

                  So it was resolved in the affirmative.

                 

            Speaker's statement

                  The Speaker ruled that as the time provided by Sessional Orders for this item of business has now passed the motion will stand adjourned until Thursday next.

 

            Suspension of Standing Orders

                  Mr Lewis, without notice, moved - That Standing Orders be so far suspended as to enable the question - That  Notice of Motion: Private Members Bills/Committees/Regulations No. 3 be agreed to - to be put, forthwith.

                  Question put.

                  House divided (No. 4):

 

                                          Ayes, 15.                                                                                                                                   Noes, 26.

                 

                              Hon. H. Allison

                              Hon. F.T. Blevins

                              Mr Ashenden

                              Mr De Laine

                              Mr Foley

                              Mrs Geraghty

                              Ms Hurley

                              Mr Quirke

                              Hon. M.D. Rann

                              Mrs Rosenberg

                              Mr Rossi

                              Mr Scalzi

                              Ms Stevens

                              Ms White

                              Mr Lewis (Teller)

 

Mr Atkinson

Hon. M.H. Armitage

Hon. D.S. Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Clarke

Mr Condous

Mr Evans

Ms Hall

Hon. G.A. Ingerson

Mr Kerin

Mrs Kotz

Mr Leggett

Hon. W.A. Matthew

Mr Meier

Hon. J.W. Olsen

Hon. J.K.G. Oswald

Mrs Penfold

Hon. R.B. Such

Mr Wade

Hon. D.C. Wotton

Hon. S.J. Baker (Teller)                                                                     

 

                  So it passed in the negative.

 

10                                                                        Red Cross Blood Transfusion Service - Motion re

                                                                                                                   Mr Meier, pursuant to notice, moved -  That this House congratulates the Red Cross Blood Transfusion Service on its excellent work in providing stocks of blood for day to day and emergency use and urges more South Australians to take up the challenge to give blood on a regular basis thereby helping to promote better health.

                                                                                                                   Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday 6 April.

 

11        Postponement of business

                  Ordered - That Notices of Motion: Other Motions Nos 2 to 4 be a Notices of Motion for Thursday 6 April.

 

12       Transportable Houses Sales Tax - Motion re

                  Order of the Day read for the adjourned debate on the motion of Mr Evans -  That this House condemns the move by the Australian Tax Office to impose sales tax on transportable houses and calls on the Federal Government to take whatever action is necessary to ensure that sales tax on transportable houses remains unchanged.

                  Debate resumed.

                  Question put and passed.

 

13       Ports Corporation - Motion re

                  Order of the Day read for the adjourned debate on the motion of Mr Brokenshire -  That this House congratulates the Government  and the South Australian Ports Corporation for the positive growth and development of cargo services and in particular the 24% increase in trade volumes in recent months and the expected record trade volumes in 1995.

                  Mr De Laine moved to amend the motion by leaving out all words after the words "That this House congratulates the", and inserting in lieu thereof the words "previous Labor Government, the then Department of Marine and Harbors and the Maritime unions for the positive growth and the development of cargo services and in particular the 24% increase in trade volumes in recent months and the expected record trade volumes in 1995."

                  Debate resumed.

                  Ordered, on motion of Mrs Penfold, that the debate be further adjourned until Thursday 6 April.

 

14       Message from the Governor

                  The following Message from the Governor was received and read:

 

            Assent to Bills                                                                                                                                                        Message No. 21

                  The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz. -                                                                                         

                  No. 8 of 1995 - An Act to amend the Consumer Credit Act 1972.

                  No. 9 of 1995 - An Act to regulate dealing in second- hand motor vehicles; to repeal the Second-hand Motor Vehicles Act 1983; to amend the Magistrates Court Act 1991; and for other purposes.

                  Government House, 23 March 1995                                                                                                          R.F. Mitchell, GOVERNOR

 

15       Petitions Nos 161 to 163

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

 

                  161    Mr Caudell, from 617 residents of South Australia, requesting that the House urge the Government to amend Section 75a of the Summary Offences Act to allow police to obtain and verify a persons bona fides without having to suspect an offence has, is, or is about to be committed.

 

                  162   Mr Kerin, from 1056 residents of South Australia, requesting that the House urge the Government to oppose any measure to legislate for euthanasia.

 

                  163 and 164 Mr Leggett  and Mrs Rosenberg, from 48 residents of South Australia, requesting

                                          that the House urge the Government to maintain the present homicide law, which excludes euthanasia, while maintaining the common law right of patients to refuse treatment.

 

16       Questions

                  Questions without notice were asked.

 

            Member named

                  The Speaker named the Deputy Leader of the Opposition (Mr Clarke) for wilfully defying the authority of the Chair.

                  The Member made an apology which was accepted by the Chair.

 

                  Ordered - That the period for asking questions without notice be extended by one minute.

                  Questions without notice resumed.

 


17        Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

18       Next day of sitting                    

                  The Deputy Premier moved - That the House at its rising adjourn until Wednesday 5 April at 2.00 p.m.

                  Question put and passed.

 

19       Messages from the Legislative Council

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

 

            Industrial and Employee Relations (Miscellaneous Provisions)

                    Amendment Bill                                                                                                                                        Message No. 104

                  MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly to Amendments Nos. 1 and 6 in the Industrial Relations (Miscellaneous Provisions) Amendment Bill and insists on its amendments Nos. 1, 4, 6 and 10. The Bill is returned herewith.

                  Legislative Council, 22 March 1995                                                                                                         H.P.K. Dunn, PRESIDENT

 

                  Ordered - That the Message be taken into consideration on Wednesday 5 April.

 

            Public Sector Management Bill                                                                                                    Message No. 105

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to make provisions for the Public Service of the State and its management and for certain general public sector management matters; to repeal the Government Management and Employment  Act 1985; 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, 22 March 1995                                                                                                         H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 1, line 26 (clause 3) - After “Part 5” insert “or 6”.

                  No. 2            Page 1, line 27 (clause 3) - Leave out paragraph (f)  and insert new paragraph as follows:-

                                          “(f)    the Disciplinary Appeals Tribunal or the Promotion and Grievance Appeals Tribunal;”.

                  No. 3            Page 2 (clause 3) - After line 9 insert new definition as follows:-

                                          ‘“the Disciplinary Appeals Tribunal” means the Tribunal of that name established under schedule 2A;’.

                  No. 4            Page 2, line 17 (clause 3) - Leave out “Minister” and insert “Commissioner”.

                  No. 5            Page 2 (clause 3) - After line 28 insert new definition as follows:-

                                          ‘“the Promotion and Grievance Appeals Tribunal” means the Tribunal of that name established under schedule 2A;’.

                  No. 6            Page 3 (clause 3) - After line 10 insert new definition as follows:-

                                          ‘“recognised organisation” means an association declared to be a recognised organisation by the Commissioner under Part 5;’.

                  No. 7             Page 3, line 15 (clause 3) - Leave out “Minister” and insert “Commissioner”.

                  No. 8            Page 4, line 5 (clause 4) - Leave out “competitive” and insert “efficient”.

                  No. 9            Page 4 (clause 4) - After line 12 insert new subclause as follows:-

                                          “(2)  Public sector agencies must implement all legislative requirements relevant to the agencies.”

                  No. 10         Page 4, line 16 (clause 5) - After “fairly” insert “and consistently and not subject employees to arbitrary or capricious administrative decisions”.


                  No. 11          Page 4, lines 17 and 18 (clause 5) - Leave out paragraph (c)  and insert new paragraphs as follow:-

                                          “(c)               prevent unlawful discrimination against employees or persons seeking employment in the public sector on the ground of sex, sexuality, marital status,  pregnancy, race, physical impairment or any other ground and ensure that no form of unjustifiable discrimination is exercised against employees or persons seeking employment in the public sector; and

                                          (ca)  use diversity in their workforces to advantage and afford employees equal opportunities to secure promotion and advancement in their employment; and

                                          (cb)  afford employees reasonable avenues of redress against improper or unreasonable administrative decisions; and”.

                  No. 12         Page 4, line 20 (clause 5) - Leave out “, patronage and unlawful discrimination” and insert “and patronage”.

                  No. 13         Page 4, line 26 (clause 6) - Leave out “the Government and”.

                  No. 14         Page 4 (clause 6) - After line 30 insert new paragraph as follows:-

                                          “(f)    observe all relevant legislative requirements.”

                  No. 15         Page 5, line 21 (clause 7) - Leave out “Minister” and insert “Commissioner”.

                  No. 16         Page 5 (clause 7) - After line 21 insert new subclause as follows:-

                                          “(5a)  Before a recommendation is made to the Governor as to a matter referred to in subsection (3) that will affect a significant number of the members of a recognised organisation, the Minister must, so far as is practicable -

                                          (a)     notify the organisation of the proposed recommendation; and

                                          (b)     hear any representations or argument that the organisation may wish to present in relation to the proposed recommendation.”

                  No. 17          Page 7, line 24 (clause 12) - Leave out “four weeks” and insert “three months”.

                  No. 18         Page 8, line 20 (clause 14) - After “objectives” insert “consistently with legislative requirements”.

                  No. 19         Page 8 - After line 25 insert new clause as follows:-

                            15A. “Right of recognised organisations to make representations to Chief Executives (1)  Before making a decision, or taking action, that will affect a significant number of the members of a recognised organisation, a Chief Executive must, so far as is practicable -

                                          (a)     notify the organisation of the proposed decision or action; and

                                          (b)     hear any representations or argument that the  organisation may wish to present in relation to the proposed decision or action.

                                          (2)     Nothing in this section limits or restricts the carrying out of a function or exercise of a power by a Chief Executive under this Act.”

                  No. 20        Page 10, lines 6 to 8 (clause 18) - Leave out subclause (3) and insert new subclause as follows:-

                                          “(3)   There is to be a Deputy Commissioner for Public Employment  who is also to be appointed by the Governor.

                                          (4)     The Deputy Commissioner is to act as Commissioner -

                                                      (a)     during a vacancy in the position of the Commissioner; or

                                                      (b)     when the Commissioner is absent from, or unable to discharge, official duties.”

                  No. 21         Page 11, line 3 (clause 21) - After “issue” insert “directions and”.

                  No. 22        Page 11, line 15 (clause 21) - After “personnel management” insert “and industrial relations”.

                  No. 23        Page 11, line 17 (clause 21) - Leave out “personnel management” and insert “directions and or”.

                  No. 24        Page 11, line 19 (clause 21) - Leave out “and appeals”.

                  No. 25        Page 11, line 23 (clause 21) - After “personnel management” insert “or industrial relations”.

                  No. 26        Page 11 (clause 21) - After line 28 insert new subclause as follows:-

                                          “(2)   The Commissioner’s directions -

                                                                  (a)     may be expressed to apply to all employees or particular employees or classes of employees (including statutory office holders with the powers and functions of a Chief Executive under this Act); and

                                                                  (b)     are binding on the persons to whom they are expressed to apply.”

                  No. 27         Page 11, lines 29 to 31 (clause 22) - Leave out the clause and insert new clause as follows:-

                            22. “Extent to which Commissioner is subject to Ministerial direction  (1)  Subject to this section, the Commissioner is subject to direction by the Minister.

                                          (2)     No Ministerial direction may be given to the Commissioner -

                                                      (a)     relating to the appointment, assignment, transfer, remuneration, discipline or termination of a particular person; or

                                                      (b)     requiring that material be included in, or excluded from, a report that is to be laid before Parliament; or

                                                      (c)     requiring the Commissioner to refrain from making a particular review or investigation; or

                                                      (d)     requiring the Commissioner to declare, or refrain  from declaring, a particular association to be a recognised organisation or to revoke, or refrain from revoking, such a declaration.

                                          (3)     A Ministerial direction to the Commissioner -

                                                      (a)     must be communicated to the Commissioner in writing; and

                                                      (b)     must be included in the annual report of the Commissioner.”

                  No. 28        Page 12 - Before line 1 insert new clause as follows:-

                            22A.  “Recognised organisations and right to make representations to Commissioner  (1)  If the Commissioner is of the opinion that an association registered under the Industrial and Employee Relations Act 1994 or under the Industrial Relations Act 1988 of the Commonwealth represents the interests of a significant number of employees, the Commissioner must, by notice published in the Gazette, declare the association to be a recognised organisation for the purposes of this Act.

                                          (2)     If the Commissioner is of the opinion that a recognised organisation has ceased to represent the interests of a significant number of employees, the Commissioner must, by notice published in the Gazette, revoke a declaration under subsection (1).

                                          (3)     Before making a decision or determination, or taking action, that will affect a significant number of the members of a recognised organisation, the Commissioner must, so far as is practicable -

                                                      (a)     notify the organisation of the proposed decision, determination or action; and

                                                      (b)     hear any representations or argument that the organisation may wish to present in relation to the proposed decision, determination or action.

                                          (4)     Nothing in this section limits or restricts the carrying out of a function or exercise of a power by the Commissioner under this Act.”

                  No. 29        Page 12, line 4 (clause 23) - After “personnel” insert “management or industrial relations”.

                  No. 30        Page 12, line 8 (clause 23) - Leave out subparagraph (iv).

                  No. 31         Page 12, line 10 (clause 23) - Leave out “or panel of persons”.

                  No. 32        Page 12, line 11 (clause 23) - Leave out “, inquiry or appeal” and insert “or inquiry”.

                  No. 33        Page 12, line 17 (clause 23) - After “object” insert “that is relevant to the subject matter of the review, investigation or inquiry”.

                  No. 34        Page 12, lines 18 and 19 (clause 23) - Leave out “questions truthfully” and insert “truthfully questions that are relevant to the subject matter of the review, investigation or inquiry”.

                  No. 35        Page 13, line 26 (clause 26) - After “personnel management” insert “and industrial relations”.

                  No. 36        Page 13, lines 28 to 32 (clause 26) - Leave out paragraphs (a)  and (b)  and insert new paragraph as follows:-

                                          “(a)   describe the extent of observance within the Public Service of -

                                                                   (i)     the personnel management standards contained in Part 2; and

                                                                  (ii)    the personnel management guidelines and directions issued by the Commissioner; and

                                                                  (iii)  the provisions governing the use of contracts relating to employment in non-executive positions under Division 2 of Part 7,

                                          and measures taken to ensure observance of those standards, guidelines, directions and provisions;”.

                  No. 37         Page 14, lines 6 and 7 (clause 26) - Leave out subclause (3).

                  No. 38        Page 14 - After line 9 insert new clause as follows:-

                            26A. “Special reports  (1)  The Commissioner may at any time submit a special report to the Minister on matters relating to personnel management or industrial relations in the Public Service or a part of the Public Service.

                                          (2)     If the Commissioner becomes aware that significant breaches or evasions of -

                                                      (a)     the personnel management standards contained in Part 2; or

                                                      (b)     the personnel management guidelines or directions issued by the Commissioner; or

                                                      (c)     the provisions governing the use of contracts relating to employment in non-executive positions under Division 2 of Part 7,

                                          have occurred in an administrative unit, the Commissioner must make a special report to the Minister describing the breaches or evasions.

                                          (3)     On receipt of a special report under subsection (2), the Minister must obtain a report from the Minister responsible for the administrative unit dealing with the matters raised by the Commissioner and describing any corrective measures taken by the Chief Executive of the administrative unit.

                                          (4)     The Minister must, within 12 sitting days after receipt of a special report under this section, cause copies of the report (together with any further report obtained under subsection (3)) to be laid before  each House of Parliament.”

                  No. 39        Page 15, line 4 (clause 27) - Leave out “Minister” and insert “Commissioner”.

                  No. 40        Page 15 (clause 27) - After line 13 insert new subclause as follows:-

                                          “(1a)            The Commissioner may not make a determination relating to the classes of positions that are to be executive positions if the determination would result in more than two per cent of all positions in the Public Service becoming executive positions.”

                  No. 41         Page 15, line 14 (clause 27) - Leave out “Minister” and insert “Commissioner”.

                  No. 42        Page 15, line 18 (clause 27) - Leave out “Minister” and insert “Commissioner”.

                  No. 43        Page 15 (clause 28) - After line 26 insert new subclause as follows:-

                                          “(4)   No position may -

                                                                  (a)     be abolished while the position is occupied by an employee; or

                                                                  (b)     have its remuneration level reduced while the position is occupied by an employee except -

                                                                               (i)     with the employee’s consent; or

                                                                              (ii)    in order to correct a clerical error made in the course of the process of fixing or varying the remuneration level of the position.”

                  No. 44        Page 16, lines 25 to 28 (clause 30) - Leave out subclause (3).

                  No. 45        Page 16 (clause 30) - After line 34 insert new subclauses as follow:-

                                          ‘(5a)            If -

                                                                  (a)     the executive is not reappointed to the position at the end of a term of employment; and

                                                                  (b)     the contract does not provide that he or she is entitled to some other specified appointment in that event; and

                                                                  (c)     immediately before the commencement of his or her first term of employment in the position, the executive occupied another position in the Public Service (the employee’s “former position”),

                                          the executive is entitled to be appointed (without any requirement for selection processes to be conducted) to a position in the Public Service with a remuneration level the same as, or at least equivalent to, that of his or her former position.

                                          (5b) If an employee is appointed as required by subsection (5a) to a position that is an executive position, the conditions of his or her employment will not be required to be subject to a contract under this section (except in the event that he or she is appointed to another executive position).’

                  No. 46        Page 17, line 6 (clause 31) - After “other than” insert  “Part 2 and”.

                  No. 47         Page 17, lines 7 to 24 (clause 32) - Leave out the clause.

                  No. 48        Page 17, line 33 (clause 33) - After “objectives” insert “consistently with legislative requirements”.

                  No. 49        Page 18, line 9 (clause 36) - Leave out “the directions of the Minister” and insert “this section”.

                  No. 50        Page 18, lines 20 to 23 (clause 36) - Leave out paragraph (d).

                  No. 51         Page 18, line 28 (clause 36) - After “Act” insert “(other than Part 2)”.

                  No. 52        Page 18 (clause 36) - After line 28 insert new subclause as follows:-

                                          “(4)   Conditions of employment may not be made subject to a contract under this section except -

                                                                  (a)     in the case of a temporary or casual position; or

                                                                  (b)     with the Commissioner’s approval -

                                                                              (i)      in the case of a position required for the carrying out of a project of limited duration; or

                                                                              (ii)    where special conditions need to be offered in respect of a position to secure or retain the services of a suitable person; or

                                                                              (iii)  in other cases of a special or exceptional kind prescribed by regulation.”

                  No. 53        Page 19 - After line 2 insert new Division as follows:-

‘DIVISION 3 - APPOINTMENT PROCEDURES AND

PROMOTION APPEALS

                            37A. Appointment procedures  (1)  This section applies to an appointment to a position that is required to be made as a consequence of selection procedures conducted on the basis of merit.

                                          (2)     A Chief Executive may, for the purpose of filling a position -

                                                      (a)     cause applications to be sought and an applicant selected on the basis of merit in accordance with the regulations; or

                                                      (b)     if a pool of applicants has been established under subsection (3) for the purpose of filling positions of a class to which the position belongs - cause an applicant to be selected on the basis of merit in accordance with the regulations from amongst applicants in the pool.

                                          (3)     A Chief Executive may, with the approval of the Commissioner, for the purpose of filling positions of a class prescribed by regulation -

                                                      (a)     cause applications to be sought in accordance with the regulations; and

                                                      (b)     cause selections to be made on the basis of merit in accordance with the regulations for the purpose of establishing a pool of applicants from which further  selections may be made to fill positions of that class as from time to time required.

                                          (4)     If an applicant selected for a position is not an employee, the Chief Executive may proceed directly to appoint the person to the position.

                                          (5)     If an applicant selected for a position is an employee, then -

                                                      (a)     in a case where no other employee applied for the position or the Chief Executive is authorised by the regulations to do so - the Chief Executive may proceed directly to appoint the person to the position;

                                                      (b)     in any other case - the Chief Executive must first nominate the person for appointment to the position.

                                          (6)     The Chief Executive may withdraw a nomination for appointment to a position at any time before appointment of the nominee if -

                                                      (a)     the nominee requests in writing that the nomination be withdrawn; or

                                                      (b)     the Commissioner approves withdrawal of the nominations,

                                                      and, in the event of such withdrawal, another applicant may be selected for appointment to the position.

                            37B.  Promotion appeals (1)  Where an employee has been nominated for appointment to a position, any other employee who applied for the position and is eligible for appointment to the position may, within seven days after the publication of the notice of nomination, appeal to the Promotion and Grievance Appeals Tribunal against the nomination.

                                          (2)     An appeal against a nomination may only be made on one or more of the following grounds:

                                                      (a)     that the employee nominated is not eligible for appointment to the position; or

                                                      (b)     that the selection processes leading to the nomination were affected by nepotism or patronage or were otherwise not properly based on assessment of the respective merits of the applicants; or

                                                      (c)     that there was some other serious irregularity in the selection processes,

                                                      and may not be made merely on the basis that the Tribunal should redetermine the respective merits of the appellant and the employee nominated.

                                          (3)     The Tribunal may, if of the opinion that an appeal is frivolous or vexatious, decline to entertain the appeal.

                                          (4)     Where, on an appeal under this section, the Tribunal is satisfied that there has been some serious irregularity in the selection processes leading to the nomination such that it would be unreasonable for the nomination to stand, the Tribunal may -

                                                      (a)     set aside the nomination; and

                                                      (b)     order that the selection processes be recommenced from the beginning or some later stage specified by the Tribunal.

                                          (5)     For the purposes of this section -

                                                      (a)     a person is not eligible for appointment to a position if the person does not have qualifications determined by the Commissioner to be essential in  respect of the position; and

                                                      (b)     a determination by the Chief Executive seeking to fill a position that specific qualifications, experience or other attributes are essential or desirable in respect of the position will be binding on the Tribunal.

                                          (6)     Where an employee has been nominated for appointment to a position and no other employee is entitled to appeal or successfully appeals against the nomination, the nominee must be appointed to the position.

                                          (7)      The regulations may make provision with respect to entitlement to appeal against a nomination under this section.

                                          (8)     Nothing in this section prevents a Chief Executive or the Commissioner from attempting to resolve by conciliation a matter the subject of an appeal under this section prior to the commencement of the hearing of the appeal.’

                  No. 54        Page 20, line 8 (clause 38) - Leave out “jointly by” and insert “by the Commissioner in consultation with”.

                  No. 55        Page 20, lines 9 to 11 (clause 38) - Leave out subclause (3).

                  No. 56        Page 20, lines 12 to 17 (clause 38) - Leave out subclause (4) and insert new subclause as follows:-

                                          “(4)   Promotion of an employee to a higher remuneration level through assignment under this section -

                                                                  (a)     may be made only subject to conditions determined by the Commissioner; and

                                                                  (b)     may continue only for up to 12 months or such longer period not exceeding three years as the Commissioner may allow in a particular case.”

                  No. 57         Page 20, line 32 (clause 39) - Leave out “Minister” and insert “Commissioner”.

                  No. 58        Page 21, line 7 (clause 41) - Leave out “Minister” and insert “Commissioner”.

                  No. 59        Page 21, lines 14 and 15 (clause 42) - Leave out “Chief Executive of the administrative unit in which the employee was employed” and insert “Commissioner”.

                  No. 60        Page 21, lines 23 to 38, and page 22, lines 1 to 8 (clause 44) - Leave out the clause and insert new clause as follows:-

                            44.  ‘Excess employees (1)  If the Chief Executive of an administrative unit is satisfied -

                                                      (a)     that -

                                                                  (i)                  the services of an employee have become under utilised; or

                                                                  (ii)                an employee is no longer required to perform, or cannot perform, the duties of his or her position,

                                                                  because of -


                                                                  (iii)              changes in technology or work methods or in the organisation or nature or extent of operations of the administrative unit; or

                                                                   (iv)   loss of a qualification that is necessary for the performance or proper performance of the duties; and

                                                      (b)     that it is not practicable to assign the employee under Division 1 to another position in the administrative unit,

                                                      the Chief Executive must refer the matter to the Commissioner.

                                          (2)     If a matter is referred to the Commissioner under subsection (1) and the Commissioner is satisfied -

                                                      (a)     as to the matters referred to in subsection (1)(a); and

                                                      (b)     that all reasonable endeavours have been made to assign the employee under Division 1 to another position in the Public Service (whether in the same or another administrative unit) but that it is not practicable to do so in the circumstances of the case; and

                                                      (c)     that reasonable consultations have taken place with the appropriate recognised organisation,

                                                      the Commissioner may -

                                                      (d)     transfer the employee to another position in the Public Service with a lower remuneration level; or

                                                      (e)     recommend to the Governor that the employee’s employment in the Public Service be terminated.

                                          (3)     The Governor may, on the recommendation of the Commissioner under this section, terminate an employee’s employment in the Public Service.

                                          (4)     If an employee is transferred under this section to a position with a lower remuneration level, the employee is entitled to supplementation of the employee’s remuneration in accordance with the relevant provisions of an award or enterprise or industrial agreement or, if there is no award or enterprise or industrial agreement covering the matter, in accordance with a scheme prescribed by the regulations.’

                  No. 61         Page 23, lines 12 and 13 (clause 45) - Leave out “jointly by the Chief Executive and the Chief Executive of the other unit, or by the Minister” and insert “by the Commissioner in consultation with the Chief Executive of the other unit.”

                  No. 62        Page 23, lines 15 and 16 (clause 45) - Leave out “the Chief Executive may terminate the employee’s employment in the Public Service” and insert “the Commissioner may recommend to the Governor that the employee’s employment in the Public Service be terminated”.

                  No. 63        Page 23 (clause 45) - After line 16 insert new subclause as follows:-

                                          “(5a)           The Governor may, on the recommendation of the Commissioner under this section, terminate an employee’s employment in the Public Service.”

                  No. 64        Page 23, lines 35 and 36 (clause 46) - Leave out subparagraph (ii).

                  No. 65        Page 24, lines 13 and 14 (clause 46) - Leave out “jointly by the Chief Executive and the Chief Executive of the other unit, or by the Minister” and insert “by the Commissioner in consultation with the Chief Executive of the other unit.”

                  No. 66        Page 24, lines 16 and 17 (clause 46) - Leave out “the Chief Executive may terminate the employee’s employment in the Public Service” and insert “the Commissioner may recommend to the Governor that the employee’s employment in the Public Service be terminated.”

                  No. 67         Page 24, lines 22 and 23 (clause 46) - Leave out subclause (4) and insert new subclauses as follow:-

                                          “(4)   An employee must be given not less than 14 days’ notice in writing of a decision to transfer the employee or recommend that the employee’s employment in the Public Service be terminated under this section.

                                          (4a) If, within the period referred to in subsection (4), the employee appeals to the Promotion and Grievance Appeals Tribunal against the decision, the decision is suspended until the determination of the appeal.

                                          (4b) The Governor may, on the recommendation of the Commissioner under this section, terminate an employee’s employment in the Public Service.”

                  No. 68        Page 26, line 33 (clause 52) - After “period” insert “with or”.

                  No. 69        Page 27, lines 3 to 7 (clause 52) - Leave out paragraphs (e)  to (g)  and insert new paragraph as follows:-

                                          “(e)   recommend to the Governor -

                                                                   (i)     that the employee be transferred to some other position in the Public Service with a lower remuneration level; or

                                                                  (ii)    that the employee’s employment in the Public Service be terminated.”

                  No. 70         Page 27, lines 14 to 16 (clause 52) - Leave out subclause (8).

                  No. 71          Page 27, line 17 (clause 52) - After “taking” insert “or recommending”.

                  No. 72         Page 27, line 19 (clause 52) - After “take” insert “or recommend”.

                  No. 73         Page 27 (clause 52) - After line 22 insert new subclause as follows:

                                          “(11) The Governor may, on the recommendation of the Chief Executive under this section -

                                                                  (a)     transfer an employee to some other position in the Public Service with a lower remuneration level; or

                                                                  (b)     terminate an employee’s employment in the Public Service.”

                  No. 74         Page 27, lines 33 to 35  (clause 53) - Leave out paragraph (e)  and insert new paragraph as follows:-

                                          “(e)   recommend to the Commissioner that the employee be transferred to a position in another administrative unit with the same remuneration level;”

                  No. 75         Page 28, lines 4 to 6  (clause 53) - Leave out subclause (3) and insert new subclause as follows:-

                                          “(3)   The Commissioner may, on the recommendation of the Chief Executive under this section, transfer an employee to a position in another administrative unit with the same remuneration level.”

                  No. 76         Page 28, line 20 (clause 53) - Leave out “Minister” and insert “Commissioner”.

                  No. 77          Page 28, lines 34 to 39 (clause 54) - Leave out paragraphs (a), (b)  and (c)  and the passage “may -” preceding those paragraphs and insert “may recommend to the Governor -

                                          (a)     that the employee be transferred to some other position in the Public Service with a lower remuneration level; or

                                          (b)     that the employee’s employment in the Public Service be terminated.”

                  No. 78         Page 29, lines 1 to 3 (clause 54) - Leave out subclause (2).

                  No. 79         Page 29, line 4 (clause 54) - Leave out “taking” and insert “recommending”.

                  No. 80        Page 29, line 6 (clause 54) - Leave out “take” and insert “recommend”.

                  No. 81         Page 29 (clause 54) - After line 8 insert new subclause as follows:-

                                          “(5)   The Governor may, on the recommendation of the Chief Executive under this section -

                                                                  (a)     transfer an employee to some other position in the Public Service with a lower remuneration level; or

                                                                  (b)     terminate an employee’s employment in the Public Service.”

                  No. 82        Page 29 - After line 8 insert new clause as follows:-

                            54A. “Disciplinary appeals  (1)  An employee may, within 14 days after receiving notice of a decision that the employee is liable to disciplinary action or a decision as to disciplinary action to be taken or recommended in respect of the employee under this Division, appeal to the Disciplinary Appeals Tribunal against the decision.

                                          (2)  The Tribunal may, on an appeal under this section -

                                                      (a)     affirm the decision subject to the appeal;

                                                      (b)     set aside the decision subject to the appeal and substitute a decision that should have been made in the first instance;

                                                      (c)     make any consequential or ancillary orders.

                                          (3)     If an appellant succeeds in an appeal under this section, the Tribunal may order costs against the Crown.

                                          (4)     An employee does not have a right of appeal under this section against a decision recommending disciplinary action because the employee has been convicted of an indictable offence.”

                  No. 83        Page 29, lines 22 to 36, and page 30, lines 1 to 9 (clause 57) - Leave out the clause and insert new clause as follows:-

                            57. “Grievance appeals  (1)  An employee who is aggrieved by an administrative decision that directly affects the employee may appeal to the Promotion and Grievance Appeals Tribunal against the decision.

                                          (2)     Nothing in this section prevents a Chief Executive or the Commissioner from attempting to resolve by conciliation a matter the subject of an appeal under this section prior to the commencement of the hearing of the appeal.

                                          (3)     The Tribunal may, if of the opinion -

                                                      (a)     that an appeal is frivolous or vexatious; or

                                                      (b)     that an appellant has not fully explored avenues for review or redress available within the administrative unit in which the appellant is employed,

                                                      decline to entertain the appeal.

                                          (4)     The Tribunal may, on an appeal under this section -

                                                      (a)     affirm the decision subject to the appeal; or

                                                      (b)     give any directions that are, in the opinion of the Tribunal, necessary or desirable to redress the grievance.

                                          (5)     An employee does not have a right of appeal under this section against a decision -

                                                      (a)     that is appealable under some other provision of this Act; or

                                                      (b)     that is of a class excluded by regulation from appeal under this section.”

                  No. 84        Page 30, lines 10 to 13 (clause 58) - Leave out the clause.

                  No. 85        Page 30, lines 14 to 35 (clause 59) - Leave out the clause.

                  No. 86        Page 30, lines 36 to 40 (clause 60) - Leave out the clause.

                  No. 87         Page 31, lines 1 to 12 (clause 61) - Leave out the clause.

                  No. 88        Page 31, lines 13 to 15 (clause 62) - Leave out the clause.

                  No. 89        Page 31, lines 16 to 32 (clause 63) - Leave out the clause.

                  No. 90        Page 31, lines 33 to 38, and page 32, lines 1 to 4 (clause 64) - Leave out the clause.

                  No. 91         Page 32, lines 5 to 8 (clause 65) - Leave out the clause.

                  No. 92        Page 32, lines 9 to 18 (clause 66) - Leave out the clause.

                  No. 93        Page 34, lines 8 and 9 (clause 70) - Leave out “the Chief Executive of an administrative unit would be empowered under Part 8 to transfer an employee” and insert “an employee is liable to be transferred under Part 8”.

                  No. 94        Page 34, lines 9 and 10 (clause 70) - Leave out “Minister” (twice occurring) and insert, in each case, “Commissioner”.

                  No. 95        Page 34, line 18 (clause 70) - Leave out “Minister may, if the Minister” and insert “Commissioner may, if the Commissioner”.

                  No. 96        Page 34, line 25 (clause 70) - Leave out “Minister” and insert “Commissioner”.

                  No. 97         Page 34, line 26 (clause 70) - Leave out “Minister” and insert “Commissioner”.

                  No. 98        Page 34 (clause 71) - After line 31 insert new subclause as follows:-

                                          “(2a)           Appointments may not be made under this section so that at any time the number of persons so employed exceeds one per cent of all employees in the Public Service.”

                  No. 99        Page 34 (clause 71) - After line 34 insert new subclauses as follow:-

                                          “(4)   The Premier must cause a report to be prepared not less frequently than once every 12 months setting out with respect to each Minister -

                                                                  (a)     details of all appointments made to the Minister’s personal staff under this section (other than those described in previous reports under this section); and

                                                                  (b)     the number of persons for the time being employed on the Minister’s personal staff under this section; and

                                                                  (c)     the remuneration and other conditions of appointment of each person for the time being employed on the Minister’s personal staff under this section.

                                          (5)     A report under subsection (4) must -

                                                      (a)     be published in the Gazette next issued after preparation of the report; and

                                                      (b)     be laid before each House of Parliament within six sitting days after preparation of the report.”

                  No. 100         Page 34, line 36 (clause 72) - Leave out “Minister” (twice occurring) and insert, in each case, “Commissioner”.

                  No. 101          Page 36, line 34 (clause 79) - Leave out “Minister” and insert “Commissioner”.

                  No. 102         Page 37, lines 11 to  21 (clause 82) - Leave out the clause.

                  No. 103         Page 38, line 17 (Schedule 1) - Leave out “a Minister to the” and insert “the Premier to                                                                  a”.

                  No. 104         Page 39, line 15 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 105         Page 39, line 17 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 106         Page 40, line 7 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 107          Page 40, line 8 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 108         Page 40, line 11 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 109         Page 40, line 12 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 110          Page 40, lines 15 and 16 (Schedule 2) - Leave out “Minister” (twice occurring) and insert, in each case, “Commissioner”.

                  No. 111           Page 40, line 23 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 112          Page 41, line 6 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 113          Page 41, line 7 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 114          Page 41, line 9 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 115          Page 41, line 10 (Schedule 2) - After “employees” insert “so as to authorise the establishment of a pool of sick leave credits for the benefit of any member of the group who has a longer term absence due to sickness or injury”.

                  No. 116          Page 41, lines 16 and 17 (Schedule 2) - Leave out “Minister” (twice occurring) and insert, in each case, “Commissioner”.

                  No. 117           Page 41, lines 21 and 22 (Schedule 2) - Leave out “Minister” (twice occurring) and insert, in each case, “Commissioner”.

                  No. 118          Page 41, line 27 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 119          Page 41, line 31 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 120         Page 41, line 32 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 121          Page 42, line 4 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 122         Page 42, line 11 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 123         Page 42, line 21 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 124         Page 42, line 24 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 125         Page 42, line 32 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 126         Page 43, line 17 (Schedule 2) - Leave out “Minister” and insert “Commissioner”.

                  No. 127          Page 43, lines 27 and 28 (Schedule 2) - Leave out “Minister” (twice occurring) and insert, in each case, “Commissioner”.

                  No. 128         Page 43 - After line 34 insert new Schedule as follows:-

SCHEDULE 2A

Promotion and Grievance Appeals Tribunal and Disciplinary Appeals Tribunal

 

                              1. Promotion and Grievance Appeals Tribunal and Disciplinary Appeals Tribunal  (1)  The following Tribunals are established:

                                             (a)  the Promotion and Grievance Appeals Tribunal; and

                                             (b)  the Disciplinary Appeals Tribunal.

                                             (2)  Except where the contrary intention appears, the remaining provisions of this schedule apply in relation to both the Promotion and Grievance Appeals Tribunal and the Disciplinary Appeals Tribunal.

                              2. Appointment of Presiding Officer and Deputy Presiding Officer  (1)  The Governor may appoint -

                                             (a)  a suitable person to be Presiding Officer of the Tribunal; and

                                             (b)  a suitable person to be Deputy Presiding Officer of the Tribunal.

                                             (2)  Before the Governor makes an appointment under subclause (1), the Minister must invite representations from recognised organisations on the proposed appointment.


                                             (3)  A person is not eligible to be appointed as Presiding Officer or Deputy Presiding Officer of the Disciplinary Appeals Tribunal unless that person is a member or a former member of the judiciary of the State or the Commonwealth.

                                             (4)  A person is not eligible to be appointed as Presiding Officer or Deputy Presiding Officer of the Promotion and Grievance Appeals Tribunal -

                                                                  (a)     if the person is an employee; or

                                                                  (b)     unless the person has, in the opinion of the Governor, appropriate knowledge and experience of principles and practices of personnel management in the public sector.

                                             (5)  In the absence of the Presiding Officer of the Tribunal, or if there is temporarily no Presiding Officer of the Tribunal, the Deputy Presiding Officer has all the powers and functions of the Presiding Officer.

                                             (6)  A Presiding Officer or Deputy Presiding Officer of the Tribunal is to be appointed for a term of office (not exceeding five years) determined by the Governor and specified in the instrument of appointment and, at the end of a term of office, is eligible for reappointment.

                                             (7)   A person ceases to be Presiding Officer or Deputy Presiding Officer of the Promotion and Grievance Appeals Tribunal if the person -

                                                                  (a)     completes a term of office and is not reappointed; or

                                                                  (b)     resigns by written notice addressed to the Minister; or

                                                                  (c)     is removed from office by the Governor on the ground of -

                                                                              (i)      misconduct; or

                                                                              (ii)    neglect of duties; or

                                                                              (iii)  incompetence; or

                                                                              (iv)    mental or physical incapacity to carry out official duties; or

                                                                  (d)     is convicted of an offence punishable by imprisonment; or

                                                                  (e)     becomes a member, or a candidate for election as a member, of the Parliament of the State or the Commonwealth.

                                             (8)  A person ceases to be Presiding Officer or Deputy Presiding Officer of the Disciplinary Appeals Tribunal if the person -

                                                                  (a)     completes a term of office and is not reappointed; or

                                                                  (b)     resigns by written notice addressed to the Minister; or

                                                                  (c)     ceases to be a member of the judiciary.

                                             (9)  A person who ceases to be Presiding Officer or Deputy Presiding Officer of the Tribunal on completion of a term of office, on resignation under this clause, or on retirement or resignation as a member of the judiciary, may continue to act in the relevant office for the purpose of completing the hearing and determination of proceedings part-heard at the completion of the term of office, or at the time of the retirement or resignation.

                              3. Panels of nominees  (1)  For the purpose of constituting the Tribunal there is to be -

                                             (a)  a panel of employees nominated by the Commissioner; and

                                             (b)  a panel of employees nominated by recognised  organisations.

                                             (2)  The Minister may from time to time invite the recognised organisations to nominate employees to constitute the panel referred to in subclause (1)(b).

                                             (3)  If a recognised organisation fails to make a nomination in response to an invitation under subclause (2) within the time allowed in the invitation, the Minister may choose employees instead of nominees of the recognised organisation and any employees so chosen are to be taken to have been nominated to the relevant panel.

                                             (4)  A person ceases to be a member of a panel if the person -

                                                                  (a)     ceases to be an employee; or

                                                                  (b)     resigns by notice in writing addressed to the Minister; or

                                                                  (c)     is removed from the panel by the Minister on the ground of misconduct, neglect of duty, incompetence or mental or physical incapacity to carry out official duties; or


                                                                  (d)     has completed a period of two years as a member of the panel since being nominated, or last renominated, as a member of the panel, and is not renominated to the panel.

                                             (5)  A person who ceases to be a member of a panel on retirement or resignation from the Public Service, on resignation under this clause, or on completion of a period of two years as a member of the panel, may continue as a member of the panel for the purpose of completing the hearing and determination of proceedings of the Tribunal part-heard at the completion of the period as a member, or at the time of the retirement or resignation.

                              4. Constitution of Tribunal and divisions of Tribunal  (1)  For the purpose of hearing and determining any proceedings, the Tribunal is to be constituted of -

                                             (a)  the Presiding Officer or Deputy Presiding Officer of the Tribunal; and

                                             (b)  a member of the panel of nominees of the Commissioner selected by the Presiding Officer for the purpose of those proceedings; and

                                             (c)  a member of the panel of nominees of recognised organisations selected for the purpose of those proceedings -

                                                                   (i)     by the appellant; or

                                                                  (ii)    if there are two or more appellants and they do not agree on the selection of a nominee - by the Presiding Officer.

                                             (2)  The Presiding Officer, if of the opinion that it is expedient that separate divisions of the Tribunal should be constituted, may direct that the Tribunal sit in separate divisions.

                                             (3)  A division of the Tribunal is to be constituted in accordance with subclause (1).

                                             (4)  Separate divisions of the Tribunal may sit contemporaneously to hear separate proceedings.

                              5. Procedure at meetings of Tribunal  (1)  The Presiding Officer or Deputy Presiding Officer of the Tribunal must preside at the hearing of any proceedings by the Tribunal.

                                             (2)  The Presiding Officer or Deputy Presiding Officer of the Disciplinary Appeals Tribunal must decide any question of law arising in proceedings before that Tribunal but any other decision in which any two or more members of the Tribunal concur is a decision of the Tribunal.

                                             (3)  A decision in which any two or more members of the Promotion and Grievance Appeals Tribunal concur is a decision of that Tribunal.

                              6. Employee not subject to direction  A member of the Tribunal who is an employee is not subject to direction as an employee in respect of the performance of duties as a member of the Tribunal.

                              7. Secretary to Tribunal  There is to be a Secretary to the Tribunal.

                              8. Principles upon which Promotion and Grievance Appeals Tribunal is to act  In proceedings under this Act, the Promotion and Grievance Appeals Tribunal -

                                             (a)  is to act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and

                                             (b)  is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks fit.

                              9. Notice of proceedings, etc.  (1)  The Presiding Officer or the Secretary to the Tribunal must give a party to proceedings before the Tribunal reasonable notice of the time and place at which the Tribunal is to hear those proceedings.

                                             (2)  The Commissioner is to be treated as a party to all proceed­ings before the Tribunal.

                                             (3)  A party must be afforded a reasonable opportunity to call or give evidence, to examine or cross‑ examine witnesses, and to make submissions to the Tribunal.

                                             (4)  If a party does not attend at the time and place fixed by the notice, the Tribunal may hear the proceedings in the absence of that party.

                              10. Representation (1)  Subject to subclause (2), a person is entitled to appear personally, or by representative, in proceedings before the Tribunal.

                                             (2)  A person is not entitled to be represented by a legal practitioner except in proceedings before the Disciplinary Appeals Tribunal.

 

                              11. Powers of the Tribunal  (1)  In the exercise of its powers or functions under this Act, the Tribunal may -

                                             (a)  by summons signed on behalf of the Tribunal by a member of the Tribunal, or the Secretary to the Tribunal, require the attendance before the Tribunal of any person; and

                                             (b)  by summons signed on behalf of the Tribunal by a member of the Tribunal, or the Secretary to the Tribunal, require the production of any record or object; and

                                             (c)  require a person to make an oath or affirmation to answer truthfully all questions put by the Tribunal, or a person appearing before the Tribunal; and

                                             (d)  require a person appearing before the Tribunal to answer relevant questions put by a member of the Tribunal or by a person appearing before the Tribunal.

                                             (2)  Subject to subclause (3), if a person -

                                                                  (a)     who has been served with a summons to attend before the Tribunal fails without reasonable excuse to attend in obedience to the summons; or

                                                                  (b)     who has been served with a summons to produce a record or object fails without reasonable excuse to comply with the summons; or

                                                                  (c)     misbehaves before the Tribunal, wilfully insults the Tribunal or a member of the Tribunal or interrupts the proceedings of the Tribunal; or

                                                                  (d)     refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Tribunal,

                                                                  the person is guilty of an offence.

                                             Penalty:  Division 6 fine.

                                             (3)  A person is not obliged to answer a question or to produce a record or object (other than a record or object of the Government) under this clause if to do so would tend to incriminate the person of an offence.

                                             (4)  In the course of proceedings, the Tribunal may -

                                                                  (a)     receive in evidence a transcript of evidence in proceedings before a court or tribunal and draw any conclusions of fact from the evidence that it considers proper; or

                                                                  (b)     adopt any findings, decision or judgment of a court or tribunal that may be relevant to the proceedings.

                              12. Witness fees  A person who appears as a witness in proceedings before the Tribunal is entitled to reimbursement of expenses in accordance with the regulations.

                              13. Reasons for decision  At the conclusion of an appeal, the Tribunal must, at the request of a party to the appeal, furnish the party with a statement of the reasons for the Tribunal’s decision on the appeal.

                              14.  Report on proceedings of the Tribunal (1)  The Presiding Officer of the Tribunal must, within three months after the end of each financial  year, report to the Minister on the work of the Tribunal during that financial year.

                                             (2)  The Minister must, within 12 sitting days after receipt of a report under this clause, cause copies of the report to be laid before each House of Parliament.”

                  No. 129         Page 45, lines 6 and 7 (Schedule 3) - Leave out paragraph (b).

                  No. 130         Page 45, lines 18 to 20 (Schedule 3) - Leave out paragraph (c).

                  No. 131          Page 46, line 21 (Schedule 3) - Leave out “four weeks” and insert “three months”.

                  No. 132         Page 46, lines 34 to 42, and page 47, lines 1 to 3 (Schedule 3) - Leave out clause 11 and insert new clause as follows:-

                              11. “Tribunals continued  The Disciplinary Appeals Tribunal and the Promotion and Grievance Appeals Tribunal as constituted under the repealed Act immediately before the commencement of this Act continue as the same Tribunals subject to this Act.”

                  No. 133         Page 47 (Schedule 3) - After line 13 insert new clause as follows:-

                              15. “Interaction with Superannuation legislation  (1)  Termination of an employee’s employment in the Public Service under Division 4 of Part 8 is to be taken to constitute retrenchment for the purposes of the Superannuation Act 1988, the Superannuation (Benefit Scheme) Act 1992 and the Southern State Superannuation Act 1994.


                                          (2)     Termination of an employee’s employment in the Public Service under Division 5 of Part 8 is to be taken to constitute termination on account of or on the ground of invalidity for the purposes of the Superannuation Act 1988, the Superannuation (Benefit Scheme) Act 1992  and the Southern State Superannuation Act 1994.

                                          (3)     Termination of employee’s employment in the Public Service under Division 6 of Part 8 is to be taken to constitute termination on the ground of incompetence for the purposes of the Superannuation Act 1988.”

                                                                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

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

 

20       South Australian Health Services Bill

                  The Minister for Health, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the administration of health services in the State; to repeal the South Australian Health Commission Act 1976; 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 Ms Stevens, that the debate be adjourned until Wednesday 5 April.

 

21       Development (Review) Amendment Bill

                  The Minister for Housing,Urban Development and Local Government Relations (Hon. J.K.G. Oswald), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993 and to make related amendments to the Local Government Act 1934.

                  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 Ms Hurley, that the debate be adjourned until Wednesday 5 April.

 

22       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. 2.

 

23       Consent to Medical Treatment and Palliative Care Amendment Bill

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

                 

                                                                                      In Committee

                  Resolved - That the amendments be insisted on.

 

                                                                                                                                  ____________

 

                  The House having resumed:

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

 

24       Conference - Retail Shop Leases Bill

                  Ordered - That the consideration of the Report from the Conference on this Bill be now resumed.

 

                                                                                      In Committee

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

 

                                                                                                                                  ____________


                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

25       Suspension and resumption

                  At 5.05 p.m. the sitting of the House was suspended.

                  At 6.32 p.m. the Speaker resumed the Chair.

 

26       Extension of sitting

                  The Deputy Premier moved - That the sitting of the House be extended beyond 6.00 p.m.

                  Question put and passed.

 

27       Suspension of Standing Orders

                  The Minister for Industrial Affairs (Hon. G.A. Ingerson), without notice, moved - That Standing Orders be so far suspended as to enable the rescission of an order.

 

            Rescission of order

                  The Minister moved -  That the order making the consideration of Message No. 104 of the Legislative Council in the Industrial and Employee Relations (Miscellaneous Provisions) Bill  an Order of the Day for Wednesday 5 April be rescinded.

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

 

            Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill

                  Ordered - That the Amendments of the Legislative Council in this Bill be taken into consideration forthwith.

 

                                                                                       In Committee                   

 

                  Resolved - That the amendments to Amendments Nos 1 and 6 and that the disagreement to amendments Nos 4 and 10 be insisted on.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the Message referred to it and had resolved to insist on the amendments to the Amendments Nos 1 and 6 and the disagreement to amendments Nos 4 and 10.

 

            Conference

                  The Minister moved - That a Message be sent to the Legislative Council requesting a Conference be granted to this House repecting certain amendments from the Legislative Council in the Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill, and that the Legislative Council be informed that in the event of a Conference being agreed to this House will be represented at such Conference by five Managers and the Messrs Brokenshire, Clarke and Leggett, Ms White and the mover be Managers of the Conference on the part of the House of Assembly.

 

28       Messages from the Legislative Council

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

 


            Petroleum Products Regulation Bill                                                                                                             Message No. 106

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate activities involving or related to petroleum products; to repeal the Business Franchise (Petroleum Products) Act 1979, the Motor Fuel Distribution Act 1973 and the Petroleum Shortages Act 1980; to make consequential amendments to the Environment Protection Act 1993; 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, 23 March 1995                                                                                                         H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 10 (clause 15) - After line 1 insert new subclause as follows:

                                          "(3)     The Minister -

                                                          (a)             is, in making a decision in respect of an application, bound by a recommendation made by a person or body to which the matter has been referred under this Part that the application should be refused; and

                                                         (b)  may not decide that an application should be refused unless in receipt of a recommendation to that effect from a person or body to which the matter has been so referred."

                  No. 2            Page 24, line 11 (clause 38) - Leave out "or" and insert "and".

                                                                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                  Ordered - That the amendments be taken into consideration on Wednesday 5 April.

                 

            Phylloxera and Grape Industry Bill                                                                                                                Message No. 107

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the protection of vineyards from disease and to assist and support the grape industry in South Australia, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 23 March 1995                                                                                                         H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  Page 6 (clause 10) - After line 21 insert new subclauses as follows:

                  "(4a)           The Minister must appoint at least one member of the Selection Committee from the persons nominated to the panel by the South Australian Farmers Federation Incorporated and at least one member from the nominated by the Wine and Brandy Producers Association of South Australia Incorporated.

                  (4b) At least one member of the Select Committee must be a man and at least one must be a woman."

                                                                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                  Ordered - That the amendments be taken into consideration on Wednesday 5 April.

                 

            Consent to Medical Treatment and Palliative Care Bill                                                   Message No. 108

                  MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Consent to Medical Treatment and Palliative Care Bill. In the event of a conference being agreed to, the Legislative Council will be represented thereat by five managers.

                  Legislative Council, 23 March 1995                                                                                                         H.P.K. Dunn, PRESIDENT

 

            Conference

                  The Minister for Health (Hon M.H. Armitage) moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and place for holding it be the Second Floor Conference Room, at 8.30 a.m. on Monday 27 March; and that Messrs Atkinson, Becker and Cummins, Mrs Stevens and the mover be the Managers on the part of this House.

 

            Retail Shop Leases Bill                                                                                                                             Message No. 109

                  MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Retail Shop Leases Bill has agreed thereto.

                  Legislative Council, 23 March 1995                                                                                                         H.P.K. Dunn, PRESIDENT

 

            Industrial and Employee Relations (Miscellaneous Provisions) 

                    Amendment Bill                                                                                                                                        Message No. 110

                  MR SPEAKER - The Legislative Council has, in reply to Message No. 116 from the House of Assembly, agreed to grant a Conference on the Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 3.30 p.m. on Monday, 3 April 1995, to receive the Managers on behalf of the House of Assembly, at the Second Floor Conference Room of the Legislative Council.

                  Legislative Council, 23 March 1995                                                                                                         H.P.K. Dunn, PRESIDENT

                 

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

 

            Consent to Medical Treatment and Palliative Care Bill                           Message No. 111

                  MR SPEAKER - In reply to Message No.117 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference on the Consent to Medical Treatment and Palliative Care Bill.

                  Legislative Council, 23 March 1995                                                                                                         H.P.K. Dunn, PRESIDENT

 

29       Adjournment

                  House adjourned at 6.15 p.m. until Wednesday 5 April at 2.00p.m.

 

                                                                                                                                  ____________

 

 

                  Present during the day - All the Members.

 

 

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY