No 51

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 24 JULY 1997

 

 

1       Meeting of House

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

 

2       Economic and Finance Committee - Report - Management of Grant Funds by the South Australian Sports, Cultural and Health Advancement Trust - Motion to note

Mr Becker, pursuant to notice, moved - That the Twenty-First Report of the Economic and Finance Committee on the South Australian Sports, Cultural and Health Advancement Trust be noted.

         Debate ensued.

         Question put and passed.

 

3       Government Financial Responsibility Bill

Mr Foley, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to improve Government financial responsibility and reporting and for other purposes.

Question put and passed.

 

         Bill presented and read a first time.

         Mr Foley moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 28 August.

 

4       Environment, Resources and Development Committee - Report - Waste Management Practices in South Australia - Motion to note

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

         Debate ensued.

         Question put and passed.

 

5       Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Private Members Bills/Committees/Regulations No 3.

 

6       Constitutional (Casual Vacancies in House of Assembly) Amendment Bill

Order of the Day read for the third reading of this Bill.

 

Mr Evans moved - That this Bill be now read third time.

         Question put.

 


         House divided (No 1)

 


                       Ayes, 26

 

Hon H Allison

Hon M H Armitage

Hon E S Ashenden

Mr D S Baker

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mrs Greig

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Leggett

Hon W A Matthew

Mr Meier

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Hon R B Such

Mr Venning

Hon D C Wotton

Mr Evans (Teller)


        Noes, 14

 

Mr Andrew

Hon F T Blevins

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Lewis

Mr Quirke

Hon M D Rann

Mr Rossi

Mr Scalzi

Ms Stevens

Mr Wade

Ms White

Mr Clarke (Teller)


 

So it was resolved in the affirmative.

 

Absolute Majority

The Speaker declared the third reading of this Bill to have been carried by an absolute majority of the whole number of the Members of the House.

 

         Bill read a third time and passed.

 

7       West Beach Trust Proprietors - Motion re

Mr Becker, pursuant to notice, having by leave amended the motion of which notice had been given, moved - That this House congratulates the Board, management and staff of West Beach Trust as proprietors of the West Beach Caravan Park on their recent win in the Camping and Caravan Parks category of the 1997 Yellow Pages South Australian Tourism Awards.

         Debate ensued.

         Question put and passed.

 

8       Productivity Commission Report - Motion re

Mr Brokenshire, pursuant to notice, moved - That this House supports the Premier in his efforts to argue the case against the Productivity Commission regarding the recommendation to reduce tariffs on textiles, clothing and footwear to 5% by 2008 and condemns the Commission’s Report.

         Debate ensued.

         Ordered, on motion of Mr Becker, that the debate be adjourned until Thursday 28 August.

 

9       Postponement of business

Ordered - That Notices of Motion: Other Motions Nos 3 and 4 be postponed and taken into consideration after Notice of Motion: Other Motions No 5.

 


10      Occupation of Cyprus - Motion re

Mr Cummins, pursuant to notice, moved - That this House notes with sadness that 20 July 1997 marked the anniversary of the Turkish invasion and occupation of Cyprus and calls on Turkey to:

(a)  withdraw all its troops from Cyprus;

(b)  withdraw all illegal Anatolian settlers from the occupied areas;

(c)  reveal the fate of the 1619 missing persons;

(d)  urgently address the needs of the enclaved persons and in particular, the immediate and safe return of the Greek Cypriot schoolteacher Eleni Foka back to her home and students in the occupied area:

(e)  demonstrate, with actions, goodwill and intentions (during the current face-to-face negotiations between President Clerides and Mr Denktash) its intention to resolve the Cypriot problem,

and further, this house calls upon the international community and Australia, to reject any solution to the Cypriot problem which involves a bizonal-bicommunal federation.

         Question put and passed.

 

11      Petitions Nos 130 to 133

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

 

130       The Premier (Hon J W Olsen), from 429 residents of South Australia, requesting that the House affirm the policy of multiculturalism.

 

131       Mr Foley, from 83 residents of South Australia, requesting that the House urge the Government to allow licensed clubs to sell liquor to a club member for consumption off the premises.

 

132       Mrs Hurley, from 786 residents of South Australia, requesting that the House urge the Government to reject any application to establish a landfill at Medlow Road, Uleybury or other site in the Playford Council area.

 

133       Ms Stevens, from 589 residents of South Australia, requesting that the House urge the Government to allocate more resources to the northern suburbs, in particular financial counselling, emergency relief, quality housing, special education teachers, paediatric speech therapists and family support services.

 

12      Paper

The following Paper was tabled:

 

By the Minister for Health (Hon M H Armitage) -

      Living Health - S A Jockey Club contract - Correspondence, 12 November 1996

 

13      Questions

Questions without notice were asked.

 

14      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

 

15      Member named

The Speaker named the Leader of the Opposition (Hon M D Rann) for defying the authority of the Chair.

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

 

16      Grievance debate

Debate interrupted (by the foregoing naming) resumed.

Question put and passed.

 

17      Messages from the Legislative Council

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

 

         Partnership (Limited Partnerships) Amendment Bill                               Message No 127

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Partnership (Limited Partnerships) Amendment Bill, without any amendment.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Co-operatives Bill                                                                                   Message No 128

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Co-operatives Bill, without any amendment.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Equal Opportunity (Sexual Harassment) Amendment Bill                      Message No 129

MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Equal Opportunity (Sexual Harassment) Amendment Bill. In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

Conference

The Treasurer (Hon S J Baker) 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 Plaza Room, at 6.00 pm today; and that Mr Atkinson, Hon J K Oswald, Ms Stevens, Mr Wade and the mover be the managers on the part of this House.

 

         Motor Vehicles (Farm Implements and Machines) Amendment Bill                   Message No 130

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Motor Vehicles (Farm Implements and Machines) Amendment Bill, without any amendment.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Industrial and Employee Relations (Registered Associations)

               Amendment Bill                                                                                Message No 131

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Industrial and Employee Relations Act 1994, without any amendment.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

18      Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clause No 1 agreed to.

                                                Clause No 2 left out.

                                                Clause No 3 amended and agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

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

 

Bill read a third time and passed.

19      Suspension of Standing Orders

The Deputy Premier (Hon G A Ingerson) moved - That Standing Orders be so far suspended as to enable Orders of the Day: Private Members Bills/ Committee/ Regulations Nos 2, 4, 7 and 12; and Order of the Day: Other Motions No 4 to be taken into consideration forthwith and any necessary question put, without any further debate.

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

 

20      Select Committee on Organs for Transplantation - Final Report - Motion to note

Order of the Day read for the adjourned debate on the motion of the Minister for Health - That the Report of the Select Committee on Organs for Transplantation be noted.

Question put and passed.

 

21      South Australian Housing Trust Act - Regulations - Water Rates - Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Ms Hurley - That the Regulations under the South Australian Housing Trust Act 1936 relating to Water Rates, gazetted on 1 August and laid on the Table of this House on 1 October 1996, be disallowed

         Question put.

         House divided (No. 2)

 


                                                Ayes, 9

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr Foley

Mrs Geraghty

Mr Quirke

Ms Stevens

Ms White

Ms Hurley (Teller)


                            Noes, 31

Hon H Allison

Mr Andrew

Hon M H Armitage

Mr D S Baker

Hon S J Baker

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Ms Hall

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Mr Meier (Teller)


 

         So it passed in the negative.

 

22      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 7 be an Order of the Day for Thursday 28 August.

 


23      Social Development Committee - Final Report - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Leggett - That the Final Report of the Social Development Committee Inquiry into Prostitution be noted;

Which Mr Brindal has moved to amend by inserting after the word “noted” the words “and in particular, that all Members of the Committee agree on the need for change in the current laws, however, given the divergent views of the Committee and those expressed in debates in the House during this Session, this House resolves to encourage further community consultation and commends it to early attention of the 49th Parliament.

         Question - That the amendment be agreed to - put and passed.

         Question - That the motion as amended be agreed to - put and passed.

 

24      University of South Australia - Underdale and Whyalla Campuses - Motion re

Order of the Day read for the adjourned debate on the motion of Ms White - That this House acknowledges the important educational opportunities provided by the University of South Australia campuses at Whyalla and Underdale to country and western suburbs students and strongly opposes any plan to close or diminish learning opportunities at those campuses.

         Question put and passed.

 

25      Messages from the Legislative Council

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

 

         Local Government (Miscellaneous) Amendment Bill                              Message No 132

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1934, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

Schedule of amendments made by the Legislative Council

No 1     Page 1, line 13 (clause 2) - leave out “section” and insert “sections 11(c) and”

No 2     Page 1, line 15 (clause 2) - leave out “section” and insert “sections 11(c) and”

No 3     Page 2, line 38 (clause 10) - leave out “member of the Australian Institute of Valuers and Land Economists” and insert “person who is able to act as a land valuer under the Land Valuers Act 1994”.

No 4     Page 3, lines 3 and 4 (clause 11) - leave out “a member of the Australian Institute of Valuers and Land Economists” and insert “able to act as a land valuer under the Land Valuers Act 1994”.

No 5     Page 3 (clause 11) - after line 5 insert new paragraph as follows:

“(c) by striking out from paragraph (c) of subsection (3) “the owner of the land” and substituting “the principal ratepayer in respect of the land”.”

No 6     Page 5, lines 8 to 10 (clause 14) - leave out section 201 and insert new section as follows:

“Application of Subordinate Legislation Act o rules

201 (1)  Subject to subsection (2), Part 2 of the Subordinate Legislation Act 1978, other than section 10AA, applies to the rules of a controlling authority under this part.

      (2)  The Subordinate legislation Act  1978 does not apply to the rules of -

            (a)  a controlling authority prescribed by the regulations; or

            (b)  a controlling authority of a class prescribed by the regulations.”

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved - That the amendments be agreed to.

____________

 


The House having resumed:

The Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to same without amendment.

 

Conference - Equal Opportunity (Sexual Harassment)

      Amendment Bill                                                                                Message No 133

MR SPEAKER - In reply to Message No 145 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

The Deputy Premier moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Equal Opportunity (Sexual Harassment) Amendment Bill.

Question put and passed.

 

26      Suspension and resumption of sitting

         At 5:08 pm the sitting of the House was suspended.

         At 10.18 pm the Speaker resumed the Chair.

 

27      Messages from the Legislative Council

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

 

         Appropriation Bill                                                                                   Message No 134

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 1998 and for other purposes, without any amendment.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Electricity (Vegetation Clearance) Amendment Bill                                Message No 135

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Electricity Act 1996, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No 1     Page 1 (clause 3) - After line 18 insert new paragraphs as follows:-

‘(ab)      by striking out the definition of “powerline” and substituting the following definition:

            “powerline” means -

(a)   a set of cables for the transmission or distribution of electricity and their supporting or protective structures and equipment; and

(b)   associated equipment for the transmission or distribution of electricity, but does not include a telecommunications cable or associated equipment;

(ac) by inserting in the definition of “principles of vegetation clearance” “, as modified by a vegetation clearance scheme” after “powerlines”.’

No 2     Page 3, lines 11 to 13 (clause 6) - Leave out “require the electricity entity to inspect and clear vegetation more frequently than is required under the principles of vegetation clearance or otherwise”.

No 3     Page 3, line 22 (clause 6) - Before “powerlines” insert “specified public”.

No 4     Page 3, lines 23 and 24 (clause 6) Leave out paragraphs (d) and insert new paragraph as follows:-

“(d) it may modify the regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public and private powerlines subject to the scheme;”.

No 5     Page 3, lines 33 and 24 (clause 6) - Leave out proposed subsection (3).

No 6     Page 4, line 21 (clause 6) - Insert “under this Division” after “dispute”.


No 7     Page 5, lines 23 to 25 (clause 6) - Leave out paragraph (b) and insert new paragraph as follows:-

“(b) in a case where the Technical Regulator is satisfied that it is appropriate to do so in view of significant and persistent failure by the council or the electricity entity to carry out properly, or at all, vegetation clearance work in relation to the powerlines after the commencement of this section and the reason for the failure.”

No 8     Page 5, lines 26 to 28 (clause 6) - Leave out subsection (3) and insert new subsection as follows:-

“(3)  The Technical Regulator may confer a duty on a council in accordance with subsection (2) only in respect of particular powerlines in respect of which the Technical Regulator is satisfied the conferral of the duty is justified.”

No 9     Page 5 (clause 6) - After line 28 insert new subsection as follows:-

“(3a)  If the Technical Regulator proposes to confer on a council a duty to keep vegetation clear of public powerlines in circumstances in which there has been failure by the electricity entity to carry out properly, or at all, vegetation clearance work in relation to those powerlines, the Technical Regulator must consider whether the council should be given an indemnity for any liability arising from the entity’s failure or whether the conferral of the duty should be postposed for a period designed to allow any necessary work to be carried out.”

No 10    Page 5, lines 33 (clause 6) - Insert “future” after “different”.

No 11    Page 6 (clause 6) - After line 14 insert new paragraph as follows:-

“(fa) recognised electrical safety standards;”

No 12    Page 7, lines 15 to 17 (clause 6) - Leave out subparagraph (ii) and insert new paragraph as follows:-

“(ii)  the Technical Regulator orders the public to be excluded from attendance in accordance with subsection (4a); and”.

No 13    Page 7, lines 18 to 20 (clause 6) - Leave out paragraph (b) and insert new paragraph as follows:-

“(b) the parties may not be represented in the proceedings by lawyers except by leave of the Technical Regulator.”

No l4     Page 7 (clause 6) - After line 20 insert new subsection as follows:-

“(4a)      The Technical Regulator may order the public to be excluded from attendance at proceedings in order -

(a)  to consider in confidence information that has commercial value to a person or relates to the commercial or financial affairs of a person (the Technical Regulator being satisfied that it is reasonably foreseeable that public disclosure of the information could cause significant damage to a person or the interests of a person or confer an unfair commercial or financial advantage on a person); or

(b)  to ensure that the Technical Regulator does not -

(i)    breach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty; or

(ii)    unreasonably expose himself or herself to any legal process or liability.”

No 15    Page 7, lines 22 (clause 6) - Leave out “conducted in private” and insert “during any period when the public is excluded from attendance”.

No 16    Page 9, line 22 (clause 6) - After “material” insert the following:-

“in order -

(a)  to consider in confidence information that has commercial value to a person or relates to the commercial or financial affairs of a person (the Technical Regulator being satisfied that it is reasonably foreseeable that public disclosure of the information could cause significant damage to a person or the interests of a person or confer an unfair commercial or financial advantage on a person); or

(b)  to ensure that the Technical Regulator does not -

(i)    breach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty; or

(ii)    unreasonably expose himself or herself to any legal process or liability.”

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved - That Amendment No 1 be disagreed to and an alternative amendment be made in lieu thereof.

Resolved - That Amendment No 2 be disagreed to.

Resolved - That Amendment No 3 be agreed to.

Resolved - That Amendments Nos 4 and 5 be disagreed to.

Resolved - That Amendment No 6 be agreed to.

Resolved - That Amendment No 7 be disagreed to and an alternative amendment be made in lieu thereof.

Resolved - That Amendment No 8 be disagreed to and an alternative amendment be made in lieu thereof.

Resolved - That Amendments Nos 9 and 10 be agreed to.

Resolved - That Amendment No 11 be disagreed to.

Resolved - That Amendments Nos 12 to 16 be agreed to.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 3, 6, 9, 10, 12, 13, 14, 15 and 16 without amendment, had disagreed to Amendments Nos 2, 4, 5 and 11 and had disagreed to Amendments Nos 1, 7 and 8 and  made alternative amendments in lieu thereof.

 

         Racing (Miscellaneous) Amendment Bill                                                Message No 136

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

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         National Wine Centre Bill                                                                       Message No 137

MR SPEAKER - The Legislative Council does not insist on its amendment in the National Wine Centre Bill to which the House of Assembly has disagreed, and has agreed to the alternative amendment made by the House of Assembly to the words reinstated by the said disagreement, without any amendment. The Bill is returned herewith.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill               Message No 138

MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill, for the reasons indicated in the annexed Schedule, The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the House of Assembly and

disagreed to by the Legislative Council

No 1     Page 1, lines 14 and 15 (clause 2) - Leave out the clause.

No 2     Page 2, lines 3 to 5 (clause 3) - Leave out these lines and insert the following:-

“if -

(iii)  the sale was made after the commencement of the Second-hand Vehicle Dealers (Compensation Fund) Amendment Act 1997; and

(iv)  the auctioneer who conducted the auction or negotiated such a sale (as the case may be) was acting as an agent only and was selling the vehicle on behalf of another person who was not a licensed dealer.”

 


Schedule of the Reason for disagreeing with the foregoing amendments

Because the Council prefers its position in the Bill.

J M Davis, CLERK Of THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved - That the amendments be insisted on.

____________

 

         The House having resumed:

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

 

28      Conference - Equal Opportunity (Sexual Harassment) Amendment Bill

The Treasurer reported as follows:

I have to report that the Managers have been at the Conference on the Equal Opportunity (Sexual Harassment) Amendment Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon K T Griffin), Hon S M Kanck, Hon J A W Levy, Hon C A Pickles and Hon C V Schaeffer and we there received from the Managers on behalf of the Legislative Council the Bill and the following resolution adopted by that House:

That the Council insists on its disagreement to the amendments of the House of Assembly.

And thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that –

As to Amendment No 1 –

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

As to Amendment No 2 –

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

As to Amendment No 3 –

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

As to Amendment No 4 –

That the House of Assembly do not further insist on its amendment but makes the following alternative and additional amendment in lieu thereof:-

‘Page 2, lines 27 to 36 and page 3, lines 1 to 22 (clause 4) Leave out paragraphs (a) to (g) and insert new paragraph as follows:-

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

(b)  if the appropriate authority is of the opinion that dealing with the complaint under this Act could impinge on the judicial independence of parliamentary privilege, as the case may be, the appropriate authority will investigate and may deal with the matter in such manner as the appropriate authority thinks fit;

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

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

(ii)   the Commission must give the complainant and the respondent written notice that the complaint will be dealt with by the appropriate authority:

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

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

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

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

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

(g)     if the Commissioner is to act under paragraph (f), the appropriate authority must give the complainant and the respondent written notice that the Commissioner is to so act;

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

(i)       if, after investigating a complaint under paragraph (b), the appropriate authority considers the complaint can be dealt with under the Act without impinging on judicial independence or parliamentary privilege (as the case may be), the appropriate authority must remit the complaint to the Commissioner, and, in that case, the Commissioner may proceed to deal with the complaint under the Act;

(j)       if a complaint is remitted to the Commissioner under paragraph (I), the Commissioner must give the complainant and respondent written notice that the complaint is to be dealt with by the Commissioner;

(k)     the appropriate authority must give the complainant and the Commissioner written notice of the matter in which the appropriate authority has dealt with a complaint under paragraph (b).”’

Page 3 (clause 4) – After line 34 insert new subsection as follows:-

“(5a)      The Minister must, as soon as practicable after the second anniversary of the commencement of this section, cause an examination to be made of the operation of this section and prepare and complete a report of the results of that examination within six months after the second anniversary of that commencement.

(5b) The Minister must, within 12 sitting days after the report is completed, cause copies of the report to be laid before each House of Parliament.”

And that The Legislative Council agrees thereto.

As to Amendment No 5 –

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

Additional Amendment –

That the House of Assembly makes the following further amendment to the Bill:-

New clause, Page 1- after line 13 insert new clause as follows:-

“Commencement

      1A. This Act will come into operation on a day fixed by proclamation.”

And that the Legislative Council agrees hereto.

 

In Committee

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

____________

 

The House having resumed:

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

 

29      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

30      Message from the Legislative Council

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

 

         Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill               Message No 139

MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Second-hand Vehicles Dealers (Compensation Fund) Amendment Bill. In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

Ordered - That the Message be taken into consideration forthwith.

 


The Treasurer 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 Plaza Room, at 12.00 midnight; and that Mr Atkinson, Mr Brokenshire, Mr Quirke, Mr Scalzi and the mover be the managers on the part of this House.

Question put and passed.

 

Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill               Message No 140

MR SPEAKER - In reply to Message No 151 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

____________

 

It being Midnight

FRIDAY 25 JULY 1997

____________

 

The Deputy Premier moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill.

Question put and passed.

 

Industrial and Employee Relations (Harmonisation) Bill                         Message No 141

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Industrial and Employee Relations Act 1994, with the  amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No 1     Page 1, lines 234 to 27 (clause 3) - Leave out proposed subparagraph (ii) and the footnote and insert -

(ii)   ensuring industrial fairness; and.”

No 2     Page 2, lines 15 to 20 (clause 4) - Leave out paragraph (c) and insert new paragraph (c) as follows:-

‘(c)  by inserting after the definition of “industrial dispute” the following definitions:

industrial fairness” means fair and reasonable conduct between employer and employee that achieves a reasonable balance between managerial powers and discretions on the one hand, and the interest of employees on the other;

Examples -

The following are examples of conduct that is contrary to the principles of industrial fairness -

      Conduct involving nepotism or patronage;

      Conduct that is arbitrary or capricious;

      Conduct involving unlawful of unjustifiable discrimination.

“industrial instrument” means -

(a)  an award or enterprise agreement under this Act; or

(b)  an award or certified agreement (but not an Australian workplace agreement) under the Commonwealth Act;’.

No 3     Page 2, lines 22 and 23 (clause 4) - Leave out the definition of “taxi” and insert -

      ‘“taxi” means a vehicle -

(a)  licensed or exempted from the requirement to be licensed under Part 6 (Taxis) of the Passenger Transport Act 1994; and

(b)  with seating accommodation for not more than 12 passengers; and

(c)  used predominantly for the transport of passengers rather than the transport of goods or other freight;’.

No 4     Page 3 (clause 7) - After line 5 insert new paragraph as follows:-

“(ab)      by inserting after the first dot point in subsection (1)(a)(ii) the following:

if the agreement supersedes an earlier enterprise agreement, to identify the differences in the terms of the agreements; and;”

No 5     Page 3, lines 16 to 21 (clause 8) - Leave out the clause.

No 6     Page 3, lines 35 and 36 and page 4, lines 1 to 17 (clause 10) - Leave out the clause.

No 7     Page 4, lines 18 to 36 and page 5, lines 1 to 3 (clause 11) - Leave out the clause.

No 8     Page 5, lines 22 and 25 (clause 13) - leave out definition of “remuneration”.

No 9     Page 5, lines 30 and 31 (clause 13) - Leave out “(to be calculated in accordance with the regulations) exceeds a rate fixed in the regulation” and insert “exceeds $66 200 (indexed) or more a year”.

No 10    Page 6, lines 1 to 15 (clause 13) - Leave out all words in these lines and insert the following:-

“(a) employees serving a period of probation or a qualifying period providing that the period is determined in advance, is reasonable having regard to the nature and circumstances of the employment and conforms to any relevant statutory limitation - or if there is no such limitation, does not exceed 3 months; or

(b)  employees engaged on a casual basis for a short period except where -

      (i)   the employee has been engaged by the employer on a series of occasions extending over a period of at least six months; and

      (ii)   the employee has, or would have had, a reasonable expectation of regular employment by the employer; or

(c)  employees whose terms and conditions of employment are governed by special arrangements giving rights of review of, or appeal against, decisions to dismiss from employment at least as favourable as the provisions of this Part; or

(d)  employees in relation to whom the application of this Part or the specified provisions of this Part causes or would cause substantial difficulties because of -

      (i)   their conditions of employment; or

      (ii)   the size or nature of the undertakings in which they are employed;

(e)  employees of any other class.

(3)  To the extent that a regulation under subsection (2) is inconsistent with the Termination of Employment Convention it is invalid.

(4)  A regulation under subsection (2) cannot take effect unless it has been laid before both House of Parliament and -

(a)  no motion for disallowance is moved within the time for such a motion; or

(b)  every motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.

No 11    Page 7, lines 33 to 35 (clause 13) - Leave out subsection (2) and inset new subsection as follows:-

“(2) A dismissal is harsh, unjust or unreasonable if the Commission, having regard to -

(a)  the circumstances surrounding the dismissal (including - if relevant - the nature and quality of the employee’s work); and

(b)  the rules and procedures for termination of employment prescribed by or under schedule 8; and

(c)  any other relevant factors,

is satisfied that the employer contravened the principles of industrial fairness in dismissing the employee.”

No 12    Page 8, lines 13 and 14 (clause 13) - Leave out paragraph (a) and insert new paragraph as follows:-

      (a)  industrial fairness,”.

No 13    Page 8, lines 32 to 37 and page 9, lines 1 to 6 (clause 13) - Leave out subsection (4) and insert new subsection as follows:-

“(4) The Commission must not order compensation exceeding 6 months’ remuneration at the rate applicable to the dismissed employee immediately before the dismissal took effect, or $33 100 (indexed), whichever is the greater.”

No 14    Page 9, lines 7 and 8 (clause 13) - Leave out subsection (5) and insert new subsection as follows:-

“(5) An order for the payment of a monetary amount under this section may provide for payment by instalments if -

(a)  the Commission is satisfied that exceptional circumstances exist justifying the making of the order; and

(b)  insofar as the order compensates loss of remuneration - the instalments of compensation are at least as favourable to the employee as the payments of remuneration (to which the order relates) would have been if the employment had continued.”

No 15    Page 9, line 37 (clause 14) - Leave out “A person acts for a prohibited reason if the person discriminates against another” and insert “An employer acts for a prohibited reason if the employer discriminates against another person”.

No 16    Page 11 (clause 14) - After line 12 insert new subsection as follows:-

“(2) A provision of a contract of employment, or an associated undertaking, to become or remain, or not to become or remain, a member of an association is void.”

No 17    Page 11, line 14 (clause 14) - Leave out “A person must not” and insert “An employer must not”.

No 18    Page 12, lines 8 to 22 (clause 14) - Leave out proposed new section 116C.

No 19    Page 12, lines 23 to 33 and page 23, lines 1 to 6 (clause 14) - Leave out new section 117 and insert the following:-

      “Prohibition of discrimination in supply of goods or services

117.      (1) A person who carries on a business involving the supply of goods or services must not discriminate against an employer by refusing to supply goods or services or in the terms on which goods or service are supplied, on the ground that the employer’s employees are, or are not, members of an association.

Maximum penalty:      $20 000

            (2) A person must not, on the ground that an employer’s employees are, or are not, members of an association -

(a)  attempt to induce a person who carries on a business involving the supply of goods or services to discriminate against an employer by refusing to supply goods or services, or in the terms on which goods or services are supplied; or

(b)  attempt to prevent a person who carries on a business involving the supply of goods or services from supplying goods or services to the employer.

Maximum penalty:      $20 000.”

No 20    Page 13, lines 7 to 13 (clause 14) - Leave out new section 118.

No 21    Page 13, lines 14 to 21 (clause 15) - Leave out the clause.

No 22    Page 13, lines 22 to 36 (clause 16) - Leave out the clause.

No 23    Page 14, lines 1 to 10 (clause 17) - Leave out the clause.

No 24    Page 14, lines 27 to 36 and page 15, lines 1 to 11 (clause 20) - Leave out the clause.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendments of the Legislative Council be disagreed to.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the amendments referred to it and had disagreed to the same.

 

         Long Service Leave (Miscellaneous) Amendment Bill                           Message No 142

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Long Service Leave Act 1987, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No 1     Page 2, lines 32 to 37 and page 3, lines 1 to 4 - Leave out subclause 4 and inset new subclause as follows:-

“(4) Despite the preceding provisions of this section, an employer and a worker may agree on -

      (a)  the deferral of long service leave;

      (b)  the taking of long service leave in separate periods;

      (c)  the granting and taking of long service leave on less than 60 days notice;

      (d)  the taking of long service leave in anticipation of the entitlement to the leave accruing to the worker.”

No 2     Page 3, lines 7 to 10 (clause 7) - Leave out all words in these lines.

No 3     Page 3, lines 21 to 38 (clause 8) - Leave out the clause.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the Message be taken into consideration forthwith.

In Committee

         Resolved - That the amendments be agreed to.

____________

 

         The House having resumed:

The Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Enfield General Cemetery

               (Administration of West Terrace Cemetery) Amendment Bill                       Message No 143

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Enfield General Cemetery Act 1944, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No 1     Page 1, line 23 (clause 4) - Leave out “nine” and insert “ten”.

No 2     Page 1, lines 24 and 25 (clause 4) - Leave out paragraph (a) and insert new paragraph as follows:-

“(a) five members appointed on the nomination of the Minister (one of whom is to be a person with extensive knowledge of the historical significance of cemeteries);”

No 3     Page 2 (clause 6) - After line 16 insert new subsection as follows:-

“(3) The Minister is to designate one of the persons nominated by the Minister as the chairperson.”

No 4     Page 2, line 26 (clause 6) - Leave out “Five” and insert “Six”.

No 5     Page 3 (clause 7) - After line 17 insert new subsections as follows:-

“(3) The trust must, in accordance with this section -

      (a)  prepare plans of management for West Terrace Cemetery; and

      (b)  present the plans at public meetings convened by the trust.

(4)  The plans of management must be prepared and presented as follows:

      (a)  the first plan must cover a five year period and be prepared and presented within 12          months after the commencement of this section;

      (b)  subsequent plans must cover subsequent fiver year periods and each plan must be          prepared and presented at least six months before it is to take effect.

(5)  A plan of management must take into account the historical significance of the cemetery and establish policies relating to the following matters:-

      (a)  retention or removal of existing headstones;

      (b)  reuse of burial sites;

      (c)  the scale and character of new memorials or monuments;

      (d)  planting and nurturing of vegetation in the cemetery.

(6)  In preparing a plan of management the trust must consult with the State Heritage Branch of the Department of Environment and natural Resources and other persons who, in the opinion of the trust, have a particular interest in management of the West Terrace Cemetery.

(7)  The trust must, at least two weeks before the date of a public meeting to be convened under this section, publish a notice of the date, time, place and purpose of that meeting in a newspaper circulating generally throughout the State.


(8)  The trust may revise and update a plan of management at any time.

(9)  The trust must keep a copy of the current plan of management available for inspection by members of the public, without charge and during normal office hours, at a place determined by the Minister.”

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         Statutes Repeal and Amendment (Development)

               (Environmental Impact Statements) Bill                                           Message No 144

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Statutes Repeal and Amendment (Development) Act 1993, without any amendment.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Electricity (Vegetation Clearance) Amendment Bill                                Message No 145

MR SPEAKER - The Legislative Council has agreed not insist on its Amendments Nos 1, 2, 4, 5, 7, 8 and 11 in the Electricity (Vegetation Clearance) Amendment Bill to which the House of Assembly has disagreed, and has agreed to the amendments made by the House of Assembly to Amendments Nos 1, 7 and 8 of the Legislative Council, without any amendment. The Bill is returned herewith.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Non-Metropolitan Railways (Transfer) Bill                                              Message No 146

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Non-Metropolitan Railways (Transfer) Bill, without any amendment.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Railways (Operation and Access) Bill                                                     Message No 147

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Railways (Operation and Access) Bill, without any amendment.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Industrial  and Employee Relations (Harmonisation) Amendment Bill               Message No 148

MR SPEAKER - The Legislative Council insists on its amendments in the Industrial and Employee Relations (Harmonisation) Amendment Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the disagreement to the Legislative Council’s amendments be insisted on.

____________

 

         The House having resumed:

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

 

The Minister for Industrial Affairs (Hon D C Brown) moved - That a Message be sent to the Legislative Council requesting a Conference be granted to this House respecting certain amendments from the Legislative Council in the Industrial and Employee Relations (Harmonisation) 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 that Mr Atkinson, Mr Clarke, Mrs Penfold, Mr Wade and the mover be managers of the Conference on the part of the House of Assembly.

Question put and passed.

 


Industrial and Employee Relations

      (Harmonisation) Amendment Bill                                                      Message No 149

MR SPEAKER - The Legislative Council has in reply to Message No 154 from the House of Assembly, agreed to grant a Conference on the Industrial and Employee Relations (Harmonisation) Amendment Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 9.00 am this day to receive the Managers on behalf of the House of Assembly, at the Plaza Room on the first floor of the Legislative Council.

         Legislative Council, 24 July 1997                                                    H P K Dunn, PRESIDENT

 

The Minister for Industrial Affairs moved - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

Question put and passed.

 

The Minister for Industrial Affairs moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Bill.

Question put and passed.

 

31      Suspension and resumption of sitting

         At 2.05 am the sitting of the House was suspended.

         At 3.06 pm the Speaker resumed the Chair.

 

32      Conference - Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill

The Treasurer reported as follows:

I have to report that the Managers have been at the Conference on the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon K T Griffin), Hon S M Kanck, Hon J A W Levy, Hon P Nocella and Hon C V Schaeffer and we there received from the Managers on behalf of the Legislative Council the Bill and the following resolution adopted by that House;

That the Legislative Council insists on its disagreement to the amendments to the House of Assembly.

And thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that the Legislative Council no longer insists on its disagreement to the House of Assembly’s amendments.

 

Ordered - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole for the consideration of the recommendations of the Conference.

 

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.

 

33      Papers

         The following Papers were tabled:

 

         By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

Border Groundwaters Agreement Review Committee - Eleventh Annual Report for year ending 30 June 1996

               Dog and Cat Management Board - Annual Report 1995.

 


34      Matter of Privilege- Newspaper Statements

Mr Atkinson, raised as a matter of privilege, that Members were being quoted in “The Advertiser” as making statements that did not appear in Hansard.

The Speaker made a statement as follows:

The official record of the House of Assembly is Hansard. Any comments which are contained in Hansard attract privilege. Comments which are used and which do not appear in Hansard do not attract privilege, and people who publish them should be aware of that.

 

35      Enfield General Cemetery (Administration of West Terrace Cemetery) Amendment Bill

Ordered - That the consideration of Message No 143 from the Legislative Council be now resumed.

 

In Committee

         Resolved - That the amendments of the Legislative Council be agreed to.

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

36      Message from the Legislative Council

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

 

         Equal Opportunity (Sexual Harassment) Amendment Bill                      Message No 150

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Equal Opportunity (Sexual Harassment) Amendment Bill, has agreed to same.

         Legislative Council, 25 July 1997                                                    H P K Dunn, PRESIDENT

 

37      Suspension and resumption of sitting

         At 3.19 pm the sitting of the House was suspended.

         At 5.40 pm the Speaker resumed the Chair.

 

38      Next day of sitting

The Deputy Premier moved - That the House at its rising adjourn until Tuesday 26 August 1997 at 2.00 pm.

Debate ensued.

 

39      Extension of sitting

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

Question put and passed.

 

40      Next day of sitting

Debate (interrupted by the foregoing motion) resumed.

Question put and passed.

 


41      Messages from the Legislative Council

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

 

Roads (Opening and Closing)

      (Parliamentary Disallowance of Closures) Amendment Bill             Message No 151

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Roads (Opening and Closing) Act 1991, to which it desires the concurrence of the House of Assembly.

The Legislative Council draws the attention of the House of Assembly to Clause No 12, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

         Legislative Council, 25 July 1997                                                    H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for Thursday 28 August.

 

         Second-hand Dealers (Compensation Fund) Amendment Bill                Message No 152

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill, has agreed thereto.

         Legislative Council, 25 July 1997                                                    H P K Dunn, PRESIDENT

 

         Constitution (Parliamentary Terms) Amendment Bill                              Message No 153

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Constitution Act 1934, to which it desired the concurrence of the House of Assembly.

         Legislative Council, 25 July 1997                                                    H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for Thursday 28 August.

 

         Fair Trading (Unconscionable Conduct) Amendment Bill                       Message No 154

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Fair Trading Act 1987, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 25 July 1997                                                    H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for Thursday 28 August.

 

42      Conference - Industrial and Employee Relations (Harmonisation) Amendment Bill

The Minister for Industrial Affairs reported as follows:

I have to report that the Managers have been at the Conference on the Industrial and Employee Relations (Harmonisation) Amendment Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon K T Griffin), Hon M J Elliott, Hon R R Roberts, Hon T G Roberts and Hon C V Schaefer and we there delivered the bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that:

As to Amendment No 1 -

That the Legislative Council no longer insist on this amendment but make instead the following  amendment to the Bill.

Clause 3, page 1, lines 24 to 27 - Leave out proposed subparagraph (ii) and the footnote and insert:-

      “(ii)  ensuring industrial fair play; and”.

And that the House of Assembly agree thereto.

As to Amendment No 2 -

That the Legislative Council no longer insist on this amendment but make instead the following  amendment to the Bill.

Clause 3, page 2, lines 15 to 20 - Leave out paragraph (c) and insert:-

      ‘(c)  by inserting after the definition of “industrial dispute” the following definition:

      “industrial instrument” means -

      (a)  an award or enterprise agreement under this Act; or

      (b)  an award or certified agreement (but not an Australian workplace agreement) under          the Commonwealth Act;’.

      And that the House of Assembly agree thereto.

As to Amendments Nos 3, 4, 5, 6, 7 and 8  -

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

As to Amendment No 9 -

That the Legislative Council no longer insist on this amendment but make instead the following  amendment to the Bill.

Clause 13, page 5, lines 30 and 31 - Leave out “(to be calculated in accordance with the regulations) exceeds a rate fixed in the regulations” and insert “is $66 200 (indexed) or more a year”.

      “(ii)  ensuring industrial fair play; and”.

      And that the House of Assembly agree thereto.

As to Amendment No 10 -

That the Legislative Council no longer insist on this amendment but make instead the following  amendment to the Bill.

Clause 13, page 6, lines 1 to 15 - Leave out all words in these lines and insert:-

“(a) employees serving a period of probation or a qualifying period provided that the period -

      (i)   is determined in advance; and

      (ii)   is reasonable having regard to the nature and circumstances of the employment; and

      (iii)  does not exceed 12 months; or

(b)  employees engaged on a casual basis for a short period except where -

      (i)   the employee has been engaged by the employer on a regular and systematic basis        extending over a period of at least 9 months; and

      (ii)   the employee has, or would have had, a reasonable expectation of continuing      employment by the employer; or

(c)  employees whose terms and conditions of employment are governed by special arrangements giving rights of review of, or appeal against, decisions to dismiss from employment which, when considered as a whole, provide protection that is at least as favourable to the employees as the protection give under this part; or

(d)  employees in relation to whom the application of this Part or the specified provisions of this Part causes or would cause substantial difficulties because of -

      (i)   their conditions of employment; or

      (ii)   the size or nature of the undertakings in which they are employed; or

(e)  employees of any other class.

      (3)  To the extent that a regulation under subsection (2)(c), (d) or (e) is inconsistent with the   Termination of Employment Convention it is invalid.

      (4)  If a contract provides for employment for a specified period or for a specified task, this      Part does not apply to the termination of the employment at the end of the specified        period, or on completion of the specified task.

      And that the House of Assembly agree thereto.


As to Amendment No 11 -

That the Legislative Council no longer insist on this amendment but make instead the following  amendment to the Bill.

Clause 13, page 7, lines 33 and 35 - Leave out subsection (2) and insert new sub-section as follows:-

      (2)  In deciding whether a dismissal was harsh, unjust or unreasonable, the Commission must have regard to -

                  (a)  the Termination of Employment Convention; and

                  (b)  the rules and procedures for termination of employment prescribed by or under                            Schedule 8.

      And that the House of Assembly agree thereto.

As to Amendment No 12 -

That the Legislative Council no longer insist on this amendment but make instead the following  amendment to the Bill.

      Clause 13, page 8, lines 11 to 20 - Leave out subsection (2).

      And that the House of Assembly agree thereto.

As to Amendments Nos 13, 14, 15 and 16 -

That the House of Assembly no longer insist on its disagreement to these amendments.

As to Amendment No 17 -

That the Legislative Council no longer insist on this amendment but make instead the following  amendment to the Bill.

Clause 14, page 11, lines 13 to 24 - Leave out proposed new section 116A and insert:-

      “General offences against the principle of freedom of association

            116A.  A person must not -

      (a)  require another to become, or remain, a member of an association; or

            (i)   is determined in advance; and

(b)  prevent another from becoming or remaining a member of an association of which the other person is, in accordance with the rules of the association, entitled to be a member; or

(c)  induce another to enter into a contract or undertaking not to become or remain a member of an association.

      Maximum penalty:      $20 000.

      And that the House of Assembly agree thereto.

As to Amendment No 18 -

That the House of Assembly no longer insist on its disagreement to this amendment.

As to Amendment No 19 -

That the Legislative Council no longer insist on this amendment but make instead the following amendment to the Bill.

Clause 14, page 12, line 23 to page 13, line 6 - Leave out proposed new section 117 and insert:-

      “Prohibition of discrimination in supply or purchase of goods or services

117 (1)  A person who carries on a business involving the supply or purchase of goods or services must not discriminate against an employer by refusing to supply or purchase goods or services, or in the terms on which goods or services are supplied or    purchased, on the ground that the employer’s employees are, or are not, members of          an association.

            Maximum penalty:            $20 000.

      (2)  A person must not, on the ground that an employer’s employees are, or are not, members of an association -

                  (a)  attempt to induce a person who carries on a business involving the supply or                                           purchase of goods or services to discriminate against an employer by refusing to                               supply or purchase goods or services, or in the terms on which goods or services                           are supplied or purchased; or

                  (b)  attempt to prevent a person who carries on a business involving the supply or                                          purchase or goods or services from supplying or purchasing goods or services to or                            from the employer.

            Maximum penalty:            $20 000.

            (3)  This section does not prevent an association from discriminating between members                     and non-members of the association.

      And that the House of Assembly agree thereto.

As to Amendment No 20 -

That the Legislative Council no longer insist on this amendment.

As to Amendments Nos 21, 22, 23 and 24 -

That the House of Assembly no longer insist on its disagreement to these amendments.

Consequential Amendments -

Clause 7, page 3, after line 11 - Insert new paragraph as follows:-

“(bb)      by inserting after subsection (1) the following subsections:

            (1a) The agreement of employees to be bound by a proposed enterprise agreement                may be indicated by ballot or in some other way.

            (1b)   If a ballot of employees is taken -

      (a)  The Commission must be satisfied that -

            (i)   all employees were given a reasonable opportunity to participate in the ballot; and

            (ii)   the ballot was conducted in accordance with the rules for the conduct of ballots (if                        any) laid down by regulation; and

            (iii)  a majority of the employees casting valid votes at the ballot voted in favour of the proposal; and

      (b)  if the Commission is so satisfied, it will be presumed that a majority of the total number of      the employees (including those who did not vote at the ballot) is in favour of the proposal.”

 

43      Message from the Legislative Council

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

 

         Industrial and Employee Relations (Harmonisation) Amendment Bill                Message No 155

MR SPEAKER - The Legislative Council, having considered the recommendations from the Conference on the Industrial and Employee Relations (Harmonisation) Amendment Bill, has agreed to same. The Bill is returned herewith.

         Legislative Council, 25 July 1997                                                    H P K Dunn, PRESIDENT

 

Ordered - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole for the consideration of the Message from the Legislative Council.

 

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.

 

44      Suspension and resumption of sitting

         At 7.02 pm the sitting of the House was suspended.

         At 7.36 pm the Speaker resumed the Chair.

 

45      Message from the Legislative Council

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

 

         Irrigation (Transfer of Surplus Water) Amendment Bill                           Message No 156

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Irrigation Act 1994, without any amendment.

         Legislative Council, 25 July 1997                                                    H P K Dunn, PRESIDENT

 

46      Adjournment

         House adjourned at 7.37 pm until Tuesday 26 August at 2.00 pm.

 

____________


 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

               For Thursday 28 August 1997

         Notice of Motion: Other Motions -

 

Ms Stevens to move - That this House resolves that the Attorney General should give a direction to the Director of Public Prosecutions, pursuant to Section 9 of the Director of Public Prosecutions Act to proceed with the charge of manslaughter, and other charges that were dropped, against the Directors of Garibaldi Smallgoods Pty Ltd.

 

____________

 

 

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

 

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

 

         Division No 2 -

               Ayes - Mr De Laine and Hon M D Rann

               Noes - Mr Bass and Hon J W Olsen

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 24 JULY 1997

 

Department of the Premier and Cabinet

Adelaide, 24 July 1997

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

 

No 44 of 1997 -  An Act to amend the Construction Industry Long Service Leave Act 1987.

No 45 of 1997 -  An Act to amend the Superannuation Act 1988.

 

                                                                           By command,

SCOTT ASHENDEN, for Premier

 

 


EXTRACT FROM THE GOVERNMENT GAZETTE, 31 JULY 1997

 

Department of the Premier and Cabinet

Adelaide, 31 July 1997

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, This day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

 

No 46 of 1997 - An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 1998 and for other purposes.

No 47 of 1997 - An Act to amend the Equal Opportunity Act 1984.

No 48 of 1997 - An Act to amend the Industrial and Employee Relations Act 1994.

No 49 of 1997 - An Act to amend the Juries Act 1927.

No 50 of 1997 - An Act to amend the Long Service Leave Act 1987.

No 51 of 1997 -  An Act to amend the Motor Vehicles Act 1959 and to make consequential amendments to the Road Traffic Act 1961.

No 52 of 1997 -  An Act to establish the National Wine Centre; and for other purposes.

No 53 of 1997 -  An Act to provide for the implementation of a Commonwealth-State agreement relating to the privatisation of non-metropolitan railways; to make related amendments to the Wrongs Act 1936; and for other purposes.

No 54 of 1997 -  An Act to amend the Partnership Act 1891 and to make consequential amendments to the Business Names Act 1996.

No 55 of 1997 – An Act to provide for the operation of railways and access to railway services on fair commercial terms; and for other purposes.

No 56 of 1997 -  An Act to amend the Retail Shop Leases Act 1995.

No 57 of 1997 -  An Act to amend the Road Traffic Act 1961.

No 58 of 1997 -  An Act to amend the Second-hand Vehicle Dealers Act 1995.

No 59 of 1997 -  An Act to amend the Criminal Law (Sentencing) Act 1988, the Enforcement of Judgements Act 1991, the Evidence Act 1929, the Fences Act 1975, the Law of Property Act 1936, the Magistrates Act 1983, the Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 and the Summary Offences Act 1953.

No 60 of 1997 -  An Act to amend the Statutes Repeal and (Development) Act 1993.

 

                                                                           By command,

STEPHEN BAKER, for Premier

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 7 AUGUST 1997

 

Department of the Premier and Cabinet

Adelaide, 7 August 1997

 

His Excellency the Governor directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, This day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

 

No 61 of 1997 -  An Act to provide for the formation, registration and management of co-operatives; to amend the Securities and Investigation Agents Act 1995; to repeal the Co-operatives Act 1983 and for other purposes.

No 62 of 1997 -  An Act to amend the Electricity Act 1996.

No 63 of 1997 -  An Act to amend the Enfield General Cemetery Act 1944.

No 64 of 1997 -  An Act to amend the Irrigation Act 1994.

No 65 of 1997 -  An Act to regulate the sale, supply and consumption of liquor; to repeal the Liquor Licensing Act 1985; and for other purposes.


No 66 of 1998 -  An Act to amend the Local Government Act 1934.

No 67 of 1997 -  An Act to amend the Racing Act 1976.

 

                                                                           By command,

SCOTT ASHENDEN, for Premier

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 21 AUGUST 1997

 

Department of the Premier and Cabinet

Adelaide, 21 August 1997

 

His Excellency the Governor’s Deputy directs it to be notified for general information that he has in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Act passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

 

No 68 of 1997 -  An Act to amend the Industrial and Employee Relations Act 1994

 

                                                                           By command,

SCOTT ASHENDEN, for Premier

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 21 AUGUST 1997

 

CONSTITUTION ACT 1934 SECTION 6(1): PROROGATION OF PARLIAMENT AND DATE FIXED FOR COMMENCEMENT OF THE FIFTH SESSION OF THE FORTY-EIGHTH PARLIAMENT

Proclamation By The Governor’s Deputy

(L.S.) Bazil Hetzel

 

PURSUANT to Section 6(1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I –

(a)     prorogue the Parliament of South Australia;

(b)     fix 30 September 1997 as the day on which the fifth session of the Forty-Eighth Parliament will commence.

Given under my hand and the Public Seal of South Australia, at Adelaide, 21 August 1997.

 

                                                                           By command,

SCOTT ASHENDEN, for Premier

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 13 SEPTEMBER 1997

 

CONSTITUTION ACT 1934 SECTION 6(1): PROROGATION OF PARLIAMENT AND DISSOLUTION OF THE HOUSE OF ASSEMBLY

Proclamation By The Governor

(L.S.) E J Neal

 

PURSUANT to Section 6(1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I –

(a)     prorogue the Parliament of South Australia until 25 November 1997;

(b)     disolve the House of Assembly.

Given under my hand and the Public Seal of South Australia, at Adelaide, 13 September 1997.

                                                                                     By Command,

J W Olsen, for Premier