377

 

                                                                                                   No. 51

 

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                              WEDNESDAY 8 APRIL 1992

 

 

 1             Meeting of House

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

                    Chair and read prayers.

 

 2             Petitions Nos 273 to 277

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

 

                273 to 275 Messrs D.S. Baker, M.J. Evans and Matthew, from 702 residents of South

                    Australia, requesting that the House urge the Government not to introduce gaming machines into hotels and clubs.

 

                276 Dr Armitage, from 24 residents of South Australia, requesting that the House urge the

                    Government not to close Hillcrest Hospital.

 

                277 Mr Matthew, from 274 residents of South Australia, requesting that the House urge

                    the Government to hold a referendum on all aspects of citizen initiated referenda.

 

 3             Questions

                Questions without notice were asked.

 

 4             Suspension of Standing Orders

                Mr D.S. Baker, pursuant to contingent notice, moved - That Standing Orders be so far

                    suspended as to enable him to move a motion, forthwith.

                Question put and passed.

 

                Hon. E.R. Goldsworthy - Motion of appreciation

                Mr D.S. Baker then moved - That the House notes the impending resignation of the

                    Member for Kavel (Hon. E.R. Goldsworthy) and places on record its appreciation of his 22 years of service.

                Debate ensued.

                Mr De Laine moved after the word "service" to insert the words: "and further, notes the

                    recent resignation of Hon. T. Chapman, the former Member for Alexandra, and similarly appreciates his 19 years of service.

                Debate continued.

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

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

 

 

 

 

                                                                                                     378

 

 

 5             Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

 6             Statutes Amendment and Repeal (Public Offences) Bill

                Order of the Day read for the second reading of the Statutes Amendment and Repeal

                    (Public Offences) Bill.

                The Minister of Labour (Hon. R.J. Gregory) moved - That this Bill be now read a second

                    time.

                Ordered, on motion of Mr Ingerson, that the debate be adjourned until tomorrow.

 

 7             Workers Rehabilitation and Compensation (Miscellaneous) Amendment Bill

                Order of the Day read for the further consideration in Committee of the Workers

                    Rehabilitation and Compensation (Miscellaneous) Amendment Bill.

               

                                                                                            In Committee

                                                        Clause No. 1 further considered and agreed to.

                                                        Clause No. 2 read.

                Mr Ingerson moved on page 1, after line 18, to insert new subsection as follows:

                (2a) Sections 4(a) and (b) will be taken to have come into operation on 19 March 1992.

                Question put and negatived.

                                                        Clause otherwise amended and agreed to.

                Mr Ingerson moved on page 1, after line 19, to insert new clause as follows:

                2a. Interpretation  Section 3 of the principal Act is amended -

                (a)     by striking out from subsection (1) the definition of "journey";

                (b)     by striking out from the definition of "unrepresentative disability" in subsection (1) "a journey, attendance or temporary absence" and substituting "an attendance";

                and

                (c)     by striking out from subsection (4) "or a journey between the worker's residence and the place of pick-up (whether to or from the place of pick-up)".

                Question put.

 


                                                                                                     379

 

                Committee divided (No. 1):

                      Ayes, 19.

            Hon. H. Allison

            Dr Armitage

            Hon. P.B. Arnold

            Mr D.S. Baker

            Mr S.J. Baker

            Mr Becker

            Mr Blacker

            Mr Brindal

            Hon. J.L. Cashmore

            Mr S.G. Evans

            Mr Gunn

            Mrs Kotz

            Mr Lewis

            Mr Matthew

            Mr Oswald

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Mr Ingerson (Teller)

       Noes, 21.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

                So it passed in the negative.

                                                             Clause No. 3 read.

                Mr Ingerson moved on page 1, lines 21 and 22, to leave out all words in these lines

                    after the words "amended by" and insert in lieu thereof the following:

                "striking out paragraph (a) of subsection (8) and substituting the following paragraph:

                (a)     any component of the worker's earnings attributable to overtime will be disregarded;".

                Question put and negatived.

                                                             Clause agreed to.

                Mr Ingerson moved on page 1, after line 24, to insert new clause as follows:

                3a. Rehabilitation programmes  Section 26 of the principal Act is amended -

                (a)     by striking out subsection (1) and substituting the following subsection:

                (1) Rehabilitation programmes with the object of ensuring that workers suffering from compensable disabilities -

                    (a) achieve the best practicable levels of physical and mental recovery;

                    and

                    (b)     are, where possible, restored to the workforce and the community,

                must be established or approved by the Corporation, and may be established by an employer.;

                (b)     by striking out from subsection (2) "by the Corporation";

                (c)     by inserting "or an employer" in subsection (3) after "the Corporation";

                and

                (d)     by inserting "or an employer" in subsection (4) after "The Corporation".

                Question put and negatived.

                                                             Clause No. 4 read.

                Mr Ingerson moved on page 2, line 3, to leave out the words "contributed to" and

                    insert in lieu thereof the words: "was a substantial cause of".

                Question put and negatived.

 

                To report progress and ask leave to sit again.

                                                                                                                            

 

                                                                                                     380

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had further considered the Bill referred to it,     had made progress therein and asked leave to sit again.

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

 

8              Message from the Legislative Council

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

 

                Acts Interpretation (Commencement) Amendment Bill                                              Message No.95

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled

                    an Act to amend the Acts Interpretation Act 1915, without any amendment.

                Legislative Council, 8 April 1992                                                       G.L. Bruce, PRESIDENT

 

9              National Parks and Wildlife (Emu Farming) Amendment Bill

                Mr Lewis, pursuant to notice, moved - That he have leave to introduce a Bill for an Act

                    to amend the National Parks and Wildlife Act, 1972.

                Question put and passed.

     

                Bill presented and read a first time.

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

                Ordered, on motion of Mr De Laine, that the debate be adjourned until Wednesday next.

 

10           Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No.1 be an Order of the Day for

                    Wednesday next.

 

11           Constitution (Parliamentary Terms) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Constitution

                    (Parliamentary Terms) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Mr S.G. Evans, that the debate be further adjourned until

                    Wednesday next.

 

12           Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No.3 be an Order of the Day for

                    Wednesday next.

 

13           Discharge of business

                Orders of the Day (Private Members Bills) Nos 4 and 5 read.

                Ordered - That these Orders of the Day be discharged.

 

14           Postponement of business

                Ordered - separately - That Orders of the Day (Private Members Bills) Nos 6 and 7 be

                    Orders of the Day for Wednesday next.

 

15           Postponement of business

                Ordered - That Notice of Motion (Regulations/Committees) No.2 be a Notice

                    of Motion for Thursday 30 April.

 

16           Courts System, Referral Legislative Review Committee - Motion re

                Mr Such, pursuant to notice, moved - That this House resolves to refer the following

                    matters to the Legislative Review Committee -

                (a)     the curent costs, and difficulties of, persons obtaining affordable legal representation in the South Australian courts;

                (b)     the means by which these costs can be reduced or contained;

 

 

                                                                                                     381

 

                (c)     the means by which associated difficulties, eg delays in appearing before courts, can be minimised;

                (d)     the availability and effectiveness of legal aid; and

                (e)     any other related matter pertinent to South Australians being able to obtain adequate, appropriate and affordable justice in and through the courts system.

                Debate ensued.

                Question put and passed.

 

17           Select Committee on Rural Finance

                Order of the Day read for the Report of the Select Committee on Rural Finance to be

                    brought up.

                Ordered - That the time for bringing up the Report be extended until Thursday 30 April.

 

18           Select Committee on Primary and Secondary Education

                Order of the Day read for the Report of the Select Committee on Primary and Secondary

                    Education to be brought up.

                Ordered - That the time for bringing up the Report be extended until Thursday 30 April.

 

19           Select Committee on the Law and Practice relating to Death and Dying

                Order of the Day read for the Report of the Select Committee on the Law and Practice

                    relating to Death and Dying to be brought up.

                Ordered - That the time for bringing up the Report be extended until Thursday 30 April.

 

20           Select Committee on Bushfire Protection and Suppression Measures

                Order of the Day read for the Report of the Select Committee on Bushfire Protection and

                    Suppression Measures to be brought up.

                Ordered - That the time for bringing up the Report be extended until Thursday 30 April.

 

                                                                                                                    

 

                                           It being 8.30 p.m. Orders of the Day (Government Business) resumed.

 

                                                                                                                      

 

21           Suspension of Standing Orders

                The Minister of Finance (Hon.F.T. Blevins), without notice, moved - That Standing Orders

                    be so far suspended as to enable him to introduce a Bill, without notice, forthwith.

                Question put and passed, without a negative voice, there being present an absolute majority

                    of the whole number of Members of the House.

 

                Parliamentary Superannuation (Miscellaneous) Amendment Bill

                The Minister moved - That he have leave to introduce a Bill for an Act to amend the

                    Parliamentary Superannuation Act 1974.

                Question put and passed.

 

                Bill presented and read a first time.

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

                Ordered, on motion of Mr S.J.Baker, that the debate be adjourned until tomorrow.

 

22           Workers Rehabilitation and Compensation (Miscellaneous) Amendment Bill

                Ordered - That the further consideration in Committee of the Workers Rehabilitation and

                    Compensation (Miscellaneous) Amendment Bill be now resumed.

 

 

 

 

 

                                                                                                     382

 

 

                                                                                            In Committee

                                            Clause No.4 further considered, amended and agreed to.

                                            Clause No.5 read.

                Mr Ingerson moved on page 2, line 17 after the words "motor vehicle", to insert

                    the words "or any other form of transport".

                Question put and negatived.

                                            Clause agreed to.

                                            Clause No.6 read.

                Mr Ingerson moved on page 2, after line 21, to insert new paragraphs as follow:

                (ab)        by striking out paragraphs (a) and (b) of subsection (1) and substituting the

                the following paragraphs:

                               (a) if the period of incapacity for work does not exceed three months -

                                    (i)    the worker is, if totally incapacitated for work, entitled for the

                                            period of incapacity to weekly payments equal to the worker's notional

                                            weekly earnings;

                                    (ii)         the worker is, if partially incapacitated for work, entitled for the

                                            period of incapacity to weekly payments equal to the difference

                                            between the worker's notional weekly earnings and the weekly earnings

                                            that the worker is earning or could earn in suitable employment;

                               (b)   if the period of incapacity for work exceeds three months but does not exceed

                                    one year, the worker is entitled to weekly payments determined in accordance with paragraph (a) for the first three months of the period of incapacity and thereafter -

                                    (i)    the worker is, if totally incapacitated for work, entitled for the period

                                            of incapacity to weekly payments equal to 85 per cent of the worker's

                                            notional weekly earnings;

                                    (ii)         the worker is, if partially incapacitated for work, entitled for the period of incapacity to weekly payments equal to 85 per cent of the difference between the worker's notional weekly earnings and the weekly earnings that the worker is earning or could earn in suitable employment;

                              (c) if the period of incapacity for work exceeds one year, the worker is entitled to weekly payments determined in accordance with paragraphs (a) and (b) for the first year of the period of incapacity and thereafter -

                                    (i)    the worker is, if totally incapacitated for work, entitled for the period of incapacity for work to weekly payments equal to 75 per cent of the worker's notional weekly earnings;

                                    (ii)         the worker is, if partially incapacitated for work, entitled for the period of incapacity to weekly payments equal to 75 per cent of the difference between the worker's notional weekly earnings and the weekly earnings that the worker is earning or could earn in suitable employment.

                Question put and negatived.

                Mr Ingerson moved on page 2, after line 21, to insert new paragraphs as follow:

                (ac)   by striking out subsection (2) and substituting the following subsection:

                          (2) For the purposes of subsection (1) -

                               (a) the following factors will be considered, and given such weight as may be fair

                               and reasonable, in assessing what employment is suitable for a partially incapacitated worker:

                                    (i) the nature and extent of the worker's disability;

                                    (ii)   the worker's age, level of education and skills;

                                    (iii)  the worker's experience in employment;

                                    and

                                    (iv)  the worker's ability to adapt to new employment;

 

 

 

 

                                                                                                     383

 

 

                               (b) until the period of incapacity for work extends beyond a period of two years, a partially incapacitated worker will be taken to be totally incapacitated unless the Corporation establishes that suitable employment for which the worker is fit is reasonably available to the worker;

                               and

                               (c) if the period of incapacity for work extends beyond a period of two years, an

                               assessment of what a partially incapacitated worker could earn in suitable employment after the end of the second year of incapacity will be made on the basis that such employment is available to the worker except where the worker

                               establishes -

                                    (i) that the worker is in effect unemployable because employment of the

                                         relevant kind is not commonly available for a person in the worker's

                                         circumstances (irrespective of the state of the labour market);

                                    (ii)   that the worker has been actively seeking, and continues actively to seek,

                                         employment;

                                    and

                                    (iii)  that the worker has participated and (where applicable) continues to

                                         participate, to a reasonable extent, in appropriate rehabilitation

                                         programmes, provided for the benefit of the worker,

                                    in which case the worker will be taken to be totally incapacitated unless the Corporation establishes that suitable employment for which the worker is fit is reasonably available to the worker.

                Question put.

                Committee divided (No.2):

               Ayes,19.

            Hon. H. Allison

            Hon. P.B. Arnold

            Mr D.S. Baker

            Mr S.J. Baker

            Mr Becker

            Mr Blacker

            Mr Brindal

            Hon. J.L. Cashmore

            Hon. B.C. Eastick

            Mr Gunn

            Mrs Kotz

            Mr Lewis

            Mr Matthew

            Mr Meier

            Mr Oswald

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Mr Ingerson (Teller)

       Noes, 21.

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr Ferguson

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

                So it passed in the negative.

                                                      Clause agreed to.

                                                      Clause No.7 read.

 

 

 

                                                                                                     384

 

                Mr Ingerson moved on page 3, lines 1 to 5, to leave out subsection (4b) and insert in lieu

                    thereof subsection as follows:

                    (4b)   A Review Officer cannot make an order under subsection (4a) if -

                               (a) the adjournment is at the request of the worker (or his or her representative);

                               or

                               (b)   the adjournment is required because a Review Officer has insufficient time to proceed with, or to conclude, the hearing at that time.

                Question put and negatived.

                                                      Clause otherwise amended and agreed to.

                                                      Clause No.8 agreed to.

                                                      Clause No.9 amended and agreed to.

                                                      Clauses Nos 10 to 12 agreed to.

                Mr Ingerson moved on page 6, after line 43, to insert new clause as follows:

                    12a. Section 65 of the principal Act is amended by striking out from subsection (1) the definition of "remuneration" and substituting the following definition:

                          "remuneration" includes payments made to or for the benefit of a worker which determination of the Corporation constitute remuneration but does not include -

                          (a)    any contribution paid or payable by an employer to a superannuation scheme for the benefit of a worker;

                          (b)   any amount paid or payable to a worker as severance, retrenchment or redundancy pay on the termination of employment, except to the extent (if any) that the amount is attributable to unpaid wages, or to any annual leave or long service leave entitlement;

                          or

                          (c)    any other amounts determined by the Corporation not to constitute remuneration.

                Question put and negatived.

                To report progress and ask leave to sit again.

 

                                                                                                                         

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the Bill referred to it, had madeprogress therein and asked leave to sit again.

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

 

23           Extension of time for adjournment

                The Minister of Labour moved - That the time for moving the adjournment of the House

                    be extended beyond 10.00 p.m.

                Question put and passed.

 

24           Message from the Legislative Council

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

 

                University of South Australia (Council Membership)

                    Amendment Bill                                                                                              Message No.96

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the University of South Australia Act 1990, without any amendment.

                Legislative Council, 8 April 1992                                                                    G.L. Bruce, PRESIDENT

 

25           Workers Rehabilitation and Compensation (Miscellaneous) Amendment Bill

                Ordered - That the further consideration in Committee of the Workers Rehabilitation and

                    Compensation (Miscellaneous) Amendment Bill be now resumed.

                                                                                            In Committee

                                                        Clause No. 13 left out.

                                                        Clause No. 14 agreed to.

                                                        New Clause No. 14a inserted.

 

 

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                Mr Ingerson moved on page 7, after line 15, to insert new Clause No. 14b as follows:

                    14b Medical examination at request of employer.  Section 108 of the principal Act is amended -

                                  (a)  by inserting after subsection (3) the following subsection:

                                            (3a) A report must be prepared on the outcome of the examination

                                            and the Corporation must send copies of the report to the employer and the worker;

                                  (b)  by inserting "or a report prepared" after "examined" in subsection (4);

                                  and

                                  (c)  by inserting "or the preparation of the report" after "examination" in subsection (4).

                Question put and negatived.

                                                        Clauses Nos 15 and 16 agreed to.

                                                        Title agreed.

                                      

                                                                                                                       

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had further considered the Bill referred

                    to it and had agreed to the same with amendments.

 

                The Minister of Labour moved - That this Bill be now read a third time.

                Debate ensued.

                Question put and passed.

 

                Bill read a third time and passed.

 

26           Real Property (Transfer of Allotments) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the Real Property

                    (Transfer of Allotments) Amendment Bill be now read a second time.

                Debate resumed.

                Ordered, on motion of Mr S.J. Baker, that the debate be further adjourned until tomorrow.

 

27           Adjournment

                House adjourned at 11.20 p.m. until tomorrow at 10.30 a.m.

 

                                                                                                                        

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Thursday 9 April 1992

                Notices of Motion: Other Motions -

 

Hon. D.C. Wotton to move - That this House congratulates and expresses its support to the City of

                Salisbury on their integration of stormwater management and urban open space design in such projects as the Para Hills Paddocks and the Greenfields Wetlands which have environmentally enhanced the City of Salisbury and this State.

 

Mr Lewis to move - That this House opposes the continued inclusion of -

                (a)     alcoholic beverages and tobacco products; and

                (b)     imported goods which are otherwise produced and/or manufactured in Australia,

                in any price index used for the determination of adjustments to welfare payments; and further, opposes any proposal to include the per capita outlay on gambling in that index.

 

                                                                                                                         

 

                                                                                                     386

 

 

                Present during the day - All the Members.

 

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

 

                Division No.1 -        

                Ayes - Mr Meier.

                Noes - Mr Quirke.

 

                Division No.2 -

                Ayes - Dr Armitage, Mr S.G. Evans.

                Noes - Hon. L.M.F.Arnold, Mr Quirke.

 

 

 

 

                                                                                                                                                N.T. Peterson

                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY