No 51

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 14 APRIL 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2       International Women’s Day – Recognition of Women’s Achievements - Motion re

Mrs Hall, pursuant to notice, moved - That this House acknowledges the importance of International Women's Day 2005, held on Tuesday 8th March, and notes its significance in

(a)           recognising the achievements of women and their contribution to the community; and

(b)           furthering the objective of improving the status of women throughout the world.

         Ordered, on motion of Ms Thompson, that the debate be adjourned until Thursday 5 May.

 

3       Graduate Certificate Program in Energy Management - Motion re

Mr O’Brien, pursuant to notice, moved - That this House supports the initiative of the University of South Australia, the South Australia Government, Business SA and Energy SA on the introduction of the Graduate Certificate Program in Energy Management.

         Debate ensued.

         Ordered, on motion of Mr Goldsworthy, that the debate be adjourned until Thursday 5 May.

 

4       Men’s Health Task Force - Motion re

Mr Caica, pursuant to notice, moved - That this House congratulates the State Government on the announcement of a Men's Health Task Force and in particular, notes that the Task Force will assist health services to develop a greater focus on men's health and help men access health services earlier.

         Ordered, on motion of Mr Goldsworthy, that the debate be adjourned until Thursday 5 May.

 

5       60th Anniversary of the end of World War Two - Motion re

The Premier (Hon M D Rann), pursuant to notice, moved - That this House, in commemorating the 60th anniversary of the end of World War Two and the end of the genocide of the Holocaust and the liberation of the death camps in Europe, declares its condemnation of anti-Semitism and all other forms of racism and

(a)           notes and endorses the resolutions on anti-Semitism presented in the Commonwealth House of Representatives on 16 February 2004 and in the Senate on 22 March 2004, and similar resolutions made in the State Parliaments of Victoria and New South Wales, particularly noting the long history of anti-Semitism and its evil potential to influence people to express hatred and carry out violence against the Jewish people;

(b)           recognises South Australia's history as a free colony established as a society with religious liberty which includes, a Capital renowned as a city of churches, the home of Australia's first Islamic Mosque in Maree and the arrival of the first Jewish settlers in South Australia in the State’s first year of settlement, some 168 years ago;

(c)           recognises South Australia’s long commitment to multicultural and multi-faith harmony with about one hundred different religious faiths and a cultural heritage from some one hundred and sixty different nations among all its citizens;

(d)           reaffirms its opposition to all forms of racial and ethnic hatred, persecution and discrimination on ethnic or religious grounds, whenever and wherever it occurs;

(e)           expresses its unequivocal condemnation of violence directed against individuals, religious and cultural institutions;

(f)             resolves to condemn all manifestations of racism and religious vilification in South Australia as a threat to the freedoms that all citizens in this State should enjoy equally in a democratic society, and commits the Parliament to take all possible actions to combat this threat to our peaceful and diverse society;

(g)           resolves to encourage South Australian community group leaders to use their influence to oppose and counter racism and religious vilification, and to promote all possible efforts of fostering tolerance, respect and community harmony; and

(h)           recognises the social, cultural and economic benefits to all South Australians provided by this State's multicultural and multi-faith society.

         Debate ensued.

         Question put and passed.

 

6       Postponement of business

Ordered - That Order of the Day: Other Motions No 1 be postponed until Thursday 5 May.

 

7       Kyoto Protocol Motion re

Order of the Day read for the adjourned debate on the motion of Mr Caica That this House calls on the Federal Government to ratify the Kyoto Protocol which comes into effect on 16 February 2005.

         Debate resumed.

         Question put and passed.

 

8       Postponement of business

Ordered - That Order of the Day: Other Motions No 3 be postponed until Thursday 5 May.

 

9       Olympic Dam Project Expansion - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Williams – That this House acknowledges the recent expansion announcements by Western Mining Corporation and congratulates the former Tonkin Liberal Government, supported by the former Labor Legislative Councillor, Hon Norm Foster MLC, for their strong support for the Olympic Dam project and the long term economic benefit to this State despite intense rejection at the time by the Labor Party Opposition, which was coordinated by a senior advisor who is now the current Premier.

Which Mr Snelling has moved to amend by deleting all words after “congratulates” and insert “the Rann Labor Government for its strong support and active efforts to work with Western Mining Company to expand the Olympic Dam Mine.”

         Debate resumed.

         Ordered, on motion of Mr Meier, that the debate be further adjourned until Thursday 5 May.

 

10      Petition No 68

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

68   Mr Hamilton-Smith, from 211 members of the South Australian Community, requesting the House to urge the State and Federal Governments to adequately fund the Adelaide Symphony Orchestra at its existing size and activity level.

 

11      Papers

         The following Papers were tabled:

 

By the Minister for Transport (Hon P F Conlon) –

Transport and Urban Planning, Department of – Report 2003-04 – Addendum

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Senior Secondary Assessment Board of South Australia – Report 2004

      Teachers Registration Board – Report 2004.

 

12      Questions

Questions without notice were asked.

 

13      Grievance debate

On motion of the Speaker, the House noted grievances.

 

14      Next day of sitting

The Minister for Infrastructure, moved – That the House at its rising adjourn until 2.00 pm on Tuesday 3 May at the Sir Robert Helpmann Theatre Mount Gambier and that the House also sit at Mount Gambier on Wednesday 4 and Thursday 5 May.

Debate ensued.

Question put.

 

         House divided (No 1):

 

           Ayes, 34

           Noes, 7

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Goldsworthy

Ms Breuer

Hon W A Matthew

Mr Brokenshire

Mrs Redmond

Hon D C Brown

Mr Venning

Hon M R Buckby

Mr Williams

Mr Caica

Mr Hanna (Teller)

Ms Chapman

 

Ms Ciccarello

 

Hon K O Foley

 

Mrs Geraghty

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon R G Kerin

 

Hon S W Key

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A  Maywald

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

         Suspension of Standing Orders – Regional Sitting – Messages to and from the Legislative Council

The Minister for Infrastructure, without notice, moved - That Standing Orders be so far suspended as to enable Messages to be delivered to and received from the Legislative Council by the Clerk by alternative means during the sitting of the House at Mt Gambier from 3 to 5 May.

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

 

The Minister for Infrastructure moved - That a Message be sent to the Legislative Council drawing attention to the foregoing resolution and requesting it to make reciprocal arrangements.

Question put and passed.

 

 

 

         Suspension of Standing Orders – Regional Sitting – Message from Governor

The Minister for Infrastructure, without notice, moved - That Standing Orders be so far suspended as to enable Messages from the Governor to be received by the Clerk by alternative means during the sittings of the House at Mt Gambier from 3 to 5 May.

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

 

15      Postponement of business

Ordered, severely - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

16      Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) 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.

 

17      Extension of time for adjournment

Ordered, on motion of the Attorney-General (Hon M J Atkinson), that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

18      Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) Amendment Bill

Debate (interrupted by the foregoing), resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

19      Road Traffic (Excessive Speed) Amendment Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

20      Messages from the Legislative Council

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

 

         National Electricity (South Australia) (New National Electricity Law) Amendment Bill

                                                                                                                        Message No 40

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the National Electricity (South Australia) Act 1996, without any amendment.

         Legislative Council, 14 April 2005                                                   R R Roberts, PRESIDENT

 

         Anzac Day Commemoration Bill                                                             Message No 41

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to continue and enhance the commemoration of ANZAC Day as a day of national significance; to make related amendments to the Lottery and Gaming Act 1936; and for other purposes, without any amendment.

         Legislative Council, 14 April 2005                                                   R R Roberts, PRESIDENT

 

 

 

         Statutes Amendment and Repeal (Aggravated Offences) Bill                 Message No 42

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Juries Act 1927, the Summary Offences Act 1953 and the Summary Procedures Act 1921; and to repeal the Kidnapping Act 1960, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 14 April 2005                                                   R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 6, page 6, after line 42—

Insert:

             (2)     Section 19—after subsection (3) insert:

                           (4)     In this section—

harm, in relation to a person, has the same meaning as in section 21.

 

Amendment No 2

Clause 10, (new section 20), page 8, lines 11 to 13 —

Delete subsection (2) and substitute:

             (2)     However—

                            (a)     conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life cannot amount to an assault; and

                            (b)     conduct that is justified or excused by law cannot amount to an assault.

 

Amendment No 3

Clause 10, (new section 21), page 9, lines 15 to 22—

Delete the definition of serious harm and substitute:

serious harm means—

             (a)     harm that endangers a person's life; or

              (b)     harm that consists of, or results in, serious and protracted impairment of a physical or mental function; or

             (c)     harm that consists of, or results in, serious disfigurement.

 

Amendment No 4

Clause 10, (new section 22), page 9, line 27—

After "A" insert:

lawful

 

Amendment No 5

Clause 10 (new section 23), page 11, lines 35 to 42, page 12, lines 1 to 5—

Delete subsections (4) and (5)

 

Amendment No 6

Clause 10, (new section 25), page 12, line 21—

Delete "reasonably"

 

Amendment No 7

Clause 13 (Heading to Division 9), page 13, line 21—

After "Kidnapping" insert:

and unlawful child removal

 

Amendment No 8

Clause 13, page 12, after line 21—

Insert:

38—Interpretation

In this Division—

child means a person under the age of 18 years;

detain—detention is not limited to forcible restraint but extends to any means by which a person gets another to remain in a particular place or with a particular person or persons;

take—a person takes another if the person compels, entices or persuades the other to accompany him or her or a third person.

 

Amendment No 9

Clause 13 (new section 39(3), (4) and (5)), page 14, lines 2 to 23—

Delete subsections (3), (4) and (5)

 

Amendment No 10

Clause 13, page 14, after line 23—

Insert:

40—Unlawful removal of a child from jurisdiction

              (1)     A person who wrongfully takes or sends a child out of the jurisdiction is guilty of an offence.

Maximum penalty:

                           (a)     for a basic offence—imprisonment for 15 years;

                           (b)     for an aggravated offence—imprisonment for 19 years.

             (2)     For the purposes of subsection (1), a person acts wrongfully if—

                            (a)     the person acts in the knowledge that a person who has the lawful custody of the child (either alone or jointly with someone else) does not consent to the child being taken or sent out of the jurisdiction; and

Note—

As a general rule, the parents of a child have joint custody of the child (see Guardianship of Infants Act 1940, section 4).

                           (b)     there is no judicial or statutory authority for the person's act.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for Tuesday 3 May.

 

         Delivery of Messages and Bills                                                               Message No 43

MR SPEAKER - The Legislative Council, in reply to Message No 58 from the House of Assembly, has made reciprocal arrangements in respect of Messages and Bills to be delivered to and received from the House of Assembly during the sitting of the House of Assembly at Mount Gambier from 3 to 5 May 2005.

         Legislative Council, 14 April 2005                                                   R R Roberts, PRESIDENT

 

         Acts Interpretation (Miscellaneous) Amendment Bill                              Message No 44

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Acts Interpretation Act 1915: and to make related amendments to the Subordinate Legislation Act 1978, without any amendment.

         Legislative Council, 14 April 2005                                                   R R Roberts, PRESIDENT

 

21      Adjournment

House adjourned at 5.52 pm until Tuesday 3 May at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 4 May

 

Notice of Motion: Private Members Business Bills/ Committees/ Regulations -

 

Mrs Redmond to move That this House establish a Select Committee to examine and report upon the work relationship between Members of Parliament and the paid staff of the Parliament, given the unique position of the Parliament with respect to employment of staff, and report back by 30 November 2005, and in particular –

(a)           investigate mechanisms by which appropriate behaviour should be managed within the Parliament and make such recommendations as to legislative changes as it thinks necessary or appropriate;

(b)           specifically investigate recently publicised allegations of an assault allegedly perpetrated by a Member of Parliament against a member of staff;

(c)           that in reporting back, the Committee be empowered to consider and respect the wishes of the employee allegedly involved in the assault regarding the desire for anonymity, but that no such protection be afforded to any Member of Parliament in the event that the Committee finds that an assault did occur;

(d)           that the Committee report back by the end of May 2005 in respect to the specific assault allegations referred to in (b) and (c) above; and

(e)           that the Committee comprise of the Member for Heysen, the Member for Mitchell and a Member to be nominated by the Government.

 

            For Wednesday 25 May

 

Notice of Motion: Private Members Business Bills/ Committees/ Regulations -

 

Mr Brindal to move That he have leave to introduce a Bill for an Act to make provision with respect to certain relationships; and for other purposes.

 

            For Thursday 26 May

 

Notice of Motion: Other Motion -

 

Mr Venning to move – That this House regrets the demise of the Barossa wine train and urges that the Government to retain the Bluebird rail cars in South Australia and provide support to a private investor to recommence it as a wine tourist train.

 

 

____________

 

 

Present during the day - All Members except the Minister for Environment and Conservation (Hon J D Hill), Minister for Agriculture, Food and Fisheries (Hon R J McEwen), Hon D C Kotz, Hon I F Evans (L).

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY