No 51

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 26 MAY 2004

 

 

1       Meeting of House

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

 

2       Papers

         The following Papers were tabled:

 

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

      Education and Children's Services, Department of – Report 2003

      Senior Secondary Assessment Board of South Australia – Report 2003

      Teachers Registration Board of South Australia – Report 2003

      Ministerial Statement – Business Enterprise Centres.

 

3       Legislative Review Committee – Twenty-First Report

Mr Hanna brought up the 21st  Report of the Committee.

Report received.

 

4       Questions

Questions without notice were asked.

 

5       Privileges Committee - Leave to sit

The Minister for Education and Children’s Services, by leave, moved - That the Privileges Committee have leave to sit during the sitting of the House today.

Question put and passed.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 and 3 be postponed until Wednesday 2 June.

 

8       Plumbers, Gas Fitters and Electricians Act 1995 – Regulations – Exemptions - Motion to disallow

Mr Hanna, pursuant to notice, moved - That the Regulations made under the Plumbers, Gas Fitters and Electricians Act 1995 entitled Exemptions, made on 18 December 2003 and laid on the Table of this House on 17 February 2004, be disallowed.

         Question put and passed.

 

9       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 5 be postponed until Wednesday 2 June.

 

 

10      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 6 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 13.

 

11      Postponement of business

Ordered separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 7 to 12 be postponed until Wednesday 2 June.

 

12      Public Works Committee - Report – Modifications to the River Murray Lock and Weir 9 - Motion to note

Mr Caica, pursuant to notice, moved - That the Two Hundred and Fourth Report of the Public Works Committee relating to Modifications to the River Murray Lock and Weir 9 be noted.

Debated ensued.

Question put and passed.

 

13      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 6 be postponed until Wednesday 2 June.

 

14      Occupational Safety, Rehabilitation and Compensation Committee - Report – Statutes Amendment (WorkCover Governance Reform) Bill - Motion to note

Mr Caica, pursuant to notice, moved - That the Sixth Report of the Occupational Safety, Rehabilitation and Compensation Committee relating to the Statutes Amendment (WorkCover Governance Reform) Bill be noted.

Ordered, on the motion of Hon I F Evans, that the debate be adjourned until Wednesday 2 June.

 

15      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 15 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 17.

 

16      Criminal Cases Review Commission – Referral to Legislative Review Committee - Motion re

Hon D C Kotz, pursuant to notice, moved - That this House calls on the Legislative Review Committee to examine and report upon the establishment of a Criminal Cases Review Commission in South Australia to examine suspected wrongful convictions, miscarriages of justice and other issues in the Criminal Justice System and in particular, make recommendations on the following

(a)           the Commission’s terms of reference;

(b)           the relationship of the Commission to the Supreme Court and Executive Government;.

(c)           the powers of the Commission and its membership;

(d)           the criteria for cases to be examined by the Commission;

(e)           whether the Commission should be empowered to examine and make recommendations in relation to crimes where there was no prosecution or conviction;

(f)             resourcing issues; and

(g)           any other relevant matter.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 2 June.

 

17      Social Development Committee - Report - Obesity - Motion to note

Mr Snelling, pursuant to notice, moved - That the Nineteenth Report of the Social Development Committee on Obesity be noted.

Ordered, on the motion of Mr Meier, that the debate be adjourned until Wednesday 2 June.

 

18      Reproductive Technology (Clinical Practices) (Prohibition of Publication of Certain Material) Amendment Bill

Mr Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Reproductive Technology (Clinical Practices) Act 1988.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 2 June.

 

19      Statutes Amendment (Misuse of Motor Vehicles) Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961 and the Summary Offences Act 1953.

Question put and passed.

         Bill presented and read a first time.

 

         Hon R B Such moved - That this Bill be now read a second time.

         Ordered, on motion of Hon I F Evans, that the debate be adjourned until Wednesday 2 June.

 

20      Public Works Committee - Report – Public Capital Works Consultancies - Motion to note

Mr Caica, pursuant to notice, moved - That the Two Hundred and Fifth Report of the Public Works Committee on Public Capital Works Consultancies be noted.

Debated ensued.

Question put and passed.

 

21      Public Works Committee - Report – Mobilong Prison – Independent Living Unit - Motion to note

Mr Caica, pursuant to notice, moved - That the Two Hundred and Sixth Report of the Public Works Committee on the Mobilong Prison – Independent Living Unit be noted.

Debated ensued.

Question put and passed.

 

22      Public Works Committee - Report – SOHO Joint Venture Development – Technology Park - Motion to note

Mr Caica, pursuant to notice, moved - That the Two Hundred and Seventh Report of the Public Works Committee on the SOHO Joint Venture Development – Technology Park be noted.

Debated ensued.

Question put and passed.

 

23      Constitution (Oath of Allegiance) Amendment Bill

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

 

In Committee

Minister for Education and Children’s Services’ amendment to clause No 4 further considered.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had 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 Wednesday 30 June.

 

24      Fire and Emergency Services Bill

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

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Ms Chapman, that the debate be adjourned until tomorrow.

 

25      Emergency Management Bill

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

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Ms Chapman, that the debate be adjourned until tomorrow.

 

26      Message from the Legislative Council

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

 

         Dog and Cat Management (Miscellaneous) Amendment Bill                  Message No 62

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Dog and Cat Management Act 1995; with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 25 May 2004                                                    R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No. 1.    Clause 13, (new section 21A(4)), page 7, lines 32 to 34—

Delete subsection (4) and substitute:

(4)      Accreditation of a dog remains in force for the life of the dog unless it is earlier revoked by the Board or surrendered by the owner of the dog.

 

No. 2.    Clause 13, (new section 21A), page 7, after line 38—

Insert:

(6)      The Board may only revoke the accreditation of a dog if the Board is satisfied that—

(a)       the dog's ill-health, injury or advanced age prevents the dog from carrying out its functions as a disability dog, guide dog or hearing dog (as the case may be); or

(b)       the dog is temperamentally unsuitable to continue to be accredited as a disability dog, guide dog or hearing dog (as the case may be); or

(c)       the owner of the dog is unable to maintain effective control of the dog (whether by command or by means of physical restraint).

 

No. 3.    Clause 16, page 8, line 17—

Delete "Board" and substitute: Minister

 

No. 4.    Clause 19, (new section 31A), page 9, lines 30 to 39 and page 10, lines 1 to 6—

Delete new section 31A and substitute:

31A—Medical practitioner must notify Board of certain injuries resulting from dog attacks

 

(1)  A registered medical practitioner who treats a victim of a dog attack for physical injury must, if of the opinion that the injury is one that should, because of the nature of the injury, be brought to the attention of the Board, notify the Board of the injury and the circumstances surrounding the injury.

(2)  The Board must include a report of information received under this section in its annual report.

 

No. 5.    Clause 23, page 11, lines 15 and 16—

Delete these lines

 

No. 6.    Clause 28 (new section 44(3)(b)), page 13, lines 30 and 31—

Delete paragraph (b)

 

No. 7.    Clause 28, (new section 45(1)), lines 2 and 3—

Delete ", while being transported in a vehicle, is not restrained in accordance with the regulations," and substitute:

is not physically restrained while being transported in the open tray of a utility, truck or other similar vehicle,

 

No. 8.    Clause 28, (new section 45), lines 11 to 14—

Delete subclause (3) and substitute:

(3)      For the purposes of this section, a dog is physically restrained while being transported in the open tray of a utility, truck or other similar vehicle if—

(a) the dog is being transported within a cage or other like enclosure; or

(b)  the dog is securely tethered to the vehicle so that the dog cannot fall or escape from the vehicle.

(4)      This section does not apply to the transport of—

(a) an accredited guide dog; or

(b)  a dog that is being used in the droving or tending of stock or is going to or returning from a place where it will be, or has been, so used.

 

No. 9.    Clause 41, page 24—

Delete clause 41

 

No. 10. Clause 45, page 27, after line 4—

Insert:

3A—Renewal of registration

Despite section 36(2), if an application for renewal of registration that expires on 30 June 2004 is made after the commencement of this clause but before 30 November 2004, the renewal operates retrospectively from 30 June 2004.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments be agreed to.

 

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

27      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and resumed on motion.

 

28      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

29      Statutes Amendment (Co-managed Parks) Bill

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

 

 

 

In Committee

Clause No 2 further considered and agreed to.

Clause No 3 agreed to.

Clause No 4 amended and agreed to.

Clauses Nos 5 to 30 agreed to.

New Clause No 30A inserted.

Clauses No 31 to 33 agreed to.

 

The Minister for Environment moved on page 20, after line 6, to insert new clause as follows—

33A—Amendment of section 69—Permits

(1)    Section 69—delete "Minister" wherever occurring and substitute:

relevant authority

(2)    Section 69(2a)—delete "Minister's" and substitute:

relevant authority's

(3)    Section 69—after subsection (7) insert:

(8)   In this section—

relevant authority means—

(a)         in relation to a permit issued by, or to be issued by, a co-management board for a co-managed park constituted of Aboriginal-owned land—the co-management board for the park; or

(b)         in any other case—the Minister.

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Clause No 34 agreed to.

Clause No 35 left out.

 

The Minister for Environment and Conservation, moved – That Clause No 25 be reconsidered.

Question put and passed.

 

Clause No 25 reconsidered, amended and agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

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

 

The Minister for Environment and Conservation moved – That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

30      Health and Community Services Complaints Bill

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

 

In Committee

Resolved – That Amendment No 1 be agreed to.

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 Amendments Nos 6 to 8 be agreed to.

Resolved – That Amendment No 9 be disagreed to.

Resolved – That Amendments Nos 10 to 12 be agreed to.

 

The Minister for Health moved – That Amendments Nos 13 to 16 be disagreed to.

Debate ensued.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Amendments of the Legislative Council, had made progress therein and asked leave to sit again.

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

 

31      Extension of time for adjournment

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

 

32      Message from the Legislative Council

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

 

         Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill

                                                                                                                        Message No 63

MR SPEAKER - The Legislative Council insists on its amendments in the Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 25 May 2004                                                    R R Roberts, PRESIDENT

 

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved - That the disagreement to Amendments Nos 1 and 2 be not insisted on.

Resolved – That the disagreement to Amendment No 3 be insisted on.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Message referred to it and had resolved to not insist on its disagreement to Amendments Nos 1 and 2 and to insist on its disagreement to Amendment No 3.

 

Conference – Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill

The Attorney-General, moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Ms Chapman, Mr Rau, Mrs Redmond, Ms Thompson and the mover be Managers of the Conference on the part of this House.

Question put and passed.

 

33      Message from the Legislative Council

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

 

         Gaming Machine (Extension of Freeze) Amendment Bill                       Message No 64

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Gaming Machines Act 1992, without amendment.

         Legislative Council, 26 May 2004                                                    R R Roberts, PRESIDENT

 

 

 

34      Health and Community Services Complaints Bill

Ordered - That the further consideration in Committee of the amendments of the Legislative Council in this Bill be now resumed.

 

In Committee

Resolved – That Amendments Nos 13 to 16 be disagreed to.

Resolved – That Amendment No 17 agreed to.

Resolved – That Amendments No 18 to 21 disagreed to.

Resolved – That Amendment No 22 agreed to.

Resolved – That Amendment No 23 be disagreed to.

Resolved – That Amendment No 24 be agreed to.

Resolved – That Amendment No 25 be amended and agreed to.

Resolved – That Amendments Nos 26 to 35 be disagreed to.

Resolved – That Amendment No 36 be agreed to.

Resolved – That Amendments Nos 37 to 42 be disagreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1, 3, 6 to 8, 10 to 12, 17, 22, 24 and 36 without amendment, had agreed to Amendment No 25 with amendment and had disagreed to Amendments Nos 2, 4, 5, 9, 13 to 16, 18 to 21, 23, 26 to 35 and 37 to 42.

 

35      Privileges Committee – Report

         Ordered - That the Report of the Privileges Committee be now brought up.

The Attorney-General brought up the Report and Minutes of Proceedings of the Privileges Committee.

          Report received.

 

          The Attorney-General, proceeding to move - That the Report be noted.

Ordered, by leave, that the motion be adjourned until tomorrow.

 

36      Adjournment

House adjourned at 10.38 pm until tomorrow at 10.30 am

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 27 May 2004

 

Notice of Motion: Government Business –

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Bail Act 1985.

 

            For Wednesday2 June 2004

 

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

 

Hon G M Gunn to move – That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

 

 

____________

 

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY