391

 

 

No.52

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

HOUSE OF ASSEMBLY

 

___________

 

 

WEDNESDAY 3 APRIL 1991

 

 

1 Meeting of House

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

 

2 Message from the Governor

The following Message from the Governor was received and read:

 

Assent to Bills Message No. 31

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

No. 6 of 1991 ‑ An Act to provide for the registration of chiropractors and to regulate the practice of chiropractic; to repeal the Chiropractors Act 1979; and for other purposes.

No. 7 of 1991 ‑ An Act to amend the Irrigation Act 1930; the Local Government Act 1934; the Pollution of Waters by Oil and Noxious Substances Act 1987; the Public and Environmental Health Act 1987; and the Waterworks Act 1932.

No. 8 of 1991 ‑ An Act to amend the Royal Commission Act 1917.

No. 9 of 1991 ‑ An Act to amend the State Bank of South Australia Act 1983.

No. 10 of 1991 ‑ An Act to amend the Waterworks Act 1932.

No. 11 of 1991 ‑ An Act to provide for the opening and closing of roads; to repeal the Roads (Opening and Closing) Act 1932; to amend the Highways Act, 1926; and for other purposes.

No. 12 of 1991 ‑ An Act to amend the Road Traffic Act 1961 and to make consequential amendments to the Motor Vehicles Act 1959.

Government House, Adelaide, 3 April 1991 R.F. Mitchell, GOVERNOR

 

3 Conference ‑ Freedom of Information Bill (No. 2)

The Minister of Education (Hon. G.J. Crafter) reported as follows:

I have to report that the Managers have been at the Conference of the Freedom of Information Bill, which was managed on the part of the Legislative Council by the Attorney‑General (Hon. C.J. Sumner), Hon. M.J. Elliott, Hon. K.T. Griffin, Hon. R.J. Lucas and Hon. C.A. Pickles 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 ‑


392

 

As to Amendment No. 1

That the Legislative Council no longer insist on this amendment but makes the following amendment in lieu thereof:‑

Clause 2, page 1, line 15 ‑ Leave out "on a day to be fixed by proclamation" and substitute "on 1 January 1992".

And that the House of Assembly agree thereto.

 

As to Amendment No. 2

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

 

As to Amendment No. 3

That the Legislative Council amend its amendment by leaving out "inexpensively" and substituting "efficiently".

And that the House of Assembly agree thereto.

 

As to Amendments Nos 4 to 9

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

 

As to Amendment No. 10

That the Legislative Council do not further insist on its amendment but makes the following consequential amendment in lieu thereof:‑

Clause 20, page 10, lines 1 and 2 ‑ Leave out "before the commencement of this section" and substitute "before 1 January, 1987".

And that the House of Assembly agree thereto.

 

As to Amendment No. 11

That the Legislative Council amend its amendment by leaving out "council,". And that the House of Assembly agree thereto.

 

As to Amendment No. 12

That the Legislative Council do not further insist on its amendment.

 

As to Amendment No. 13

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

 

As to Amendment No. 14

That the Legislative Council do not further insist on its amendment.

 

As to Amendment No. 15

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

 

As to Amendments Nos 16 and 17

That the Legislative Council do not further insist on its amendments.

 

As to Amendment No. 18

That the Legislative Council do not further insist on its amendment but make the following amendments in lieu thereof:‑

Clause 17, page 8, line 16 ‑ Leave out "such amount" and substitute "such reasonable amount".

Line 20 ‑ Leave out "such amount" and substitute "such reasonable amount".


393

 

As to Amendment No. 19

That the Legislative Council do not further insist on its amendment.

 

As to Amendments Nos 20 to 22

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

 

As to Amendments Nos 23 to 27

That the Legislative Council do not further insist on its amendments.

 

As to Amendment No. 28

That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:‑

Clause 21, page 10, after line 30 ‑ Insert subclauses as follow:‑

"(2) Access to a document to which subsection (1)(a) applies may not be deferred beyond the time the document is required by law to be published.

(3) Access to a document to which subsection (1)(b) or (c) applies may not be deferred for more than a reasonable time after the date of its preparation."

And that the House of Assembly agree thereto.

 

As to Amendment No. 29

That the Legislative Council do not further insists on its amendment.

 

As to Amendments Nos 30 to 32

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

 

As to Amendment No. 33

That the Legislative Council amend its amendment by leaving out from proposed new subclause (5) "or any of that person's close relatives" and substituting "or, if there is no personal representative, the closest relative of that person".

And that the House of Assembly agree thereto.

 

As to Amendments Nos 34 and 35

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

 

As to Amendment No. 36

That the Legislative Council do not further insist on its amendment.

 

As to Amendment No. 37

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

 

As to Amendment No. 38

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

 

As to Amendments Nos 39 to 42

That the Legislative Council do not further insist on its amendments.


394

 

As to Amendment No. 43

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

 

As to Amendment No. 44

That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:‑

Clause 43, page 21, lines 5 to 25 ‑ Leave out subclauses (7) to (12) and substitute the following:‑

"(7) A Ministerial certificate the subject of a declaration under this section ceases to have effect at the end of 28 days after the declaration is made under subsection (4)(b) unless, before the end of that period, the Premier gives notice to the agency concerned that the certificate is confirmed.

(8) If the Premier gives such a notice, the Premier must also give a copy of the notice to the appellant and table a further copy in Parliament on the first sitting day after the giving of the notice.

(9) Such a notice must specify the reasons for the Premier's decision to confirm the certificate.

(10) Nothing in this section requires any matter to be included in a notice if its inclusion in the notice would result in the notice being an exempt document.

(11) If a Ministerial certificate ceases to have effect by virtue of this section, the document to which it relates is not to be regarded as a restricted document by virtue of the provision of Part I of schedule 1 specified in the certificate.

(12) If a Ministerial certificate is withdrawn before the end of the period of 28 days referred to in subsection (7), the Minister must, as soon as practicable, serve notice on the appellant, and on the agency concerned, that the certificate is no longer in force."

And that the House of Assembly agree thereto.

 

As to Amendments Nos 45 and 46

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

 

As to Amendment No. 47

That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:‑

Clause 53, page 22 ‑ Leave out the clause and substitute the following new clause:‑

"Fees and Charges

53. (1) The fees and charges payable under this Act must be fixed by the regulations or in accordance with a scale fixed in the regulations.

(2) The regulations ‑

(a) must provide for such waiver or remission of fees as may be necessary to ensure that disadvantaged persons are not prevented from exercising rights under this Act by reason of financial hardship;

(b) must provide for access to documents by Members of Parliament without charge unless the work generated by the application exceeds a threshold stated in the regulations,

and (except as provided above) the fees or charges must reflect the costs incurred by agencies in exercising their functions under this Act.

 


395

 

(3) Where an agency determines a fee or charge it must, at the request of the person required to pay, review the fee or charge and, if it thinks fit, reduce it.

(4) A person dissatisfied with the decision of an agency on an application for review of a fee or charge may apply to the Ombudsman for a further review, and the Ombudsman may, according to his or her determination of what is fair and reasonable in the circumstances of the particular case ‑

(a) waive, confirm or vary the fee or charge;

(b) give directions as to the time for payment of the fee or charge.

(5) A fee or charge may be recovered by an agency as a debt."

And that the House of Assembly agree thereto.

 

As to Amendment No. 48

That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:‑

Clause 54, page 23, lines 13 to 18 ‑ Leave out subclause (1) and substitute the following subclause:‑

"(1) The Minister must ‑

(a) as soon as practicable after 30 June and in any case before 31 October in each year prepare a report on the administration of this Act for the 12 months ending on 30 June;

and

(b) cause a copy of the report to be laid before both Houses of Parliament within six sitting days after preparation of the report is completed."

And that the House of Assembly agree thereto.

 

As to Amendment No. 49

That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:‑

Clause 54, page 23, lines 19 and 20 ‑ Leave out subclause (2) and insert subclause as follows:‑

"(2) The report must ‑

(a) state the number of Ministerial certificates issued under this Act in respect of restricted documents, the nature of the documents to which the certificates related, and the provisions of Schedule 1 by virtue of which the documents were restricted;

and

(b) contain such other information as the Minister considers appropriate to include in the report."

And that the House of Assembly agree thereto.

 

As to Amendment No. 50

That the Legislative Council do not further insist on its amendment.

 

As to Amendment No. 51

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

 

As to Amendment No. 52

That the Legislative Council do not further insist on its amendment.

 


396

 

As to Amendment No. 53

That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:‑

Page 24, Schedule 1 (clause 1) ‑ In paragraph (f) of subclause (1) insert "specifically" before "prepared".

And that the House of Assembly agree thereto.

 

As to Amendment No. 54

That the Legislative Council do not further insist on its amendment.

 

As to Amendments Nos 55 to 57

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

 

As to Amendments No. 58

That the Legislative Council do not further insist on its amendment.

 

As to Amendment No. 59

That the Legislative Council do not further insist on its amendment but make the following amendment in lieu thereof:‑

Page 25, Schedule 1 (clause 5) ‑ Leave out subparagraph (i) of paragraph (a) of subclause (2) and the word "or" immediately following that subparagraph.

And that the House of Assembly agree thereto.

 

As to Amendments Nos 60 to 62

That the Legislative Council do not further insist on its amendments.

 

As to Amendments Nos 63 to 65

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

 

4 Petitions Nos 103 to 105

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

 

103 The Deputy Premier (Hon. D.J. Hopgood), from 287 residents of South Australia, requesting that the House urge the Government to install traffic lights at the intersection of Beach and Majorca Roads, Hackham West.

 

104 Mr S.J. Baker, from 126 residents of South Australia, requesting that the House urge the Government to undertake a tree planting program in conjunction with the resurfacing of Cross Road.

 

105 Mr Lewis, from 294 residents of South Australia, requesting that the House urge the Government to consider the introduction of Citizen Initiated Referenda.

 

5 Answers to questions

Answers to questions on the Notice Paper Nos 227, 229, 254, 259, 370, 427, 430, 454, 457, 462, 467, 469, 472, 474, 481, 482, 485, 490, 491, 495, 505, 528, 529, 531, 532, 535 to 537, 539, 541, 543, 544, 546 to 549, 571, 572 and 574 and questions without notice were tabled by the Speaker.

 

 

 


397

 

6 Papers

The following Papers were laid on the Table:

 

By the Minister of Agriculture (Hon. L.M.F. Arnold) ‑

Animal and Plant Control Commission ‑ Report 1990.

Veterinary Surgeons Act 1985 ‑ Regulations ‑ Qualifications.

 

By the Minister of Education ‑

Supreme Court Act 1935 ‑ Supreme Court Rules ‑ Experts Reports and Interest Rate.

Judges of the Supreme Court ‑ Report, 1990.

Administration and Probate Act 1919 ‑ Regulations ‑ Fees.

Education Act 1972 ‑ Regulations ‑ Student Accommodation.

 

By the Minister of Transport (Hon. F.T. Blevins) ‑

Metropolitan Taxi‑Cab Act 1956 ‑ Regulations ‑ Fares.

 

By the Minister for Environment and Planning (Hon. S.M. Lenehan) ‑

Native Vegetation Management Act 1985 ‑ Regulation ‑ Development Clearance.

 

By the Minister of Labour (Hon. R.J. Gregory) ‑

Dangerous Substances Act 1979 ‑ Regulations ‑ Autogas Permits.

 

By the Minister of Occupational Health and Safety (Hon. R.J. Gregory) ‑

Occupational Health, Safety and Welfare Act 1986 ‑ Code of Practice for Asbestos Work (Excluding Asbestos Removal).

 

By the Minister of Marine (Hon. R.J. Gregory) ‑

Boating Act 1974 ‑ Regulations ‑ Whyalla Zoning.

Marine Act 1936 ‑ Regulations ‑ Uniform Shipping Code.

 

By the Minister of Employment and Further Education (Hon. M.D. Rann) ‑

Industrial and Commercial Training Act 1981 ‑ Regulations ‑ Engineering Trades.

 

7 Privilege ‑ Speaker's Statement

On the last sitting day I indicated that I would consider a matter of privilege raised by the Leader of the Opposition in which he alleged that the Minister of Employment and Further Education has referred to a trust in which he has an interest and which was contained in the Register of Members Interests.

Section 6 (1) and (2) of the Members of Parliament (Register of Interests) Act 1983 provide, in part, that where a person publishes within Parliament ‑

"(a) any information derived from the Register or a statement prepares pursuant to Section 5 unless that information constitutes a fair and accurate summary of the information contained in the Register or Statement and is published in the public interest;

or

(b) any comment on the facts set forth in the Register or Statement unless that comment is fair and published in the public interest and without malice".

 

 


398

 

The person shall be guilty of contempt of Parliament.

In his subsequent personal explanation the Minister advised the House that he did not know whether the trust was listed in the Leader's Pecuniary Interest Statement and that he has not seen the Leader's Statement.

However, in private discussion with the Minister he has not identified any other published source for the words "Elgin Trust" and accordingly I rule that prima facie the Act has been breached and a contempt of Parliament committed.

The Minister of Employment and Further Education, then made a personal explanation.

I note that in the Leader's complaint he called on the Minister to withdraw immediately and apologise. The Minister certainly did immediately withdraw and has now apologised. I believe that should be the end of the matter.

I also want to say to the House that the timing of the raising of the matter of privilege created a unique situation which needs to be clarified.

I note that Standing Order No. 132 states that matters of privilege "whenever they arise suspend the consideration of the question under consideration" while the pre 1990 Standing Order No. 160 refers to "suddenly arising". In view of our experience on the day in question I intend to refer the Standing Order to the Standing Orders Committee for their consideration.

I indicate that in the meantime I intend to interpret "whenever they arise" in relation to privilege in Standing Order No. 132 as when the alleged offence or breach occurs. If the point is not taken at the time that will not prevent it being taken later but only at a convenient break in the business of the House.

Finally, I make the following suggestion to the House that Members advise me beforehand if they wish to have a call in relation to such matters. To do so may facilitate the Member in whatever he or she may want to do.

 

8 Questions

Questions without notice were asked.

 

9 Limitation of debate

The Deputy Premier moved ‑ That the time allotted for the consideration of the:

Industrial Conciliation and Arbitration (Commonwealth Provisions) Amendment Bill;

Stamp Duties (Concessional Duty and Exemptions) Amendment Bill;

Housing Agreement Bill;

Legal Practitioners (Miscellaneous) Amendment Bill; and

Racing (Sporting Events Betting and Appeals) Amendment Bill,

be until 11.00 p.m. on Thursday 4 April.

 

10 Messages from the Legislative Council:

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

 

Conference ‑ Freedom of Information Bill (No. 2) Message No. 95

MR SPEAKER ‑ The Legislative Council having considered the recommendations from the Conference on the Freedom of Information Bill (No. 2) has agreed to the same. The Bill is returned herewith.

Legislative Council, 21 March 1991 G.L. Bruce, PRESIDENT


399

 

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:

Mr M.J. Evans reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

Native Vegetation Bill Message No. 96

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation; to control the clearance of native vegetation; to repeal the Native Vegetation Management Act 1985; to make consequential amendments to the South Australian Heritage Act 1978; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 21 March 1991 G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No. 1. Page 2 (clause 3) ‑ After line 4 insert definition as follows:‑

'"conciliator" means a person appointed and holding office as a conciliator under Part III Division IA:'

No. 2. Page 2 (clause 3) ‑ After line 8 insert definition as follows:‑

'"isolated plant" ‑ see subsections (2) and (3):'

No. 3. Page 2, lines 13 to 20 (clause 3) ‑ Leave out these lines and insert‑

"including a plant or plants growing in or under waters of the sea but does not include ‑

(a) a plant or part of a plant that is dead unless the plant, or part of the plant, is of a class declared by regulation to be included in this definition;"

No. 4. Page 3 (clause 3) ‑ After line 3 insert subclauses as follow:‑

"(2) A plant will be taken to be an isolated plant if ‑

(a) it is at least one metre in height;

and

(b) there is no other plant comprising native vegetation that is 200 millimetres or more in height within 50 metres of it.

(3) Each plant of a group of two or three plants or of a group of plants that is the subject of a determination by the Council under subsection (4) will be taken to be an isolated plant if it would be an isolated plant under subsection (2) except for its proximity to another plant, or the other plants, in the group.

(4) The Council may, where in its opinion the circumstances of a particular case justify a determination under this subsection, determine that each plant of a group of four or more plants will be taken to be an isolated plant.

(5) A determination under subsection (4) must be agreed to by all the members of the Council present at the meeting at which it is made.


400

 

(6) The distance between two plants for the purposes of subsection (2) will be taken to be the distance between those parts of the plants that are above ground level and are closest to each other."

No. 5. Page 3, line 22 (clause 6) ‑ Leave out "are" and insert "include".

No. 6. Page 3, line 23 (clause 6) ‑ Leave out "to provide incentives and assistance" and insert "the provision of incentives and assistance".

No. 7. Page 3, line 25 (clause 6) ‑ Leave out "to conserve" and insert "the conservation of".

No. 8. Page 3, line 27 (clause 6) ‑ Leave out "to limit" and insert "the limitation of".

No. 9. Page 3, line 31 (clause 6) ‑ Leave out "to encourage" and insert "encouragement of".

No. 10. Page 3, line 34 (clause 6) ‑ Leave out "to encourage" and insert "encouragement of".

No. 11. Page 6, line 12 (clause 14) ‑ Leave out subparagraph (ii) and insert subparagraph as follows:‑

"(ii) the re‑establishment of native vegetation on land from which native vegetation has been cleared;"

No. 12. Page 6, line 15 (clause 14) ‑ Leave out "the re‑vegetation of cleared land" and insert "the re‑establishment of native vegetation on cleared land".

No. 13. Page 6, line 20 (clause 14) ‑ Insert "existing" after "of".

No. 14. Page 7 (clause 17) ‑ After line 29 insert subclause as follows:‑

"(1a) The report must set out the purposes for which money from the Fund was applied in the relevant year and the amount applied for each purpose and must explain why the Fund was applied in that manner."

No. 15. Page 7 ‑ After line 31 insert new Division as follows:‑

"DIVISION IA ‑ CONCILIATORS

Appointment of conciliators

17a. The Minister must appoint at least three persons who have wide knowledge and experience in the preservation and management of native vegetation to be conciliators for the purposes of this Act.

Conditions of appointment

17b. (1)A conciliator will be appointed for such term and on such conditions as the Minister thinks fit.

(2) A conciliator may be removed from office by the Minister ‑

(a) for misconduct;

(b) for neglect of duty;

(c) for incompetence;

or

(d) for mental or physical incapacity to carry out the duties of office satisfactorily.

(3) The office of a conciliator becomes vacant if he or she ‑

(a) dies;

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

(c) resigns by written notice addressed to the Minister;

or

(d) is removed from office by the Minister under subsection (2).

(4) If, upon the office of a conciliator becoming vacant, the number of conciliators falls below three, a person must be appointed in accordance with this Act to the vacant office. Allowances, etc.

 


401

 

17c. A conciliator is entitled to such remuneration, allowances and expenses as the Minister may determine."

No. 16. Page 8 (clause 18) ‑ After line 4 insert subclause as follows:‑

"(6) The Council must in each year apply such amounts as it considers appropriate from the Fund for research into the preservation, enhancement and management of native vegetation and to encourage the re‑establishment of native vegetation on land from which native vegetation has been cleared."

No. 17. Page 11, line 19 (clause 25) ‑ Leave out "issued by the Council" and insert "adopted by the Council under Part IV".

No. 18. Page 11, lines 38 and 39 (clause 26) ‑ Leave out "seriously at variance with the principles" and insert "contrary to subsection (1)(b)".

No. 19. Page 11, line 40 (clause 26) ‑ Leave out "only one plant" and insert "one or more isolated plants".

No. 20. Page 12, line 2 (clause 26) ‑ After "that plant" insert ", or those plants,".

No. 21. Page 12 (clause 26) ‑ After line 21 insert subclause as follows:‑

"(8a) Section 41(10) of the Pastoral Land Management and Conservation Act 1989 does not apply to, or in relation to, a property plan requested by the Pastoral Board under subsection (8)."

No. 22. Page 12, line 24 (clause 26) ‑ Leave out "and any" and insert ", all subsequent owners of the land and any other".

No. 23. Page 12 (clause 26) ‑ After line 25 insert new subclause as follows:‑

"(9a) The Council may, pursuant to subsection (4), give its consent to clearance of native vegetation if, and only if ‑

(a) it attaches to the consent a condition requiring the applicant to establish native vegetation on land specified by the Council;

and

(b) the Council is satisfied that the environmental benefits that will be provided by that vegetation significantly outweigh the environmental benefits provided by the vegetation to be cleared."

No. 24. Page 12 ‑ After line 39 insert new clause as follows:‑ "Referral to conciliator

26a. (1) An applicant for consent to clear native vegetation who is dissatisfied with the Council's determination of the application may request the Council to refer the application to a conciliator for assessment.

(2) The Council must refer an application to a conciliator in pursuance of a request under subsection (1) for preliminary assessment.

(3) If, after preliminary assessment, the conciliator is of the opinion that a full assessment and report should be made under subsection (4) he or she must proceed with the assessment and report.

(4) After making the assessment the conciliator must submit a written report to the Council that either confirms the Council's determination or recommends that the Council vary or revoke the determination and make a determination recommended by the conciliator.

(5) The report must include the conciliator's reasons for his or her recommendation.

(6) Upon receiving the conciliator's report the Council must, if the report recommends that the determination be varied or revoked, reconsider the application and in doing so the Council must have regard to the conciliator's recommendation."


402

 

No. 25. Page 13, lines 18 to 21 (clause 27) ‑ Leave out subclause (4) and insert subclauses as follow:‑

"(4) Where the respondent has cleared native vegetation in contravention of this Act, the Court must make an order against the respondent under subsection (3)(d).

(4a) The order must require, or include a requirement, that the respondent make good the contravention or default by establishing native vegetation on the actual land on which the original vegetation was growing or was situated before it was cleared and where that vegetation, or part of it, is still growing or situated on that land, the Court may order its removal so that the new vegetation can be established on that land."

No. 26. Page 14, line 35 (clause 31) ‑ After "or" insert "in exceptional circumstances".

No. 27. Page 15, line 37 (clause 33) ‑ Leave out this line and insert "an authorized officer, or a person assisting an authorized officer,".

C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered ‑ That the Message be taken into consideration tomorrow.

 

11 Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 1 to 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

12 Industrial Conciliation and Arbitration (Commonwealth Provisions)

Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Industrial Conciliation and Arbitration (Commonwealth Provisions) Amendment Bill be now read a second time.

Debate resumed.

 

13 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.

 

14 Industrial Conciliation and Arbitration (Commonwealth Provisions)

Amendment Bill

Debate (interrupted by the foregoing motion) resumed.

Question put and passed.

 

Bill read a second time.

 

Suspension of Standing Orders ‑ Instruction to Committee

Mr Ingerson, without notice, moved ‑ That Standing Orders be so far suspended as to enable it to be an instruction to the Committee of the whole House on the Bill that it have power to consider a new clause relating to harassment.

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


403

 

Instruction to Committee

Mr Ingerson then moved That it be an instruction to the Committee of the whole House that it have the power to consider a new clause relating to harassment.

Question put and passed.

 

In Committee

Clauses Nos 1 to 4 agreed to.

Clause No. 5 read.

Mr Ingerson moved on page 2, line 6, to leave out paragraph (b).

Question ‑ That the amendment be agreed to ‑ put.

 

Committee divided (No. 1):

Ayes, 23.

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

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Ingerson (Teller)

 

Noes, 23.

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. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

 

 

 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Noes.

So it passed in the negative.

Mr Ingerson moved on page 3, line 13 to 17, to leave out paragraph (l).


404

 

Committee divided (No. 2):

Ayes, 23.

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

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Ingerson (Teller)

 

Noes, 23.

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. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

 

 

 

Casting Vote

The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Noes.

So it passed in the negative.

Clause otherwise amended and agreed to.

Clause No. 6 read.

Mr Ingerson moved on page 4, lines 12 and 13, to leave out the words "under this Act, an award, industrial agreement or a contract of employment" and insert in lieu thereof the words "under the Act or a contract that is governed by an award or industrial agreement".

Question ‑ That the amendment be agreed to ‑ put and negatived.

Mr Ingerson moved on page 4, lines 35 to 37, to leave out the words after the word "payable" in line 35.

Question ‑ That the amendment be agreed to ‑ put and negatived.

Mr Ingerson moved on page 5, lines 14 to 16, to leave out all words in these lines after the word "fund" in line 14 and insert in lieu thereof the following:

"(i) the amount of the award cannot excess the amount that should have been paid to the fund plus interest at a rate (not exceeding the prime bank rate), and as from a date, determined by the Court;

and

(ii) the Court may (subject to any relevant law of the Commonwealth) direct that the amount awarded be paid to the claimant or to a superannuation fund on the claimant's behalf;".

 

To report progress and ask leave to sit again.

___________


405

 

The House having resumed:

Mr M.J. Evans 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 motion.

 

15 Suspension of Standing Orders

Minister of Labour, 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 present an absolute majority of the whole number of Members of the House.

 

16 Industrial Conciliation and Arbitration (Commonwealth Provisions)

Amendment Bill

Ordered ‑ That the further consideration in Committee of the Industrial Conciliation and Arbitration (Commonwealth Provisions) Amendment Bill be now resumed.

 

In Committee

Clause No. 6 further considered, amended and agreed to.

Clauses Nos 7 to 9 agreed to.

Clause No. 10 read.

Mr Ingerson moved on page 8, lines 12 to 14, to leave out paragraph (a) and insert in lieu thereof new paragraph as follows:

(a) must consider whether it should consult with ‑

(i) the Chamber of Commerce and Industry South Australia Incorporated.

(ii) the South Australian Employers' Federation Incorporated;

(iii) the United Trades and Labor Council;

or

(iv) any relevant registered association of employers or employees,

and may consult with any such organization;.

Question ‑ That the amendment be agreed to ‑ put.

Committee divided (No. 3):

Ayes, 22.

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

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Ingerson (Teller)

 

Noes, 22.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

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

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. R.J. Gregory (Teller)

 

 

 


406

 

Casting Vote

The number of Ayes and Noes being equal the Chairman gave his casting vote for the Noes.

So it passed in the negative.

Clause agreed to.

___________

 

It being 12 midnight

THURSDAY 4 APRIL 1991

___________

 

Clauses Nos 11 to 13 agreed to.

Clause No. 14 read.

Mr Ingerson moved on page 9, line 23, to insert word and paragraph as follows:

(b) by inserting after subsection (8) the following subsections:

(9) Without limiting the powers of the Commission in relation to demarcation disputes, the Commission may, for the purpose of preventing or settling a demarcation dispute, make one or more of the following orders:

(a) an order that an employee association will have the right, to the exclusion of another association or associations, to represent under the Act the industrial interest of a particular class or group of employees who are eligible for membership of the association;

(b) an order that an employee association that does not have the right to represent under the Act the industrial interests of a particular class or group of employees will have the right;

(c) an order that an employee association will not have the right to represent under this Act the industrial interests of a particular class or group of employees who are eligible for membership of the association.

(10) An order under subsection (9) may be of general application or expressed to be subject to specified conditions or limitations.

(11) The Commission may order that the rules of an employee association be altered to reflect an order under subsection (9) from a day fixed by the Commission (and the Commission may make the requires alteration by notation in its registers).

Question ‑ That the amendment be agreed to ‑ put and negatived.

Clause No. 15 read.

Mr Ingerson moved on page 9, in line 25, to leave out the words "and the following section is substituted".

 

Safeguarding Amendment

The Minister of Labour having intimated that he intended to move on page 9, lines 27 to 43, to leave out section 29a and insert in lieu thereof new section as follows:

29a (1) Where, in the opinion of the Commission, it would be appropriate to make an order this section ‑

(a) to prevent or settle a demarcation dispute;

(b) to further the objective of achieving a coherent national framework of employee association, or to achieve consistency with any award or decision of the Commonwealth Commission directed at achieving that objective;


407

 

(c) to protect persons who are members of a registered association from discrimination in employment;

or

(d) to facilitate the proper representation of a particular class or group of employees in respect of their rights or interests under the Act, an award, industrial agreement or contract of employment,

the Commission may, by award, direct that, in relation to the engagement or retention of persons in employment, preference be given, in such manner and subject to such conditions as are specified in the award, to persons who are, or who have undertaken to become within a reasonable period, members of a registered association specified in the award.

(2) Where the Commission has made an award under subsection (1), an employer is not required by the award to give preference to a person who is within the terms of the award over a person in relation to whom a certificate under section 144 in force.

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 made progress therein and asked leave to sit again.

 

Ordered ‑ That the Committee have leave to sit again today.

 

17 Adjournment

House adjourned at 1.01 a.m. until today at 11.00 a.m.

 

___________

 

Present during the day ‑ All the Members.

 

The following Pair was handed in at the Table during the days proceedings:

 

Division No. 3 ‑

Ayes ‑ Mr Gunn.

Noes ‑ Hon. F.T. Blevins.

 

 

 

 

 

N.T. Peterson

SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY