No. 53

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                            THURSDAY 6 APRIL 1995

 

 

 1         Meeting of House

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

 

2         Conferences - Consent to Medical Treatment and Palliative Care Bill and Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill

                  The Minister for Emergency Services (Hon. W.A. Matthew) moved - That the sitting of House be continued during the Conferences with the Legislative Council on these Bills.

                  Question put and passed.

 

3         Joint Select Committee on Women in Parliament - Interim Report - Motion to note

                  Mrs Greig, pursuant to notice, moved - That the Interim Report of the Joint Select Committee on Women in Parliament be noted.

                  Debate ensued.

                  Question put and passed.

                 

4         Environment, Resources and Development Committee - Environmental, Resources, Planning, Land Use, Transportation and Development Aspects of the MFP Development Corporation for 1994-95 - Report - Motion to note

                  Mrs Kotz, pursuant to notice, moved - That the Fifteenth Report of the Committee relating to the Environmental, Resources, Planning, Land Use, Transportation and Development Aspects of the MFP Development Corporation for 1994-95 be noted.

                  Question put and passed.

 

5         Select Committee on Organs for Transplantation

                  Order of the Day read for the bringing up of the Report of the Select Committee on Organs for Transplantation.

                  Ordered - That the time for bringing up the Report be extended until Thursday 1 June.

 

6         Electoral (Political Contributions and Electoral Expenditure) Bill

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

                  Debate resumed.

                  Ordered, on motion of Mr De Laine, that the debate be further  adjourned until Thursday 1 June.

 

7          Voluntary Euthanasia Bill

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

                  Debate resumed.

                  Ordered, on motion of Mrs Kotz, that the debate be further adjourned until Thursday 1 June. 


 

8         Prostitution Inquiry of Social Development Committee - Motion re

                  Order of the Day read for the adjourned debate on the motion of Mr Lewis -  That this House refers the following additional terms of reference to the Social Development Committee in its consideration of matters related to prostitution -

                              (i)      the extent  of the effect of the occupation and lifestyle of prostitutes (whether male or female) on their families, with particular reference to -

                                          (a)     children (their birth status) and their social development and relationships with both  birth parents and any other familial parent/adult with a view to discovering how the occupation of their prostitute parent affected their life chances compared with the norms of the age group cohort they belong to;

                                          (b)     the effect on the other birth parent of any children arising from sexual liaisons with the prostitute, whether that birth parent was married to or a de facto or a casual acquaintance of the prostitute with particular emphasis on that partner's subjective assessment on the effect of the prostitute's occupation on the partner's health (including STD's), life stress, career path and personal prosperity;

                                          (c)     the brothers and sisters and the subjective effect the prostitute has had on their life(s);

                                          (d)     the birth parents, in circumstances where the prostitute is/was a minor; and

                                          (e)     the number of marriages and/or other live‑in relationships which prostitutes have;

                              (ii)    the cost of caring for and rehabilitating any or all of the people in any of the foregoing categories where they have suffered any adverse consequences to their lives whether subjectively or objectively assessed;

                              (iii)  inclusion in its consideration of the factors influencing men and women to become prostitutes those reasons influencing the decision where they appear or are admitted to have been taken as the means of financing use of illicit drugs or gambling; and quantify those stated reasons and any other relevant reason discovered by the Committee, by category; and

                              (iv)    inclusion in its examination of  the existing law about which it is contemplating making recommendations for change to consider those recommendations in five categories, viz; male to male prostitution, male to female prostitution, female to male prostitution, female to female prostitution and orgies (i.e. any or all of the foregoing in group sex activities which involve prostitution).

                  Debate resumed.

                  Question put and negatived.

 

9         Prostitution (Decriminalisation) Bill

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

                  Debate resumed.

 

10       Suspension of Sessional Orders

                  Mr Bass, without notice, moved  - That Sessional Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Orders of the Day: Private Members Bills/Committees/Regulations are disposed of.

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

 

11        Prostitution (Decriminalisation) Bill

                  Debate (interupted by the foregoing motion) resumed.

                  Ordered, on motion of Mrs Hall, that the debate be further adjourned until Thursday 1 June.

                 

12       Prostitution Regulation Bill

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

                  Debate resumed.

                  Ordered, on motion of Mr Bass, that the debate be further adjourned until Thursday 1 June.

           


13       Workers Rehabilitation and Compensation (Mental Incapacity) 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 negatived.

 

14       Postponement of business

                  Ordered - That Notices of Motion: Other Motions Nos 1 to 3 be Notices of Motion for Thursday 1 June.

 

15       Postponement of business

                  Ordered - That Orders of the Day: Other Motions Nos 1 to 4 be postponed and taken into consideration after Order of the Day: Other Motion No. 5.

 

16       Factor VIII -  Motion re

                  Order of the Day read for the adjourned debate on the motion of  Mrs Greig - That this House calls on the Federal Government to recognise the need for a national approach to determine the quantity, source and provision of Factor VIII to ensure efficient and equitable allocation and as part of this approach suggests consideration of the cost implication of the supply of recombinant or synthetic Factor VIII as a new product in the treatment of haemophilia.

                  Debate resumed.

                  Question put and passed.

 

17        Wine and Grape Industry Interim Report - Motion re

                  Mr Brokenshire, pursuant to notice, moved - That this House condemns the minority recommendations of the Chair Mr Bill Scales as set out in the Interim Report into the Wine and Grape Industry and urges the Federal Government not to adopt those recommendations which would have a devastating effect on jobs growth and economic development in South Australia.

                  Debate resumed.

                  Ordered, on motion of Mr Meier, that the debate be further adjourned until Thursday 1 June.

 

18       Death of Former Member -  Mr J.J. Jennings

                  The Premier (Hon. D.C. Brown), by leave, moved - That this House expresses its regret at the recent death of Mr J.J. Jennings, a former Member of this House for the seats of Prospect, Enfield and Ross Smith and places on record its appreciation of his long and meritorious service; and as a mark of respect to his memory, the sitting of the House be suspended until the ringing of the bells.

                  And being supported by the Leader of the Opposition (Hon. M.D. Rann), and the Deputy Leader of the Opposition (Mr Clarke).

                  Motion carried in silence, Members rising in their places.

 

19       Suspension and resumption

                  At 2.14 p.m. the sitting of the House was suspended.

                  At 2.24 p.m. the Speaker resumed the Chair.

 

20       Petitions Nos 173 and 174

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

 

                  173    Mr Bass, from 21 residents of South Australia, requesting that the House maintain the present homicide law, which excludes euthanasia, while maintaining the common law right of patients to refuse treatment.

 

                  174    Mr Meier, from 12 residents of South Australia, requesting that the House oppose any measure to legislate for euthanasia.

 


21       Questions

                  Questions without notice were asked.

                  Ordered - That the period for asking questions without notice be extended by ten minutes.

                  Questions without notice resumed.

 

22       Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

23       Message from the Legislative Council

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

 

            Mining (Native Title) Amendment Bill                                                                                                         Message No. 113     MR SPEAKER - The Legislative Council has, in reply to Message No. 125 from the House of Assembly, agreed to grant a Conference on the Mining (Native Title) Amendment Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 6.00 p.m. this day to receive the Managers on behalf of the House of Assembly, at the First Floor Conference Room of the Legislative Council.

                  Legislative Council, 6 April 1995                                                                                                                H.P.K. Dunn, PRESIDENT

                 

                  The Minister for Employment and Further Education (Hon. R.B. Such) moved - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

                  Question put and passed.

 

24       Parliamentary Remuneration (Basic Salary) Amendment Bill

                  The Minister for Industrial Affairs (Hon. G.A. Ingerson), without notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Remuneration Act 1990.

                  Question put and passed.

 

                  Bill presented and read a first time.

 

            Suspension of Standing Orders

                  The Minister, without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

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

                  Debate ensued.

                  Question put and passed.

 

                  Bill read a second time.

                  By leave, the House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

25       Conference - Consent to Medical Treatment and Palliative Care Bill

                  The Minister for Health (Hon M.H. Armitage) reported - That the Managers have been at the Conference on the Consent to Medical Treatment and Palliative Care Bill, which was managed on the part of the Legislative Council by the Minister for Transport (Hon. D. V. Laidlaw), Hon. M. Feleppa, Hon. S.M. Kanck, Hon. R.D. Lawson and Hon. B.J. Weise and we there received from the Managers on behalf of the Legislative Council the Bill, together with the resolution adopted by that House-

                             

                              That the disagreement to the amendments of the House of Assembly be insisted on.


                  Thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective House that -

 

                  As to Amendments Nos 1 to 3 -

                              That the House of Assembly do not further insist on these Amendments.

 

                  As to Amendment No. 5 -

                              That the House of Assembly do not further insist on its Amendment but make the following consequential amendment -

                 

                  Clause 10, page 7, after line 18 - Insert -

                              (7)      A person must not publish by newspaper, radio or television a statement or representation

                                          (a)                 by which the identity of a person who is, or has been, the subject of proceedings under this section (the "patient") is revealed; or

                                          (b)                 from which the identity of a person who is, or has been, the subject of proceedings under this section (the "patient") might be inferred.

                  Penalty: $10 000.

                              (8)     Subsection (7)-

                                          (a)     ceases to apply if or when the patient recovers and then gives his or her consent to the publication of the information; or

                                          (b)     ceases to apply after the death of the patient.

                              (9)     In subsection (7)-

                                          "newspaper" includes any journal, magazine or other publication that is published daily or at periodic intervals.

                  and that the Legislative Council agree thereto.

 

                  As to Amendment No. 6 -

                              That the House of Assembly do not further insist on its Amendment but make the following consequential amendments -

 

                  Clause 2, page 1, line 19 - After "this Act" insert ", other than section 14,".

 

                  Clause 2, page 1, after line 19 - Insert -

                  (3)     Section 14 may be brought into operation after the other provisions of this Act except that if it has not been brought into operation sooner, it will, by force of this provision, come into operation six months after the commencement of this Act.

 

                  Clause 14, page 9, lines 6 and 7 - Leave out subclause (2) and insert -

                  (2)     The Minister must appoint a suitable person (referred to below as the "Registrar") to administer the register.

 

                  Clause 14, page 9, line 9 - Leave out "accompanied by a fee prescribed by regulation".

                 

                  Clause 14, page 9, after line 10 - Insert -

                  (3a) An application under subsection (3) must be accompanied by -

                                          (a)     a copy of the direction or power of attorney (to be held by the Registrar for the purposes of this section); and

                                          (b)     a fee prescribed by regulation.

                  and that the Legislative Council agree thereto.

 

                  As to Amendment No. 9 -

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


 

            In Committee

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

 

                                                                                                                                  ____________

 

                  The House having resumed:

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

 

26       South Australian Health Services Bill

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

                  Debate resumed.

                  Ordered, on motion of Ms Stevens, by leave, that the debate be further adjourned until Tuesday next.

 

27       Adjournment

                  House adjourned at 6.00 p.m. until Tuesday next at 2.00 p.m.

 

                                                                                                                                  ____________

                                                                                                                                                      

 

 

                  Present during the day - All the Members except Mr Leggett (on leave), Ms Penfold and Mr Venning.

 

 

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY