No. 53

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                                TUESDAY 20 APRIL 1993

 

 

1              Meeting of House

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

                    Chair and read prayers.

 

2              Conference - Statutes Amendment (Fisheries) Bill

                The Deputy Premier (Hon. F.T. Blevings), without notice, moved - That the sitting of the

                    House be continued during the Conference with the Legislative Council on the Statutes Amendment (Fisheries) Bill.

                Question put and passed.

 

3              Petitions Nos 156 to 161

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

 

                156 The Minister of Primary Industries (Hon. T.R. Groom) from 58 residents of South

                    Australia, requesting that the House urge the Government to prohibit the use of monofilament gill nets by all fishers.

 

                157 Hon. D.C. Brown from 1 177 residents of South Australia, requesting that the House

                    urge the Government to commence the planning for the construction of a new Goolwa Primary School immediately.

 

                158 Hon. P.B. Arnold from 1 391 residents of the South Australia, requesting that the

                    House urge the Government to maintain funding levels for the Barmera and District Hospital.

 

                159 Mr D.S. Baker from 1 164 residents of South Australia, requesting that the House urge

                    the Government to retain the South-East office of the Department of Transport and establish an inquiry into the impact of the removal of such services.

 

                160 and 161 Mr Becker and Hon. B.C. Eastick from 41 residents of South Australia,

                    requesting that the House urge the Government to re-introduce capital punishment for crimes of homicide.

 

4              Answers to questions

                Answers to questions on the Notice Paper Nos 12, 234, 260, 324 to 336, 340, 349, 362, 366,

                    373, 403 to 405, 407 to 420, 422, 427, 429, 434, 440 to 442, 448, 450, 452 and questions without notice were tabled by the Speaker.

 


5              Papers

                The following Papers were laid on the Table:

 

                By the Minister of Housing, Urban Development and Local Government Relations (Hon.

                    G.J. Crafter)-

                    Regulations under the following Acts:

                          Associations Incorporation Act - Fees

                          Business Names Act - Fees

                          Co-operatives Act - Fees

                          Evidence Act - Reproduction of Documents

                    Legal Practitioners Complaints Committee - Statistical Report, 1986 - 92

                    Corporation By-laws-

                          Elizabeth - No.2 - Streets (Amendment)

                          Salisbury -

                               No. 1 - Permits and Penalties

                               No. 2 - Streets (Amendment)

                               No. 5 - Dogs

                               No. 7 - Animals and Birds

                               No.10 - Inflammable Undergrowth

                    District Council By-laws -

                          Coober Pedy -

                               No. 1 - Permits and Penalties

                               No. 2 - Council Land

                               No. 3 - Taxis

                               No. 4 - Electricity Supply

                               No. 5 - Nuisances

                          Wakefield Plains - No.9 - Fire Prevention

                    Working Party Reviewing Age Provisions in State Acts and Regulations - Report

 

                By the Minister of Environment and Land Management (Hon. M.K. Mayes)-

                    Response by the Minister of Environment and Land Management to the First Report of the Social Development Committee on the Social Implications of Population Change in South Australia

                    Regulations under the following Acts:

                          Bills of Sale Act - Fees

                          Crown Lands Act - Fees

                          Liquor Licensing Act - Dry Areas -

                               Berri

                               Colonnades Shopping Complex

                               Glenelg (Variation)

                          Pastoral Land Management and Conservation Act - Fees

                          Real Property Act -

                               Register General - Fees

                               Requisition Fee

                               Variation

                          Registration of Deeds Act - Fees

                          Roads (Opening and Closing) Act - Fees

                          Strata Titles Act - Fees

                          Worker's Liens Act - Fees

 

                By the Minister of Education, Employment and Training (Hon.S.M.Lenehan)-

                    Director-General of Education, Portfolio Co-ordinator, Education, Employment and

                          Training - Report, 1992

 

                By the Minister of Business and Regional Development (Hon.M.D.Rann)-

                    South Australian Centre for Manufacturing - Report, 1992

                    Motor Vehicles Act 1959 - Regulations -

                          Authorised Examiners Fees

                          Authorised Examiners Fees (Variation)

 

                By the Minister of Health, Family and Community Services (Hon.M.J.Evans)-

                    South Australian Council on Reproductive Technology - Report to 31 March 1993

                    Controlled Substances Act 1984 - Regulation - Poisons - Coca Leaf

                    South Australian Dental Service - By-laws - South Australian Dental Service     Incorporated

 

                By the Minister of Primary Industries (Hon. T.R. Groom) -

                    Agricultural Council of Australia and New Zealand - Record and Resolutions of

                          Meeting of 24 July 1992

                    Animal and Plant Control Commission - Report, 1992

                    Australian Soil Conservation Council - Record and Resolutions of Meeting of

                          27 August 1992.

 

6              Questions

                Questions without notice were asked.

 

7              Messages from the Governor

                The following Messages from the Governor were received and read:

 

                Electricity Trust of South Australia(Superannuation) Amendment

                    Bill - Recommending                                                                                     Message No. 25

                The Governor recommends to the House of Assembly the appropriation of such amounts

                    of money as may be required for the purposes mentioned in the Electricity Trust of South Australia (Superannuation) Amendment Bill 1993.

                Government House, Adelaide, 20 April 1993                                                   R.F.Mitchell,GOVERNOR

 

                Assent to Bills                                                                                                     Message No. 26

                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. 14 of 1993 - An Act to amend the South Australian Health Commission Act 1976.

                No. 15 of 1993 - An Act to amend the Industrial Relations Advisory Council Act 1983.

                No. 16 of 1993 - An Act to amend the Aboriginal Lands Trust Act 1966.

                No. 17 of 1993 - An Act to establish a fund to be used to improve the quality of training

                    in the building and construction industry; to establish the Construction Industry Training Board to administer the fund and to co-ordinate appropriate training; to provide for the imposition and collection of a levy for the purposes of the fund; and for other purposes.

                No. 18 of 1993 - An act to provide for the funding and provision of disability services in

                    accordance with certain principles and objectives; and for other related purposes.

                No. 19 of 1993 - An Act to amend the Education Act 1972.

                No. 20 of 1993 - An Act to amend the Government Management and Employment Act 1985.

                No. 21 of 1993 - An Act to protect persons disclosing illegal, dangerous or improper

                    conduct; and for other purposes.

                No. 22 of 1993 - An Act to amend the Legal Practitioners Act 1981.

                No. 23 of 1993 - An Act relating to the marketing of barley and for other purposes.

                Government House, Adelaide, 20 April 1993                                                   R.F. Mitchell, GOVERNOR

 

8              Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

9              Occupational Health, Safety and Welfare (Plant) Amendment Bill

                The Minister of Labour Relations and Occupational Health and Safety (Hon. R.J.

                    Gregory), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986; to repeal the Boilers and Pressure Vessels Act 1968 and the Lift and Cranes Act 1985; 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 Mr S.J.Baker, that the debate be adjourned until tomorrow.

 

10           Select Committee on Health Administration

                The Minister of Health, Family and Community Services moved - That Standing Order 339

                    be so far suspended as to enable the Select Committee on Health Administration to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the House.

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

 

11           Select Committee on the Juvenile Justice System

                The Minister of Primary Industries brought up the Final Report of the Select Committee

                    on the Juvenile Justice System (Paper No.185), together with Minutes of Proceedings and Evidence.

                Ordered - That consideration of the Report be an Order of the Day for tomorrow.

 

12           Suspension of Standing Orders

                The Deputy Premier, without notice, moved - That the Standing Orders be so far suspended as to enable the Premier to move a motion, without notice, forthwith.

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

                    majority of the whole number of Members of the House.

 

                Report of the Auditor-General on an Investigation into the State Bank of

                    South Australia - Motion re

                The Premier (Hon. L.M.F. Arnold) then moved - That the Report of the Auditor-General

                    on an Investigation into the State Bank of South Australia be noted.

                Debate ensued.

                Hon. D.C. Brown moved after the word "noted" to insert the following:

                "and:

                (a)     endorses the findings of the Auditor-General, and the Royal Commissioner, that

                          rapid, uncontrolled growth of business was the main cause of the failure of the State Bank;

                (b)     endorses the findings of the Auditor-General, and the Royal Commissioner, that the

                          Government failed to appoint a Board able to control a rapidly growing Bank;

                (c)     endorses the findings of the Auditor-General, and the Royal Commissioner, that

                          Government influence prevented the Board exercising effective control over the former Chief Executive Officer, Mr Marcus Clark;

                (d)     accordingly rejects the assertion of the Hon. the Premier in the House of Assembly on

                          9 March 1993 that the Bank's former Board, and its former Chief Executive Officer "overwhelmingly bear the responsibility for the Bank's losses"; and

                (e)     condemns the Government for its continuing refusal to be held accountable for the

                          $3 150 million of taxpayers' money lost by the State Bank Group."

                Debate continued.

 

13           Message from the Legislative Council

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

 

                Supply Bill (No.1)                                                                                Message  No.111

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

                    titled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1994, without any amendment.

                Legislative Council, 20 April 1993                                                                         G.L.Bruce,PRESIDENT

 

14           Report of the Auditor-General on an Investigation into the State Bank of South

                    Australia - Motion re

                Debate (interrupted by receipt of the foregoing Message) resumed.

 

15           Extension of time for adjournment

                The Minister of Labour Relations and Occupational Health and Safety moved - That the

                    time for moving the adjournment of the House be extended beyond 10.00p.m.

                Question put and passed.

 

16           Message from the Legislative Council

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

 

                Criminal Law (Sentencing)(Education Programme)

                    Amendment Bill                                                                                 Message No.112

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled

                    an Act to amend the Criminal Law (Sentencing) Act 1988, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 20 April 1993                                                                          G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                The Minister of Labour Relations and Occupational Health and Safety moved - That this

                    Bill be now read a second time.

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

 

17           Report of the Auditor-General on an Investigation into the State Bank of South

                    Australia - Motion re

                Debate (interrupted by the foregoing) resumed.

                Question - That the amendment be agreed to - put.

                House divided (No.1):

               Ayes, 23.                                                    Noes, 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. B.C. Eastick

            Mr S.G. Evans

            Mr Gunn

            Mr Ingerson

            Mrs Kotz

            Mr Lewis

            Mr Matthew

            Mr Meier

            Mr Olsen

            Mr Oswald

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Hon. D.C. Brown (Teller)

 

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Hon. M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Hon. T.R. 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

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. L.M.F. Arnold (Teller)

 

 

                Casting Vote

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

                So it passed in the negative.

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

 

18           South Australian Tourism Commission Bill

                Order of the Day read for consideration of the amendments of the Legislative Council in

                    the South Australian Tourism Commission Bill.

               

                                                                                            In Committee

                Resolved - That the amendments be agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the amendments referred to it

                    and had agreed to the same without amendment.

 

19           Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 2 to 11 be postponed and

                    taken into consideration after Order of the Day (Government Business) No.16.

 

20           Superannuation (Visiting Medical Officers) Bill

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

                    (Visiting Medical Officers) Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

                By leave, House proceeded to the third reading.

 

                Bill read a third time and passed.

 

21           Postponement of business

                Ordered - That Orders of the Day (Government Business) Nos 13 to 15 be postponed and

                    taken into consideration after Order of the Day (Government Business) No.16.

 

22           Electricity Trust of South Australia (Superannuation) Amendment Bill

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

                    Trust of South Australia (Superannuation) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

 

                Bill read a second time.

               

                                                                                            In Committee

                                                             Clauses Nos 1 to 10 agreed to.

                                                             Title agreed to.

 

                                                                                                                       

 

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the Bill referred to it and had

                    agreed to the same without amendment.

 

                Bill read a third time and passed.

 

23           Message from the Legislative Council

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

 

                Statutes Amendment (Courts) Bill                                                                                  Message No.113

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled

                    an Act to amend the Supreme Court Act 1935, the District Court Act 1991, the Magistrates Court Act 1991, the Bail Act 1985, the Criminal Law Consolidation Act 1935, the Enforcement of Judgments Act 1991, the Oaths Act 1936, the Summary Procedure Act 1921, the Unclaimed Goods Act 1987 and the Wrongs Act 1936, to which it desires the concurrence of the House of Assembly.

                Legislative Council, 20 April 1993                                                                     G.L. Bruce, PRESIDENT

 

                Bill read a first time.

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

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

 

24           Adjournment

                House adjourned at 11.54 p.m. until tomorrow at 2.00 p.m.

                                                                                                                       

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 21 April 1993

                Notice of Motion: Committees/Regulations -

 

Mr Lewis to move - That this House calls on the Legislative Review Committee to submit an

                interim report on its enquiry into the proposal to introduce citizen initiated referenda and in particular, its understanding of public opinion based on the evidence given to it of:

                (a)     the intervals such questions should be put;

                (b)     the form of any such questions;

                (c)     how to decide if a question should be put;

                (d)     whether attendance at the poll should be voluntary; and

                (e)     any other matter relevant,

                before the close of Parliamentary business on Thursday 6 May 1993.

 

                Notices of Motion: Other Motions-

 

Mr S.G. Evans to move - That in the opinion of this House, an independent inquiry should be held

                into Operation Hygiene and in particular as it relates to the conviction of Stephen Fuller and Malcolm Pearn.

 

Hon. D.C. Wotton to move - That this House commends Western Mining Corporation for its strong

                support as the founding sponsor of the Anti Rabbit Research Foundation in the campaign to control rabbits in Australia.

                                                                                                                       

 

                Present during the day - All the Members.

 

                                                                                                                                                                N.T. Peterson

                                                                                                                                                                SPEAKER

 

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY