No 53

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 30 JULY 1996

 

 

1    Meeting of House

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

 

2    Petition No 120

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

 

120      The Deputy Premier (Hon S J Baker), from 2 580 residents of South Australia, requesting that the House urge the Government to ban the recreational shooting of ducks and quails.

 

3    Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4    Papers

     The following Papers were tabled:

 

By the Premier (Hon D C Brown) -

Promotion and Grievance Appeals Tribunal - Report, 1995-96

 

By the Deputy Premier -

Rules of Court - Supreme Court - Supreme Court Act - Admission of Practitioners

 

By the Treasurer (Hon S J Baker) -

Friendly Societies Act 1919 - General Laws - Confirmation

 

By the Minister for Infrastructure (Hon J W Olsen) representing the Minister for Industrial Affairs (Hon G A Ingerson) -

Workers Rehabilitation and Compensation Act - Regulations - Agencies of the Crown - Healthscope

 

By the Minister for Primary Industries (Hon R G Kerin) -

The Phylloxera and Grape Industry Board of South Australia - Report, 1995-96

 

By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

By-Laws - Corporation:

   West Torrens - No 2 - Moveable Signs 

   Walkerville - No 6 - Recreation Grounds and Reserves

District Council of Willunga - By-Law No 4 - Moveable Signs.

 

5    Environment, Resources and Development Committee - Report - Vegetation Clearance Regulations pursuant to the Electricity Trust of South Australia Act 1946

Mrs Kotz brought up the Twenty First Report of the Committee on Vegetation Clearance Regulations pursuant to the Electricity Trust of South Australia Act 1946.

Report received.

 

Ordered to be printed (Paper No 217)

 

6    Public Works Committee - Report - Southern Expressway Stage One

Mr Oswald brought up the Thirtieth Report of the Committee on the Southern Expressway Stage One.

Report received.

 

Ordered to be printed (Paper No 218)

 

7    Questions

Questions without notice were asked.

 

8    Grievance debate

The Speaker proposed - That the House note grievances.

Debate ensued.

 

Member named

The Deputy Speaker named the Leader of the Opposition (Hon M D Rann) for wilfully disregarding the authority of The Chair.

 

Member's apology

The Honourable Member having made an explanation:

The Deputy Premier moved - That the explanation of the Leader of the Opposition not be accepted.

Debate ensued.

Question put.

 


House divided (No 1)


      Ayes, 32

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Hon D C Brown

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Ms Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

 Hon S J Baker (Teller)


   Noes, 11.

 

Mr Atkinson

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Clarke (Teller)


 

So it was resolved in the affirmative.

 

Member suspended

The Deputy Premier moved  - That the Leader of the Opposition be suspended from the service of the House.

Question put and passed.

 

Grievance debate

Debate (interupted by the foregoing naming) resumed.

Question put and passed.

 

9    Statutes Amendment (University Councils) Bill

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

 

In Committee

                        Clause No 10 further considered, amended and agreed to.

                        Clauses Nos 11 to 13 agreed to.

                        Clause No 14 read.

Ms White moved, on page 6, lines 6 and 7, to leave out the words "nine members of the Council, at least five of whom are external members," and insert in lieu thereof the words "12 members of the Council".

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

Ms White moved, on page 6, line 31, after the word "Chancellor" to insert the words ", with the approval of the Council,".

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

Ms White moved, on page 7, line 3, to leave out the word "two" and insert in lieu thereof the word "three".

Question - That the amendment be agreed to - put.


Committee divided (No 2):

 


           Ayes, 9.

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr De Laine

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White (Teller)


   Noes, 31.

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Wade

Hon D C Wotton

Hon R B Such (Teller)


 

So it passed in the negative.

Ms White moved, on page 7, lines 14 to 19, to leave out subsections (5) and (6) and insert the following subsection inlieu thereof:

(5)   A selection committee established for the purpose of making an appointment under subsection (1)(b) cannot recommend one of their number for appointment.

Safeguarding Amendment

The Minister having intimated that he intended to move on page 7, lines 14 and 15, to leave out the words ", or a person who in the five years preceding the date of the election has been an employee of the University,":

Question - That all the words in line 14, up to and including  the word “University” be left out - put and negatived.

Question - That the Minister’s amendment be agreed to - put and passed.

Ms White moved, on page 8, before line 1, to insert the following new section:

Term of office of Parliamentary members

12A      (1)  At the commencement of every Parliament, two members of the Parliament must be       jointly recommended by the House of Assembly and the Legislative Council for          appointment by the Governor as members of the Council.

      (2)   The Parliamentary members of the Council will, subject to this Act, hold office until           further appointments are made under subsection (1) when they will, unless                 reappointed, vacate their offices.

 

Question put.


Committee divided (No 3):


      Ayes, 9.

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr De Laine

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White (Teller)


   Noes, 32.

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon D C Wotton

Hon R B Such (Teller)


So it passed in the negative.

                    Clause otherwise amended and agreed to.

                    Clauses Nos 15 to 17 agreed to.

                    Clause No 18 read.

Ms White moved, on page 10, lines 1 to 6, to leave out paragraph (h) and insert in lieu thereof the following paragraph:

(h)   two students of the University, one of whom must be a postgraduate student and one of whom must be an undergraduate student, appointed or elected in a manner determined by the Vice-Chancellor after consultation with the presiding member of the Students Association of the University.

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

Ms White moved, on page 10, line 13, to leave out the words "or the Council".

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

Ms White moved, on page 10, lines 15 to 19, to leave out subsection (1) and insert in lieu thereof the following subsection:

(1)   A member appointed to the Council by the Governor will be appointed for a term of two or four years to be determined by the selection committee on whose recommendation the appointment was made.

Safeguarding Amendment

The Minister having intimated that he intended to move, on page 10, line 15, to leave out the words "the Governor or".

Question - That all the words on page 10, line 15 up to and including the word “by” be left out - put and negatived.

Question - That the Ministers’ amendment be agreed to - put and passed.

                    Clause otherwise amended and agreed to.

                    Clause No 19 agreed to.

                    Clause No 20 read.

Ms White moved, on page 11, lines 31 and 32, to leave out the words "at least five of whom are external members,".

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

                    Clause otherwise amended and agreed to.

                    Schedule 1 amended and agreed to.

                    Schedule 2 agreed to.

                    Clause No 14 reconsidered.

Ms White moved, on page 6, lines 34 and 35, to leave out paragraph (d) and insert in lieu thereof the following paragraph:

(d)   two Members of the South Australian Parliament, one from the group led by the Premier and the other from the group led by the Leader of the Opposition, appointed by the Governor pursuant to a recommendation contained in an address from both Houses of the Parliament;

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

                    Clause agreed to.

                    Title agreed to.

____________

 

The House having resumed:

Hon H Allison reported that the Committee had further considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

10   Statutes Amendment (Sentencing of Young Offenders) Bill

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

Debate resumed.

 

Bill read a second time.

 

In Committee

                        Clauses Nos 1 to 29 agreed to.

                        Clause No 30 read.

The Deputy Premier moved, on page 7, lines 9 and 10, to leave out all the words after “is amended” and insert in lieu thereof the words as follow:

(a)   by striking out paragraph (b) of subsection (2);

(b)   by inserting after subsection (2) the following subsection:

(2a)  In imposing sanctions on a youth for illegal conduct -

(a)   regard should be had to the deterrent effect any proposed sanction may have on the youth; and

(b)   in the case of youth dealt with by a court as an adult, or in any other case the court thinks appropriate (because of the nature or circumstances of the offence), regard should also be had to the deterrent effect and proposed sanction may have on other youths.

Amendment to Amendment

Mr Atkinson moved to amend the amendment by leaving out from paragraph (b) of subsection (2a)  the words “or in any other case the court thinks appropriate (because of the nature or circumstances of the offence), regard should“ and insert in lieu thereof the words “regard may”.

Question - That the amendment to the amendment be agreed to - put.

 


Committee divided (No 4):

 


                     Ayes, 10.

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Ms Stevens

Ms White

Mr Atkinson (Teller)


            Noes, 26.

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon G M Gunn

Mrs Hall

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Wade

Hon S J Baker (Teller)


 

So it passed in the negative.

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

                    Clause as amended agreed to.

                    Clauses Nos 31 to 69 agreed to.

                    Title agreed to.

____________

The House having resumed:

Mr Bass reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

11   Messages from the Legislative Council

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

 

     Criminal Injuries Compensation (Levy) Amendment Bill          Message No 148

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Injuries Compensation Act 1978, 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 July 1996                 H P K Dunn, PRESIDENT

 

Schedule of amendments made by the Legislative Council

No 1  Page 1, line 10 (clause) - Leave out “Levy” and insert “Miscellaneous”.

 

No 2  Page 1 - After line 15 insert new clauses as follows:-

      ‘Amendment of s4 - Interpretation

   2A. Section 4 of the Principal Act is amended by inserting after the definition “court” the   following definitions:

      “CPI” means the Consumer Price Index (all groups index for Adelaide) published by    the Commonwealth Statistician under the Census Statistics Act 1905 of the    Commonwealth;

   “CPI adjusted” in relation to a Specified sum, means that the specified sum is, in each calender year subsequent to 1996, to be increased by the same percentage as the percentage increasing the CPI in the September quarter of the year 1996 to the CPI in the September Quarter of the relevant year;,

      Amendment of s7 - Application of compensation

   2B.   Section 7 of the principal Act is amended -

      (a)   by striking out from subsection (7)(c) “in the case of a spouse or a putative spouse or        $3 000” and substituting “,CPI adjusted, in the case of a spouse or a putative spouse or           $3 000, CPI adjusted,”;

      (b)   by striking out from subsection (8)(a)(ii)(B) “the number so assigned by $1 000” and         substituting “$1 000 (CPI adjusted) by the number so assigned”;

      (c)   by inserting in subsection (8)(b)(i) “CPI adjusted)” after $4 200”;

      (d)   by inserting in subsection (8)(b)(ii) “CPI adjusted)” after $3 000”;

      (e)   by striking out from subsection (10) “$1 000” and substituting “$500”.

      Amendment of s.8 - Proof of evidence

   2C.   Section 8 of the principal Act is amended by striking out from the subsection (1a)(a)       “beyond reasonable doubt” and substituting “on the balance of probabilities”.

 

No 3  Page 1 - After line 25 insert new clause as follows:-

      ‘Insertion of s.14c

   3A.   The following section is inserted in the principal Act after section 14b:

   Annual Report

      14c.    (1)   The Attorney-General must, on or before 30 September in each year,                  present to the President of the Legislative Council and the Speaker of the                       House of Assembly a report on the operation and administration of this Act                     during the previous year.

       (2) The President and the Speaker must cause copies of the report to be laid before their respective Houses as soon as practicable after it is received.’

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

The Deputy Premier moved - That the amendments be disagreed to.

Question put.

 


Committee divided (No 5)

 


           Ayes, 26

 

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mr Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Wade (Teller)


   Noes, 9.

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Quirke

Ms Stevens

Ms White

Mr Atkinson (Teller)


 

So it was resolved in the affirmative.

____________

 

The House having resumed:

Hon H Allison reported that the Committee had considered the amendments referred to it and had resolved to disagree to the same.

 

     Natural Gas (Interim Supply)(Miscellaneous) Amendment Bill          Message No 149

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Natural Gas (Interim Supply) Act 1985, without any amendment.

     Legislative Council, 30 July 1996                 H P K Dunn, PRESIDENT

 

     Westpac/Challenge Bill                                  Message No 150

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the transfer to Westpac Banking Corporation of certain assets and liabilities of Challenge Bank Limited and for related purposes, without any amendment.

     Legislative Council, 30 July 1996                 H P K Dunn, PRESIDENT

 

     State Emergency Service (Miscellaneous) Amendment Bill        Message No 151

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the State Emergency Service Act 1987, without any amendment.

     Legislative Council, 30 July 1996                 H P K Dunn, PRESIDENT

 

12   Extension of time for adjournment

The Deputy Premier moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 


13   Statutes Amendment (Attorney-General’s Portfolio) Bill

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

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                        Clauses Nos 1 to 22 agreed to.

                        Clauses Nos 23 and 24 amended and agreed to.

                        Clauses Nos 25 to 36 agreed to.

                        Title agreed to.

____________

The House having resumed:

Hon H Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

14   Fair Trading (Miscellaneous) Amendment Bill

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

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

 

In Committee

                        Clauses Nos 1 to 4 agreed to.

                        Clause  No 5 amended and agreed to.

                        Clauses Nos 6 to 9 agreed to.

                        New Clause No 10 inserted.

                        Title agreed to.

____________

 

     The House having resumed:

Hon H Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

15   Adjournment

     House adjourned at 11.17 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

        For Thursday 1 August 1996

Notices of Motion: Private Members Bills/Committees/Regulations-

Mr Oswald to move - That the Thirtieth Report of the Public Works Committee on the Southern Expressway Stage One be noted.

 

Mrs Kotz to move - That the Twenty-First Report of the Environment Resources and Development Committee on the Vegetation Clearance Regulations pursuant to the Electricity Trust of South Australia Act 1946 be noted.

 

Notice of Motion  Other Motions-

Ms Grieg to move - That this House rejoices with Cathy Freeman in her Atlanta Olympic Games success and acknowledges her achievements as an example to all Australians in particular members of the Aboriginal community.

 

____________

 

 

     Present during the day - All Members except Mr D S Baker and Hon G A Ingerson.

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY