No 53

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 18 FEBRUARY 2003

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) 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 14

         The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts were assented to during the second session of the 50th Parliament, viz:

         No 41 of 2002       An Act to amend the Holidays Act 1910.

         No 42 of 2002       An Act to amend the South Australian Metropolitan Fire Service Act 1936.

         No 43 of 2002       An Act to amend the Environment Protection Act 1993 and the Radiation                                                Protection and Control Act 1982.

         No 44 of 2002       An Act to amend the Native Vegetation Act 1991 and to make a related                                                  amendment to the Development (Systems Improvement Program)                                                     Amendment Act 2000.

         No 45 of 2002       An Act to amend the Education Act 1972.

         No 46 of 2002       An Act to amend the Local Government Act 1999.

         No 47 of 2002       An Act to amend the Controlled Substances Act 1984.

         No 48 of 2002       An Act to provide for a scheme to protect and improve the environment and                                              agricultural production in the Upper South East through the proper                                                    conservation and management of water and the initiation or implementation                                      by the Government of the State of works and environmental management                                             programs and other initiatives; to make related amendments to the South                                        Eastern Water Conservation and Drainage Act 1992; and for other purposes.

         No 49 of 2002       An Act to amend the Criminal Law (Forensic Procedures) Act 1998.

         No 50 of 2002       An Act to refer matters relating to terrorist acts to the Parliament of the                                                   Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of                                       the Commonwealth.

         Government House, 18 February 2003                    M Jackson-Nelson, GOVERNOR

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Budget Results 2001-2002

 

      Regulations under the following Acts -

                  Petroleum Products Regulation – Prescribed Officers

                  Public Corporations – Economic Development Board

 

By the Minister for Emergency Services (Hon P F Conlon) –

      Emergency Services Administrative Unit – Report 2001-2002

 

By the Attorney-General (Hon M J Atkinson) –

      Election Report for the South Australian Elections – 9 February 2002

 

      Regulations under the following Acts -

                  Criminal Injuries Compensation – Scale of Costs

                  Legislation Revision and Publication – Environment Protection Act

                  Listening and Surveillance Devices – Records, Warrants

                  Victims of Crime –

                        Application, Costs, Levy

                        Imposition of Levy

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Acts -

                  Liquor Licensing – Dry Areas –

                           Barmera, Berri, Paringa Renmark

                           Beaches

                           Coober Pedy

                           Port Pirie

                           Tumby Bay

 

By the Minister for Education and Children’s Services (Hon P L White) –

      Regulations under the following Act -

                  Senior Secondary School Assessment Board of South Australia – Subjects

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Regulations under the following Acts -

                  Dog Fence – Variation

                  Upper South East Dryland Salinity and Flood Management – Protection from                                     Interference

 

By the Minister for Transport (Hon M J Wright) –

      Salisbury Level Crossing Review – Report, January 2003

 

      Regulations under the following Acts -

                  Harbors and Navigation – Time Extension in 2003

                  Motor Vehicles – Speed Penalties Variation

                  Road Traffic –

                        Expiation Penalties

                        Speed Limit Variation

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

            Alpaca Advisory Group (AAG) – Annual Report 2001-2002

      South Australian Goat Advisory Group – Annual Report 2001-2002

      South Australian Deer Advisory Group – Annual Report 2001-2002

     

Regulations under the following Acts -

                  Fisheries –

                        Catch Quotas

                        Delivery of Abalone

                        Pilchard

                        Undersized Abalone

                  Mines and Works Inspections – Approval of Activities

                  Primary Industry Funding Scheme – Marine Scalefish


 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Regulations under the following Act -

                  Development –

                        Fees, Building Work

                        Significant Trees Variation

                        Upper South East Act

 

By the Minister for Gambling (Hon J W Weatherill) –

      Rules -

                  Authorised Betting Operations – Bookmakers Licensing Rules – Display of Odds

 

By the Minister for Local Government (Hon R J McEwen) –

      Local Council By-Laws –

                  City of Campbelltown

                        No 5 Dogs

                  City of Mount Gambier – General

                  Cobber Pedy – 

                        No 1 – Permits and Penalties

                        No 2 – Moveable Signs

                        No 3 – Local Government Land

                        No 4 – Roads

                        No 5 – Nuisances

                        No 6 – Dogs

                  Copper Coast –

                        No 3 Local Government Land

                        No 3 Local Government Land – Erratum

                        No 4 Roads

                        No 5 Moveable Signs

                  Mid Murray –

                        No 1 – Permits and Penalties

                        No 2 – Moveable Signs

                        No 3 – Roads

                        No 4 – Local Government Land

                        No 5 – Dogs and Cats

                        No 6 – Bird Scarers

                  Murray Bridge

                        No 1 – Permits and Penalties

                        No 2 – Local Government Land

                        No 3 – Roads

                        No 4 – Moveable Signs

                        No 5 – Dogs

                        No 6 – Lodging Houses

                        No 7 – Taxis

                        No 8 – Nuisances caused by Building Sites

                  Peterborough –

                        No 1 – Permits and Penalties

                        No 2 – Moveable Signs

                        No 3 – Roads

                        No 4 – Local Government Land

                        No 5 – Dogs

 

5       Speaker's Statement – Members Access to Parliament

The Speaker made a statement relating to Members access to Parliament.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Health and Community Services Complaints 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 and 2 agreed to.

                                                New Clause No 2A inserted.

                                                Clause No 3 read.

 

Hon D C Brown moved on page 5, after line 9 to insert:

"Commissioner means the Health and Community Services Complaints Commissioner appointed under Part 2 (and includes a person acting in that office from time to time);

 

         Question – That the amendment be agreed to - put.

         Committee divided (No 1):

 

           Ayes, 20

 

           Noes, 25

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown (Teller)

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Ms Maywald

Mr Meier

Mr McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

 

Hon L Stevens (Teller)

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

         So it passed in the negative.

 

Hon D C Brown moved on page 5, after line 21 to insert:

        (fa) a service provided by a volunteer; or


 

         Question – That the amendment be agreed to - put.

         Committee divided (No 2):

 

           Ayes, 22

 

           Noes, 24

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown (Teller)

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon GM Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Mr McEwen

Ms Maywald

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens (Teller)

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

         So it passed in the negative.

 

Mr Scalzi moved on page 6, after line 26 to insert:

             “domestic co-dependent”, in relation to a deceased person, means a person who, immediately before the death of the person, had been cohabiting with the person in a genuine domestic relationship and who had so cohabited continuously over the period of five years immediately preceding the death of the person, or for periods aggregating five years over the period of six years immediately preceding the death of the person;

 

         Question – That the amendment be agreed to - put.

         Committee divided (No 3):

 

           Ayes, 17

 

           Noes, 23

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Ms Chapman

Ms Breuer

Mr Goldsworthy

Mr Caica

Hon GM Gunn

Ms Ciccarello

Mrs Hall

Hon P F Conlon

Mr Hamilton-Smith

Hon K O Foley

Hon R G Kerin

Mrs Geraghty

Hon D C Kotz

Mr Hanna

Hon P Lewis

Hon J D Hill

Ms Maywald

Hon S W Key

Dr McFetridge

Mr Koutsantonis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Mr O'Brien

Mr Scalzi (Teller)

Ms Rankine

Mr Venning

Hon M D Rann

Mr Williams

Mr Rau

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens (Teller)

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

         So it passed in the negative.

 


 

Hon D C Brown moved on page 7, line 16 to leave out paragraph (c) and insert:

(c )a diagnostic service; or

         (ca) a service provided as part of a preventative health care program, including a screening service and an immunisation program; or

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

 

Hon D C Brown moved on page 7, line 25 to leave out "a social, welfare, recreational or leisure service" and insert:

        a social work service or a welfare service

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

 

Hon D C Brown moved on page 7, after line 31 to insert:

       (ka) a service provided by a volunteer;

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

 

Hon D C Brown moved on page 8, after line 21 to insert:

       "public authority" means—

                (a) a government agency; or

                (b) a body included within the ambit of this definition by the regulations;

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

 

                                                Clause otherwise amended and agreed to.

      

Hon D C Brown moved on page 9, after line 8 to insert new clause 3A as follows:

             Application of Act

       3A. (1) Subject to subsection (2), this Act applies to or in relation to a health or community service provided—

       (a)by a public authority, whether or not the service is provided for fee or reward; or

       (b)by a person or body, other than a public authority, who or that provides that service for a fee or other form of reward that is charged or payable at normal commercial rates.

       (2) If—

       (a) a service is provided by an approved provider under the Aged Care Act 1997 of the Commonwealth; and

       (b) a complaints resolution mechanism has been established under Division 56 of Part 4.2 of that Act in relation to the service,

       then this Act does not apply to or in relation to the service.

         Question – That new clause No 3A be inserted – put and negatived.

 

                                                Clause 4 read

 

Hon D C Brown moved on page 10, line 7 to leave out subclause (2) and insert:

              (2) The office of the HCS Ombudsman will be held by the person for the time being holding the office of State Ombudsman.

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

 

                                                Clause agreed to.

                                                Clauses 5 to 7 agreed to.

                                                Clause 8 read

        

Hon D C Brown moved on page 12, lines 16 and 17 to leave out paragraph (l)

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

 

                                                Clause otherwise amended and agreed to.

                                                Clauses Nos 9 and 10 agreed to.

                                                Clause No 11 amended and agreed to.

                                                Clause No 12 agreed to.

                                                Clause No 13 amended and agreed to.

                                                New Clause No 13A inserted.

                                                Clauses Nos 14 to 18 agreed to.

                                                Clause No 19 read.

 

Hon D C Brown moved on page 15, line 28 to leave out ", needs and wishes" and insert:

             and any requirements that are reasonably necessary to ensure that he or she receives appropriate treatment (if relevant)

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

 

                                                Clause otherwise amended and agreed to.

                                                Clause No 20 agreed to.

                                                Clause No 21 amended and agreed to.

                                                Clause No 22 read.

 

Hon D C Brown moved on page 18, lines 24 to 26 to leave out paragraph (j).

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

 

Hon D C Brown moved on page 19, after line 4 to insert:

              (3a) Subsection (1)(a) does not apply in relation to a decision to discontinue the provision of services to a particular person where the health or community service provider is under no duty to continue to provide those services.

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

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

9       Extension of time for adjournment

Ordered, on motion of Hon L Stevens - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

10      Health and Community Services Complaints Bill

         Ordered – That the further consideration in Committee of this Bill be now resumed.

 

                                                            In Committee

                                                Clause No 22 further considered, otherwise amended and agreed to.

                                                Clause No 23 read.

Hon D C Brown moved on page 19, lines 9 and 10 to leave out clause 23 and insert new clause as follows:

Form of complaint

23. (1) A person may complain to the HCS Ombudsman orally or in writing.

       (2) If the HCS Ombudsman receives an oral complaint, the HCS Ombudsman must require the person to confirm the complaint in writing unless the HCS Ombudsman is satisfied that there is good reason why the complaint should not be made in writing.

       (3) The HCS Ombudsman may require a person making a complaint to provide—

       (a) his or her name and address; and

       (b) reasonable information about the grounds on which the complaint is made; and

       (c) details of any action that the complainant has taken to attempt to resolve the matter with the health or community service provider; and

       (d) any other details considered by the HCS Ombudsman to be reasonably necessary to enable the complaint to be assessed under Division 2.

       (4) The HCS Ombudsman may assist a person to make a complaint if the person requests or requires assistance.

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

                                                Clause otherwise amended and agreed to.

                                                Clause No 24 read.

 

The Minister for Health moved on page 19, lines 12 to 15 to leave out subclause (1) and insert:

       (1) Subject to subsection (1a), a complaint must be made within two years from the day on which the complainant first had notice of the circumstances giving rise to the complaint.

       (1a) The HCS Ombudsman may extend the period under subsection (1) in a particular case if satisfied that it is appropriate to do so after taking into account—

(a) whether a proper investigation of the complaint should still be possible; and

(b) whether the complaint should still be amenable to resolution under the provisions of this Act; and

(c) whether it would be in the public interest to entertain the complaint; and

(d) any other matter considered relevant by the HCS Ombudsman.

 

   Amendment to amendment

       Hon D C Brown moved to amend the amendment by leaving out the word, "two" and inserting:

             “one”.

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

         Question – That the amendment to clause 24 be agreed to – put and passed.

 

                                                Clause No 24 as amended, agreed to.

                                                Clause No 25 agreed to.

                                                Clause No 26 amended and agreed to.

                                                Clause No 27 read.

 

Hon D C Brown moved on page 21, after line 16 to insert:

       (12) For the purposes of conducting any inquiry or informal mediation under this section, the HCS Ombudsman may obtain the assistance of a professional mentor.

       (13) The HCS Ombudsman may discuss any matter relevant to making a determination under section 26 or with respect to the operation of this section with a professional mentor.

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

 

                                                Clause otherwise amended and agreed to

                                                Clauses Nos 28 and 29 agreed to.

                                                Clause No 30 amended and agreed to.

                                                Clause No 31 amended and agreed to.

                                                Clauses Nos 32 to 41 agreed to.

                                                Clause No 42 amended and agreed to.

                                                Clause No 43 read.

 

   Mrs Redmond moved on, page 28, lines 2 and 3 to leave out "a person required to appear or to           produce documents under this Part" and insert:

   the person to whom an investigation relates and any other person who appears or produces documents under this Part (a "party")


 

         Question put.

         Committee divided (No 4):

 

           Ayes, 22

 

           Noes, 24

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon GM Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Mr McEwen

Ms Maywald

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond (Teller)

Mr Snelling

Mr Scalzi

Hon L Stevens (Teller)

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

         So it passed in the negative.

 

                                                Clause otherwise amended and agreed to.

                                                Clause No 44 read.

 

Hon D C Brown moved on page 28, after line 20 to insert:

       (3a) A notice under subsection (2) must provide a reasonable period of time for compliance with a requirement under that subsection.

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

 

Hon D C Brown moved on page 28, after line 25 to insert:

       (6) A requirement under this section cannot be directed to a registration authority.

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

 

                                                Clause otherwise amended and agreed to.

                                                Clause No 45 read.

 

Hon D C Brown moved on page 28, after line 29 to insert:

       (1a) If the HCS Ombudsman or another person acting under section 44(2) examines a person on oath or affirmation (the "witness"), any other person who is a party to the proceedings, or who is a representative of a party to the proceedings, has a right to cross‑examine the witness.

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

 

                                                Clause agreed to.

                                                Clause No 46 read.

 

         Hon D C Brown moved on page 29, after line 26—Insert:

              (5) A warrant cannot relate to the premises of a registration authority.

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

 

                                                Clause agreed to.

                                                Clauses Nos 47 to 50 agreed to.

                                                Clause No 51 read.


 

Hon D C Brown moved to leave out this clause and insert new clause as follows:

              51. (1) The HCS Ombudsman may prepare a report of his or her findings or conclusions at any time during an investigation.

       (2) If, at the conclusion of an investigation, the HCS Ombudsman decides that a complaint against a health or community service provider is justified but appears to be incapable of being resolved, the HCS Ombudsman may provide to the service provider a notice of recommended action.

              (3) A notice must set out—

       (a) the particulars of the complaint; and

       (b) the reasons for making the decision referred to in subsection (2); and

       (c) any action that the HCS Ombudsman considers the service provider ought to take in order to remedy each unresolved grievance disclosed by the complaint.

              (4) If the service provider is a registered service provider, the HCS Ombudsman must provide a copy of the notice to the relevant registration authority.

              (5) The HCS Ombudsman must then allow the service provider and, if relevant, a registration authority, at least 28 days to make representations in relation the matter.

              (6) A service provider may, in making representations under subsection (5), advise the HCS Ombudsman of what action (if any) the service provider has taken, or intends to take, in response to the matters raised in the notice.

              (7) After receipt of representations under subsection (5), or after the expiration of the period allowed under that subsection (5), the HCS Ombudsman may publish a report or reports in relation to the matter in such manner as the HCS Ombudsman thinks fit.

              (8) The HCS Ombudsman must, before publishing a report under subsection (7), furnish a draft report to the service provider and then allow the service provider at least 14 days to make representations in relation to the content of the reports.

              (9) A report under this section may include such material, comments, commentary, opinions or recommendations as the HCS Commissioner considers appropriate.

              (10) However, the HCS Ombudsman must not include in a report under this section—

       (a) the name of a complainant, without first obtaining the consent of the complainant; or

       (b) unless a draft of the report has already been provided to the service provider under subsection (8), a comment adverse to a service provider named in the report, without first giving the service provider at least 14 days to make representations to the HCS Ombudsman in relation to the proposed comment.

              (11) The HCS Ombudsman may provide copies of a report to such persons as the HCS Ombudsman thinks fit.

              (12) The HCS Ombudsman must provide a copy of a report to any complainant and service provider that has been a party to the relevant proceedings.

              (13) A private service provider named in a report of the HCS Ombudsman may appeal to the Administrative and Disciplinary Division of the District Court (the Court) against any part of the contents of the report that relates to the service provider—

       (a) on the ground that it is unreasonable to include particular material in the report; or

       (b) on the ground that a comment, commentary or opinion is unfair, or a recommendation unreasonable.

              (14) An appeal must be made within 14 days after the service provider receives a copy of the report under subsection (12).

              (15) The Court may, on an appeal—

       (a) determine that the report should stand; or

       (b) remit the matter to the HCS Ombudsman for further consideration in accordance with any directions of the Court; or

       (c) direct the HCS Ombudsman to take steps specified by the Court (which may include the publication of a new or revised report or other statements or materials).

              (16) In this section—

"private service provider" means a health or community service provider other than a public authority.


 

         Question – That the amendment be agreed to - put.

         Committee divided (No 5):

 

           Ayes, 21

 

           Noes, 25

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown (Teller)

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon GM Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon P Lewis

Ms Maywald

Hon J D Lomax-Smith

Dr McFetridge

Mr McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Hon M D Rann

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens (Teller)

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

         So it passed in the negative.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

11      Suspension of Standing Orders

The Minister for Health, 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.

 

12      Health and Community Services Complaints Bill

         Ordered – That the further consideration in Committee of this Bill be now resumed.

 

                                                            In Committee

                                                Clause No 51 further considered and agreed to.

                                                Clause No 52 amended and agreed to.

                                                New Clause No 52A inserted.

 

Hon D C Brown moved on page 31, after line 23 to insert new clause 52B:

                                           DIVISION 5—PROFESSIONAL MENTOR

Professional mentor

       52B.   (1) The HCS Ombudsman may appoint a professional mentor to advise the HCS Ombudsman or a person acting as an investigator under this Part on any matter relevant to an investigation.

       (2) The HCS Ombudsman or other person may discuss any relevant matter with the professional mentor.

       (3) If a complaint is made against a registered service provider, the relevant registration authority may request the HCS Ombudsman to appoint a professional mentor under this section.

       (4) On receiving a request under subsection (3), the HCS Ombudsman must consult with the relevant registration authority and, unless there are compelling reasons for not doing so, must appoint a professional mentor.

       (5) If a person who is appointed as a professional mentor under subsection (3) is a member of the relevant registration authority, the person must not take part in any proceedings of the registration authority concerning the registered service provider that are related to the subject-matter of the investigation under this Part.

         Question – That the new clause 52B be inserted – put and negatived.

 

                                                Clauses Nos 53 to 55 agreed to.

                                                Clause No 56 amended and agreed to.

                                                Clause No 57 amended and agreed to.

____________

 

It being Midnight

WEDNESDAY 19 FEBRUARY

____________

 

                                                Clauses Nos 58 to 62 agreed to.

                                                Clause No 63 amended and agreed to.

                                                Clauses Nos 64 to 68 agreed to.

                                                Clause No 69 amended and agreed to.

                                                Clauses Nos 70 to 71 agreed to.

                                                Clause No 72 read.

 

         Question put.

         Committee divided (No 6):

 

           Ayes, 25

           Noes, 20

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown (Teller)

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Hanna

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Hon W A Matthew

Hon I P Lewis

Ms Maywald

Mr McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Hon M D Rann

Mrs Redmond

Mr Rau

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens (Teller)

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

 

         So it was resolved in the affirmative.

 

                                                Clause amended and agreed to.

                                                Clause No 73 agreed to.

                                                Clause No 74 read.

 

The Hon D C Brown moved on page 42, after line 17 to insert:

       (4) Subsection (1) does not apply in relation to a decision to discontinue the provision of services to a particular person where the health or community service provider is under no duty to continue to provide those services.

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

 

                                                Clause agreed to.

                                                Clauses Nos 75 and 76 agreed to.

 

The Hon D C Brown moved on page 42, after line 32 to insert new clause 76A:

       Protection of certain information

       76A. Nothing in this Act requires the production or provision of information held under section 64D of the South Australian Health Commission Act 1976.

         Question – That new clause No 76A be inserted – put and negatived.

 

                                                Clause No 77 read.

 

The Hon D C Brown moved on page 43, after line 13 to insert:

              (2) A person who does anything in accordance with this Act, or as required by or under this Act, cannot, by so doing, be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.

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

 

                                                Clause agreed to.

                                                Clauses Nos 78 and 79 agreed to.

 

The Hon D C Brown moved on page 43, after line 30 to insert new clause 79A:

       Consideration of available resources

       79A. (1) A recommendation of the HCS Ombudsman under this Act in relation to a service must be made in a way that to give effect to it—

       (a) would not be beyond the resources appropriate for the provision or delivery of services of the relevant kind; and

       (b) if relevant, would not be inconsistent with the way in which those resources have been allocated by a Minister, chief executive or administrative unit in accordance with government policy.

       (2) In subsection (1)—

    "chief executive" means a chief executive under the Public Sector Management Act 1995.

         Question – That the new clause No 79A be inserted – put and negatived.

 

                                                Clause No 80 read.

 

The Hon D C Brown moved on page 44, lines 1 to 5 to leave out paragraph (b).

 

         Question put.

         Committee divided (No 7):

 

           Ayes, 16

 

           Noes, 18

Mr Brindal

Hon M J Atkinson

Hon D C Brown (Teller)

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon R G Kerin

Hon S W Key

Hon P Lewis

Mr Koutsantonis

Dr McFetridge

Mr McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens (Teller)

Mr Williams

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

         So it passed in the negative.

 

                                                Clause otherwise amended and agreed to.

                                                New clause No 80A inserted

                                                Clause No 81 read.

 

Hon D C Brown moved on page 44, line 24 to leave out "two years" and insert:

one year

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

 

                                                Clause agreed to.

                                                Schedule agreed to.

                                                Title agreed to.

__________

 

         The House having resumed:

The Hon R B Such 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.

 

13      Messages from the Legislative Council

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

 

         Joint Parliamentary Service Committee                                                 Message No 71

MR SPEAKER - The Legislative Council informs the House of Assembly that it has appointed the Hon J S L Dawkins in place of the Hon C V Schafer (resigned) on the Joint Parliamentary Service Committee pursuant to section 5 of the Parliament (Joint Services) Act 1985, and has appointed the Hon TJ Stephens to be the alternate Member to the Hon JSL Dawkins.

         Legislative Council, 18 February 2003                                             R R Roberts, PRESIDENT

 

14      Adjournment

House adjourned at 1.21 am until today at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

            For Wednesday 19 February 2003

Notices of Motion: Government Business -

The Attorney-General to move – That he have leave to introduce a Bill for an Act to provide for the appointment of the State Coroner and other coroners; to establish the Coroner’s Court; to make related amendments to other Acts and stautory requirements; to repeal the Coroners Act 1975; and for other purposes.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988.

 

The Minister for Health to move – That she have leave to introduce a Bill for an Act to regulate certain activities involving the use of human embryos and other related activities; to amend the Reproductive Technology Act 1988; and for other purposes.

 

The Minister for Health to move – That she have leave to introduce a Bill for an Act to prohibit human cloning and other unacceptable practices associated with reproductive technology and for other purposes.

 

The Minister for Transport to move – That he have leave to introduce a Bill for an Act to amend the Passenger Transport Act 1994 and to make make related amendments to the Road Traffic Act 1961 and the Superannuation Act 1988.

 

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

 

Mr Brindal to move – That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

 

Mr Hanna to move – That it is the opinion of this House, a Joint Committee be appointed to inquire into and report upon -  

(i)         whether minors in South Australian institutional care in the past 30 years, were subjected to systematic sexual abuse;

(ii)       what measures were in place to safeguard against any such abuse and how such measures failed; and

(iii)      how any victims of such abuse might best be assisted in their healing process:

and In the event of a Joint Committee being appointed, that the House of Assembly be represented on the Committee by three Members, of whom two shall form a quorum of Assembly Members necessary to be present at all sittings of the Committee; and that a message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

 

            For Thursday 20 February 2003

 

Notices of Motion: Other Motions

 

Hon I F Evans to move – That this House calls upon the Federal Leader of the Opposition to inform the South Australian public where the Federal Labor Party intends to store more than two thousand cubic metres of radio-active waste which was first stored in an old hanger at Woomera in 1994 by the former Labor Government.

 

Mr Brokenshire to move – That this House congratulates all Country Fire Service volunteers and staff  and other Government agency personnel for their willingness, dedication and professionalism in answering the call for assistance from Victoria during the recent bushfire disasters.

 

Mr Brokenshire to move – That this House congratulates the organising committee and participants of the inaugural Police and Emergency Services Games held last year as part of the lead up to the World Police and Fire Games to be held in Adelaide in 2007.

 

 

      For Wednesday 27 March 2003

 

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

 

Mr Brindal to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation  Act 1935.

 

Mr Brindal to move – That he have leave to introduce a Bill for an Act to amend the Parliamentary Committees Act 1991.

 

Mr Brindal to move – That he have leave to introduce a Bill for an Act to amend the City of Adelaide Act 1998.

 

Mr Brindal to move – That he have leave to introduce a Bill for an Act to amend the Water Resources Act 1997.

 

Mr Brindal to move – That he have leave to introduce a Bill for an Act to amend the Validation of Land Act 1971.


 

Notices of Motion

 

Hon I F Evans to move – That this House calls on the Federal Leader of the Opposition to explain why, as the former Federal Minister for Primary Industries and Energy, he wrote to the former Bannon Government in 1991 about the pressing need for national disposal facilities for radio-active wastes produced in Australia.

 

            For Thursday 3 April 2003

 

Hon I F Evans to move – This House condemns the former Keating Government for transporting more than two thousand cubic metres of radio-active waste and storing it in an old hanger at Woomera.

 

            For Thursday 1 May 2003

 

Hon I F Evans to move – That this House calls on the Federal Leader of the Opposition to explain why the former Keating Government released a paper identifying eight regions in Australia as possible sites for a national low level radio-active waste repository and acknowledging that five of these regions were either totally or partially located in South Australia.

 

            For Thursday 15 May 2003

 

Hon I F Evans to move – That this House calls on the Federal Leader of the Opposition to explain why, as the former Federal Minister for Primary Industries and Energy, he released a discussion paper in 1991 to identify a suitable site for a national repository for radio-active waste.

 

            For Thursday 29 May 2003

 

Hon I F Evans to move – That this House calls on the Federal Leader of the Opposition to explain why the Federal Labor Party supported both a Commonwealth Public Works Committee recommendation and a separate Select Committee recommendation to establish a national repository for radio-active waste, which included possible South Australian sites.

____________

 


 

Present during the day - All Members.

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 3 -

               Ayes - Mr Brindal and Hon M R Buckby.

               Noes – Hon R McEwen and Hon M J Wright.

 

         Division No 7 -

               Ayes -Hon M D Rann, Hon J D Lomax-Smith, Hon P F Conlon, Hon P L White, Hon J D Hill,                    Mr Hanna.

               Noes - Mr Brokenshire, Hon M R Buckby, Hon G M Gunn, Hon D C Kotz, Hon W A                     Matthew, Mrs Maywald.

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY