No 54

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 19 FEBRUARY 2003

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Petitions Nos 82 to 83

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

 

82   Hon R B Such, from 5 540 residents of South Australia, requesting the House to support the introduction of legislation preventing the burial sites of South Australian people from being dug up and reused when leases are not renewed and providing protection of such sites in perpetuity.

 

83   Mr Brokenshire, from 206 residents of South Australia, requesting the House to urge the Government to provide intensive care facilities at Noarlunga Hospital.

 

3       Papers

         The following Papers were tabled:

 

By the Minister for the Arts (Hon M D Rann) –

      Regulations under the following Act:

                  Public Corporations – Ring Corporation Dissolution

 

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

      SABOR Ltd Financial Report 2001-2002.

 

4       Legislative Review Committee - Reports – Nineteenth and Twentieth

 

Nineteenth Report

Mr Hanna brought up the 19th Report of the Legislative Review Committee.

Report received and read as follows:

 

The Regulation listed hereunder is at present being considered by the Legislative Review Committee. Evidence is being taken on this matter and it is necessary for Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

Honourable Members are warned that after further consideration has been given to the Regulation, the Committee may decide to take no further action.

 

Regulation referred to:

      Motor Vehicles Act 1959 – Accident Towing Roster Vacancies.

 

Twentieth Report

Mr Hanna brought up the 20th Report of the Committee.

Report received.


 

5       Questions

Questions without notice were asked.

Ordered, on motion of the Minister for Government Enterprises (Hon P F Conlon) - That the period for asking questions without notice be extended by 5 minutes.

Questions without notice resumed.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 to 7, 9 and 11 to 15 be postponed until Wednesday 26 March 2003.

 

8       Joint Committee on Sexual Abuse of Minors in Institutional Care - Motion re

Mr Hanna, pursuant to notice, moved - 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.

Ordered, on motion of Mr Meier, that the debate be adjourned until Wednesday 26 March 2003.

 

9       Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 7 be postponed until Wednesday 26 March 2003.

 

10      Prevention of Cruelty to Animals (Prohibited Surgical and Medical Procedures) Amendment Bill

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

Mrs Geraghty moved – That the debate be further adjourned.

 

         Question put.

         House divided (No 1):

 

           Ayes, 24

           Noes, 21

 

Hon M J Atkinson

Mr Brindal

Ms Bedford (Teller)

Mr Brokenshire

Ms Breuer

Hon D C Brown

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

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Mr Hanna

Hon J D Lomax-Smith

Hon R G Kerin

Mr McEwen

Hon W A Matthew

Mr O'Brien

Ms Maywald

Ms Rankine

Dr McFetridge (Teller)

Hon M D Rann

Mr Meier

Mr Rau

Mrs Penfold

Mr Snelling

Mrs Redmond

Hon L Stevens

Mr Scalzi

Hon R B Such

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

 

         So it was resolved in the affirmative.

         Ordered – That the adjourned debate be an Order of the Day for Wednesday 26 March 2003.

 

11      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 9 to 13 be postponed until Wednesday 26 March 2003.

 

12      Standing Committee on the River Murray - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Brindal - That this House establish a Standing Committee of this House on the River Murray.

Mr Hanna moved to amend the motion by leaving out the words “the River Murray” and inserting in lieu thereof “Natural Resources”.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 26 March 2003.

 

13      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 15 and 16 be postponed until Wednesday 26 March 2003.

 

14      Suspension of Standing Orders

Mr Williams, without notice, moved - That Standing Orders be so far suspended as to enable the moving of a motion forthwith for the rescission of a vote taken in the House today.

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

 

         Rescission of Vote

Mr Williams then moved - That the vote to adjourn Order of the Day: Private Members Bills/Committee/Regulations No 9 be rescinded.

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

 

15      Water Resources (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

                                                            Clause No 1 agreed to.

                                                            Clause No 2 left out.

                                                            Clause No 3 agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Mr Snelling 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.

 

16      Coroners Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - 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 statutory instruments; to repeal the Coroners Act 1975; 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 Hon W A Matthew, that the debate be adjourned until tomorrow.


 

17      Criminal Law (Sentencing) (Serious Repeat Offenders) Amendment Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988.

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 Hon W A Matthew, that the debate be adjourned until tomorrow.

 

18      Postponement of business

Ordered - That Notice of Motion: Government Business No 3 be postponed and taken into consideration after Notice of Motion: Government Business No 4.

 

19      Prohibition of Human Cloning Bill

The Minister for Health (Hon L Stevens) moved - 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.

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 Hon W A Matthew, that the debate be adjourned until tomorrow.

 

20      Research Involving Human Embryos Bill

The Minister for Health (Hon L Stevens) moved - 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.

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 Hon W A Matthew, that the debate be adjourned until tomorrow.

 

21      Passenger Transport (Dissolution of Passenger Transport Board) Amendment Bill

The Minister for Transport (Hon M J Wright) moved - That she have leave to introduce a Bill for an Act to amend the Passenger Transport act 1994 and to make related amendments to the Road Traffic Act 1961 and the Superannuation Act 1988.

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 Hon W A Matthew, that the debate be adjourned until tomorrow.

 

22      Suspension of Standing Orders

The Minister for Government Enterprises (Hon P F Conlon), without notice, moved - That Standing Orders be so far suspended as to enable the Premier to move a motion on a matter of public importance, without notice, forthwith; for the maximum time allocated for each speaker to the motion to be ten minutes, except for the Premier and one Member of the Opposition; and for the matter to stand withdrawn at the expiration of three hours. 

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

 

         Matter of Public Importance - Likelihood of War with Iraq

The Premier (Hon M D Rann) then moved – That this House notes the increasing likelihood of war with Iraq and the potential involvement of Australian troops in such a conflict.

Debate ensued.

 


 

23      Extension of time for adjournment

Ordered, on motion of the Minister for Government Enterprises - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

24      Matter of Public Importance - Likelihood of War with Iraq

Debate (interrupted by the foregoing) resumed.

Motion withdrawn.

 

25      Speaker's Statement – sub judice

The Speaker made a statement advising Members not to canvass a matter that was known to be before a court.

 

26      Adjournment

House adjourned at 10.44 pm until tomorrow at 10.30 am.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 20 February 2003

 

Notice of Motion: Other Motions -

 

Hon I F Evans to move – That this House calls on the Premier to direct the Treasurer to release all responses to the question asked by the Member for Heysen during Estimates Committee A on 30 July 2002 relating to the $967M saving strategy announced by the Government.

 

            For Wednesday 26 February 2003

 

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

 

Mr Brokenshire to move – That this House establish a Select Committee to inquire into and report upon bushfire prevention, planning and management issues between Government and non-Government agencies, and in particular -

(a)       current policies, practices and support for community education, awareness and planning to prevent bushfires on properties, and whether existing powers need to be strengthened to ensure that people who are not prepared to clean up their properties can be forced to do so by the relevant authorities;

(b)       current policies on bushfire prevention, cold burns and fire breaks on land under the control of the State Government and especially National Parks and Conservation Parks, whether those policies are being effectively implemented and whether there should be a broadening of mosaic burns in National Parks;

(c)       to examine planning controls of Local Governments across the State, to examine whether Councils have suitable planning and policy controls for bushfire prevention and whether or not there should be a recommendation for common planning and bushfire prevention controls across Local Government;

(d)       to examine the role and responsibilities for bushfire prevention between Local and State Government agencies;

(e)       to investigate whether the Country Fires Act 1989 needs to be strengthened to give the County Fire Service more control over enforcing bushfire prevention;

(f)         to evaluate recent programs, namely, bushfire blitz, and community safety  and education programs to see which has the best effect on bushfire  prevention and planning for a community and whether that program should be extended beyond the Adelaide Hills and Fleurieu Peninsula to cover other rural  areas;

(g)       current and future methods of advising the community of the issues  around fires, once they have started in their area;

(h)       the provisions of the Native Vegetation Act 1991 to assess hazard reduction and fire breaks; and

(i)         the current and future funding requirements for the Country Fire Service.

 

Mr Hanna to move – That the Regulations under the Motor Vehicles Act 1959 entitled Towing Roster Vacancies made on 14 November 2002 and laid on the table of this House on 19 November 2002, be disallowed.

 

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY