No 55

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 23 OCTOBER 2001

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) 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 34

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, viz.-

No. 45 of 2001       An Act to vest property of the Free Presbyterian Church; and for other purposes.

No. 46 of 2001       An Act to introduce measures for the minimisation of graffiti; to punish people responsible for graffiti; to provide for the removal of graffiti; to make consequential amendments to the Summary Offences Act 1953; and for other purposes.

No. 47 of 2001       An Act to amend the Building Work Contractors Act 1995, the Conveyances Act 1994, the Land Agents Act 1994; the Plumbers, Gas Fitters and Electricians Act 1995, the Second-hand Vehicle Dealers Act 1995, the Security and Investigation Agents Act 1995 and the Travel Agents Act 1986.

No. 48 of 2001       An Act to amend the Trade Measurement Act 1993.

No. 49 of 2001       An Act to amend the Survival of Causes of Action Act 1940.

No. 50 of 2001       An Act to amend the Constitution Act 1934.

No. 51 of 2001       An Act to amend the Constitution Act 1934 and the Governor’s Pensions Act 1976 to make provision for the salary and pension of future Governors.

Government House, 23 October 2001                                          E J Neal, GOVERNOR

 

3       Papers

The Speaker laid on the Table the following reports:

 

Joint Parliamentary Service – Report, 2000-2001.

 

Second Software Centre Inquiry which had been published pursuant to the resolution of the House of Assembly of 4 October (Paper No 239).

 


4       Papers

         The following Papers were tabled:

 

         By the Premier (Hon R G Kerin) –

               Office for the Commissioner for Public Employment – Report, 2000-2001

               Ministerial Statement – Role of the Crown Solicitor/Solicitor-General

               The Planning Strategy for South Australia – Report, 2000-2001

 

         By the Minister for Primary Industries and Resources (Hon R G Kerin) –

               Primary Industries and Resources South Australia – Report, 2000-2001

               South Australian Soil Conservation Council – Report, 2000-2001

               Veterinary Surgeons Board of South Australia – Report, 2000-2001

 

         By the Minister for Human Services (Hon D C Brown) –

               South Australian Community Housing Authority – Report, 2000-2001

               West Beach Trust – Report, 2000-2001

 

               Regulations under the following Acts –

                     Development – Railway Operations

                     Harbors and Navigation – Port

                     Local Government – Rates Notices

                     Motor Vehicles – P Plates

                     Road Traffic –

                           Alcohol Interlock

                           Emergency Stop

 

         By the Minister for Government Enterprises (Hon M H Armitage) –

               Lotteries Commission of South Australia – Report, 2000-2001

               President, Industrial Relations Commission and Senior Judge, Industrial Relations Court – Report, 2000-2001

               State Supply Board – Report, 2000-2001

 

         By the Minister for Education and Children’s Services (Hon M R Buckby) –

               Gaming Supervisory Authority –Report, 2000-2001

               Motor Accident Commission – Charter, September 2001

               Technical Regulator, Electricity – Report, 2000-2001

               Transmission Lessor Corporation – Report, 2000-2001

 

               Education Act – Regulations – Teachers Registration

 

         By the Minister for Environment and Heritage (Hon I F Evans) –

               Listening Devices Act – Report, 2000-2001

 

               Regulations under the following Acts –

                     Building Work Contractors – Licence Fees

                     Environment Protection – Railway Operations

                     Legal Practitioners – Fees and Levies

                     Liquor Licensing – Dry Areas - Adelaide

 

               Rules of Court – Supreme Court Act – Supreme Court – Admission Rules – Sub-rule

 

         By the Minister for Water Resources (Hon M K Brindal) –

               Renmark Irrigation Trust Act 1936 – Regulations – Capital Recoveries

 

         By the Minister for Local Government (Hon D C Kotz) –

               Local Government Finance Authority of South Australia –Report, 2000-2001.

 


5       Environment, Resources and Development Committee - Report – Annual Report 2000-2001

Mr Venning brought up the Forty-Fifth Report of the Environment, Resources and Development Committee being the Annual Report for 2000-2001.

Report received.

Ordered to be published (Paper No 237).

 

6       Public Works Committee - Report – Heathfield Wastewater Treatment Plant Environment Improvement Program and Upgrade – Final Report

Mr Lewis brought up the One Hundred and Fifty-Ninth Report of the Public Works Committee on the Heathfield Wastewater Treatment Plant Environment Improvement Program and Upgrade – Final Report.

Report received.

Ordered to be published (Paper No 238).

 

7       Questions

      Questions without notice were asked.

 

8       Suspension of Standing Orders

Mr Lewis, without notice, moved - That Standing Orders be so far suspended as to enable him 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.

 

         Clayton Report – Indemnities and prohibition of public funding of legal action - Motion re

         Mr Lewis then moved – That this House:

(a)     forbids the use of public funds being provided to any person against whom Mr Dean Clayton QC made adverse findings in his report entitled “Second Software Centre Inquiry” in action brought by such person for civil damages against Mr Clayton, and any person he in future chooses to name as having been an assistant to him in the process of investigating the matters which are the subject of the report and making the adverse findings;

(b)     extends all privilege and protection as may be necessary to Mr Clayton, and any person(s) he in future chooses to name as having assisted him in the preparation of his report, from being pursued for damages or liability of any kind by any person or party who was the subject of adverse findings, without limiting the extent to which he or they are privileged and protected by any other convention or law as may already exist.

         Debate ensued.

         Question put and passed.

 

9       Suspension of Standing Orders

Mr McEwen, without notice, moved - That Standing Orders be so far suspended as to enable him 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.

 

         Clayton Report to note and referral to Director of Public Prosecutions - Motion re

         Mr McEwen then moved – That this House notes the report and findings of the “Second Software Centre Inquiry”, and calls on the Government to refer the report to the Director of Public Prosecutions and take whatever other appropriate action that may be required to deal with all matters raised in the report.

         Debate ensued.

         Question put and passed.

 


10      Suspension of Standing Orders

Mr Foley, without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion, without notice, forthwith.

Question put and there being a negative voice.

House divided (No 1).

 


               Ayes, 24

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr Lewis

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Mr Foley (Teller)


Noes, 21

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon D C Wotton

Hon G M Gunn (Teller)


 

         So it was resolved in the affirmative.

 

         Auditor General’s Hindmarsh Stadium Inquiry – Invitation to report on the statements by the Member for Coles - Motion re

         Mr Foley then moved – That this House invites the Auditor-General at his earliest convenience to report to the House on the statements in the House of Assembly by the Member for Coles on Thursday 4 October 2001 relating to the report of the Auditor-General into the Hindmarsh Soccer Stadium.

         Debate ensued.

 

         Mr Lewis moved to amend the motion by leaving out all words after the word “That” and inserting the following words “this House establish a Committee to hear and consider evidence from the Auditor-General in relation to matters surrounding the Auditor-General’s Hindmarsh Stadium Inquiry and in particular, statements made by Members of this House in response to the Inquiry, that the Committee shall operate under the guidelines for, and have the privileges of a select committee of this House, that the Committee shall prepare a report of their hearings for the consideration of this House by Tuesday 30 October, 2001 and shall have the power to send for persons papers and records and to adjourn from place to place.

         Debate ensued.


         Ms Hurley moved – That the question be now put.

 

         Question put.

         House divided (No 2):

 


               Ayes, 22

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Mr Lewis

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Ms Hurley (Teller)


Noes, 22

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon D C Wotton

Hon G M Gunn (Teller)


 

 

Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes it is a fundamental principle of the Westminster System that every Member who wishes to speak to a debate should have an opportunity to do so.

So it passed in the negative.

Debate resumed.

 

         Division List - Correction of error

Ms Rankine called to the attention of the House an error in the Division list relating to the Question - "That the question be now put", on which occasion Ms Rankine voted for the Ayes, but was not recorded.

The Speaker stated that the Votes and Proceedings would be corrected accordingly and advised that the question had consequently been resolved in the affirmative.

 

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

         Question – That the motion be agreed to - put and negatived.

 

11      Suspension of Standing Orders

Mr Foley, without notice, moved - That Standing Orders be so far suspended as to enable him 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.

 

         Auditor General’s Hindmarsh Stadium Inquiry – Invitation to report on the statements by the Member for Coles - Motion re

         Mr Foley then moved – That this House invites the Auditor-General to report to the House on the statements in the House of Assembly by the Member for Coles on Thursday 4 October 2001 relating to the report of the Auditor-General into the Hindmarsh Soccer Stadium, which must be provided to the Parliament by Wednesday 24 October.

         Question put and passed

 

 

 

12      Correctional Services (Miscellaneous) Amendment Bill

The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Correctional Services Act 1992.

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 Conlon, that the debate be adjourned until tomorrow.

 

13      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.

 

14      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be and remain so far suspended as to enable the Report of the Auditor-General 2000-2001 to be referred to a Committee of the whole House and to enable Ministers to be examined on matters contained in the papers in accordance with the following timetable:

 

Premier, Minister for State Development, Minister for Multicultural Affairs, Minister for Tourism (30 minutes)

Minister for Primary Industries and Resources, Minister for Regional Development, Minister for Minerals and Energy, Minister Assisting the Deputy Premier (45 minutes)

Deputy Premier, Minister for Human Services (30 minutes)

Minister for Education and Children’s Services, Minister for Employment and Training, Minister for Youth (45 minutes)

Minister for Environment and Heritage, Minister for Recreation, Sport and Racing (30 Minutes)

Minister for Water Resources (30 minutes)

Minister for Government Enterprises, Minister for Information Economy (30 minutes)

Minister for Police, Correctional Services and Emergency Services (30 minutes)

Minister for Local Government, Minister for Aboriginal Affairs (30 minutes):

And to allow an adviser to be seated in a chair adjacent to the Minister.

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 2000-2001

The Deputy Premier, pursuant to order, moved – That the Speaker do now leave the Chair for consideration in Committee of the Report of the Auditor-General 2000-2001.

 

In Committee

Premier, Minister for State Development, Minister for Multicultural Affairs, Minister for Tourism (Hon R G Kerin) examined.

Minister for Primary Industries and Resources, Minister for Regional Development (Hon R G Kerin) and the Minister for Minerals and Energy, Minister Assisting the Deputy Premier (Hon W A Matthew) examined.

Deputy Premier, Minister for Human Services (Hon D C Brown) examined.

 

         To report progress and ask leave to sit again.

 

____________

 

 

 

         The House having resumed:

Hon D C Wotton reported that the Committee had examined the Ministers on matters contained in the Report referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again tomorrow.

 

15      Adjournment

         House adjourned at 10.36 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 24 October 2001

 

         Notices of Motion: Government Business

 

The Minister for Human Services to move – That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986.

 

         Notices of Motion: Committee Reports

 

Mr Venning to move – That the Forty-Fifth Report of the Environment, Resources and Development Committee being the Annual Report, 2000-01 be noted.

 

Mr Lewis to move – That the One Hundred and Fifty-Ninth Report of the Public Works Committee on the Heathfield Wastewater Treatment Plant Environment Improvement Program and Upgrade – Final Report be noted.

 

Mr Scalzi to move – That the Fourteenth Report of the Social Development Committee on an inquiry into Biotechnology – Part 1 – Health be noted.

 

 

 

____________

 

 

         Present during the day - All Members.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY