No. 55

 

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

                                                                          WEDNESDAY 12 APRIL 1995

 

 

 1         Meeting of House

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

 

2         Conference - Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill

                  The Deputy Premier (Hon. S. J. Baker) moved - That the sitting of House be continued during the Conference with the Legislative Council on this Bill.

                  Question put and passed.

 

3         Petitions Nos 177 to 179

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

                 

                  177     Hon. F. T. Blevins, from 19 residents of South Australia, requesting that the House urge the Government to repeal the new cleaning specifications for schools in South Australia.

 

                  178    Mr Brindal, from 76 residents of South Australia, requesting that the House oppose the closure of railway stations along the Belair Line.

 

                  179    Mr Brokenshire, from 617 residents of South Australia, requesting the House to review the staffing formula for schools, reaffirm the commitment to the curriculum guarantee for secondary students, and review the timing and application of the staffing formula so as not to disturb the new school year.

 

4         Police Complaints Authority Report

                  The Speaker laid on the Table the Reports of the Police Complaints Authority for 1991-92, 1992-93 and 1993-94.

 

5         Paper

                  The following Paper was tabled:

 

                  By the Minister for Infrastructure (Hon. J.W. Olsen) -

                              Statutory Authorities Review Committee, response to - Review of Electricity Trust of South Australia.

 

                  By the Minister for Emergency Services (Hon. W.A. Matthew) -

                              Public Works Committee, response to - Report on the Port Augusta Police Complex

 

6         Economic and Finance Committee - Report -  Compulsory Third Party Property Motor Vehicle Insurance

                  Mr Becker brought up the Fourteenth Report of the Committee relating to Compulsory Third Party Property Motor Vehicle Insurance.

                  Report received.

                  Ordered to be printed (Paper No. 201).


            Legislative Review Committee - Report

                  Mr Cummins brought up the Twenty-Fourth Report of the Committee.

                  Report received.

 

7          Questions

                  Questions without notice were asked.

 

            Member named

                  The Speaker named the Member for Spence (Mr Atkinson) for wilfully defying the authority of the Chair.

                  The Member made an apology which was accepted by the Chair.

                  Questions without notice resumed.

 

8         Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

9         Next day of sitting

                  The Minister for Mines and Energy (Hon. D.S. Baker) moved - That the House at its rising adjourn until Tuesday 30 May at 2.00 p.m.

 

10       Postponement of business

                  Ordered - That Order of the Day: Government Business No. 1 be postponed and taken into consideration after Order of the Day: Government Business No. 2.

 

11        Mining (Special Enterprises) Amendment Bill

                  Order of the Day read for the consideration of the amendment of the Legislative Council.

 

                                                                                      In Committee

                              Resolved - That the amendment be agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Mr Bass reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

12       Mining (Native Title) Amendment Bill

                  Order of the Day read for the consideration of the recommendations from the Conference in this Bill.

 

                                                                                      In Committee

                              Resolved - That the recommendations from the Conference be agreed to.

                                                                                                                                    ___________

 

                  The House having resumed:

                  Mr Bass reported that the Committee had considered the recommendations from the Conference and had agreed to the same.

 

13       Housing and Urban Development (Administrative Arrangements) Bill

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


                                                                                      In Committee

                              Resolved - That the amendments be agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Mr Bass reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

14       Consumer Credit (South Australia) 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.

                                                                                                Clause No. 3 amended and agreed to.

                                                                                                Clause No. 4 agreed to.

                                                                                                Clauses Nos 5 to 9 amended and agreed to.

                                                                                                New clause 9A inserted.

                                                                                                Clause No. 10 amended and agreed to.

                                                                                                Clauses Nos 11 and 12 left out.

                                                                                                Clause No. 13 agreed to.

                                                                                                Schedule amended and 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.

 

15       Credit Administration 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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

16       Co-operatives (Abolition of Co-operatives Advisory Council) 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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

17        Postponement of business

                  Ordered - That Order of the Day: Government Business No. 7 be postponed and taken into consideration on motion.

 

18       Plumbers, Gas Fitters and Electricians 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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

19       Trustee (Investment Powers) 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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

20       Liquor Licensing (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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

21       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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

22       South Australian Health Services Bill

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

 

                                                                                      In Committee

                                                                                              Clause No. 22 further considered.

                  Ms Stevens moved on page 10, after line 16, to insert new subclause as follows:

                              (1a)        The membership of a board of directors must include -


                              (a)           persons who are involved in delivering the services provided by the incorporated service unit; and

                              (b)           persons representative of the community served by the incorporated service unit; and

                              (c)           persons who have expertise in financial management or management generally.

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

                                                                                              Clause agreed to.

                                                                                              Clause No. 23 amended and agreed to.

                                                                                              Clause No. 24 read.

                  Ms Stevens moved on page 10, line 30 to leave out the word 'government" and insert in lieu thereof the word "its".

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

                  Ms Stevens moved on page 10, line 32  to leave out paragraph (a) and insert in lieu thereof paragraphs as follow:

                              (a)        the incorporated service unit provides high quality health care to members of the public; and

                              (ab)    deficiencies in the provision of health care are reported to the Chief Executive; and

                              (ac)     appropriate strategic and business plans and targets are adopted following consultation with the community; and

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

                                                                                              Clause agreed to.

                                                                                              New Clause No.  24A inserted.

                                                                                              Clause No. 25 read.

                  Ms Stevens moved on page 11, after line 19 to insert new subclause as follows:

                              (5)     It is a defence to a charge of an offence under this section to prove that the conduct alleged to constitute the offence resulted from a direction by the Chief Executive.

                              (6)     If a defence is established under subsection (5) the Chief Executive is liable to be charged as an accessory even though the defence negatives the principal offence.

                  Question - That the amendment be agreed to - put.

                  Committee divided (No. 1):

 

                                          Ayes, 6.

 

                              Hon. F.T. Blevins

                              Mr Clarke

                              Mr De Laine

                              Mr Foley

                              Hon. M.D. Rann

                              Ms Stevens (Teller)

                  Noes, 22.

 

Mr Andrew

Mr Ashenden

Hon. D.S. Baker

Hon. S.J. Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Evans

Mrs Greig

Hon. G.M. Gunn

Ms Hall

Mr Kerin

Mr Meier

Hon. J.W. Olsen

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon. M.H. Armitage (Teller)

 

 

                  So it passed in the negative.

                                                                                                Clause agreed to.

                                                                                                Clause No. 26 read.

                  Ms Stevens moved on page 11, line 31 after the word "board" to insert the words " and in the incorporated service unit's annual report".

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

                                                                                                Clause agreed to.

                                                                                                Clauses Nos 27 and 28 agreed to.

                                                                                                Clause No. 29 read.

                  Ms Stevens moved on page 12, line 12 to leave out all the words after the word "The" and insert in lieu thereof the words "regulations may prescribe fees to be paid to directors of a specified class".

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

                                                                                                Clause agreed to.

                                                                                                Clause No. 30 read.

                  Ms Stevens moved on page 12, after line 18 to insert new subclause as follows:

                              (2) The Governor cannot remove a director from office under subsection (1) (c) except on the request of a majority of all the directors.

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

                                                                                                Clause agreed to.

                                                                                                Clause No 31 read.

                  Ms Stevens moved on page 12, after line 28 to insert new subclause as follows:

                              (4) The Chief Executive Officer can not be dismissed except with the approval of a majority of all the directors of the board.

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

                                                                                                Clause otherwise amended and agreed to.

                                                                                                Clauses Nos 32 and 33 agreed to.

                                                                                                Clause No. 34 read.

                  Ms Stevens moved on page 13, after line 28 to insert new subclauses as follows:

                              (b)     must be laid before Parliament and is subject to disallowance in the same way as a regulation; and

                              (c)     if the by-law is not revoked earlier and contains no provision for earlier expiry, expires on 1 September of the year following the year in which the tenth anniversary of the commencement of the by-law falls.

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

                                                                                                Clause otherwise amended and agreed to.

                                                                                                Clause No. 35 agreed to.

                                                                                                Clause No. 36 read.

                  Ms Stevens moved on page 14, after line 10 to insert new subclause as follows:

                              (1a)     If, while enforcing or purporting to enforce a by-law, an authorised person, or a person assisting an authorised person-

                                             (a)     uses offensive language; or

                                             (b)     without lawful authority-

                                                         (i) hinders or obstructs another; or

                                                         (ii) uses, or threatens to use, force against another,

                              the authorised person is guilty of an offence.

 

                              Maximum penalty: $4,000.

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

                                                                                                Clause agreed to.

                                                                                                Clause No. 37 amended and agreed to.

                                                                                                Clause No. 38 read.

                  Ms Stevens moved on page 14, after line 26 to insert new subclause as follows:

                              (3) However, a public patient is not liable to fees.      

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

                                                                                                Clause agreed to.

                                                                                                Clause No. 39 read.

                  Ms Stevens moved on page 14, lines 31 to 32 to leave out paragraph (b)

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

                                                                                                Clause agreed to.

                                                                                                Clauses Nos 40 to 42 agreed to.

                                                                                                Clause No. 43 read.

                  Ms Stevens moved on page 15, lines 19 and 20 to leave out subclause (2) and substitute the following:

                              (3)     The Minister must, as soon as practicable after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

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

                                                                                                Clause otherwise amended and agreed to.

                  Ms Stevens moved on page 15, after line 20 to insert new clause 43A as follows:

                             

DIVISION 10A - ACCOUNTABILITY OF PRIVATE CONTRACTORS

                    43A. Private contractors must furnish reports. (1) If the board of an incorporated service unit has entered into an agreement with a person (a "private contractor") under which the private contractor manages the whole or a part of the undertaking of the incorporated service unit or provides health services on behalf of the unit, the private contractor must report to the Minister on or before 31 August in each year on the contractor's operations under the agreement during the financial year ending on the preceding 30 June.

 

                              Maximum penalty:  $10,000.

 

                              (2)     The report must include -

                                          (a)     a statement of accounts audited by a registered company auditor showing the private contractor's income and expenditure in relation to those operations and the contractor's assets and liabilities as at the end of the financial year; and

                                          (b)     other information required by regulation.

                              (3)     The Minister must, as soon as practicable after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

                              (4)     A private contractor's operations under such an agreement are, by virtue of this subsection, referred to the Social Development Committee of the Parliament.

                              (5)     The Social Development Committee must report to both Houses of Parliament not less frequently than once in every 12 months on the matter.

                  Question - That the amendment be agreed to -  put.


                  Committee divided (No. 2):

 

                                          Ayes, 6.

 

                              Hon. F.T. Blevins

                              Mr Clarke

                              Mr De Laine

                              Mr Foley

                              Hon. M.D. Rann

                              Ms Stevens(Teller)

                  Noes, 26.

 

Mr Andrew

Mr Ashenden

Hon. D.S. Baker

Hon. S.J. Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon. G.M. Gunn

Ms Hall

Hon. G.A. Ingerson

Mr Kerin

Hon. W.A. Matthew

Mr Meier

Hon. J.W. Olsen

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon. D.C. Wotton

Hon. M.H. Armitage (Teller)

 

 

 

                  So it passed in the negative.

                                                                                                Clause No. 44 read.

                  Ms Stevens moved on page 15, line 28 to insert after the word "Executive" the words "(which must, however, have been published in the Gazette at least 7 days before the members of the board are removed)".

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

 

                  Ms Stevens moved on page 16, after line 5 to insert new subclause as follows:

                              (4) As soon as practicable after the members of a board are removed under this section, the Minister must lay a statement of the reasons for the removal before both Houses of Parliament.

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

                                                                                                Clause agreed to.

                                                                                                Clause No. 45 read.

                  Ms Stevens moved on page 16, after line 10 to insert new subclause as follows:

                              (1a)     Before the Governor dissolves an incorporated service unit the Chief Executive must-

                                             (i)      invite representations on the proposal from interested members of the public by notice published in a newspaper circulating in the area in which the incorporated service unit was established; and

                                             (ii)    consider representations from members of the community made in response to the invitation within a reasonable time (which must be at least 60 days) specified in the notice; and

                                             (iii)  report to the Minister on the representations made by members of the community.

                              (1b) A proclamation under this section is a statutory instrument that must be laid before Parliament and is subject of disallowance in the same way as a regulation.

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

                                                                                                Clause agreed to.

                                                                                                Clause Nos 46 to 54 agreed to.

                  Ms Stevens moved on page 20, after line 3 to insert new clause 54A as follows:

                    54A. Limitation on invasion of privacy. A person engaged in duties related to the administration of this Act or the provision of health services must not require the disclosure of personal information about a patient unless there are reasonable grounds for requiring disclosure of the information.

                              Maximum penalty:  $8,000.

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

                                                                                                Clause No. 55 read.

 

                  To report progress and ask leave to sit again.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon H. Allison 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.

 

23       Extension of time for adjournment

                  The Minister for Health (Hon. M.H. Armitage) moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

                  Question put and passed.

 

24       South Australian Health Services Bill

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

 

                                                                                      In Committee

                                                                                              Clause No. 55 further considered and agreed to.

                                                                                              Clause No. 56 agreed to.

                  Ms Stevens moved on page 21, after line 6 to insert new clause 56A as follows:

                                                                           DIVISION 1A-COMPLAINTS

                                56A.Complaints. The Minister must provide, or co-operate in the provision of, a system for dealing with complaints in accordance with the Public Patients' Hospital Charter.1

 

                              1.The Public Patients' Hospital Charter is the Charter jointly developed by the Commonwealth and the States under the Medicare Principles.

 

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

                                                                                                Clauses Nos 57 to 60 agreed to.

                                                                                                Clause No. 61 amended and agreed to.

                                                                                                Clauses Nos 62 and 63 agreed to.

                                                                                                Schedule 1 read.

                  Ms Stevens moved on page 24, after line 7 to insert new subclause as follows:

                              (2)     Any enterprise agreement, industrial agreement or award affecting employees of an incorporated hospital or health centre under the former Act in force and is binding on the Chief Executive.

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

                                                                                                Schedule agreed to.

                                                                                                Schedule 2 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.

                  The Minister for Health moved - That this Bill be now read a third time.

                  Debate ensued.

                  Question put.

                  House divided (No. 3):

                 

                                          Ayes, 26.

 

                              Hon. H. Allison

                              Mr Andrew

                              Mr Ashenden

                              Hon. D.S. Baker

                              Hon. S.J. Baker

                              Mr Bass

                              Mr Becker

                              Mr Brindal

                              Mr Brokenshire

                              Mr Caudell

                              Mr Condous

                              Mr Cummins

                              Mr Evans

                              Mrs Greig

                              Ms Hall

                              Hon. G.A. Ingerson

                              Mr Kerin

                              Hon. W.A. Matthew

                              Mr Meier

                              Hon. J.W. Olsen

                              Mr Rossi

                              Mr Scalzi

                              Mr Venning

                              Mr Wade

                              Hon. D.C. Wotton

                              Hon. M.H. Armitage (Teller)

                  Noes, 6.

 

Hon. F.T. Blevins

Mr Clarke

Mr De Laine

Mr Foley

Hon. M.D. Rann

Ms Stevens (Teller)

 

 

 

                  So it was resolved in the affirmative.

                 

                  Bill read a third time and passed.

 

25       Messages from the Legislative Council

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

 

            Parliamentary Remuneration (Basic Salary) Amendment                                           Message No. 132

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Parliamentary Remuneration Act 1990, without any amendment.

                  Legislative Council, 11 April 1995                                                                                                               H.P.K. Dunn, PRESIDENT

 

            Workers Rehabilitation and Compensation (Miscellaneous Provisions) BillMessage No. 133

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Workers Rehabilitation and Compensation Act 1986; and to make related amendments to the Parliamentary Committees Act 1991 and the WorkCover Corporation Act 1994, to which it desires the concurrence of the House of Assembly.

                              The Legislative Council draws the attention of the House of Assembly to clause 28, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

                  Legislative Council, 11 April 1995                                                                                                               H.P.K. Dunn, PRESIDENT

                 

                  Bill read a first time.

 

            Suspension of Standing Orders

                  The Minister for Industrial Affairs (Hon. G.A. Ingerson), without notice, moved - That Standing Orders be so far suspended as to enable this Bill to pass through its remaining stages without delay.


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

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

                  Debate ensued.

 

26       Serious disorder - Suspension and resumption of sitting

                  There being serious disorder the Speaker suspended the sitting of the House at 11.11 p.m.

                  At 11.21 p.m. the Speaker resumed the Chair.

 

27       Workers Rehabilitation and Compensation (Miscellaneous Provisions) Bill

                  Debate (interrupted by the foregoing suspension and resumption) resumed.

 

            Member named

                  The Speaker named the Deputy Leader of the Opposition (Mr Clarke) for wilfully defying the authority of the Chair.

 

            Member's explanation

                  The Honourable Member made an explanation which was not accepted by the Speaker:

 

            Member suspended

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

 

            Division, only one Noe

                  Question put and the House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

                  So it was resolved in the affirmative.

 

28       Suspension of Standing Orders

                  The Minister for Industrial Affairs, 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.

 

29       Workers Rehabilitation and Compensation (Miscellaneous Provisions) Bill

                  Debate (interrupted by the foregoing) resumed.

                  Question put and passed.

 

                  Bill read a second time.

                             

                                                                                      In Committee

                                                                                                Clauses Nos 1 to 27 agreed to.

                                                                                                New Clause No. 28 inserted.

                                                                                                Clauses Nos 29 to 34 agreed to.

                                                                                                Schedules 1 and 2 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 an amendment.

 

                  Bill read a third time and passed.


30       Messages from the Legislative Council

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

 

            Road Traffic (Blood Test Kit) Amendment Bill                                                                                 Message No. 134

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 12 April 1995                                                                                                              H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

                  Ordered - That the second reading be an Order of the Day for Thursday 1 June.

 

            Construction Industry Long Service Leave (Miscellaneous)

                    Amendment Bill                                                                                                                                                                Message No. 135

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Construction Industry Long Service Leave Act 1987, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 12 April 1995                                                                                                              H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legisaltive Council

                  No.1  Page 2, line 19 (clause 3) - After "transmission" insert "or distribution".

                  No.2                   Page 14, line 29 (clause 22) - After "that form of employment" insert "with the same employer".

                                                                                                                                                       J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the Message be taken into consideration forthwith.

 

                                                                                      In Committee                                           

                  Resolved - That the amendments be agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

                                                                                                                           ________________

 

                                                                                                                            It being 12 midnight

                                                                                                                     WEDNESDAY 12 APRIL 1995

                                                                                                                           ________________

 

31       Suspension and resumption

                  At 12.01 a.m. the sitting of the House was suspended.

                  At 1.20 a.m. the Speaker resumed the Chair.

 

32       Message from the Legislative Council

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

 

            Pipelines Authority (Sale of Pipelines) Bill                                                                                     Message No. 136

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Pipelines Authority Act 1967, with the amendment indicated by the annexed schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 12 April 1995.                                                                                                             H.P.K. Dunn, PRESIDENT

 

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 1 (clause 5) - After line 25 insert new definition as follows:-

                                          ‘“adjustment period” means a period commencing on the commencement of Part 4 and ending on a date fixed by proclamation;’.

                  No. 2            Page 2 (clause 5) - After line 17 insert new definition as follows:-

                                          ‘“outlying land” in relation to a pipeline, means all land that is outside the boundaries of the servient land but within 5 kilometres of the centreline of the pipeline (measured in a horizontal plane to each side of the centreline at right angles to the centreline);’.

                  No. 3            Page 5, lines 2 to 5 (clause 10) - Leave out paragraph (a)  and insert new paragraph as follows:-

                                          “(a)   the Minister may, by instrument in writing signed before the end of the adjustment period, vary the boundaries of the statutory easement (with retrospective effect so that the statutory easement is, on its creation, subject to the variation) to avoid conflicts (or possible conflicts) between the rights conferred by the easement and other rights and interests; and”.

                  No. 4            Page 5, lines 18 and 19 (clause 10) - Leave out ‘land outside the boundaries, but within 5 kilometres, of the servient land (“outlying land”)’ and insert “outlying land”.

                  No. 5            Page 6, line 14 (clause 10) - After “other land” insert “on either side of the pipeline”.

                  No. 6            Page 6, lines 33 to 35 (clause 10) - Leave out paragraph (b)  and insert new paragraph as follows:-

                                          “(b)   rights related to the pipeline subject to Pipeline Licence No. 2 under the Petroleum Act 1940  are preserved but the preserved rights do not limit or fetter the following rights under the statutory easement -

                                                                  (i)      the right to maintain a designated pipeline (and associated equipment) in the position in which it was immediately before the commencement of this Part; and

                                                                  (ii)    the right to operate the pipeline (and associated equipment); and

                                                                  (iii)  the right to repair the pipeline or associated equipment or replace it with a new pipeline or new associated equipment in the same position; and”.

                  No. 7             Page 8, line 4 (clause 10) - After “land” insert “or other property”.

                  No. 8            Page 8, lines 7 and 8 (clause 10) - Leave out paragraph (b)  and insert new paragraph as follows:-

                                          “(b)   to avoid unnecessary interference with land or other property, or the use or enjoyment of land or other property, from the exercise of rights under the statutory easement.”

                  No. 9.           Page 10 (clause 10) - After line 11 insert new sections as follow:-

                            33A.           'Industries Development Committee to be informed of proposed sale contract

                                          (1)      Before the Treasurer executes a sale contract, the Treasurer must brief the members of the Industries Development Committee (the “Committee”) on the terms and conditions of the proposed agreement and, if possible, must attend a meeting of the Committee (to be convened on not less than 48 hours notice) for the purpose of giving the briefing or answering questions on written briefing papers.

                                          (2)     Members of the public are not entitled to be present at a meeting of the Committee under this section.

                                          (3)     A person who gains access to confidential information as a direct or indirect result of the Treasurer’s compliance with this section must not divulge the information without the Treasurer’s approval.

                                          Maximum penalty:  Division 4 fine.

                                          (4)     Section 201 of the Industries Development Act 1941 does not apply to proceedings of the Committee under this section.

                                          (5)     Non-compliance with this section does not affect -

                                                      (a)     the validity of anything done under this Act; or

                                                      (b)     the validity or effect of sale agreement.

                                                                                    1.  Section 20 of the Industries Development Act 1941 confers on the Committee (subject to certain qualifications) the powers of a Royal Commission of Inquiry.

                            33B.  Auditor-General to be kept informed of negotiations for sale agreement

                                          The Treasurer must ensure that the Auditor-General is kept fully informed about the progress and outcome of negotiations for a sale agreement under this Act.’

                  No. 10         Page 10, lines 34 and 35 (clause 10) - Leave out subsection (1) and insert new subsection as follows:-

                                          ‘(1)     The Minister may grant the Authority a lease (a “pipeline lease”) of land of the Crown over which a leasehold interest had been created (in favour of the Authority or some other person) before 1 July 1993.’

                  No. 11          Page 11 (clause 10) - After line 27 insert new subsection as follows:-

                                          “(11)             The rights conferred by a pipeline lease, or by this section, on the holder of a pipeline lease, are subordinate to rights relating to the pipeline subject to Pipeline Licence No. 2 under the Petroleum Act 1940.”

                  No. 12         Page 12, lines 10 to 12 (clause 10) - Leave out subsection (2).

                  No. 13         Page 12 (clause 10) - After line 15 insert new section as follows:-

                            38A.  “Minister’s power to qualify statutory rights The Minister may, by instrument in writing signed before the end of the adjustment period, limit rights, or impose conditions on the exercise of rights, over land outside the servient land arising under -

                                          (a)     a statutory easement; or

                                          (b)     a pipeline lease; or

                                          (c)     a provision of this Act.”

                  No. 14         Page 12, line 26 (clause 10) - Leave out “operate a pipeline” and insert “operate a designated pipeline”.

                  No. 15         Page 12, lines 36 to 38 (clause 10) - Leave out section 41 and insert new section as follows:-

                            41.  “Exclusion of liability The creation of a statutory easement, or the grant of a pipeline lease, under this Act does not give rise to any rights to compensation beyond the rights for which specific provision is made in this Act.”

                  No. 16         Page 15, line 2 (clause 10) - After “regulations” insert “and proclamations”.

                  No. 17          Page 15 (clause 10) - After line 4 insert new subsection as follows:-

                                          “(3)   A proclamation cannot be amended or revoked by a later proclamation unless this Act specifically contemplates its amendment or revocation.”

                  No. 18         Page 16 (clause 12) - After line 13 insert new subsection as follows:-

                                          “(6)  This section is subject to any contrary provision made by statute or included in a licence.”

                  No. 19         Page 16, lines 28 to 32 (clause 12) - Leave out section 80qb and insert new section as follows:-

                            80qb.  “Separate dealing with pipeline Unless the Minister gives written consent, a pipeline cannot be transferred, mortgaged, or otherwise dealt with separately from the pipeline land related to the pipeline, nor can pipeline land be transferred, mortgaged or dealt with separately from the pipeline to which it relates.”

                  No. 20        Page 17 (clause 12) - After line 14 insert new section as follows:

                            80qd.       “Non-application to certain pipelines Sections 80qa, 80qb, and 80qc have no application to the pipelines subject to Pipeline Licences Nos. 2 and 5, or the pipeline land relating to those pipelines.”

                  No. 21         Page 18, lines 34 to 36 (clause 12) - Leave out paragraph (b) and insert new paragraph as follows:-

                                          “(b)   entitled to a benefit under section 34 or 27 (as may be appropriate) of the Superannuation Act 1988  (as modified under subsection (6)); and”.

                  No. 22        Page 18, lines 39 to 43, and page 19, lines 1 to 5 (clause 12) - Leave out subsections (3) and (4) and insert new subsections as follow:-

                                          “(3)   Where an old scheme contributor who is a transferring employee and who has reached the age of 55 years as at the transfer date dies after the transfer date, a benefit must be paid in accordance with section 38 of the Superannuation Act 1988 (as modified under subsection (6)).

                                          (4)     Where a new scheme contributor who is a transferring employee and who has reached the age of 55 years as at the transfer date dies after the transfer date, a


                                                                  benefit must be paid in accordance with section 32 of the Superannuation Act 1988  (as modified under subsection (6)).”

                  No. 23        Page 19, lines 10 to 18 (clause 12) - Leave out subsection (6) and insert new subsection as follows:-

                                          ‘(6)    For the purposes of subclauses (2), (3) and (4) -

                                                                  (a)     the item “FS” wherever appearing in section 32(3) and 34 of the Superannuation Act 1988  has the following meaning:

                                                                              FS is the contributor’s actual or attributed salary (expressed as an amount per fortnight) immediately before the transfer date adjusted to reflect changes in the Consumer Price Index from the transfer date to the date of termination of the contributor’s employment with the purchaser of nominated employer; and

                                                                  (b)     the item “FS” wherever appearing in sections 27, 32(2), 32(3a), 32(5) and 38 of the Superannuation Act 1988  has the following meaning -

                                                                              FS is the contributor’s actual or attributed salary (expressed as an annual amount) immediately before the transfer date adjusted to reflect changes in the Consumer Price Index from the transfer date to the date of termination of the contributor’s employment with the purchaser or nominated employer; and

                                                                  (c)     section 32(3a)(a)(i)(B) of the Superannuation Act 1988  applies as if amended to read as follows:

                                                                              (B)     an amount equivalent to twice the amount of the contributor’s actual or attributed salary (expressed as an annual amount) immediately before the transfer date adjusted to reflect changes in the Consumer Price Index from the transfer date to the date of termination of the contributor’s employment with the purchaser or nominated employer; and

                                                                  (d)     section 34(5) of the Superannuation Act 1988 applies as if amended to read as follows:

                                          (5)     The amount of a retirement pension will be the amount calculated under this section or 75% of the contributor’s actual or attributed salary (expressed as an amount per fortnight) immediately before the transfer date adjusted to reflect changes in the Consumer Price Index from the transfer date to the date of termination of the contributor’s employment with the purchaser of nominated employer (whichever is the lesser).; and

                                                      (e)     the expressions “transfer date”, “purchaser”, “nominated employer” in the above provisions have the same meanings as in this Schedule.’

                  No. 24        Page 19, line 27 (clause 12) - Leave out “section” and insert “clause”.

                  No. 25        Page 20, line 10 (clause 12) - After “to preserve accrued benefits” insert “(and the relevant section will apply subject to this Schedule)”.

                  No. 26        Page 20 (clause 12) - After line 27 insert new subclause as follows:-

                                          ‘(10)             For the purposes of this clause -

                                                                  (a)     the items “AFS” and “FS” wherever appearing in sections 28(4), 28(5) and 39(3) of the Superannuation Act 1988 mean the contributor’s actual or attributed salary (expressed as an annual amount) immediately before the transfer date adjusted to reflect changes in the Consumer Price Index from the transfer date to the date of termination of the contributor’s employment with the purchaser or the nominated employer; and

                                                                  (b)     section 39(6)(b) of the Superannuation Act 1988  applies as if amended to read as follows:

                                                                              (b)     the contributor’s actual or attributed salary for the purposes of calculating the pension were  that salary immediately before the transfer date adjusted to reflect changes in the Consumer Price Index between the transfer date and the date on which the pension first became payable;;

                                                                  (c)     the expressions “transfer date”, “purchaser”, “nominated employer” in the above provisions have the same meanings as in this Schedule.’

                  No. 27         Pages 21 to 24 (Schedule 3) - Leave out the Schedule and insert new Schedule as follows:-

 


                  Ordered - That the Message be taken into consideration forthwith.

 

                                                                                      In Committee

                  Resolved - That the amendments be agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

            Natural Gas Pipelines (Access) Bill                                                                                                               Message No. 137

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for access to pipelines for the haulage of natural gas; and other purposes, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 12 April 1995.                                                                                                             H.P.K. Dunn, PRESIDENT

 

                                                                     Schedule of the amendment made by the Legislative Council

                  Page 13 (clause 23) - After line 10 insert new paragraph as follows:-

                  "(ab) any other person who has, in the Minister's opinion a material interest in the outcome of the arbitration and is nominated by the Minister as a party to the arbitration; and".

                                                                                                                                                       J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the message be taken into consideration forthwith.

 

                                                                                      In Committee

                  Resolved - That the amendment be agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendment referred to it and had  agreed to the same without amendment.

 

 

            Consumer Credit (South Australia) Bill                                                                                                   Message No. 138

                  MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Consumer Credit (South Australia ) Bill, without any amendment.

                  Legislative Council, 12 April 1995.                                                                                                             H.P.K. Dunn, PRESIDENT

 

 

            Workers Rehabilitation (Miscellaneous Provisions) Amendment BillMessage No. 139

                  MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Workers Rehabilitation (Miscellaneous Provisions) Amendment Bill, without any amendment.

                  Legislative Council, 12 April 1995.                                                                                                             H.P.K. Dunn, PRESIDENT

                 

33       Adjournment

                  House adjourned at 1.29 a.m. until Tuesday 30 May at 2.00 p.m.

 

                                                                                                                                  ____________

 


                                                                  MOTION WHICH NOTICE WAS GIVEN

 

For  Thursday 1 June 1995

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

 

                  Mr Becker to move - That the Report of the Economic and Finance Committee on Compulsory Third Party Property Motor Vehicle Insurance, be noted.

 

                                                                                                                                  ____________

 

 

                  Present during the day - All the Members except Mr Leggett (on leave), Mr Lewis,                                 Hon. J.K.G. Oswald and Ms Penfold.

 

 

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

 

                  Division No. 1 -

                              Ayes - Mr Atkinson, Ms Geraghty, Ms Hurley, Mr Quirke and Ms White.

                              Noes - Hon. D.C. Brown, Mr Leggett, Hon. J.K.G. Oswald, Ms Penfold and Hon. R.B. Such.

 

                  Division No. 2 -

                              Ayes -  Mr Atkinson, Ms Geraghty, Ms Hurley, Mr Quirke and Ms White.

                              Noes - Hon. D.C. Brown, Mr Leggett, Hon. J.K.G. Oswald, Ms Penfold and Hon. R.B. Such.

 

                  Division No. 4 -

                              Ayes - Hon. D.C. Brown, Mr Leggett, Hon. J.K.G. Oswald, Ms Penfold and Hon. R.B. Such.

                              Noes -  Mr Atkinson, Ms Geraghty, Ms Hurley, Mr Quirke and Ms White.

 

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY