437

 

 

 

No. 56

 

 

VOTES AND PROCEEDINGS

 

 

OF THE

 

 

HOUSE OF ASSEMBLY

 

 

___________

 

 

THURSDAY 11 APRIL 1991

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the chair and read prayers

 

2       Committee of Privilege

Hon. B.C. Eastick, pursuant to notice, proceeding to move ‑ That in the opinion of this House the Standing Orders Committee should consider amendments for ultimate inclusion in the Standing Orders of the House to provide for a Committee of Privilege.

Motion, by leave, withdrawn.

 

3       Postponement of business

Ordered ‑ That Orders of the Day (Other Business) Nos 2 to 5 be postponed be Orders of the Day for Thursday 16 May.

 

4       Rural/Sector Interest Rate Relief Subsidies ‑ Motion re

Mr Meier, pursuant to notice, proceeding to move ‑ That this House asks thePremier as Federal President of the Australian Labor Party and the Minister of Agriculture to do all in their power to convince the Federal Government to provide sufficient finance for interest rate relief subsidies of at least 5% through the Rural Finance and Development Division of the Department of Agriculture to help the rural sector recover and stabilise.

Ordered, on motion of Mr Meier, by leave, that the debate be adjourned until Thursday 16 May.

 

5       Wheat Minimum Price ‑ Motion re

Mr Gunn, pursuant to notice, proceeding to move ‑ That this House supports             the Minister of Agriculture in his endeavour to obtain Federal Government support for a minimum price for wheat for the 1991‑92 wheat crop of $135 per tonne and further this House calls on the Premier to make the strongest possible representations to the Prime Minister to support the application of $135 per tonne for wheat grown in the 1991‑92 season.

Ordered, on motion of Mr Gunn, by leave, that the debate be adjourned until Thursday 16 May.

 


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 6      Postponement of business

Ordered ‑ That Notice of Motion (Other Business) No. 8 be postponed and taken into consideration on motion.

 

 7      Micro‑economic Reform and Privatisation ‑ Motion re

Mr Lewis, pursuant to notice, moved ‑ That this House notes the initiatives being taken by the New South Wales Government which are supported by the Leader of the Opposition, Mr Carr, in advocating micro‑economic reform and privatisation; and calls on the Government to adopt the same policies which would result in lower State charges, particularly for electricity and transport, more accessible Government services and lower food costs.

Ordered, on motion of Mr S.J. Evans, that the debate be adjourned until Thursday 16 May.

 

 8      Rural Finance ‑ Motion re

Mr Gunn, pursuant to notice, moved ‑ That this House –

(a)  calls on all financial institutions providing finance to the rural community, including small businesses, not to proceed with any  forced sales or evictions until the Commonwealth Government's rural package is announced;

(b)  calls on the South Australian Government to closely monitor and examine each case where farmers are forced to sell their properties with a view to ensuring that they have been fairly treated and that all avenues have been explored to allow them to remain on their properties; and

(c)  calls on the Government to initiate discussions with the financial institutions to ensure that they take a reasonable approach to the plight of the rural sector in this State.

Ordered, on motion of the Minister of Agriculture (Hon. L.M.F. Arnold), that the debate be adjourned until Thursday 16 May.

 

9       Baltic States ‑ Motion re

Mr Ingerson, pursuant to notice, moved ‑ That this House calls on the Federal Government to ‑

(a)  take steps to convey to the USSR Government that they should de‑occupy the Baltic States of Estonia, Latvia and Lithuania;

(b)  make foreign aid assistance direct to the people and governments of the Baltic States:

(c)  inform the USSR Government that it intends to raise the independence of the Baltic States in international forums;  and

(d)  restrict foreign aid disbursements to the USSR Government if the USSR continues to refuse to enter into negotiations for independence and continues to encourage armed crises in the Baltic States.

Debate ensued.

Question put and passed.

 

10      Select Committee on the Law and Practice relating to Death and Dying

Order of the Day read for the bringing up of the Report of the Select Committee on the Law and Practice relating to Death and Dying.

Ordered ‑ That the time for bringing up the report be extended until the          first day of next session and that the Committee have power to act during the recess.

 

 

 


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11      Criminal Law Consolidation Act Amendment Bill (No. 2)

Order of the Day read for the adjourned debate on the question ‑ That the Criminal Law Consolidation Act Amendment Bill (No. 2) be now read a second time.

Debate resumed.

Ordered, on motion of Mr Brindal, by leave, that the debate be further adjourned and resumed on motion.

 

12      Select Committee on Privacy

Order of the Day read for the bringing up of the Report of the Select Committee on Privacy.

Order ‑ That the time for bringing up the report be extended until the first day of next session and that the Committee have power to act during the recess.

 

13      Energy Needs ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Lewis ‑

That this House notes the Green Paper on the Future Directions for the Energy Sector in South Australia and condemns the Government for‑

(a)  failing to recognise its responsibility to identify options which enable reductions of atmospheric carbon emissions in compliance with the Commonwealth Government commitment to the international community;

(b)  failing to address the future energy needs of the Multi Function Polis;

(c)  failing to supply factual information about the environmental, social and economic benefits of demand management techniques;

(d)  the lack of factual information about the part which alternative and renewable energy forms can play in future energy supply;

(e)  the lack of direction and initiatives relevant to energy conservation and fuel substitution;

(f)   the lack of factual historical information about the recent attempts which have been made by the Government and its agencies in demand forecasting; and

(g)  failing to outline the basic optional strategies for funding research and development needed to support the discovery of technologies for viable alternative energy sources.

Debate resumed.

Ordered, on motion of Mr Holloway, by leave, that the debate be further adjourned and resumed on motion.

 

14      Postponement of business

Ordered ‑ severally ‑ That Orders of the Day (Other Business) Nos 5 and 6 be Orders of the Day for Thursday 16 May.

 

15      Parliament House Facilities, Use by Minister of Environment and Planning ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Lewis ‑

That this House deplores and condemns the cavalier way in which the Minister for Environment and Planning has abused the privileges she enjoys in this building by booking facilities in this building (ostensibly for her own use) and then arranging for people who are not Members of Parliament to take over control and occupancy of those facilities, to the exclusion and abuse of other Members' rights of access.

Debate resumed.

Ordered, on motion of Mr Lewis, by leave, that the debate be further adjourned until Thursday 16 May.

 

 

 


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16      Postponement of business

Ordered ‑ severally ‑ That Orders of the Day (Other Business) Nos 8 and 9 be Orders of the Day for Thursday 16 May.

 

17      Planning Act ‑ Regulations ‑ Coastal Development and Commission Powers ‑ Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton ‑ That the Regulations under the Planning Act 1982 relating to Coastal Development and Commission Powers, made on 14 February and laid on the Table of this House on 19 February 1991, be disallowed.

The Speaker ruled that the motion was out of order as the Regulations had already been disallowed.

 

18      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 11 be postponed and taken into consideration after Order of the Day (Other Business) No. 47.

 

19      Food Act ‑ Regulations ‑ Prawn Colouring ‑ Motion for disallowance

Order of the Day read for the adjourned debate on the motion of Mr M.J. Evans ‑ That the Regulations under the Food Act, 1985 relating to Prawn Colouring, made on 20 September and laid on the Table of this House on 10 October 1990, be disallowed.

Debate resumed.

Ordered, on motion of Mr Blacker, by leave, that the debate be further adjourned until Thursday 16 May.

 

20      Seacliff Hockey and Tennis Complex ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Matthew ‑  That this House condemns the Government for failing to commit itself to a hockey and tennis complex at Seacliff and calls on the Government to intervene immediately to prevent the loss of $230 000 Federal funding and $30 000 Local Government funding together with land and buildings, all of which have already been committed toward the complex:

Which Mr De Laine has moved to amend by leaving out all words after           "House" and inserting in lieu thereof the words "urges the State Government to intervene to ensure that the $230 000 in Federal Funding to the Seacliff Tennis Club and the Happy Valley Hockey Club is used for a Southern Region hockey/tennis sports complex."

Question ‑ That the amendment be agreed to.

Debate resumed.

Ordered, on motion of Mr Matthew, by leave, that the debate be further adjourned and resumed on motion.


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21      Dry Areas ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Oswald ‑  That this House disagrees with the new guidelines published on 29 January 1991 for dealing with councils' requests for dry areas under the Liquor Licensing Act and in particular, as they affect applications made by seaside councils for alcohol bans on those sections of the foreshore which are not under their legal control such as beaches and jetties, and further, this House does not endorse the policy of making local councils and local ratepayers financially responsible for the care and rehabilitation of drinkers who descend on councils from other local government areas, believing this to be a State Government responsibility.

 

Debate resumed.

Ordered, on motion of Hon. T.H. Hemmings, that the debate be further adjourned until Thursday 16 May.

 

         50th Battalion AIF Colours ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Oswald ‑ That this House calls on the Government to negotiate with the Army Office in Canberra and the Commander 6th Military District, Hobart for the return to St Peter's Cathedral Adelaide of the Colours of the 50th Battalion AIF (1916‑19) which were originally ceremonially laid‑up in St Peter's Cathedral in 1937 but were transferred to St David's Cathedral Hobart in 1973 on the authority of the Army Office at the time.

Debate resumed.

Question put and passed.

 

23      Postponement of business

Ordered ‑ That Orders of the Day (Other Business) Nos 16 and 17 be Orders  of the Day for Thursday 16 May.

 

24      Multi Function Polis ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Hon. J.L. Cashmore ‑  That this House examine the economic, environmental, social and cultural impact of the proposed Multi Function Polis and examine and make public all commitments so far entered into by the Government, all costs to be incurred by the Government and the specific timetable proposed for development of the project:

Which Mr De Laine has moved to amend by leaving out all words after           "House" and inserting the words "welcomes the opportunities created by having Adelaide nominated as the site for the Multi Function Polis and notes the approval of the Commonwealth Government for the next stage of the project involving a detailed environmental assessment of the Gillman site, an estimate of the infrastructure costs of the project and the methods of financing them, an investigation of potential business opportunities, an assessment of the impact on the social fabric of Adelaide and South Australia, and a collaborative community consultation program between the South Australian and Commonwealth Governments and further, this House supports the work of the Management Group chaired by Mr Ross Adler and looks forward to the publication of its report."

Question ‑ That the amendment be agreed to.

Debate resumed.

Ordered, on motion of Hon. J.L. Cashmore, by leave, that the debate be further adjourned until Thursday 16 May.

 

25      Postponement of business

Ordered ‑  severally ‑  That Orders of the Day (Other Business) Nos 19 to 21 be Orders of the Day for Thursday 16 May.

 

26      STA Student Travel ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Oswald ‑  That this House calls of the Government to restrict the hours of student free STA travel to those which cover legitimate school activities of an educational. sporting and cultural nature.

 

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Which Mr M.J. Evans has moved to amend by leaving out all words after "House" and inserting in lieu thereof the words:

 

"Is of the opinion that the Minister of Transport should keep the operation of the free travel for children scheme under constant review and that a report on the equity, social justice implications, cost and effectiveness of the scheme should be presented to the House prior to the consideration of the 1991/92 estimates."

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

Question ‑ That the motion as amended be agreed to put and passed.

 

27      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 23 be postponed and resumed on motion.

 

28      Postponement of business

Ordered ‑ severally ‑ That Orders of the Day (Other Business) Nos 24 and 25 to be Orders of the Day for Thursday 16 May.

 

29      Postponement of business

Ordered ‑ severally ‑ That Orders of the Day (Other Business) Nos 26 to 28 be postponed and resumed on motion.

 

30      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 29 be an Order of the Day for Thursday 16 May.

 

31      Postponement of business

Ordered ‑ That Orders of the Day (Other Business) No. 30 be postponed and resumed on motion.

 

32      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 31 to be an Order of the Day for Thursday 16 May.

 

33      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 32 to  be postponed and resumed on motion.

 

34      Postponement of business

Ordered ‑ severally ‑ That Orders of the Day (Other Business) Nos 33 to 37 be Orders of the Day for Thursday 16 May.

 

35      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 38 to  be postponed and resumed on motion.

 

36      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 39 be an Order of the Day for Thursday 16 May.

 

37      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 40 to be postponed and resumed on motion.

 

38      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 41 to be an Order of the Day for Thursday 16 May.

 

39      Postponement of business

Ordered ‑ severally ‑ That Orders of the Day (Other Business) Nos 42 and 43 be postponed and resumed on motion.

 


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40      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 44 be postponed and taken into consideration after Order of the Day (Other Business) No. 45.

 

41      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 45 to  be postponed and resumed on motion.

 

44      Crime Prevention Strategies ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hamilton ‑  That this House congratulates the Government and the Attorney‑General for the ongoing implementation of crime prevention strategies, including the broad‑based "Coalition Against Crime" and data mapping projects and further, this House congratulates the Government for involving non‑government representatives, business, unions, community groups, local government and the media in its fight against crime:

Which Mr Oswald has moved to amend by leaving out all words after "House" and inserting the words "applauds the contribution of non‑Government representatives, business, union, community groups, local government and the media, in the implementation of crime prevention strategies, but acknowledges that it is not a substitute for the proper policing of the community and that they must work with the Police in order to do this effectively, and calls on the Government to consider subsidising the Neighbourhood Watch Association dollar for dollar so that the organisation can better play the part expected of it."

Question ‑ That the amendment be agreed to.

Debate resumed.

Ordered, on motion of Mr Ferguson, by leave, that the debate be further adjourned and resumed on motion.

 

45      Royal South Australian Deaf Society ‑ Motion re

Mr S.G. Evans, pursuant to notice, moved ‑ That this House congratulates the Royal South Australian Deaf Society Inc. for the 100 years of service it has given to the deaf community.

Debate ensued.

Question put and passed.

 

46      Postponement of business

Ordered ‑ That Orders of the Day (Other Business) Nos 46 and 47 be Orders of the Day for Thursday 16 May.

 

47      Petitions Nos 114 to 115

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

 

114 Dr Armitage, from 16 residents of South Australia, requesting that the House delay consideration of measures for the registration of psychologists and regulation of psychology until definitions relating to hypnosis are clarified.

 

115 Mr Oswald, from 783 residents of South Australia, requesting that the House urge the Government to retain the sports grounds of the former Glengowrie High School as a community sports venue.

 


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48      Answers to questions

      Answers to questions on the Notice Paper Nos 243, 575 and 587 and questions              without notice were tabled by the Speaker.

 

49      Printing Committee ‑ Second Report, 1990‑91

Mr Atkinson, Chairman of the Printing Committee, brought up the Second Report, 1990‑91.

Ordered ‑ That the Report be received.

The Report, recommending the printing of the following Papers, was adopted:

Animal and Plant Control Commission‑Report, 1990 (Paper No. 119)

Art Gallery of South Australia‑Report, 1989‑90 (Paper No. 47)

Botanic Gardens Board‑Report, 1989‑90 (Paper No. 13A)

Children's Court Advisory Committee‑Report, 1989‑90 (Paper No. 27A)

Education, Director‑General of‑Report, 1990 (Paper No. 44)

Environmental Protection Council‑Report, 1989‑90 (Paper No. 95A)

Equal Opportunity, Commissioner for‑Report, 1989‑90 (Paper No. 109)

Finance Trust Limited, South Australian‑Report, 1989‑90 (Paper No. 142)

Housing Trust, South Australia‑Report, 1989‑90 (Paper No. 42)

Industrial and Commercial Training Commission‑Report, 1989‑90 (Paper No. 100)

Legal Services Commission‑Report, 1989‑90 (Paper No. 136)

Medical and Veterinary Science, Institute of‑Report, 1989‑90            (Paper No. 125)

Multicultural and Ethnic Affairs Commission, South Australian and (Paper No. 29)

Office of Multicultural and Ethnic Affairs‑Report, 1989‑90

Native Vegetation Authority‑Report, 1989‑90 (Paper No. 143)

Planning Commission, South Australian‑Report, 1989‑90 (Paper No. 70)

Psychological Board, South Australian‑Report, 1989‑90 (Paper No. 102)

Public and Consumer Affairs, Department of‑Report, 1989‑90 (Paper No. 75)

Senior Secondary Assessment Board of South Australia‑Report, 1990 (Paper No. 85)

South Eastern Drainage Board‑Report, 1989‑90 (Paper No. 6)

State Emergency Service, South Australia‑Report, 1989‑90 (Paper No. 150)

Supreme Court of South Australia, Judges of the‑Report, 1990 (Paper No. 101A)

Urban Land Trust, South Australian‑Report, 1989‑90 (Paper No. 58)

West Beach Trust‑Report, 1989‑90 (Paper No. 158)

Woods and Forests Department‑Report, 1989‑90 (Paper No. 28)

 

50      Questions

Questions without notice were asked.

 

51      Next day of sitting

The Deputy Premier moved ‑ That the House at its rising adjourn until Tuesday 14 May at 2.00 p.m.

Debate ensued.

Question put.

 

 

 


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      Committee divided (No. 1):

       Ayes, 20.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Mr Quirke

Hon. J.P. Trainer

Hon. D.J. Hopgood (Teller)

 

 Noes,     .

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr S.J. Baker (Teller)

 

 

 

Casting Vote

There being an equality of vote, the Speaker gave his casting vote for the Ayes.

So it was resolved in the affirmative.

 

52      Joint Select Committee on WorkCover and Joint Select Committee on Parliamentary Privilege

The Deputy Premier, by leave, moved ‑ That the Members of this House appointed to the Joint Select Committee on WorkCover and the Joint Select Committee on Parliamentary Privilege, have power to act on those Committees during the recess.

Question put and passed.

 

53      Suspension of Standing Orders

The Minister of Health, without notice, moved ‑ That the Standing Orders be so far suspended as to enable the introduction and passage of a Bill through all 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.

 

Ambulance Service Bill

The Minister then moved ‑ That he have leave to introduce a Bill for an           Act to provide for the licensing of persons who carry on the business of providing ambulance services; to repeal the Ambulance Services Act 1985; 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 Dr Armitage, that the debate be adjourned until Tuesday 14 May.

 

 

 


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54      Housing Co‑operatives Bill ‑ Select Committee

The Deputy Premier moved ‑ That the time for bringing up the Report of the  Select Committee be extended until the first day of next session and that the Committee have power to act during the recess.

Question put and passed.

 

55      South Australian Metropolitan Fire Service (Miscellaneous Powers) Amendment Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in the South Australian Metropolitan Fire Service (Miscellaneous Powers) Amendment Bill.

 

In Committee

Resolved ‑ That the amendments be agreed to.

___________

 

The House having resumed:

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

 

56      Postponement of business

Ordered ‑ That Order of the Day (Government Business) No. 3 be an Order of the Day for Tuesday 14 May.

 

57      Statutes Amendment (Criminal Law  Sentencing) Bill

Order of the Day read for the adjourned debate on the question ‑ That the Statutes Amendment (Criminal Law Sentencing) 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.

 

58      Statutes Amendment (Attorney‑General's Portfolio) Bill

Order of the Day read for the adjourned debate on the question ‑ That the Statutes Amendment (Attorney‑General's Portfolio) Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                   Clauses Nos 1 to 4 agreed to.

                                                   Clause No. 5 amended and agreed to.

                                                   Clause No. 6 agreed to.

                                                   Clause NO. 7 read.

Division no Ayes

Question ‑ That the clause stand as printed ‑ put and the House proceeded to a division, but no Members appearing on the side of the Ayes, the Chairman declared the division void.

 


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                                                   Clause left out.

                                                   Clauses Nos 8 to 16 agreed to.

                                                   Title agreed to.

___________

 

The House having resumed:

Mr M.J. Evans 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.

 

59      Postponement of business

Ordered ‑ That Orders of the Day (Government Business) Nos 6 to 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

60      Holidays (Labour Day) Amendment Bill

Order of the Day read for the adjourned debate on the question ‑ That the Holidays (Labour Day) Amendment 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.

 

61      Extension of time for adjournment

The Minister of Labour (Hon. R.J. Gregory) moved ‑ That the time for moving the adjournment of the House be extended beyond 5.00 p.m.

Question put and passed.

 

62      Suspension and resumption

At 4.05 p.m. the sitting of the House was suspended.

At 5.00 p.m. the Speaker resumed the Chair.

 

58      Message from the Legislative Council

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

 

Local Government Act Amendment Bill                                                 Message No. 108

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1934, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 11 April 1991.                                                  G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council.

No. 1.   Page 1, line 13 (clause 2) ‑ Leave out "a day to be fixed by proclamation" and insert "1 January 1992".

No. 2.   Page 1 ‑ After line 13 insert new clause as follows:‑  "Annual Report

2a.  Section 42a of the principal Act is amended by inserting after subsection (1) the following subsection: (1a)  The report must state the number of council certificates issued under section 65av in respect of restricted documents, the nature of the documents to which the certificates related and the provisions of Part VA by virtue of which the documents were restricted."


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No. 3.   Page 1, line 24 (clause 3) ‑ Leave out the definition of "District Court".

No. 4.   Page 3, line 16 (clause 3) ‑ After "from" insert "either a council, the Government of South Australia or".

No. 5.   Page 3, line 18 (clause 3) ‑ After "of" (first occurring) insert "this Act, the Freedom of Information Act 1991 or".

No. 6.   Page 3, lines 27 to 30 (clause 3) ‑ Leave out subparagraph (ii) and substitute subparagraph as follows:‑ "(ii)  would divulge information communicated in confidence by or on behalf of a council or the Government of South Australia or of the Commonwealth to a council or a person or body receiving the communication on behalf of a council;".

No. 7.   Page 6, line 15 (clause 3) ‑ Leave out all words after "to" and insert "commercial activities engaged in by a council;".

No. 8.   Page 7, line 7 (clause 3) ‑ After "council" insert "(including of any board, committee or other body constituted by two or more persons that is part of the council or has been established for the purpose of advising the council and whose meetings are open to the public or the minutes of whose meetings are available for public inspection)".

No. 9.   Page 8 (clause 3) ‑ After line 13 insert subsection as follows:‑          "(1a)  Subsection (1) does not apply in relation to a policy or administrative document that an agency is required by the Freedom of Information Act 1991 to make available for inspection and purchase by members of the public."

No. 10.  Page 8, line 19 (clause 3) ‑ After "policy" insert "or administrative document".

No. 11.  Page 8, line 39 (clause 3) ‑ Leave out "the council may determine" and insert "may be prescribed".

No. 12.  Page 9 (clause 3) ‑ After line 14 insert new sections as follow:‑         "Transfer of applications 65wa. (1) A council to which an application has been made may transfer the application to another council if the document to which it relates ‑

(a)  is not held by the council but is, to the knowledge of the council, held by the other council;

            or

            (b)  is held by the council but is more closely related to the functions of the other council.

(2)  A council that transfers an application to another council must, if it holds the document to which the application relates, forward a copy of the document to the other council together with the application.

(3)  A council that transfers an application to another council must forthwith cause notice of that fact to be given to the applicant.

(4)  Such a notice must specify the day on which, and the council to which, the application was transferred.

(5)  A council is not required to include in a notice any matter if its inclusion in the notice would result in the notice being an exempt document.

(6)  An application that is transferred from one council to another is to be taken to have been received by the other council ‑

            (a)  on the day on which it is transferred;

            or


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(b)  14 days after the day on which it was received by the council to which it was originally made, whichever is the earlier.Councils may require advance deposits 65wb. (1)  If, in the opinion of a council, the cost of dealing with an application is likely to exceed the application fee, the council may request the applicant to pay to it such reasonable amount, by way of advance deposit, as the council may determine.

(2)  If, in the opinion of a council, the cost of dealing with an application is likely to exceed the sum of the application fee and of any advance deposits paid in respect of the application, the council may request the applicant to pay to it such reasonable amount, by way of further advance deposit, as the council may determine.

(3)  The aggregate of the application fee and the advance deposit or deposits requested under this section must not exceed the council's estimate of the cost of dealing with the application.

(4)  A request for an advance deposit must be accompanied by a notice that sets out the basis on which the amount of the deposit has been calculated.

(5)  The amount of an advance deposit requested by a council in respect of an application must be paid to the council within such period as the council specifies in the request.

(6)  The period between the making of a request under this section and the payment of an advance deposit in accordance with the request is not to be taken into account in calculating the period of 45 days within which the relevant action is to be dealt with."

No. 13.  Page 9 (clause 3) ‑ After line 23 insert subsections as follow:‑

      "(2a)  A council may refuse to continue dealing with an application if ‑

            (a)  it has requested payment of an advance deposit in relation to the application;

            and

            (b)  payment of the deposit has not been made within the period specified in the request.

      (2b)  If a council refuses to continue dealing with an application under subsection (2a) ‑

(a)  it must refund to the applicant such part of the advance deposits paid in respect of the application as exceeds the costs incurred by the council in dealing with the application;

            and

            (b)  it may retain the remainder of those deposits."

No. 14.  Page 10, line 15 (clause 3) ‑ After "usually" insert "and currently".

No. 15.  Page 10, lines 16 and 17 (clause 3) ‑ Leave out paragraph (d) and substitute paragraph as follows:‑

      "(d)  if it is a document that ‑

            (i)   was not created or collated by the council itself;

            and

            (ii)   genuinely forms part of library material held by the council;".

No. 16.  Page 10, lines 19 and 20 (clause 3) ‑ Leave out "the commencement of this section" and insert "1 January 1987".

No. 17.  Page 11 (clause 3) ‑ After line 4 insert subsections as follow:‑

"(2)  Access to a document to which subsection (1)(a) applies may not be deferred beyond the time the document is required by law to be published.


450

 

(3)  Access to a document to which subsection (1)(b) or (c) applies may not be deferred for more than a reasonable time after the date of its preparation."

No. 18.  Page 13, line 2 (clause 3) ‑ After "charge" insert ", having regard to the sum of any advance deposits paid in respect of the application".

No. 19.  Page 13, line 26 (clause 3) ‑ After "access" insert "under this Act".

No. 20.  Page 13, lines 33 to 39 (clause 3) ‑ Leave out paragraphs (a) and (b) and substitute paragraphs as follow:‑

      "(a) in the case of an application for access to a document referred to in subsection (1)(b) ‑

(i)   the council determines, after having sought the views of the person concerned, that access to the document is to be given and the views of the person concerned are that the document is an exempt document by virtue of section 65g;

            or

(ii)   after having taken reasonable steps to obtain the views of the person concerned, the council is unable to obtain the views of the person and the council determines that access to the document should be given;

      or

(b)  in any other case ‑ the council determines, after seeking the views of the Government, council or person concerned, that access to a document to which this section applies is to be given and the views of the Government, council or person concerned are that the document is an exempt document by virtue of a specified provision of Subdivision II of Division II."

No. 21.  Page 14, lines 25 to 30 (clause 3) ‑ Leave out subsection (5) and substitute subsection as follows:‑

"(5)  A reference in this section to the person concerned is, in the case of a deceased person, a reference to the personal representative of that person or, if there is no personal representative, the closest relative of that person of or above the age of 18 years."

No. 22.  Page 17 (clause 3) ‑ After line 18 insert section as follows:‑ 'Interpretation 65aan. In this Division ‑

local court" means a local court of limited jurisdiction, within, or nearest to, the area of the council whose determination is the subject of appeal under this Division.'

No. 23.  Page 17 (clause 3) ‑ After line 23 insert paragraph as follows:‑

      "(ab)     must be accompanied by such application as may be prescribed;".

No. 24.  Page 17 (clause 3) ‑ After line 34 insert subsection as follows:‑

"(3a)  If on a view the council varies or reverses a determination so that access to a document is to be given (either immediately or subject to deferral), the council must refund any application fee paid in respect of the review."

No. 25.  Page 17, line 36 (clause 3) ‑ Leave out "14" and insert "45".

No. 26.  Page 18, line 21 (clause 3) ‑ Leave out "District Court" and insert "local court".

No. 27.  Page 18, line 37 (clause 3) ‑ Leave out "District Court" and insert "local court".


451

 

No. 28.  Page 18, line 42 (clause 3) ‑ Leave out "chief executive officer of the council" and insert "Minister administering the Freedom of Information Act 1991".

No. 29.  Page 19, line 7 (clause 3) ‑ Leave out "District Court" and insert "local court".

No. 30.  Page 19, line 10 (clause 3) ‑ Leave out "District".

No. 31.  Page 19, line 12 (clause 3) ‑ Leave out "District".

No. 32.  Page 19, line 15 (clause 3) ‑ Leave out "District".

No. 33.  Page 19, lines 18 to 20 (clause 3) ‑ Leave out subsection (4) and substitute subsection as follows:‑

"(4)  After considering any document produced before it, the Court may make a declaration ‑

(a)  if satisfied that there are reasonable grounds for the claim ‑ that the document is a restricted document by virtue of a specified provision of Subdivision I of Division II;

(b)  if not satisfied that there are reasonable grounds for the claim ‑ that the document is not a restricted document."

No. 34.  Page 19, line 21 (clause 3) ‑ Leave out "District".

No. 35.  Page 19, line 29 (clause 3) ‑ Leave out "28" and insert "45".

No. 36.  Page 19, line 33 (clause 3) ‑ After "the" (second occurring) insert "Minister administering the Freedom of Information Act 1991 and the".

No. 37.  Page 19, line 45 (clause 3) ‑ Leave out "28" and insert "45".

No. 38.  Page 20, lines 2 to 5 (clause 3) ‑ Leave out section 65at and substitute section as follows:‑ "Disciplinary action 65at. Where a local court, at the completion of an appeal under this Part, is of the opinion that there is evidence that a person, being an officer of a council, has been guilty of a breach of duty or of misconduct in the administration of this Part and that the evidence is, in all the circumstances, of sufficient force to justify it in doing so, the Court may bring the evidence to the notice of ‑

      (a)  if the person is the chief executive officer of a council ‑ that council;

      or

(b)  if the person is an officer of a council but not the chief executive officer of the council ‑ the chief executive officer of that council."

No. 39.  Page 20, line 8 (clause 3) ‑ Leave out "the District Court" and insert "a local court".

No. 40.  Page 20, line 9 (clause 3) ‑ Leave out subsection (2).

No. 41.  Page 21, lines 8 to 27 (clause 3) ‑ Leave out section 65az and substitute section as follows:‑ "Fees and charges 65az.

(1)  The fees and charges payable under this Part must be fixed by the regulations or in accordance with a scale fixed in the regulations.

      (2)  The regulations ‑

(a)  must provide for such waiver or remission of fees as may be necessary to ensure that disadvantaged persons are not prevented from exercising rights under this Part by reason of financial hardship;

(b)  must provide for access to documents by Members of Parliament without charge unless the work generated by the application exceeds a threshold stated in the regulations, and (except as provided above) the fees or charges must reflect the cost incurred by councils in exercising their functions under this Part.


452

 

(3)   Where a council determines a fee or charge it must, at the request of the person required to pay, review the fee or charge and, if it thinks fit, reduce it.

(4)  A person dissatisified with the decision of a council on an application for a review of a fee or charge may apply to the Ombudsman for a further review, and the Ombudsman may, according to his or her determination of what is fair and reasonable in the circumstances of the particular case ‑

                  (a)  waive, confirm or vary the fee or charge;

                  (b)  give directions as to the time for payment of the fee or charge.

            (5)  A fee or charge may be recovered by a council as a debt."

 

Ordered ‑ That the Message be taken into consideration forthwith.

 

In Committee

Resolved ‑ That Amendment Nos 1 to 39 be agreed to.

Resolved ‑ That Amendment No. 40 be disagreed to.

Resolved ‑ That Amendment No. 41 be agreed to.

___________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 39 and No. 41 and had disagreed to Amendment No. 40.

 

59      Suspension of Standing Orders

The Deputy Premier, without notice, moved ‑ That Standing Orders be so far suspended as to enable Orders of the Day (Other Business) Nos 2,4,13,26,27,28,30,32,38,40,42,43,44 and 45 to be taken into consideration forthwith and any necessary questions put, without further debate.

 

60      Criminal Law Consolidation Act Amendment Bill (No. 2)

Order of the Day read for the adjourned debate on the question ‑ That the Criminal Law Consolidation Act Amendment Bill (No. 2) be now read a second time.

Debate resumed.

 

Bill read a second time.

 

In Committee

                                                   Clause No. 1 agreed to.

                                                   Clause No. 2 read.


453

 

Question put.

House divided (No. 2):

 

       Ayes, 23.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr Atkinson

Mr D.S. Baker

Mr S.J. Baker

Mr Blacker

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Brindal (Teller)

 

       Noes, 21.

Hon. L.M.F. Arnold

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. D.J. Hopgood (Teller)

 

 

So it was resolved in the affirmative.

To report progress and ask leave to sit again.

___________

 

The House having resumed:

Mr M.J. Evans 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 Thursday 16 May.

Order of the Day read for the adjourned debate on the motion of

Debate resumed.

 

61      Energy Needs ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Lewis ‑ That this House notes the Green Paper on the Future Directions for the Energy Sector in South Australia and condemns the Government for‑

(a)  failing to recognise its responsibility to identify options which enable reductions of atmospheric carbon emissions in compliance with the Commonwealth Government commitment to the international community;

(b)  failing to address the future energy needs of the Multi Function Polis;


454

 

(c)  failing to supply factual information about the environmental, social and economic benefits of demand management techniques;

(d)  the lack of factual information about the part which alternative and renewable energy forms can play in future energy supply;

(e)  the lack of direction and initiatives relevant to energy conservation and fuel substitution;

(f)   the lack of factual historical information about the recent attempts which have been made by the Government and its agencies in demand forecasting;  and

(g)  failing to outline the basic optional strategies for funding research and development needed to support the discovery of technologies for viable alternative energy sources.

Question put and passed.

 

62      Seacliff Hockey and Tennis Complex

Order of the Day read for the adjourned debate on the motion of Mr Matthew ‑ That this House condemns the Government for failing to commit itself to a hockey and tennis complex at Seacliff and calls on the Government to intervene immediately to prevent the loss of $230 000 Federal funding and $30 000 Local Government funding together with land and buildings, all of which have already been committed toward the complex:

Which Mr De Laine has moved to amend by leaving out all words after           "House" and inserting in lieu thereof the words "urges the State Government to intervene to ensure that the $230 000 in Federal Funding to the Seacliff Tennis Club and the Happy Valley Hockey Club is used for a Southern Region hockey/tennis sports complex."

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

Question ‑ That the motion as amended be agreed to ‑ put and passed.

 

63      Summary Offences Act Amendment Bill (No. 3)

Order of the Day read for the adjourned debate on the question ‑ That the Summary Offences Act Amendment Bill (No. 3) be now read a second time.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                   Clause No. 1 agreed to.

                                                   Clause No. 2 read.

To report progress and ask leave to sit again.

___________

 

The House having resumed:

Mr M.J. Evans 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 Thursday 16 May.

 

64      Rural Youth ‑ Motion re

Order of the Day read for the adjourned debate on the motion of  Mr Venning ‑  That this House recognises the importance of the South Australian Rural Youth organisation, deplores the reduction of resources to the organisation by successive governments and urges the Government to recognise the cost effectiveness of the training function of Rural Youth by providing incentive based grants designed to attract private sector funding to assist worthwhile projects for the benefit of rural youth in South Australia:


455

 

Which Mrs Hutchison has moved to amend by leaving out the words "deplores the reduction of resources to the organisation by successive governments and urges the Government to recognise the cost effectiveness of the training function of Rural Youth by providing incentive based grants designed to" and inserting in lieu thereof the words "and urges governments to recognise the training function of Rural Youth by continuing to provide support which can".

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

Question ‑ That the motion as amended be agreed to ‑ put and passed.

 

65      Glenelg Area Crime Problems ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Oswald ‑  That this House concurs with the public statements expressed by the Glenelg Council at the alarming increase in vandalism, graffiti, house breaking, vehicle theft, consumption of alcohol in "dry" areas and associated illegal activities taking place in the Glenelg area which is becoming extremely disturbing to the local community and visitors to the area, and calls on the Government to increase law enforcement by increased policing of the Region and by the insistence on realistic penalties in the Courts:

Which Mr Ferguson has moved to amend by leaving out all words after the word "House" and inserting in lieu thereof the words "notes the cooperation of local government with the Government's Crime Prevention Strategy including that of the Glenelg and other seaside councils in developing cooperative strategies to deal with vandalism, graffiti, house breaking, vehicle theft, and alcohol abuse and further, this House notes with satisfaction the increased resources being allocated to the Police and the support provided by the Police to local community based crime prevention initiatives".

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

Question ‑ That the motion as amended be agreed to ‑ put and passed.

 

66      Emergency Service Volunteers ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton ‑  That this House urges the Government to more actively support the ethos of volunteering in Emergency Services, to ensure the genuine participation of bodies representing the volunteer in the decision making process and to provide essential equipment and appropriate training necessary to enable their duties to be carried out effectively.

Question put and passed.

 

67      federal Government Economic Policies ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr S.J. Baker ‑ That this House ‑

(a)  views with alarm the dramatic deterioration in the rural economy, the cost pressures bankrupting small businesses, the inflated Australian dollar destroying export potential and the decline in domestic demand impacting on manufacturing and commercial enterprises which collectively are contributing to a severe recession in this State and nation;

(b)  condemns the Federal Government, and in particular Prime Minister Hawke and Treasurer Keating, for the high interest rate, high inflation, high external debt and high Australian dollar policies being pursued;  and

(c)  calls on the Federal Government to radically change its policies to reverse the downward economic trend, or resign.


456

 

Question ‑ That the motion be agreed to ‑ put.

House divided (No. 3):

       Ayes, 22.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Matthew

Mr Meier

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Lewis (Teller)

 

       Noes, 22.

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. L.M.F. Arnold (Teller)

 

 

Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes.

So it passed in the negative.

 

68      Australian Economy ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Meier ‑ That this House congratulates Senator Walsh for his remarks in stating that the Prime Minister "needs a spine transplant" and congratulates Senator Button for predicting the inevitability of hard times ahead for Australia and no improvement in living standards and condemns both the Federal and State Governments for the way they have handled the economy during the past eight years and in particular for the way they have treated the agricultural and rural industry in general.

 


457

 

      Question put.

      House divided (No. 4):

       Ayes, 22.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Meier (Teller)

 

       Noes, 22.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. D.J. Hopgood (Teller)

 

 

Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes.

      So it passed in the negative.

 

69      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No. 38 be an Order of the Day for Thursday 16 May.

 

70      Hallett Cove School ‑ Motion re

Mr Matthew ‑ That this House calls on the Government, as a matter of priority, to make provision for education to year 12 at the Hallett Cove School:

Which Mr Ferguson has moved to amend by leaving out the words "as a matter of priority, to make provision for" and inserting in lieu thereof the words "to consider the provision of" and by adding, after the word "School", the words "according to the priorities of the area and the Education Department".

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

Question ‑ That the motion as amended be agreed to put and passed.

 

71      Marino Rocks Marina E.I.S. ‑ Motion re

Order of the Day read for the adjourned debate on the motion of Mr Matthew ‑  That this House calls on the Government to accept the offer from the Burlock Group of Companies to conduct an environmental impact statement for the proposed Marino Rocks Marina, or in the event of any other company proposing a marina development at Marino Rocks, that an EIS be required before approval is given for the project to proceed to construction stage.

Question put and negatived.

 

 

 


458

 

72      Postponement of business

Ordered ‑ That Order of the Day (Other Business) No.43 be an Order of the Day for Thursday 16 May.

 

73      Crime Prevention Strategies

Order of the Day read for the adjourned debate on the motion of Mr Hamilton ‑  That this House congratulates the Government and the Attorney‑General for the ongoing implementation of crime prevention strategies, including the broad‑based "Coalition Against Crime" and data mapping projects and further, this House congratulates the Government for involving non‑government representatives, business, unions, community groups, local government and the media in its fight against crime:

Which Mr Oswald has moved to amend by leaving out all words after "House" and inserting the words "applauds the contribution of non‑Government representatives, business, union, community groups, local government and the media, in the implementation of crime prevention strategies, but acknowledges that it is not a substitute for the proper policing of the community and that they must work with the Police in order to do this effectively, and calls on the Government to consider subsidising the Neighbourhood Watch Association dollar for dollar so that the organisation can better play the part expected of it."

Which Mr Ferguson has moved to amend by leaving out all words after "House" and inserting the words"

(a)  Supports the Government and the Police in the ongoing implementation of community crime prevention strategies including the broad‑based "Coalition Against Crime" and crime data mapping projects.

(b)  Supports the involvement of non‑government representives, business, unions, community groups, local government and the media in the fight against crime.

(c)  Acknowledge the importance of Neighbourhood Watch as an example of a community‑based crime prevention initiative and the need for continuing support of it.

(d)  Recognises that the cornerstone of effective crime prevention must be the traditional criminal justice system including adequate support for the Police."

Question ‑ That all words after the word "House" be left out ‑ put and             passed.

Question ‑ That Mr Oswald's amendment be agreed to ‑ put.

 

 

 

      House divided (No. 5):


459

 

       Ayes, 22.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. T. Chapman

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr Oswald (Teller)

 

       Noes, 22.

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Mr M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. S.M. Lenehan

Mr McKee

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. J.H.C. Klunder (Teller)

 

 

Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes.

So it passed in the negative.

Question ‑ That Mr Ferguson's amendment be agreed to ‑ put and passed.

Question ‑ That the motion as amended be agreed to ‑ put and passed.

 

74      Vandalism and Graffiti

Order of the Day read for the adjourned debate on the motion of Mr Hamilton ‑  That this House enjoins the Government to initiate specific programs to effectively reduce the incidence of vandalism and graffiti in our community and that this House believes that all sections of the community including the Local Government Association be involved with the Government to formulate position strategies to address these two issues.

Question ‑ That the motion be agreed to ‑ put and passed.

 

75      Messages from the Legislative Council

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

 

Housing Agreement Bill                                                                          Message No. 109

MR SPEAKER ‑ The Legislative Council has agreed to the Resolution contained in Message No. 110 from the House of Assembly requesting that Her Excellency The Governor to make proclamations pursuant to Part III of the National Parks and Wildlife Act, 1972.

Legislative Council, 11 April 1991                                                   G.L. Bruce, PRESIDENT

 

Certain National Parks ‑ Motion re                                                                      Message No. 110

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to approve the execution on behalf of the State of an agreement between the Commonwealth, the State, the Northern Territory of Australia and the Australian Capital Territory relating to housing; to repeal the Housing Agreement Act 1984; and for other purposes, without any amendment.

Legislative Council, 11 April 1991                                                   G.L. Bruce, PRESIDENT

 

 

 


460

 

76      Suspension and resumption

At 5.34 p.m. the sitting of the House was suspended.

At 5.45 p.m. the Speaker resumed the Chair.

 

77      Suspension and resuption

      At 5.48 p.m. the sitting of the House was suspended.

      At 11.00 p.m. the Speaker resumed the Chair.

 

78      Messages from the Legislative Council

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

 

Stamp Duties (Concessional Duty and Exemptions) Amendment Bill                 Message No. 111

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, without any amendment.

Legislative Council, 11 April 1991   G.L. Bruce, PRESIDENT

 

State Supply (Miscellaneous) Amendment Bill                                       Message No. 112

MR SPEAKER ‑ The Legislative Council has passed the Bill transmittedherewith, titled an Act to amend the State Supply Act, 1985, to which it desires the concurrence of the House of Assembly.

Legislative Council, 11 April 1991                                                   G.L. Bruce, PRESIDENT

 

Bill read a first time.

The Deputy Premier moved ‑ That this Bill be read a second time.

Ordered, on motion of Mr S.G. Evans, that the debate be adjourned until Tuesday 14 May.

 

79      Suspension and resumption

The Deputy Premier moved ‑ That the sitting of the House be suspended until 4.00 p.m. tomorrow.

Debate ensued.

Question put and passed.

 

80      Suspension and resumption

At 11.07 p.m. the sitting of the House was suspended.

___________

 

It being 12 midnight

FRIDAY 12 APRIL 1991

___________

 

At 4.00 p.m. the Deputy Speaker resumed the Chair.

 

81      Message from the Legislative Council

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

 

Racing (Sporting Events Betting and Appeals) Amendment Bill                         Message No.113

The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Racing Act 1976, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 11 April 1991                                                   G.L. Bruce, PRESIDENT

 


461

 

Schedule of the amendments made by the Legislative Council

No. 1.   Page 2, line 8 (clause 6) ‑ Leave out the clause and insert new clause as follows:‑

      "6. Section 84i of the principal Act is amended ‑

(a)  by striking out paragraph (d) of subsection (1) and substituting the following paragraph:

(d)  may conduct totalizator betting on any other sporting event or combination of sporting events (whether held within or outside Australia) prescribed by regulation.;

            and

            (b)  by striking out subsection (2)."

No. 2.   Page 2, lines 12 and 13 (clause 7) ‑ Leave out all words in these lines and insert ‑

                           '"approved sporting event" means a sporting event or combination of sporting events (whether held within or outside Australia) declared by regulation to be an approved sporting event for the purposes of this Part:'.

No. 3.   Page 2, lines 16 to 23 (clause 7) ‑ Leave out all words in these lines.

C.H. Mertin, 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:

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

 

82      Suspension and resumption

At 4.06 p.m. the sitting of the House was suspended.

At 5.00 p.m. the Deputy Speaker resumed the Chair.

 

83      Message from the Legislative Council

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

 

Citrus Industry Bill

The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the organization and development of the citrus industry and the marketing of citrus fruit; to repeal the Citrus Industry Organization Act 1965; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 1991                                                               G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1.   Page 3, line 12 (clause 5) ‑ Leave out "seven" and insert "eight".

No. 2.   Page 3, line 14 (clause 5) ‑ Leave out "three" and insert "four".

No. 3.   Page 4, line 29 (clause 7) ‑ Leave out "Four" and insert "Five".

C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered ‑ That the Message be taken into consideration forthwith.

 


462

 

In Committee

 

Resolved ‑ That the amendment be agreed to.

___________

 

The House having resumed:

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

 

84      State Supply (Miscellaneous) Amendment Bill

Ordered ‑ That the adjourned debate on the question ‑ That the State Supply (Miscellaneous) Amendment Bill be now read a second time ‑ be now resumed.

Suspension of Standing Orders

The Minister of Employment and Further Education (Hon. L.M.F. Arnold), without notice, moved ‑ That Standing Orders be so far suspended as to enable the 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.

 

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

 

                                                   Clauses Nos 1 to 8 agreed to.

                                                   Schedule agreed to.

                                                   Title agreed to.

___________

 

The House having resumed:

Mr M.J. Evans reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

86      Suspension and resumption

At 8.00 p.m. the sitting of the House was suspended.

At 8.15 p.m. the Deputy Speaker resumed the chair.

 

 

 


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87      Messages from the Legislative Council

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

 

Statutes Amendment (Attorney‑General's Porfolio) Bil               l           Message No. 116

MR SPEAKER ‑ The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Industrial Conciliation and Arbitration Act 1972; to repeal the Public Service Arbitration Act 1968; and to make related amendments to the Education Act 1976, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

Legislative Council, 11 April 1991                                                   G.L. Bruce, PRESIDENT

 

Local Government Act Amendment Bill (No. 3)                                      Message No. 117

MR SPEAKER ‑ The Legislative Council has agreed to the amendments made by the House of Assembly in the Statutes Amendment (Attorney‑General's Portfolio) Bill, without any amendment.

Legislative Council, 11 April 1991                                                   G.L. Bruce, PRESIDENT

 

Industrial Conciliation And Arbitration (Commonwealth Provisions)

      Amendment Bill                                                                                Message No. 117

MR SPEAKER ‑ The Legislative Council does not insist on its Amendment No. 40 in the Local Government Act Amendment Bill (No. 3) to which the House of Assembly has disagreed. The Bill is returned herewith.

Legislative Council, 11 April 1991   G.L. Bruce, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No. 1    Page 6, lines 4 to 7 (Clause 7) ‑ Leave out subsection (2) and substitute:

" (2) A Commissioner may be appointed on an acting basis and, in that event, the appointment will be for a term (not exceeding six months) specified in the instrument of appointment.

(2a) Subject to this section, a Commission is, unless lawfully removed, entitled to hold office until the age of 65 years, and will cease to hold office on attaining that age.

(2b) A Commissioner who has been appointed on an acting basis ceases to hold office on the expiration of the term, of appointment."

No. 2    Page 6, line 46 (clause 7) ‑ Leave out ", except on leave of absence," and substitute ", except for the purposes of leave,".

No. 3    Page 8, line 3 (clause 10) ‑ Leave out paragraph (a).

No. 4    Page 8, lines 15 to 21 (clause 10) ‑ Leave out all words in these lines.

No. 5    Page 9, lines 24 to 47 (clause 15) ‑ Leave out the clause.

No. 6    Page 10, lines 3 to 4 (clause 16) ‑ Leave out paragraphs (a) and (b) and insert:

"(a) by striking out paragraph (b) of subsection (1) and substituting the following paragraph:

(b)  by an employer, or group of employers, employing not less than ‑

(1)  20 employees in the industry concerned where the Commission is satisfied that there is no registered association to which the applicant or applicants belong, or could appropriately and conveniently belong, that could reasonably be expected to bring the application on behalf of the applicant or applicants;


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      or

(ii)   200 employees in the industry concerned or 75 per cent of the employees in that industry (whichever is the less);;

      (b)  by striking out paragraph (c) of subsection (1) and substituting the following paragraph:

      (c)  by not less than ‑

(i)   20 employees in the industry concerned where the Commission is satisfied that there is no registered association to which the applicant or applicants belong, or could appropriately and conveniently belong, that could reasonably be expected to bring the application on behalf of the applicant or applicants;

(ii)   200 employees in the industry concerned or 75 per cent of the employees in the industry concerned (whichever is the less);;"

No. 7    Page 11 ‑ After line 36 insert new clause as follows:

"22a Insertion of s.48a The following section is inserted after section 48 of the principal Act:

48a  Ability of Commonwealth Registrars to act under the Act A Registrar appointed under the Commonwealth Act may, pursuant to an arrangement made between the Minister and the Minister responsible for the administration of the Commonwealth Act, and subject to such conditions or limitations as may be determined by the Minister, exercise the powers of a Registrar appointed under this Act."

No. 8    Page 12, line 10 (clause 23) ‑ Leave out "appointed".

No. 9    Page 12, lines 12 and 13 (clause 23) ‑ Leave out "(issued under this Act or the Commonwealth Act)".

No.10    Page 14, line 17 and 18 (clause 35 ‑ Leave out all words in these lines after "Full Commission" in line 17 and insert "may stay the operation of the award".

No.11    Page 15, lines 9 and 10 (clause 39) ‑ Leave out paragraph (a).

No.12    Page 15, lines 26 to 29 (clause 39) ‑ Leave out subsection (8) and insert:

"(8) After the commencement of this subsection, an industrial agreement to which an unregistered association of employees is a party cannot be approved by the Commission unless ‑

(a)  the membership of the association consists (wholly or substantially) of employees who cannot appropriately and conveniently belong to a registers association of employees;

            or

            (b)  the agreement varies an industrial agreement previously approved by the Commission."

No.13    Page 15, lines 30 to 32 (clause 40) ‑ Leave out the clause.

No.14    Page 23 (clause 42) ‑ After line 15 insert new section as follows:

      126a "Federations (1) Where ‑

      (a)  a federation of organisations is recognized under the Commonwealth Act;

      and

(b)  one or more of its constituent members are registered under Division III, the federation may, subject to subsection (2) and the regulations, act                        under this Act as the representative of the constituent members that are registered under Division III.

(2)  Nothing in this section limits the right of an organisation that is a constituent member of a federation to represent itself or its members."

No.15    Page 24, lines 32 to 37 (clause 43) ‑ Leave out subsection (3) and insert:

      "(3) Where ‑

      (a) ‑

            (i)   an industrial dispute has been resolved by conciliation or arbitration under this Act;

                  and


465

 

(ii)   the Full Commission determines on application under this section that in the circumstances of the particular case the industrial conduct arose or was prolonged by unreasonable conduct on the part of the person against whom the action is to be brought;

            or

      (b)  the Full Commission determines on application under this section

            that ‑

(i)   all means provided under this Act for resolving an industrial dispute by conciliation or arbitration have failed;

            and

(ii)   there is no immediate prospect of the resolution of the industrial dispute, a person may bring an action in tort notwithstanding the provisions of                      subsection (1)."

No.16    Page 25 ‑ After line 24 insert new clause as follows:

"47a Employees to keep certain records Section 159 of the principal Act is amended by inserting after subsection (7) the following subsection:

(8)  Unless otherwise provided by an award or industrial agreement , where an employer is required to make contributions to a superannuation fund in accordance with the Act or an award or industrial agreement for the benefit of an employee, the employer must, at the time that the employee with a payment of wages, provide the employee with a written record showing any amount paid by the employer to the superannuation fund for the benefit of the employee during the period to which the payment of wages relates."

No.17    Page 25 (clause 48) ‑ After line 42 insert new subsection as follows:

"(4) The Court or Commission must not proceed to act under subsection (3) without first giving the relevant party an opportunity to be heard in relation to the matter."

No.18    Page 26, lines 3 and 4 (clause 49) ‑ Leave out "subsections (1) and (2)" and insert "subsection (1)".

No.19    Page 26, line 5 (clause 49) ‑ Leave out "and".

No.20    Page 26 (clause 49) ‑ After line 7 insert:

      "and

      (c)  by striking out subsection (2)."

No.21    Page 29, lines 12 to 16 (clause 55) ‑ Leave out paragraph (b) and insert:

"(b) any proceedings before the Teachers' Salaries Board at the time of those amendments may continue before the Teachers' Salaries Board as if those amendments had not been affected."

No.22    Page 29, lines 17 and 18 (clause 55) ‑ Leave out "(9), (10) or (11)" and insert "(9) or (10)".

C.H. Mertin, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered ‑ That the Message be taken into consideration forthwith.

 

In Committee

Resolved ‑ That the amendments be agreed to.

___________


466

 

The House having resumed:

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

 

88      Adjournment

House adjourned at 8.23 p.m. until Tuesday 14 May 1991 at 2.00 p.m.

___________

 

MOTION OF WHICH NOTICE WAS GIVEN

 

For Thursday 16 May 1991

         Notice of Motion: Other Business‑‑

 

Mr M.J. Evans to move ‑ That this House is of the opinion that Old Parliament            House should be resumed by the Parliament and that an Interpretative Centre be retained within the Parliament for the provision of appropriate educative and information source for students and others interested in the history of our political process.

___________

 

Present during the day ‑ All the Members except Mr Becker and Hon. M.K. Mayes.

 

 

 

 

 

 

                                                                                                   N.T. Peterson

                                                                                                   SPEAKER

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY