No 56

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 24 MARCH 2003

 

 

1       Meeting of House

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

 

2       Petitions Nos 84 to 89

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

 

84   The Attorney-General (Hon M J Atkinson), from 261 residents of South Australia, requesting that the House pass legislation providing for the prosecution of child sexual abuse offences committed before 1982.

 

85   The Minister for Environment and Conservation (Hon J D Hill), from 179 residents of South Australia, requesting the House to urge the Government to maintain and service Neonatal Intensive Care beds at Flinders Medical Centre.

 

86   The Deputy Leader of the Opposition (Hon D C Brown), from 701 residents of the Fleurieu Peninsula, requesting the House to urge the Government to ensure that the 2003 State Budget includes funds for the next stage of planning and construction of the Victor Harbor TAFE College, Victor Harbor Senior High School, Port Elliot Primary School and the Administration and Classroom upgrade of Victor Harbor R-7 School.

 

87   Mr Scalzi, from 2407 residents of South Australia, requesting the House to pass legislation providing for the prosecution of sexual offences without time restrictions.

 

88   Hon G M Gunn, from 805 residents of South Australia, requesting the House to urge the Government not to place any more Marine Protected Areas in the waters from Douglas Bank to the top of Spencer Gulf.

 

89   Hon G M Gunn, from 302 electors of South Australia, requesting the House to urge the Government to maintain Hospital Boards and enable consultation to take place to ensure that future health fund cuts do not affect the maintenance of service to the sick, invalids and the aged.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 6, 122, 124, 129, 130 and 132 and questions without notice were tabled by the Speaker.

 

4       Papers

         The Speaker laid on the Table the following reports:

 

Public Works Committee Report on the Flinders Medical Centre Mental Health Capital Project which has been received and published pursuant to section 17(7) of the Parliamentary Committees Act 1991. (PP 203)

 

Pursuant to Section 131 of the Local Government Act 1999 the following annual reports of Local Councils for 2001-2002:

      City of Holdfast Bay

      City of Norwood, Payneham & St Peters

      Port Pirie Regional Council.

 

5       Paper

         The following Paper was tabled:

 

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

      National Environment Protection Council – Report 2001–2002.

 

6       Matter of Privilege – Speaker’s Statement

The Speaker made a statement on a matter of privilege raised on the previous sitting day concerning alleged actions of the Minister for Education and Children’s Services which may have prevented the Member for Kavel from properly discharging his duties as a Member of Parliament.

 

The Speaker stated that he was satisfied that the alleged events even if proved fall short of the definitions of “obstruction” and the “proceedings of the House” against which a claim of breach of privilege should be measured.  He therefore did not intend to give precedence for a motion on this matter.

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Select Committee on Genetically Modified Organisms - Extension of time

Order of the Day read for the Report of the Select Committee on Genetically Modified Organisms to be brought up.

The Minister for Trade and Regional Development (Hon R J McEwen) moved - That the time for bringing up the Report be extended until 2 June 2003.

Question put and passed.

 

10      Select Committee on the Crown Lands (Miscellaneous) Amendment Bill - Extension of time

Order of the Day read for the Report of the Select Committee on the Crown Lands (Miscellaneous) Amendment Bill to be brought up.

The Minister for Trade and Regional Development moved - That the time for bringing up the Report be extended until 28 April 2003.

Question put and passed.

 

11      Message from the Legislative Council

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

 

         Nuclear Waste Storage Facility (Prohibition) Amendment Bill               Message No 72

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Nuclear Waste Storage Facility (Prohibition) Act 2000, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 19 March 2003                                                 R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1.  Page 3, line 2 (clause 1) - Leave out "(Referendum)".

 

No. 2.  Page 3, lines 6 and 7 (clause 2) - Leave out this clause.

 

No. 3.  Page 4, lines 1 to 37 (clause 4) - Leave out this clause and insert new clause as follows:

 

Insertion of s. 15

                            4.  The following section is inserted after section 14 of the principal Act:

 

                                      Expiry of Act

                                                          15.  This Act expires on 19 July 2003.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments be agreed to.

 

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         The House having resumed:

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

 

12      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 3 to 5 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

13      River Murray Bill

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

Debate resumed.

Ordered, on motion of Hon G M Gunn, by leave, that the debate be further adjourned and resumed on motion.

         Question put and passed.

 

14      Extension of sitting

Ordered, on motion of the Minister for Environment and Conservation - That the sitting of the House be extended beyond 6.00pm.

Question put and passed.

 

15      Message from the Legislative Council

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

 

         Freedom of Information (Miscellaneous) Amendment Bill                      Message No 73

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Freedom of Information Act 1991, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 24 March 2003                                                 R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 4.  Page 3, lines 10 to 20 (clause 3) - Leave out subclause (1) and insert:

 

              (1)  The objects of this Act are, consistently with the principle of the Executive Government's         responsibility to Parliament—

 

                    (a)     to promote openness in government and the accountability of Ministers of the Crown and other government agencies and thereby to enhance respect for the law and further the good government of the State; and

 

                    (b)     to facilitate more effective participation by members of the public in the processes involved in the making and administration of laws and policies.

 

                    (1a)     The means by which it is intended to achieve these objects are as follows:

 

                    (a)     ensuring that information concerning the operations of government (including, in particular, information concerning the rules and practices followed by government in its dealings with members of the public) is readily available to Members of Parliament and members of the public; and

 

                    (b)     conferring on Members of Parliament and each member of the public a legally enforceable right to be given access to documents held by government, subject only to such restrictions as are consistent with the public interest and the preservation of personal privacy; and

 

                    (c)     enabling each member of the public to apply for the amendment of such government records concerning his or her personal affairs as are incomplete, incorrect, out-of-date or misleading.

 

 

       No. 5.     Page 3, line 27 (clause 3) - Leave out "object" and insert:

 

                              objects

 

 

No. 6.    Page 3, line 34 (clause 3) - After "assists" insert:

 

                              Members of Parliament and

 

 

No. 7.    Page 4, lines 19 to 21 (clause 4) - Leave out paragraph (g).

 

 

No. 8.    Page 7 (clause 6) - After line 31 insert the following:

 

                              (15a) In publishing reasons for a determination, a relevant review authority may comment

                                      on any unreasonable, frivolous or vexatious conduct by the applicant or the agency.

 

No. 9.    Page 8, lines 7 to 11 (clause 6) - Leave out subclause (1) and insert:

 

(1)     An agency that is aggrieved by a determination made on a review under Division 1

                  may, by leave of the District Court, appeal against the determination to the District

                  Court on a question of law.

 

                              (1a)  A person (other than an agency)—

 

(a)            who is aggrieved by a determination of an agency following an internal review;

 

                                              or

 

                                      (b)     who is aggrieved by a determination that is not subject to internal review; or

 

                                      (c)     who is aggrieved by a determination made on a review under Division 1,

                                               may appeal against the determination to the District Court.

 

No. 10.  Page 8 (clause 6) - After line 15 insert the following:

 

                              (2a) Where an application for review is made under Division 1, an appeal cannot be

                                      commenced until that application is decided and the commencement of an appeal

                                      to the District Court bars any right to apply for a review under Division 1.

 

No. 11.  Page 8, lines 16 and 17 (clause 6) - Leave out subclause (3) and insert:

 

                              (3) The following are parties to proceedings under this section:

 

(a)   the agency;

 

(b)   in the case of an appeal against a determination of an agency following an internal review or a determination made on a review under Division 1—the applicant for the review;

 

(c)   in the case of an appeal against a determination that has not been the subject of a review—the applicant for the determination.

 

 

No. 12.  Page 8, lines 28 and 29 (clause 6) - Leave out subclause (6) and insert:

 

(6) In proceedings under this section—

 

(a)   in the case of proceedings commenced by an agency—the Court must order that the agency pay the other party's reasonable costs; or

 

(b)   in any other case—the Court must not make an order requiring a party to pay any costs of an agency unless the Court is satisfied that the party acted unreasonably, frivolously or vexatiously in the bringing or conduct of the proceedings.

 

 

No. 13.  Page 9 (clause 6) - After line 11 insert the following:

 

             Disciplinary actions

                    42. If, at the completion of any proceedings under this Division, the District Court is of the opinion that there is evidence that a person, being an officer of an agency, has been guilty of a breach of duty or of misconduct in the administration of this Act and that the evidence is, in all the circumstances, of sufficient force to justify it doing so, the Court may bring the evidence to the notice of—

 

(a)   if the person is the principal officer of a State Government agency—the responsible Minister; or

 

(b)   if the person is the principal officer of an agency other than a State Government agency—the agency; or

 

(c)   if the person is an officer of an agency but not the principal officer of the agency—the principal officer of that agency.

 

 

No. 14.  Page 9, lines 14 and 15 (clause 8) - Leave out this clause and insert:

 

Amendment of s. 53—Fees and charges

                    8. Section 53 of the principal Act is amended—

 

(a)   by striking out paragraph (b) of subsection (2);

 

(b)   by inserting in subsection (2) "reasonable administrative" after "reflect the";

 

(c)   by inserting after subsection (2) the following subsections:

 

(2aa) A fee or charge can only be required by an agency under this Act in respect of the costs to the agency of finding, sorting, compiling and copying documents necessary for the proper exercise of a function under this Act and undertaking any consultations required by this Act in relation to the exercise of that function.;

 

(2ab) No fee or charge is payable under this Act by a Member of Parliament in respect of an application under Part 3 for access to documents.

 

 

No. 15.    Page 10, lines 14 to 17 (clause 11) - Leave out paragraph (g).

 

No. 16.    Page 10, lines 21 to 25 (clause 11) - Leave out paragraph (i).

 

 

No. 17.    Page 11, lines 18 to 23 (clause 11) - Leave out paragraph (k).

 

 

No. 18.    Page 11 - After line 23 insert new clause as follows:

 

Amendment of Sched. 2

11A. Schedule 2 of the principal Act is amended by inserting after paragraph (f) the following paragraph:

 

(g)   the Essential Services Commission in relation to—

 

(i)     information gained under Part 5 of the Independent Industry Regulator Act 1999 that would, if it were gained under Part 5 of the Essential Services Commission Act 2002, be capable of being classified by the Commission as being confidential under section 30(1) of that Act; and

 

(ii)    information gained under Part 5 of the Essential Services Commission Act 2002 that is classified by the Commission as being confidential under section 30(1) of that Act;

 

 

No. 19.    Page 11, lines 33 to 40 (clause 12) - Leave out subclause (3).

 

 

         Ordered - That consideration of the amendments be an Order of the Day for tomorrow.

 

16      Adjournment

House adjourned at 6.03 pm until tomorrow at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 25 March 2003

 

Notice of Motion: Government Business –

 

The Deputy Premier (Hon K O Foley) to move – That he have leave to introduce a Bill for an Act to amend the Judges’ Pension Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

 

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

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Graffiti Control Act 1999 and to make a related amendment to the Criminal Law Consolidation Act 1935.

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to provide for the administration of medical procedures to assist the death of patients who are hopelesslly ill and who have expressed a desire for the proceedures, subject to appropriate safeguards.

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

 

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Present during the day - All Members except Mrs Hall.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY