No 56

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 24 MAY 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2       Petitions Nos 75 and 76

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

 

75   The Minister for Education and Children’s Services (Hon J D Lomax-Smith), from 1005 residents of South Australia, requesting the House to urge the Government to intervene to ensure the preservation of the Barossa Wine Train.

 

76   Hon G M Gunn, from 87 members of the South Australian Community, requesting the House to urge the Government to implement a culling program to reduce the number of Corellas in the Flinders Ranges.

 

3        Message from the Governor

The following Message from the Governor was received and read:

 

Assent to Bill                                                                                          Message No 19

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Act was assented to during the fourth Session of the 50th Parliament, viz.-

No 15 of 2005 -         An Act to amend the Partnership Act 1891; and to make a related amendment to the Business Names Act 1996.

Government House, 24 May 2005                                       M Jackson-Nelson, GOVERNOR

 

4       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Act –

                  Public Corporations – Information Industries Development Centre

 

By the Minister for Transport (Hon P F Conlon) –

      National Transport Commission – Report 2003-2004

 

By the Attorney-General (Hon M J Atkinson) –

      National Classification Code – Part 6 of the Intergovernmental Agreement on Censorship

 

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

      Regulations under the following Act –

                  Water Resources – Barossa Prescribed Water Resources Area

 

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Rules –

                  Industrial and Employee Relations - Industrial Proceedings – Amendments

 

By the Minister for Disability (Hon J W Weatherill) –

      Disability Action Plans for South Australia, Promoting Independence – 4th Progress Report on Implementation – December 2004

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Regulations under the following Acts –

                  Aquaculture – Miscellaneous Fees

                  Primary Industry Funding Schemes – Cattle Industry Fund

 

By the Minister for State/Local Government Relations (Hon R J McEwen) –

      Local Council By-Laws –

                  City of Prospect - No. 3 - Local Government Land

                  The Barossa Council –

                        No. 1 - Permits and Penalties

                        No. 2 - Moveable Signs

                        No. 3 - Roads

                        No. 4 - Local Government Land

                        No. 5 - Dogs and Cats

                        No. 6 - Nuisances Caused by Building Sites

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Acts –

                  Liquor Licensing –

                        City of Marion

                        Goolwa

                        Hamilton Secondary College

                  Prices – Unsold Bread.

 

5       Natural Resources Committee - Reports –

 

Lower Murray Reclaimed Irrigation Areas

         Mr Rau brought up the Second Report of the Committee on the Lower Murray Reclaimed Irrigation Areas.

Report received.

Ordered to be published (Paper No 198).

 

Meningie and Narrung Irrigators

         Mr Rau brought up the Third Report of the Committee on the Meningie and Narrung Irrigators.

Report received.

Ordered to be published (Paper No 199).

 

6       Social Development Committee - Report – Statutes Amendment (Relationships) Bill 2004

         Mr Snelling brought up the Twenty First Report of the Committee on the Statutes Amendment (Relationships) Bill 2004.

Report received.

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Children’s Protection (Keeping Them Safe) Amendment Bill

The Minister for Families and Communities (Hon J W Weatherill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Children’s Protection Act 1993; and to make a related amendment to the Family and Community Services Act 1972.

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 Ms Chapman, that the debate be adjourned until tomorrow.

 

10      Postponement of business

Ordered - That Notice of Motion: Government Business No 2 to be postponed and taken into consideration after Notice of Motion: Government Business No 3.

 

11      Recreational Services (Limitation of Liability) (Miscellaneous) Amendment Bill

The Minister for Consumer Affairs (Hon K A Maywald), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Recreational Services (Limitation of Liability) Act 2002.

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 Ms Chapman, that the debate be adjourned until tomorrow.

 

12      Citrus Industry Bill

The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the South Australian Citrus Industry Development Board and for administration by the Board of a fund for citrus industry purposes; to repeal the Citrus Industry Act 1991; 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 Ms Chapman, that the debate be adjourned until tomorrow.

 

13      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 6.

 

14      Statutes Amendment (Universities) 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 to 22 agreed to.

Clause No 23 amended and agreed to.

Clauses Nos 24 to 46 agreed to.

Schedule agreed to.

Title agreed to.

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

 

 

 

15      Education (Extension) Amendment Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 and 2 agreed to.

Clause No 3 read.

 

Ms Chapman moved on page 2, line 11, to delete “1 September 2006” and substitute:

1 December 2005

Question – That the amendment be agreed to – put.

 

         Committee divided (No 1):

 

           Ayes, 18

 

           Noes, 22

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Mr Hanna

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Mr  Lewis

Hon K A Maywald

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mr Scalzi

Mr Rau

Mr Venning

Hon L Stevens

Mr Williams

Hon R B Such

Ms Chapman (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon J D Lomax-Smith (Teller)

 

         So it passed in the negative.

 

Clause No 3 agreed to.

Title agreed to.

____________

 

         The House having resumed:

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

 

The Minister for Education and Children’s Services (Hon J D Lomax-Smith) moved - That this Bill be now read a third time.

Debate ensued.

Question put.

 

 

 

 

 

 

 

 

 

 

         House divided (No 2):

 

           Ayes, 22

           Noes, 20

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon R G Kerin

Hon K A Maywald

Hon D C Kotz

Hon R J McEwen

Mr I P Lewis

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Mr Rau

Mrs Penfold

Mr Snelling

Mrs Redmond

Hon L Stevens

Mr Scalzi

Ms Thompson

Mr Venning

Hon J W Weatherill

Mr Williams

Hon P L White

Ms Chapman (Teller)

Hon M J Wright

 

Hon J D Lomax-Smith (Teller)

 

 

         So it was resolved in the affirmative.

 

         Bill read a third time and passed.

 

16      Extension of time for adjournment

Ordered, on motion of the Minister for Education and Children’s Services, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

17      Messages from the Legislative Council

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

 

         Mining (Royalty) Amendment Bill                                                           Message No 53

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Mining Act 1971, without any amendment.

         Legislative Council, 23 May 2005                                                    R R Roberts, PRESIDENT

 

         Pitjantjatjara Land Rights (Regulated Substances) Amendment Bill      Message No 54

MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Pitjantjatjara Land Rights (Regulated Substances) Amendment Bill, for the reason indicated in the annexed Schedule.  The Legislative Council returns the Bill herewith and desires its reconsideration.

         Legislative Council, 24 May 2005                                                    R R Roberts, PRESIDENT

 

Schedule of the Amendments made by the House of Assembly

and disagreed to by the Legislative Council

 

Amendment No 1 -

Clause 5 – delete the clause.

 

Amendment No 2 -

Clause 7, page 3, lines 17 to 40 and page 4 lines 1 to 21 –

          Delete all words in these lines.

 

Amendment No 3 -

Clause 9 – delete the clause.

 

Schedule of the Reason for disagreeing to the foregoing Amendments

Because the amendments are inappropriate.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

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

 

         Fire and Emergency Services Bill                                                          Message No 55

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to

establish the South Australian Fire and Emergency Services Commission; to provide for the continuation of a metropolitan fire and emergency service, a country fire and emergency service, and a State emergency service; to provide for the prevention, control and suppression of fires and for the handling of certain emergency situations; to make related amendments to other Acts; to repeal the Country Fires Act 1989, the South Australian Metropolitan Fire Service Act 1936 and the State Emergency Service Act 1987; 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, 24 May 2005                                                    R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 3, page 9, lines 3 and 4—

Delete the definition of associate member and substitute:

appointed member of the Board means a member of the Board appointed by the Governor under section 11(1)(e);

 

Amendment No 2

Clause 11, page 15, lines 31 to 36—

Delete paragraphs (e) and (f) and substitute:

  (e)     5 members appointed by the Governor of whom—

  (i)     2 must be persons appointed on the nomination of the South Australian Volunteer Fire-Brigades Association; and

  (ii)     2 must be persons appointed on the nomination of S.A.S.E.S. Volunteers' Association Incorporated; and

  (iii)     1 must be a person appointed on the nomination of the LGA.

 

Amendment No 3

Clause 11, page 15, lines 37 to 39—

Delete subclause (2)

 

Amendment No 4

Clause 11, page 16, lines 3 to 37—

Delete subclauses (4), (5) and (6) and substitute:

  (4)     The Governor may appoint a suitable person to be the deputy of a member of the Board (including an ex officio member of the Board) and that person may, in the absence of that member, act as a member of the Board.

 

Amendment No 5

Clause 12, page 16, line 39—

Delete "associate" and substitute:

appointed

 

Amendment No 6

Clause 12, page 17, line 1—

Delete "associate member of the Board (other than a member under section 11(1)(f))" and substitute:

appointed member of the Board

 

Amendment No 7

Clause 12, page 17, lines 5 to 7—

Delete subclause (3)

 

Amendment No 8

Clause 12, page 17, line 8—

Delete "associate" and substitute:

appointed

 

Amendment No 9

Clause 12, page 17, line 14—

Delete "associate" and substitute:

appointed

 

Amendment No 10

Clause 13, page 17, line 22—

Delete "associate" and substitute:

appointed

 

Amendment No 11

Clause 13, page 17, lines 24 to 26—

Delete subclause (3)

 

Amendment No 12

Clause 14, page 17, line 29—

Delete "(and voting)"

 

Amendment No 13

Clause 14, page 17, line 31—

Delete subclause (2) and substitute:

  (2)     5 members of the Board constitute a quorum of the Board.

 

Amendment No 14

Clause 14, page 17, line 32—

Delete "ex officio"

 

Amendment No 15

Clause 14, page 17, line 35—

Delete subclause (4)

 

Amendment No 16

Clause 14, page 18, line 7—

Delete "ex officio"

 

Amendment No 17

Clause 18, page 20, lines 13 to 23—

Delete subclause (3) and substitute:

  (3)     The Advisory Board consists of the following members appointed by the Minister:

  (a)     1 member appointed to be the presiding member of the Advisory Board; and

  (b)     2 members appointed on the nomination of the South Australian Volunteers Fire-Brigade Association; and

  (c)     2 members appointed on the nomination of S.A.S.E.S. Volunteers' Association Incorporated; and

  (d)     1 member appointed on the nomination of the LGA.

 

Amendment No 18

Clause 18, page 20, after line 27—

Insert:

(4a)    At least 1 member of the Advisory Board must be a woman and at least 1 member must be a man.

 

Amendment No 19

Clause 18, page 21, after line 12—

Insert:

(9a)    4 members of the Advisory Board constitute a quorum of the Board.

 

Amendment No 20

Clause 18, page 21, line 13 and 14—

Delete subclause (10)

 

Amendment No 21

Clause 71, page 46, line 9—

After "local government" include:

, at least 1 being a suitable person to represent rural councils,

 

Amendment No 22

Clause 71, page 46, after line 15—

Insert:

(va)    a nominee of the Minister, being a person who is a practising pastoralist and who resides outside local government boundaries;

 

Amendment No 23

Clause 84, page 56, after line 9—

Insert:

  (3)     If, in the opinion of the Chief Officer, a rural council has failed to comply with subsection (1), the Chief Officer may refer the matter to the Minister to whom the administration of the Local Government Act 1999 has been committed (with a view to that Minister taking action in relation to the council under that Act).

 

Amendment No 24

Clause 85, page 56, after line 19—

Insert:       

  (4)     If, in the opinion of the Chief Officer, a Minister, agency or instrumentality of the Crown has failed to comply with a preceding subsection, the Chief Officer may refer the matter to the Minister.

  (5)     If a matter is referred to the Minister under subsection (4), the Minister must ensure that a written response, setting out the action that the Minister has taken or proposes to take, is provided to the Chief Officer within 28 days after the referral of the matter to the Minister.

  (6)     The Minister must—

  (a)     at the same time as the Minister provides a response under subsection (5)—provide a copy of the initial correspondence from the Chief Officer, and of the Minister's response to the Chief Officer, to any member of the House of Assembly whose electoral district includes any part of the land in question; and

  (b)     within 3 sitting days after the Minister provides a response under subsection (5)—cause a report on the matter to be provided to both Houses of Parliament.

 

Amendment No 25

New clause, page 63, after line 29—

Insert:

99A—Fire control measures by owners of land in certain circumstances

  (1)     Subject to this section, an owner of land may, if he or she believes on reasonable grounds that it is necessary or appropriate to do so in order to fight a fire that is on, or immediately threatening, the land—

  (a)     light another fire (despite any other provision of this Act);

  (b)     clear any vegetation (despite any provisions of another Act).

  (2)     A person may only act under subsection (1)—

  (a)     if he or she is acting with the concurrence of an officer of SACFS; or

  (b)     if no officer of SACFS is present or in the immediate vicinity and he or she is acting with the concurrence of a member of SACFS; or

  (c)     if no member of SACFS is present or in the immediate vicinity.

  (3)     No liability will attach to a member of SACFS, or to the Crown—

  (a)     with respect to a decision to concur, or not to concur, with the taking of any action under this section; or

  (b)     with respect to the taking of any action by an owner of land under this section.

 

Amendment No 26

Schedule 6, page 94, after line 37—

Insert new clause as follows:

17A—Presiding member of Commission

  (1)     Despite section 11(1)(a) of this Act, the person first appointed to be the presiding member of the Board of the South Australian Fire and Emergency Services Commission need not hold the position of Chief Executive of the Commission.

  (2)     The following provisions will apply if a person is appointed pursuant to subclause (1):

  (a)     the person will be appointed on conditions determined by the Governor and for a term specified in the instrument of appointment;

  (b)     the person will be taken to be an ex officio member of the Board for the purposes of the other provisions of this Act.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

Superannuation Funds Management Corporation of South Australia (Miscellaneous) Amendment Bill                  Message No 56

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Superannuation Funds Managements Corporation of South Australia Act 1995, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 24 May 2005                                                    R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for tomorrow.

 

18      Statutes Amendment (Environment and Conservation Portfolio) Bill

Order of the Day read for the consideration of the amendment of the Legislative Council in this Bill.

 

In Committee

Resolved – That the amendment be agreed to.

____________

 

         The House having resumed:

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

 

19      Environment Protection (Miscellaneous) Amendment Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

 

In Committee

Resolved – That the amendments be agreed to.

____________

 

         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.

 

 

20      Heritage (Heritage Directions) Amendment Bill

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

 

In Committee

Clause No 17 further considered, amended and agreed to.

Clauses Nos 18 to 23 agreed to.

Clause No 24 read.

 

Mr Hanna moved on page 15, lines 24 and 25, to delete ", subject to any direction of the Minister under this section,"

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

 

Mr Hanna moved on page 15, lines 28 to 41, page 16, lines 1 to 9, to delete subsections (6), (7), (7a), (7b) and (7c) and substitute:

     (6)     If, after considering the representations (if any) made under this section, the Council is of the opinion that the entry in the Register should not be confirmed, the Council must remove the provisional entry from the Register.

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

 

Clause No 24 otherwise amended and agreed to.

Clause No 25 agreed to.

Clause No 26 read.

 

Mr Hanna moved on page 16, lines 36 and 37, to delete subsection (1b)

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

 

Clause No 26 agreed to.

Clauses Nos 27 to 34 agreed to.

Clause No 35 amended and agreed to.

Clauses Nos 36 to 42 agreed to.

Clauses Nos 43 amended and agreed to.

Clauses Nos 44 and 45 agreed to.

Clauses Nos 46 and 47 amended and agreed to.

Clauses Nos 48 to 55 agreed to.

Schedule agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

21      Adjournment

House adjourned at 11.27 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

 

 

 

            For Wednesday 25 May 2005

 

Notice of Motion: Government Business –

 

The Minister for Health to move - That she have leave to introduce a Bill for an Act to protect the health and safety of the public by providing for the registration of occupational therapists and occupational therapy students; to regulate the provision of occupational therapy for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Occupational Therapists Act 1974; and for other purposes.

 

 

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

 

Dr McFetridge to move That he have leave to introduce a Bill for an Act to amend the Equal Opportunity Act 1984.

 

Dr McFetridge to move That he have leave to introduce a Bill for an Act to promote the provision of genetic testing services for the benefit of members of the public.

 

Dr McFetridge to move That he have leave to introduce a Bill for an Act to amend the Passenger Transport Act 1994.

 

Mr Rau to move That the Natural Resources Committee Report on the Lower Murray Reclaimed Irrigation Areas be noted.

 

Mr Rau to move That the Natural Resources Committee Report on the Meningie and Narrung Irrigators be noted.

 

Mr Snelling to move That the Twenty First Report of Social Development Committee on the Statutes Amendment (Relationships) Bill 2004 be noted.

 

 

            For Thursday 2 June 2005

 

Notices of Motion: Other Motions -

 

Mr Venning to move – That this House condemns the Government for its total lack of major Public Work’s projects, especially country roads, country health facilities, country schools and country recreational facilities.

 

Mr Venning to move – That this House condemns the current Government for failing to honour the previous Government's commitment to build a new Barossa Hospital.

 

 

____________

 

 

Present during the day - All Members except Mrs Hall.

 

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

 

         Division No 1 -

               Ayes - Mrs Hall, Hon W A Matthew.

               Noes – The Premier (Hon M D Rann), the Minister for Infrastructure (Hon P F Conlon).

 

         Division No 2 -

               Ayes - The Premier, the Minister for Infrastructure.

               Noes - Mrs Hall, Hon W A Matthew.

 

 

 

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY