No. 58

 

                             VOTES AND PROCEEDINGS

 

                                    OF THE

 

                               HOUSE OF ASSEMBLY

 

 

                                                       

 

 

                            THURSDAY 29 APRIL 1993

 

 

1     Meeting of House

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

        Chair and read prayers.

 

2     Postponement of business

      Ordered - That Order of the Day (Private Members Bills) No. 1 be postponed and taken

        into consideration after Order of the Day (Private Members Bills) No. 6.

 

3     Postponement of business

      Ordered - That Orders of the Day (Private Members Bills) Nos 2 and 3 be Orders of the

        Day for Wednesday next.

 

4     Local Government (Shopping Trolleys) Amendment Bill

      Order of the Day read for the adjourned debate on the question - That the Local           Government (Shopping Trolleys) Amendment Bill be now read a second time.

      Debate resumed.

      Question put and negatived.

 

5     Classification of Publications (Display of Indecent Matter) Amendment Bill

      Order of the Day read for the adjourned debate on the question - That the Classification   of Publications (Display of Indecent Matter) Amendment Bill be now read a second time.

      Debate resumed.

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

        Wednesday next.

 

6     Economic and Finance Committee - Report

      Mr Quirke brought up the Sixth Report of the Economic and Finance Committee being

        the Annual Report for the year ended March 1993 (Paper No. 187).

      Ordered - That consideration of the Report be an Order of the Day for Wednesday next.

 

7     Postponement of business

      Ordered - severally - That Notices of Motion (Committees/Regulations) Nos 1 to 3 be Notices of Motion for Wednesday next.

 

8     Legislative Review Committee, Interim Report - Motion to note

      Mr Mckee, pursuant to notice, moved - That the Interim Report of the Legislative

        Review Committee on an Inquiry into Matters Pertinent to South Australians Being Able to Obtain Adequate, Appropriate and Affordable Justice In and Through the Courts System, be noted.

 

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

        next.

 

9     Postponement of business

      Ordered - severally - That Notices of Motion (Committees/Regulations) Nos 6 to 9 be

         Notices of Motion for Wednesday next.

 

10    Select Committee on Primary and Secondary Education

      Mr Holloway moved - That the time for bringing up the Report of the Select Committee on Primary and Secondary Education be extended until the first day of the next Session and that the Committee have power to act during the recess.

      Question put and passed.

 

11    Citizen Initiated Referenda Inquiry by Legislative Review Committee - Motion re

      Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this

        House calls on the Legislative Review Committee to submit an interim report on its enquiry into the proposal to introduce citizen initiated referenda and in particular, its understanding of public opinion based on the evidence given to it of:

      (a) the intervals such questions should be put;

      (b) the form of any such questions;

      (c) how to decide if a question should be put;

      (d) whether attendance at the poll should be voluntary;  and

      (e) any other matter relevant,

      before the close of Parliamentary business on Thursday 6 May 1993.

      Debate resumed.

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

        Wednesday next.

 

12    Postponement of business

      Ordered - That Orders of the Day (Committees/Regulations) Nos 3 to 5 be Orders of

        the Day for Wednesday next.

 

13    Death Penalty Referendum - Motion re

      Mrs Kotz, pursuant to notice, moved - That this House is of the opinion that a

        referendum should be held to enable the people of South Australia to indicate their opinion on the reintroduction of the death penalty as a sentencing option for intentional and malicious acts that result in the murder of any person.

      Ordered, on motion of Mrs Hutchison, that the debate be adjourned until Wednesday

        next.

 

14    Modbury Hospital Bed Closure - Motion re

      Mrs Kotz, pursuant to notice, moved - That this House condemns the Government for

        closure of hospital beds and staffing cuts at the Modbury Hospital which have caused distress and hardship to residents in need of medical attention and increased stress to staff and calls on the Government to give priority to re-establishing necessary levels of staffing and the number of beds required for the provision of adequate health care by the Hospital forthwith.

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

        next.

 

15    Isolated Students - Motion re

      Mr Gunn, pursuant to notice, moved - That this House calls on the Government to

        increase financial assistance to parents of isolated students to enable them to have access to educational facilities.

      Ordered, on motion of Mrs Hutchison, that the debate be adjourned until Wednesday

        next.

 

16    National Rail Corporation - Motion re

      Order of the Day read for the adjourned debate on the motion of Mr Gunn - That this House calls on the Government to resist signing away running rights to the National Rail Corporation until the future of Australian National and the rail industry in this State is guaranteed; calls on the Federal Government to re-examine the NRC concept and ensure that the NRC does not interfere in the continued operation and survival of AN and the rail industry in this State and in particular the Rail Workshops at Port Augusta and Islington and further, calls on the Federal Government to immediately commence work on the Darwin-Alice Springs Rail Link and release the $17.5 million for the refurbishment of the Indian Pacific:

        Which Mrs Hutchison has moved to amend by leaving out -

        (a) the words "calls on the Government to resist signing away running rights to the National Rail Corporation until the future of Australian National and the rail industry in this State is guaranteed;"

        (b) the words "re examine the NRC concept and"  and

        (c) all words after "Link".

      Debate resumed.

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

 

17    Petitions No 167

      The Acting Clerk announced that the following Member had lodged a Petition for            presentation:

 

      167 The Minister of Health, Family and Community Services (Hon. M.J. Evans) from 740

        residents of South Australia, requesting that the House urge the Government to fund the vaccination of all children against Influenzae Type B.

 

18    Questions

      Questions without notice were asked.

 

19    Grievance debate

      The Speaker proposed - That the House note grievances.

      Debate ensued.

      Question put and passed.

 

20    Next day of sitting

      The Minister of Education, Employment and Training (Hon. S.M. Lenehan) moved - That the House, at its rising, adjourn until tomorrow at 10.30 a.m.

      Question put and passed.

 

21    National Rail Corporation - Motion re

      Ordered that the adjourned debate on the motion of Mr Gunn - That this House calls

        on the Government to resist signing away running rights to the National Rail Corporation until the future of Australian National and the rail industry in this State is guaranteed; calls on the Federal Government to re-examine the NRC concept and ensure that the NRC does not interfere in the continued operation and survival of AN and the rail industry in this State and in particular the Rail Workshops at Port Augusta and Islington and further, calls on the Federal Government to immediately commence work on the Darwin-Alice Springs Rail Link and release the $17.5 million for the refurbishment of the Indian Pacific:

        Which Mrs Hutchison has moved to amend by leaving out -

        (a) the words "calls on the Government to resist signing away running rights to the National Rail Corporation until the future of Australian National and the rail industry in this State is guaranteed;"

        (b) the words "re examine the NRC concept and"  and

 

 

        (c) all words after "Link" - be now resumed.

      Debate resumed.

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

        Wednesday next.

 

22    Postponement of business

      Ordered - That Order of the Day (Other Motions) No. 2 be an Order of the Day for

        Wednesday next.

 

23    Operation Hygiene Inquiry - Motion re

      Order of the Day read for the adjourned debate on the motion of Mr S.G. Evans - That

        in the opinion of this House, an independent inquiry should be held into Operation Hygiene and in particular as it relates to the conviction of Stephen Fuller and Malcolm Pearn.

      Debate resumed.

      Ordered, on motion of Hon. B.C. Eastick, that the debate be further adjourned until

        Wednesday next.

 

24    Postponement of business

      Ordered - severally - That Orders of the Day (Other Motions) Nos 4 to 17 be Orders of

        the Day for Wednesday next.

 

25    Journalists Register of Interests - Motion re

      Order of the Day read for the adjourned debate on the motion of Hon. J.L. Cashmore - That recognising the power and influence of the media, this House-

      (a) supports the principle that journalists who report Parliamentary proceedings are an integral part of the democratic process; and

      (b) requests the Standing Orders Committee to consider establishing a formal procedure for accreditation of journalists and to consider whether those holding permanent passes as press, radio or television journalists, accredited by the Speaker to cover the proceedings of the Parliament, should be required to complete returns for a register of interests in a similar form to that prescribed for Members of Parliament, such register to be held by the Clerk of the House for inspection by Members of Parliament only and not by any other person:

          Which Mr Atkinson moved to amend by leaving out the words "Standing Orders"

            and inserting in lieu thereof the words "Legislative Review"; by leaving out the words "by the Speaker"; by leaving out the word "Clerk" and inserting in lieu thereof the word "Clerks"; and by leaving out the word "House" and inserting in lieu thereof the word "Houses".

      Debate resumed.

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

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

 

26    Arnotts Limited Takeover - Motion re

      Order of the Day read for the adjourned debate on the motion of Hon. J.P. Trainer - That

        this House condemns the opportunistic, unsolicited and unwelcome attempt by the Campbell's Soup Company of America to take over Arnotts Limited of Australia in an effort to gain control of what Campbell's President described as "Those fabulous brands (those) precious jewels that we see incredible value in" as a basis for Campbell's expansion into Asia to benefit American shareholders regardless of the impact of its takeover on Australian employees of Arnotts, including those working in the Marleston biscuit plant.

      Debate resumed.

      Ordered, on motion of Mr Becker, by leave, that the debate be further adjourned until

        Wednesday next.

 

 

27    Tobacco Products Control (Miscellaneous) Amendment Bill

      Order of the Day read for the adjourned debate on the question - That the Tobacco

        Products Control (Miscellaneous) Amendment Bill be now read a second time.

      Debate resumed.

      Question put and passed.

 

      Bill read a second time.

 

                                 In Committee

                       Clauses Nos 1 and 2 agreed to.

                       Clause No. 3 amended and agreed to.

                       Clauses Nos 4 and 5 agreed to.

                       New Clause No.5a inserted.

                       Clause No. 6 agreed to.

                       Clause No. 7 amended and agreed to.

                       Clause No. 8 amended and agreed to.

                       Clauses Nos 9 and 10 agreed to.

                       Clause No. 11 amended and agreed to.

                       Title agreed to.

 

                                                                     

 

      The House having resumed:

      Mr Ferguson 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.

 

28    Heritage Bill

      Order of the Day read for the adjourned debate on the question - That the Heritage Bill be

        now read a second time.

      Debate resumed.

      Question put and passed.

 

      Bill read a second time.

 

                                 In Committee

                       Clauses Nos 1 to 3 agreed to.

                       Clause No. 4 read.

      Hon. D.C. Wotton moved on page 3, after line 6, to insert new subclause as follows:

        (2a)  One of the members must be a person selected from a panel of three persons

        nominated by the Local Government Association.

      Question put and negatived.

                       Clause otherwise amended and agreed to.

                       Clause No. 5 amended and agreed to.

                       Clause No. 6 agreed to.

                       Clause No. 7 read.

      Hon. D.C. Wotton moved on page 4, after line 26, to insert new subclauses as follows:

        (5) A meeting of the Authority must be open to the public (but the Authority may

        exclude members of the public from the meeting while a particular matter is under consideration if in the opinion of the Authority that exclusion is necessary to protect a place that is or may be of heritage value).

        (6) The Authority must give reasonable notice of its intention to hold a meeting by

        advertisement published in a newspaper ciruclating throughout the State unless urgent circumstances prevent it from doing so.

 

        (7) The minutes of meetings of the Authority must be available during office hours for

        public inspection without charge.

      Question put and negatived.

                       Clause agreed to.

      Hon. D.C. Wotton moved on page 4, after line 26, to insert new Clause 7a as follows:

        7a  Staff of Authority The staff of the Authority will be comprised of -

        (a) persons employed in the Public Service and assigned to assist inthe administration of the Act; and

        (b) persons appointed by the Minister to assist in the administration of the Act; and   

        (c) persons appointed by the Authority with the approval of the Minister on terms and conditions from time to time approved by the Commissioner for Public Employment.

      Question put and negatived.

                       Clause No. 8 amended and agreed to.

                       Clauses Nos 9 to 16 agreed to.

                       Clause No. 17 amended and agreed to.

                       Clause No. 18 amended and agreed to.

                       Clauses Nos 19 to 21 agreed to.

                       Clause No. 22 read.

      Hon. D.C. Wotton moved on page 10, lines 7 to 11, to leave out all words in these lines and   insert in lieu thereof new subclause as follows:

        (3) The Authority must give notice of the application by advertisement published in a

        newspaper circulating throughout the State inviting representations on the question within three months of the date of the notice.

      Question put and negatived.

                       Clause agreed to.

                       Clause No. 23 amended and agreed to.

                       Clauses Nos 24 to 37 agreed to.

                       New Clause 37a inserted.

                       Clauses Nos 38 to 40 agreed to.

                       New Clause 40a inserted.

                       Clauses Nos 41 to 43 agreed to.

                       Schedule 1 agreed to.

                       Schedule 2 agreed to.

                       Clause No. 4 reconsidered.

      The Minsiter of Environment and Land Management (Hon. M.K. Mayes) moved to leave out the word "other" previously inserted.

      Question put and passed.

                       Clause as further amended, agreed to.

                       Title agreed to.

                                                      

 

      The House having resumed:

      Mr Ferguson 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.

 

29    Messages from the Legislative Council

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

 

      Equal Opportunity (Compulsory Retirement) Amendment Bill Message No. 120

      MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled

        an Act to amend the Equal Opportunity Act 1984, to which it desires the concurrence of the House of Assembly.

      Legislative Council, 29 April 1993                 G.L. Bruce, PRESIDENT

 

      Bill read a first time.

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

 

      Public Corporations Bill                              Message No. 121

      MR SPEAKER - The Legislative Council has agreed to the amendments made by the

        House of Assembly in the Public Corporations Bill, without any amendment.

      Legislative Council, 29 April 1993              G.L. Bruce, PRESIDENT

 

      Mutual Recognition (South Australia) Bill             Message No. 122

      MR SPEAKER - The Legislative Council insists on its amendments in the Mutual

        Recognition (South Australia) Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

      Legislative Council, 29 April 1993              G.L. Bruce, PRESIDENT

 

      Ordered - That the Message be taken into consideration forthwith.

 

                                 In Committee

      Resolved - That the disagreement to the Legislative Council's amendments be insisted on.

                                                                     

 

      The House having resumed:

      Mr Ferguson reported that the Committee had considered the Message referred to it and

        had resolved to insist on its disagreement to the Legislative Council's amendments.

 

      Conference

      The Premier (Hon L.M.F. Arnold) moved - That a Message be sent to the Legislative

        Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Mutual Recognition (South Australia) Bill  and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr S.J. Baker, Hon J.L. Cashmore, Mr DeLaine, Mr Holloway and the mover be Managers of the Conference on the part of this House.

      Question put and passed.

 

      Racing (Miscellaneous) Amendment Bill                 Message No. 123

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

        an Act to amend the Racing Act 1976, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

      Legislative Council, 29 April 1993              G.L. Bruce, PRESIDENT

 

           Schedule of the amendment made by the Legislative Council

      Page 8, lines 2 and 3 (clause 23) - Leave out all words in these lines after "is amended" in

        line 2 and insert the following:-

        " -

        (a) by striking out from paragraph (j) "two hundred dollars" and substituting "a division 6 fine";

        (b) by inserting after its present contents as amended by this section (not to be designated as subsection (1)) the following subsection:

              (2) Rules made under subsection (1) may confer powers or impose duties on the

            Board, the Board's secretary or any other person."

                                  J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

      Ordered - That the Message be taken into consideration forthwith.

                                 In Committee

      Resolved - That the amendment be agreed to.

                                                                     

 

      The House having resumed:

      Mr Ferguson reported that the Committee had considered the amendment referred to it

        and had agreed to the same without amendment.

 

30    Extension of time for adjournment

      The Minister of Environment and Land Management (Hon. M.K. Mayes) moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

      Question put and passed.

 

31    Postponement of business

      Ordered - That Orders of the Day (Government Business) Nos 3 to 6 be postponed and

        taken into consideration after Order of the Day (Government Business) No. 8.

 

32    Evidence (Miscellaneous) Amendment Bill

      Order of the Day read for the adjourned debate on the question - That the Evidence

        (Miscellaneous) 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.

 

33    Evidence (Vulnerable Witnesses) Amendment Bill

      Order of the Day read for the adjourned debate on the question - That the Evidence

        (Vulnerable Witnesses) Amendment Bill be now read a second time.

      Debate resumed.

      Question put and passed.

 

      Bill read a second time.

 

                                 In Committee

                       Clauses Nos 1 and 2 agreed to.

                       Clause No. 3 amended and agreed to.

                       Title agreed to.

                                                      

 

      The House having resumed:

      Mr Ferguson 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.

 

34    Adjournment

      House adjourned at 10.20 p.m. until tomorrow at 10.30 a.m.

                                                       

 

      Present during the day - All the Members.

 

 

                                                            N.T. Peterson

                                                            SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY