No 58

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 30 OCTOBER 2001

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the             Chair and read prayers.

 

2       Message from the Governor

      The following Message from the Governor was received and read:

 

      Aquaculture Bill - Recommending                                        Message No 35

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Aquaculture Bill 2001.

Government House, 30 October 2001          E J Neal, GOVERNOR

 

3       Petition No 166

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

 

166       Hon D C Wotton, from 120 residents of South Australia, requesting that the House ensure the enforcement of the law relating to abortion and provide support to pregnant women and their children.

 

4       Paper

The Speaker laid on the Table the Ombudsman Report for 2000-2001

Ordered to be published (Paper No 76A).

 

5       Papers

         The following Papers were tabled:

 

         By the Premier (Hon R G Kerin) –

               Department of the Premier and Cabinet – Report, 2000-2001

 

         By the Minister for Tourism (Hon R G Kerin) –

               Adelaide Convention Centre – Report, 2000-2001

               Adelaide Entertainment Centre – Report, 2000-2001

               South Australian Motor Sport Board – Independent Audit Report to 30 June 2001

               South Australian Tourism Commission – Report, 2000-2001

        

         By the Minister for Human Services (Hon D C Brown) –

               Commissioners of Charitable Funds – Report, 2000-2001

               Department of Human Services – Report, 2000-2001

               Palliative Care in South Australia – Report to Parliament 2001

               South Australian Housing Trust – Report, 2000-2001

 

 

        


By the Minister for Government Enterprises (Hon M H Armitage) –

               Industrial and Commercial Premises Corporation – Report, 2000-2001

               Information Industries Development Centre – Charter, October 2001

               Land Management Corporation – Report, 2000-2001

               Ministerial Statement – State’s Significant Trees Package

               Plan Amendment Report – Salisbury East Policy Area – Interim Operations

 

               Maritime Services (Access) Act – Regulations – Ardrossan

 

         By the Minister for Education and Children’s Services (Hon M R Buckby) –

               Department of Industry and Trade – Report, 2000-2001

               South Australian Government Captive Insurance Corporation – Report, 2000-2001

 

         By the Minister for Environment and Heritage (Hon I F Evans) –

               Animal Welfare Advisory Committee – Report, 2000-2001

               Wilderness Protection Act 1992 – Report, 2000-2001

 

         By the Minister for Water Resources (Hon M K Brindal) –

               South Australian Classification Council – Report, 2000-2001

 

         By the Minister for Local Government (Hon D C Kotz) –

               Corporation By-Laws –

                     Marion –

                           No. 1 – Permits and Penalties

                           No. 2 – Signs

                           No. 3 – Local Government Land

                           No. 4 – Dogs

                           No. 5 – Streets and Roads

                     Port Adelaide Enfield

                           No. 1 – Permits, Offences, Penalties and Repeal

                           No. 2 – Moveable Signs

                           No. 3 – Local Government Land

                           No. 4 – Roads

                           No. 5 – Dogs

                           No. 6 – Lodging Houses.

 

6       Questions

         Questions without notice were asked.

 

7       Social Development Committee - Report – Biotechnology – Part 2 – Food Production

Mr Scalzi brought up the Fifteenth Report of the Social Development Committee on Biotechnology – Part 2 – Food Production (Paper No 240).

Report received.

 

8       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

9       Controlled Substances (Cannabis) Amendment Bill

The Minister for Human Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

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 Mrs Geraghty, that the debate be adjourned until tomorrow.

 


10      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 7 be postponed and taken into consideration after Order of the Day: Government Business No 8.

 

11      Unclaimed Superannuation Benefits (Miscellaneous) Amendment Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

12      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 5 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

13      Workers Rehabilitation and Compensation (Miscellaneous) Amendment Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 and 2 agreed to.

 

       Mr Wright moved to insert a new clause as follows:

              Amendment of s. 6—Territorial application of this Act

                    2A. Section 6 of the principal Act is amended—

                    (a)       by inserting in subsection (1) "of South Australia (the State)" after "and the State";

                    (b)      by striking out from subsection (2) "a State" and substituting "the State";

                    (c)       by inserting after paragraph (b) of subsection (2) the following word and paragraph:

                                              or

                                      (c)     the worker is usually employed in 2 or more States, the employer's principal place of business in connection with the employment is in the State and—

                                              (i)         the employer pays a levy to the Corporation in respect of the worker under Part 5; or

                                              (ii)        the worker is not protected against employment-related disabilities by a corresponding law.;

                    (d)       by striking out from subsection (3) "this State" and substituting "the State";

                    (e)       by striking out from subsection (3)(b) "is employed" and substituting "does spend some time working in the State";

                    (f)       by striking out from clause 3 "the State" and substituting "that State";

                    (g)       by striking out from clause 4 "a particular State" and substituting "the State".

 

      To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

14      Suspension of Standing Orders

The Minister for Education and Children’s Services, without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion, without notice, forthwith.

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

 

         Recission of Vote

The Minister for Education and Children’s Services then moved – That the vote taken earlier today on the third reading of the Unclaimed Superannuation Benefits (Miscellaneous) Amendment Bill be rescinded.

Question put and passed, there being present an absolute majority of the whole number of Members of the House.

 

         Unclaimed Superannuation Benefits (Miscellaneous) Amendment Bill

The Speaker left the chair and the House resolved itself into a Committee of the Whole.

 

In Committee

                                                   Clauses Nos 1 to 6 agreed to.

                                                   New Clause No 7 inserted.

                                                   Clauses Nos 8 and 9 agreed to.

                                                   Title agreed to.

____________

 

      The House having resumed:

Hon D C Wotton 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      Victims of Crime 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 19 agreed to.

                                                Clause No 20 read.

 

The Minister for Water Resources moved on page 15, line 26, before the words "the amount" to insert the words “if the numerical value so assigned is 3 or less, no award will be made for non-financial loss but, if the numerical value exceeds 3,”.

Question put.


Committee divided (No 1):

 


                                Ayes, 21

 

Hon M H Armitage

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon M K Brindal (Teller)


        Noes, 19

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Clarke (Teller)


 

         So it was resolved in the affirmative.

 

                                                Clause, as amended, agreed to.

                                                Clauses Nos 21 to 29 agreed to.

                                                New Clause No 30 inserted.

                                                Clause No 31 agreed to.

                                                New Clause No 32 inserted.

                                                Clauses Nos 33 and 34 agreed to.

                                                Clause No 35 amended and agreed to.

                                                Clauses Nos 36 and 37 agreed to.

                                                Schedules Nos 1 and 2 agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton 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.

 

16      Messages from the Legislative Council

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

 

         Liquor Licensing (Reviews, Appeals and Noise Complaints) Amendment Bill                                                 Message No 117

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Liquor Licensing Act 1997, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 30 October 2001                                          J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 


         Rail Transport Facilitation Fund Bill                                           Message No 118

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to facilitate rail transport by establishing a fund dedicated for the purpose; and for other purposes, without any amendment.

         Legislative Council, 30 October 2001                                          J C Irwin, PRESIDENT

 

17      Adjournment

         The Minister for Water Resources moved - That the House do now adjourn.

         Debate ensued.

         Question put and passed.

         House adjourned at 9.06 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 31 October 2001

 

         Notice of Motion: Committee Reports

 

Mr Scalzi to move – That the Fifteenth Report of the Social Development Committee on an inquiry into Biotechnology – Part 2  – Food Production be noted.

 

 

         For Thursday 1 November 2001

 

         Notices of Motion: Other Motions

 

Ms Key to move – That this House notes the increasing evidence linking foundry emissions with health concerns including asthma, respiratory ailments, reproductive hazards and cancer and calls on the Government to take immediate steps to –

(a)     conduct health surveys and make available medical tests for residents located next to foundries in the western and north western suburbs of Adelaide;

(b)     carry out an independent scientific study on atmospheric pollutants created by foundries in these areas;

(c)     establish an independent occupational health and safety audit into workers' exposure to toxic foundry chemicals; and

(d)     encourage foundries to relocate to the Foundry Park precinct.

 

Mr Lewis to move – That Standing Order 8.1 be amended such that the Standing Order would then read: –

“8   Mode of decision between candidates (13)

            If more than one Member is proposed and seconded as Speaker,

1.   each Member of the House then present shall be called forward to the Table of the House by the Clerk or Deputy Clerk to be given a ballot paper by the Clerk or Deputy Clerk upon which all names of the Members of the House shall be printed and shall then whilst in attendance at the Table strike out the name of the nominated candidate they choose to be Speaker of the House (if any) and place it in the ballot box which shall be situated at the front of the Table near the mace, until all Members have cast their ballot whereupon the Clerk and the Deputy Clerk shall count the ballot;"

and that Standing Orders in other places be similarly amended to provide for the same process of balloting for the Chairman of Committees and all other office holders of the various Committees of the Parliament to which the House elects Members with each and any vacancy for which there is more than one Member proposed and seconded determined in the same manner.

 


Mr Lewis to move – That this House condemns the government for its duplicity and deceit in its loose and contradictory interpretations of the meaning of Section 16A in the Parliamentary Committees Act defining a "public work" and calls on the Attorney-General to require the Crown Solicitor to apologise to the House for the confusion created by his contradictory advice and opinions as it relates to the Old Treasury Building redevelopment and reasserts its view that –

(a)     If a work is worth $4m and constructed on land of the Crown it is a "public work" regardless of whether any of the money comes from appropriations from the State's budget; and

(b)     If the work, when all stages of construction is complete, and the contribution from the State's taxpayers is more than $4m, and regardless of how much is contributed by any other party, it is a "public work".

 

 

 

____________

 

 

         Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes - Mr Condous and Mr Hamilton-Smith.

               Noes - Hon M D Rann and Mr Snelling.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY