No 58

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 28 JUNE 2004

 

 

1       Meeting of House

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

 

2        Message from the Governor

The following Message from the Governor was received and read:

 

Assent to Bills                                                                                         Message No 21

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

No 16 of 2004 -         An Act to amend the Freedom of Information Act 1991.

No 17 of 2004 –        An Act to amend the Gas Act 1997.

No 18 of 2004 –        An Act to amend the Dog and Cat Management Act 1995.

No 19 of 2004 -         An Act for the appropriation of money from the Consolidation Account for the financial year ending on 30 June 2005.

         Government House, 28 June 2004                          M Jackson-Nelson, GOVERNOR

 

3       Petition No 81

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

 

81   Hon D C Brown, from 19 residents of South Australia, requesting the House to urge the Government to maintain the Repatriation General Hospital as an independent hospital to serve the particular needs of veterans and for the Hospital to retain its Board and receive its funding directly from the Minister for Health.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 309 and 327 were tabled by the Speaker.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 20 be postponed and taken into consideration after Order of the Day: Government Business No 21.

 

8       Pitjantjatjara Land Rights (Executive Board) 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.

 

         Suspension of Standing Orders

Mr Hanna, without notice, moved - That Standing Orders be so far suspended as to enable him to move, without notice, an amendment to the question that the Pitjantjatjara Land Rights (Executive Board) Amendment Bill be now read a second time.

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

 

Reasoned amendment

Mr Hanna then moved - That all words after the word “be” be left out and the words “withdrawn and referred to the Aboriginal Lands Parliamentary Standing Committee for its report and recommendations” be inserted in lieu thereof.

 

Pitjantjatjara Land Rights (Executive Board) Amendment Bill

Question – That the amendment be agreed to.

Debate (interrupted by the foregoing) resumed.

 

9        Matter of Privilege

Dr McFetridge raised as a matter of privilege the alleged intimidation of a witness appearing before the Aboriginal Lands Parliamentary Standing Committee.

The Deputy Speaker (Hon R B Such) advised the House that he would refer the matter to the Speaker for his consideration.

 

10      Pitjantjatjara Land Rights (Executive Board) Amendment Bill

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

Question – That this Bill be now read a second time – put.

 

         House divided (No 1):

 

           Ayes, 40

           Noes, 2

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Hanna (Teller)

Ms Breuer

 

Mr Brokenshire

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Mrs Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon P L White

 

Mr Williams

 

Hon J W Weatherill (Teller)

 

 

         So it was resolved in the affirmative.

 

         Bill read a second time.

 

In Committee

Clause No 1 agreed to.

 

The Minister for Families and Communities (Hon J W Weatherill) moved on page 2, after line 4 to insert a new clause as follows –

1A—Commencement

This Act will come into operation on a day to be fixed by proclamation.

Question – That new clause No 1A be inserted – put.

 

         Committee divided (No 2):

 

           Ayes, 25

           Noes, 17

 

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Brindal

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon R G Kerin

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon W A Matthew

Hon S W Key

Mr Meier

Mr Koutsantonis

Mrs Penfold

Hon I P Lewis

Mr Scalzi

Hon J D Lomax-Smith

Mr Venning

Mrs Maywald

Mr Williams

Hon R J McEwen

Dr McFetridge (Teller)

Mr O'Brien

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Hon L Stevens

 

Ms Thompson

 

Hon P L White

 

Hon J W Weatherill (Teller)

 

 

         So it was resolved in the affirmative.

 

New Clause inserted.

Clause No 2 read.

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Hon R B Such 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.

 

11      Extension of sitting

Ordered, on motion of the Minister for Families and Communities, that the sitting of the House be extended beyond 6.00 pm.

 

12      Pitjantjatjara Land Rights (Executive Board) Amendment Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

Clauses Nos 2 to 7 agreed to.

Clause No 8 amended and agreed to.

Schedule amended and agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such 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.

 

13      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 8 be postponed and taken into consideration after Order of the Day: Government Business No 9.

 

14      Statutes Amendment (Miscellaneous Superannuation Measures) 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.

 

15      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 6 be postponed and taken into consideration after Order of the Day: Government Business No 7.

 

16      Professional Standards 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 14 agreed to.

Clause No 15 read.

 

Ms Chapman moved on page 7, line 28, after “commences” to insert “as follows”

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

Clause No 15 agreed to.

Clauses Nos 16 to 58 agreed to.

Schedules Nos 1 to 3 agreed to.

Title agreed to.

____________

 

         The House having resumed:

Hon R B Such 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.

 

17      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 2.

 

 

 

18      Statutes Amendment (Courts) Bill

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

 

In Committee

Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

19      Speaker's Statement – Matter of Privilege

The Speaker stated that with respect to the matter of privilege raised earlier today by Dr McFetridge, until and unless the Aboriginal Lands Parliamentary Standing Committee chooses to report to the Parliament, it will not be possible for the Chair to make any deliberation as to whether there has been some prima facia instance of infringement of parliamentary privilege.

Further, the Speaker acknowledged that use of the correspondence referred to by Dr McFetridge when raising this matter is protected by parliamentary privilege, however the contents of the letter are not protected should any party other than Members decide to make it justiciable.

 

20      Adjournment

House adjourned at 6.59 pm until tomorrow at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 1 July 2004

 

Notices of Motion: Other Motions -

 

Hon R B Such to move – That this House calls on the Governement to establish a social, political and economic history museum to highlight the many and varied achievements of the people of this State.

 

Hon R B Such to move – That this House calls on the Governement to introduce a Community Road Watch program based on the successful New Zealand model.

 

 

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Present during the day - All Members except the Minister for Administrative Services (Hon M J Wright) and Mrs Redmond.

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 2 -

               Ayes - Minister for Administrative Services, Mr Snelling.

               Noes -Mrs Redmond, Mr Goldsworthy.

 

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY