No 59

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 29 JUNE 2004

 

 

1       Meeting of House

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

 

2       Conference – Health and Community Services Complaints Bill

The Minister for Health (Hon L Stevens) reported as follows:

I have to report that the Managers have been at the Conference on the Health and Community Services Complaints Bill, which was managed on the part of the Legislative Council by the Hon S M Kanck, Hon J M Lensink, Hon A J Redford, Hon N Xenophon and Hon C Zollo and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that the following resolutions be agreed to.

 

As to Amendment No 25

 

That the House of Assembly no longer insist on its Amendment to the Amendment made by the Legislative Council.

 

As to Amendment No 2

 

That the House of Assembly no longer insist on its disagreement to the Amendment.

 

As to Amendment No 4

 

That the House of Assembly no longer insist on its disagreement to the Amendment.

 

As to Amendment No 5

 

That the House of Assembly no longer insist on its disagreement to the Amendment.

 

As to Amendments Nos 9 and 13

 

That the Legislative Council no longer insist on these Amendments but make in lieu thereof the following amendments to the Bill:

 

Clause 9, page 12, after line 27 –

 

   (4) The Commissioner must, in acting under this Act, give particular attention to the position of volunteers and to their value in providing health and community services within the community and should not unnecessarily involve them in any proceedings under this Act.

 

Clause 24, page 19, line 15 – after “(as the case may be)” insert:

 

   and the volunteer cannot be required to participate in any proceedings under this     Act and in particular cannot be the subject of the exercise of any power under Part 6 Division 2.

 

and that the House of Assembly agree thereto.

 

As to Amendment No 14, 15 and 16

 

That the House of Assembly no longer insist on its disagreement to these Amendments.

 

As to Amendment No 18

 

That the House of Assembly no longer insist on its disagreement to the Amendment.

 

As to Amendments Nos 19 and 20

 

That the Legislative Council no longer insist on these Amendments but makes in lieu thereof the following amendment to the Bill:

 

Clause 12, page 13, line 6 –  after  “, at the direction of the Minister,” insert –

 

   in relation to a matter or matters of public safety, interest or importance,

 

and that the House of Assembly agree thereto.

 

As to Amendment No 21

 

That the House of Assembly no longer insist on its disagreement to this Amendment.

 

As to Amendment No 23

 

That the House of Assembly no longer insist on its disagreement to this Amendment.

 

As to Amendment No 26

 

That the Legislative Council no longer insist on this Amendment.

 

As to Amendment No 27

 

That the House of Assembly no longer insist on its disagreement to this Amendment.

 

As to Amendment No 28

 

That the House of Assembly no longer insist on its disagreement to this Amendment.

 

As to Amendments Nos 29 and 30

 

That the House of Assembly no longer insist on its disagreement to these Amendments.

 

As to Amendments Nos 31, 32,  33, and 34

 

That the House of Assembly no longer insist on its disagreement to these Amendments.

 

As to Amendment No 35

 

That the Legislative Council no longer insist on this Amendment but makes in lieu thereof the following amendments to the Bill:

 

Clause 75, page 44, line 5 – delete “ specified classes of complaints” and substitute:

 

   prescribed classes of complaints relating to matters of public safety, interest or importance

 

Clause 75, page 44, lines 14 and 15 – delete subclause (3)

 

Clause 75, page 44, lines 23 to 25 – leave out all words in these lines and substitute:

 

   “designated health or community service provider” means a health or community service provider, or a health or community service provider of a class, designated by the regulations for the purposes of this section.

 

and that the House of Assembly agree thereto.

 

As to Amendments Nos 37 and 38

 

That the House of Assembly no longer insist on its disagreement to these Amendments.

 

As to Amendment No 39

 

That the Legislative Council no longer insist on this Amendment but makes in lieu thereof the following amendment to the Bill:

 

Clause 82, page 46, after line 35 –

 

   (2) The Commissioner must, in making a decision on a complaint under this Act, take into account the level of resources reasonably available to the health or and that the House of Assembly agree thereto.

 

As to Amendment No 40

 

That the Legislative Council amend its Amendment by inserting after “within the meaning of that Act” in proposed new clause 82B (c) the following:

 

   but may not make a determination or recommendation concerning the substance    of the original complaint to the extent that  that matter did not involve an administrative act of an agency to which that Act applies except to set aside (if the State Ombudsman thinks fit) a determination or recommendation of the Commissioner at the first instance

 

and that the House of Assembly agree thereto.

 

As to Amendments 41 and 42

 

That the Legislative Council no longer insist on these Amendments.

 

3       Petition No 82

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

 

82   Minister for Employment, Training and Further Education (Hon S W Key), from 1594 residents of South Australia, requesting the House to urge the Government to do all within its power, including the compulsory acquisition of the site, to ensure that the sports and physical recreation facilities at Underdale Sports Centre are retained for public usage.

 

4       Answer to a question

An answer to a question without notice was tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

By the Minister for the Arts (Hon M D Rann) –

      Regulations under the following Act –

                  South Australian Museum – General and Vehicular Controls

 

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

Death of State Ward - Allegation - Commissioner of Police Minute to Minister for Police – 29 June 2004

 

      Regulations under the following Acts –

      Emergency Services Funding –

                  Land Remissions

                  Motor Vehicles and Vessels Remissions

      Southern State Superannuation – Enterprise Agreements

 

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

      Regulations under the following Act –

                  Legal Practitioners – Practising Certificate Fees

      Rules –

                  Legal Practitioners – Legal Practitioners Education and Admission Council

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Act –

                  Liquor Licensing –

                        Long Term Dry Areas – Port Pirie

                        Mount Gambier

 

By the Minister for Health (Hon L Stevens) –

      Intellectual Disability Services Council – Report 2002-2003        

 

      Regulations under the following Acts –

                  Consent to Treatment and Palliative Care - Forms

                  Physiotherapists – Qualifications

 

By the Minister for Transport (Hon P L White) –

      Third Party Premiums Committee Determination

 

      Regulations under the following Acts –

                  Passenger Transport – Maximum Taxi Fares

                  Road Traffic – Compulsory Blood Testing

 

By the Minister for Urban Development and Planning (Hon P L White) –

      Development Act – Development Plans Amendment Reports –

                  City of Charles Sturt - Underdale Campus Master Plan – Design

                  City of West Torrens - Underdale Campus

 

      Regulations under the following Act –

                  Development – Commercial Forestry

 

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

Aboriginal Lands Trust – Report 2002-2003

Animal and Plant Control Commission South Australia – Report 2003

Native Vegetation Council – Report 2002-2003

 

      Regulations under the following Acts –

                  Dog and Cat Management – Identification of Dogs

                  National Parks and Wildlife – Protected Animals

                  Water Resources – Lower South East – Commercial Forestry

                  Water Resources – Variations

 

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

      Regulations under the following Act –

                  Workers Rehabilitation and Compensation – Schedule A & B Charges

 

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Regulations under the following Act –

                  Education – Exemptions

 

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

      Regulations under the following Act –

                  Fisheries – Fees

 

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

      Rules –

            Local Government – Local Government Superannuation Scheme – Change to Salarylink Insured Benefit.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Australian Energy Market Commission Establishment 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 13 agreed to.

Clause No 14 amended and agreed to.

Clauses Nos 15 to 28 agreed to.

Schedule 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 an amendment.

 

Bill read a third time and passed.

 

9       Statutes Amendment (Electricity and Gas) 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 6 agreed to.

New Clause No 6A inserted.

Clause No 7 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.

 

10      Emergency Management 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 5 agreed to.

Clause No 6 read.

 

Mr Hamilton-Smith moved on page 5, after line 20 to insert:

(g)       with the consent of the Commonwealth Minister responsible for the Australian Defence Force – the Senior Defence Force Officer in South Australia or a person nominated by that Officer.

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

 

Clause No 6 agreed to.

Clauses Nos 7 and 8 agreed to.

Clause No 9 read.

 

Mr Hamilton-Smith moved on page 6, after line 30 to insert:

(ga)      to consult with relevant Commonwealth agencies (including the Australian Defence Force) in relation to support for emergency management in the State;

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

 

Clause No 9 agreed to.

Clauses Nos 10 to 38 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 without amendment.

 

Bill read a third time and passed.

 

11      Conference – Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill

The Minister for Infrastructure (Hon P F Conlon) reported as follows:

I have to report that the Managers have been at the Conference on the Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill, which was managed on the part of the Legislative Council by the Hon A Evans, Hon R D Lawson, Hon R K Sneath, Hon N Xenophon and Hon C Zollo and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together and no agreement was reached.

 

12      Adjournment

Ordered, on motion of the Minister for Infrastructure - That the House do now adjourn.

House adjourned at 9.17 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 30 June 2004

 

Notices of Motion: Government Business -

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

 

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 podiatrists and podiatry students; to regulate the provision of podiatric treatment for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Chiropodists Act 1950; and for other purposes.

 

The Minister for Agriculture, Food and Fisheries – That he have leave to introduce a Bill relating to the exporting of barley; to repeal the Barley Marketing Act 1993; and for other purposes.

 

The Minister for Agriculture, Food and Fisheries – That he have leave to introduce a Bill for an Act to amend the Chicken Meat Industry Act 2003.

 

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

 

Hon G M Gunn to move – That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

 

Hon R B Such to move – That this House establish a Select Committee to examine and report upon –

(a)           the adequacy and appropriateness of education and training of nurses in South Australia

(b)           the adequacy of current enrolment numbers and the projected need for nurses;   

(c)           issues affecting the drop-out rate of nurses whilst in training and education, and subsequent employment; and

(d)           any other relevant matter.

 

Ms Chapman to move – That this House establish a Select Committee to examine and report upon –

(a)           the adequacy and appropriateness of education and training of child care workers in South Australia

(b)           the adequacy of current numbers and the projected numbers of people in child care education and training;   

(c)           issues affecting the drop-out rate of child care workers whilst in training and education, and subsequent employment; and

(d)           any other relevant matter.

 

Mr Hanna to move –That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

 

Mr Williams to move – That he have leave to introduce a Bill for an Act to protect the owner of the Cape Jaffa lighthouse platform from civil liability.

 

 

 

 

 

            For Thursday 1 July 2004

 

Notices of Motion: Other Motions -

 

Mr Brindal to move – That  Standing Orders be so far suspended as to enable the introduction forthwith and passage through all stages without delay of the Child Sexual Abuse Inquiry (Constitution Powers and Immunities) Bill.

 

            For Thursday 22 July 2004

 

Notices of Motion: Other Motions -

 

Mr Rau to move – That this House congratulates the Member for Flinders on joining this Government’s condemnation of the Federal Government’s Energy White Paper released on 15 June.

 

Contingent Notice of Motion

 

Contingently on the Land Agents (Indemnity Fund - Growden Default) Amendment Bill being read a second time, Hon I F Evans to move - That Joint Standing Orders (Private Bills) be so far suspended as to enable the Bill to pass through its remaining stages without reference to a Select Committee.

 

 

 

 

 

____________

 

 

Present during the day - All Members except the Deputy Premier (Hon K O Foley), the Minister for Administrative Services (Hon M J Wright) and Mrs Redmond.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY