No 60

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 31 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 86 and 87

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

 

86   Hon D C Kotz, from 37 electors from South Australia, requesting the House to urge the Government to implement a screening program to detect permanent hearing impairment in infants by the age of two months and adopt the recommendations of the evaluation report into the newborn screening and assessment pilot program conducted in 2003-04.

 

86  Hon D C Kotz, from 27 residents of South Australia, requesting the House to urge the Government to retain Glenside Hospital as a specialised rehabilitation hospital for the mentally ill.

 

3       Answer to a question

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

 

4       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Acts –

                  Land Tax – Fees

                  Petroleum Products Regulation – Fees

 

By the Minister for Police (Hon K O Foley) –

      Regulations under the following Act –

                  Firearms – Fees

 

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

      Third Party Premiums Committee Determination March 2005 – Statement of Reasons

      Regulations under the following Acts –

Harbours and Navigation – Fees

Motor Vehicles –

            Fees

            Miscellaneous Fees

Passenger Transport – Fees

Road Traffic –

            Fees

            Miscellaneous Fees

            Prescribed Circumstances

 

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

      Regulations under the following Acts –

Associations Incorporation – Fees

Bills of Sale – Fees

Births, Deaths and Marriages Registration – Fees

Business Names – Fees

Community Titles – Fees

Co-operatives – Fees

Cremation – Tagging

Criminal Law (Sentencing) – Fees

District Court – Fees

Environment, Resources and Development Court – Fees

Fees Regulation –

            Proclaimed Managers and Justices Fees

            Public Trustee Administration Fees

Magistrates Court – Fees

Partnership – Fees

Public Trustee – Fees

Real Property –

            Fees

            Land Division Fees

Registration of Deeds – Fees

Security and Investigation Agents – Fees

Sexual Reassignment – Fees

Sheriff’s – Fees

Strata Titles – Fees

Summary Offences – Fees

Supreme Court – Fees

Worker’s Liens – Fees

Youth Court – Fees

 

      Rules of Court –

                  Magistrates Court – Enforcement Process

 

By the Minister for Health (Hon L Stevens) –

      Regulations under the following Acts –

Controlled Substances –

            Pesticides Fees

            Poisons Fees

Public and Environmental Health – Fees

South Australian Health Commission –

            Fees

            Private Hospitals Fees

 

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

      State Natural Resources Management Plan, Draft – Consultation Document 2005

 

      Regulations under the following Acts –

Botanic Gardens and State Herbarium – Fees

Crown Lands – Fees

Environment Protection –

            Beverage Container Fees

            Fees

Heritage – Fees

Historic Shipwrecks – Fees

National Parks and Wildlife –

            Fees

            Hunting Fees

Native Vegetation – Fees

Pastoral Land Management and Conservation – Fees

Prevention of Cruelty to Animals – Fees

Radiation Protection and Control – Fees

 

By the Minister for Administrative Services (Hon M J Wright) –

      Regulations under the following Acts –

Fees Regulation – Water and Sewerage Fees

Freedom of Information – Fees

Roads (Opening and Closing) – Fees

Sewerage – Fees

State Records – Fees

Valuation of Land –

            Fees

            Valuation Roll Fees

Waterworks – Fees

 

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

      Regulations under the following Acts –

Dangerous Substances – Fees

Employment Agents Registration – Fees

Explosives – Fees

Explosives – Fireworks Fees

Fair Work – Fees

Fees Regulation – Fees

Occupational Health, Safety and Welfare –

            Fees

            Prescription of Fee

 

By the Minister for Gambling (Hon M J Wright) –

      Regulations under the following Acts –

Authorised Betting Operations – Fees

Gaming Machines – Fees

Lottery and Gaming – Fees

 

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

      Architects Board of South Australian – Report 2004

 

      Regulations under the following Acts –

Development – Fees

Mines and Works Inspection – Fees

Mining – Fees

Opal Mining – Fees

Petroleum – Fees

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Regulations under the following Act –

Adoption – Fees

 

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

      Regulations under the following Act –

Housing Improvement – Fees

 

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

      Regulations under the following Acts –

Livestock – Fees

Meat Hygiene – Fees

 

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

      Regulations under the following Acts –

Local Government – Fees

Private Parking Areas – Fees

 

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

      Regulations under the following Acts –

Building Work Contractors – Fees

Conveyancers – Fees

Land Agents Variation Regulations – Fees

Liquor Licensing – Fees

Plumbers, Gas Fitters and Electricians – Fees

Second-Hand Vehicle Dealers – Fees

Trade Measurement Administration – Fees

Travel Agents – Fees.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Suspension of Standing and Sessional Orders - Motion re

The Attorney-General, pursuant to notice, moved - That Standing and Sessional Orders be and remain so far suspended as to provide that Government Business has precedence over Other Motions on Thursday 23 June.

         Question put and passed.

 

8       Superannuation Funds Management Corporation of South Australia (Miscellaneous) Amendment Bill

         Order of the Day read for the second reading of this Bill.

         The Attorney-General moved - That this Bill be now read a second time.

         Ordered, on motion of Hon I F Evans, that the debate be adjourned until tomorrow.

 

9       Appropriation 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.

 

         Reference to Estimates Committee

The Minister for Environment and Conservation, moved – That this Bill be referred to Estimates Committees.

Question put and passed.

 

         Estimates Committees - Motion for Attendance of Legislative Council Ministers

The Minister for Environment and Conservation, by leave, moved - That a message be sent to the Legislative Council requesting that the Minister for Industry and Trade (Hon P Holloway), the Minister for Aboriginal Affairs and Reconciliation (Hon T G Roberts) and the Minister for Emergency Services (Hon C Zollo), Members of the Legislative Council, be permitted to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

         Question put and passed.

 

         Grievance debate

The Minister for Environment and Conservation, moved – That the House note grievances.

Debate ensued.

Ordered, on motion of Mr Williams, by leave, that the debate be adjourned until tomorrow.

 

10      Message from the Legislative Council

         The following Message from the Legislative Council was received and read:

 

         Physiotherapy Practice Bill                                                                    Message No 62

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to protect the health and safety of the public by providing for the registration of physiotherapists and physiotherapy students; to regulate the provision of physiotherapy for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Physiotherapists Act 1991; 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, 31 May 2005                                                    R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 6, page 8, line 22—

Clause 6(1)—delete "8" and substitute:

9

 

Amendment No 2

Clause 6, page 8, line 23—

Clause 6(1)(a)—delete "4" and substitute:

5

 

Amendment No 3

Clause 6, page 8, lines 24 and 25—

Clause 6(1)(a)(i)—delete subparagraph (i) and substitute:

  (i)     4 are to be chosen at an election (see section 6A); and

 

Amendment No 4

Clause 6, page 8, lines 32 to 35—

Clause 6(2) and (3)—delete subclauses (2) and (3)

 

Amendment No 5

Clause 6, page 9, line 3—

Clause 6(6)—after "nomination" insert:

(if applicable)

 

Amendment No 6

New clause—

After clause 6 insert:

6A—Elections and casual vacancies

  (1)     An election conducted to choose physiotherapists for appointment to the Board must be conducted under the regulations in accordance with principles of proportional representation.

  (2)     A person who is a physiotherapist at the time the voters roll is prepared for an election in accordance with the regulations is entitled to vote at the election.

  (3)     If an election of a member fails for any reason, the Governor may appoint a physiotherapist and the person so appointed will be taken to have been appointed after due election under this section.

  (4)     If a casual vacancy occurs in the office of a member chosen at an election, the following rules govern the appointment of a person to fill the vacancy:

  (a)     if the vacancy occurs within 12 months after the member's election and at that election a candidate or candidates were excluded, the Governor must appoint the person who was the last excluded candidate at that election;

  (b)     if that person is no longer qualified for appointment or is unavailable or unwilling to be appointed or if the vacancy occurs later than 12 months after the member's election, the Governor may appoint a physiotherapist nominated by the Minister;

  (c)     before nominating a physiotherapist for appointment the Minister must consult the representative bodies;

  (d)     the person appointed holds office for the balance of the term of that person's predecessor.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

11      Paper

         The following Paper was tabled:

 

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

               Director of Public Prosecutions Telephone Conversation with the Deputy Premier – Minute to the Director of Public Prosecutions, 30 May 2005.

 

12      Adjournment

House adjourned at 9.59 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 1 June 2005

 

Notice of Motion: Government Business -

 

The Minister for Environment and Conservation to move – That he have leave to introduce a Bill for an Act to amend the Dog Fence Act 1946.

 

 

____________

 

 

Present during the day - All Members except Mrs Hall.

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY