No. 62

 

                  VOTES AND PROCEEDINGS

 

                         OF THE

 

                    HOUSE OF ASSEMBLY

 

                                                                               

 

 

                                                                                 THURSDAY 6 MAY 1993

 

 

 1             Meeting of House

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

                    Chair and read prayers.

 

 2             Conference - Guardianship and Administration Bill

                The Minister of Health, Family and Community Services (Hon.M.J. Evans) reported as

                    follows:

                I have to report that the Managers have been at the Conference on the Guardianship

                    and Administration Bill, which was managed on the part of the Legislative Council by Hon. J.C. Burdett, Hon. T. Crothers, Hon. M.J. Elliott, Hon. R.J. Ritson and Hon. G. Weatherill and we there delivered the Bill and the resolution adopted by this House, and it was agreed that we should recommend to our respective Houses that:

 

                As to Amendment No. 3 - That the House of Assembly no longer insist on its disagreement

                    thereto. 

 

                As to Amendments Nos 4-7 - That the Legislative Council no longer insist on its   amendments but make the following amendments in lieu thereof:

                    Clause 21, page 10, after line 35 - Insert subclause as follows:

                    (2)    In performing his or her functions the Public Advocate is not subject to the control or direction of the Minister.

                    New Clause, Page 10, after clause 21 - Insert new clause as follows:

                    21a. Public Advocate may raise matters with the Minister and the Attorney-General

                    (1)        The Public Advocate may, at any time, raise with the Minister and the Attorney-General any concerns he or she may have over any matter arising out of or relating to the performance of his or her functions under this Act or any other Act.

                    (2)        If the Public Advocate so requests, the Attorney-General must cause a report of any matter raised by the Public Advocate under subsection (1) to be laid as soon as practicable before both Houses of Parliament.

                    (3)        The annual report furnished by the Public Advocate under this Act must include a summary of any matters raised by the Public Advocate under subsection (1).

                    and that the House of Assembly agree thereto.

                    and that the Legislative Council make the following consequential amendment:

                    New Clause, Page 38, after clause 83 - Insert new clause as follows:

                    84. Expiry of Act This Act will expire on the third anniversary of its commencement.

                    and that the House of Assembly agree thereto.

 

                As to Amendment No. 10 - That the Legislative Council amend its amendment by inserting

                    after the words "the Board must" the words ", if it thinks it appropriate to do so,".

                and that the House of Assembly agree thereto.

 

 

 

3              Petitions Nos 180 to 184

                The Acting Clerk announced that the following Members had lodged a Petitions for

                    presentation:

 

                180 Mr Matthew from 101 residents of South Australia, requesting that the House urge

                    the Government to allow dogs to be walked through the Hallett Cove Conservation Park.

 

                181 Mr S G Evans from 48 residents of South Australia, requesting that the House urge the Government not to close the Museum of Surveying, Exploration and Land Heritage.

 

                182 Mr Brindal from 136 residents of South Australia, requesting that the House urge

                    the Government to place Aboriginal Police Aides at Darlington and Christies Beach.

 

                183 Mrs Kotz from 105 residents of South Australia, requesting that the House urge

                    the Government to re-introduce capital punishment for crimes of homicide.

 

                184 Mrs Kotz from 274 residents of South Australia, requesting that the House urge

                    the Government to resist any further extension to permanent  retail trading hours.

 

4              Answer to a question

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

 

5              Papers

                The following Papers were laid on the Table:

 

                By the Treasurer (Hon. F. T. Blevins)-

                    Report of the Review of the South Australian Government Financing Authority - April 1993.

 

                By the Minister of Health, Family and Community Services -

                    South Australian Mental Health Service  - Review, April 1993.

 

6              Questions

                Questions without notice were asked.

 

7              Grievance debate

                The Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

8              Suspension of Standing Orders

                The Deputy Premier (Hon. F.T. Blevins), without notice, moved - That Standing Orders be so far suspended as to enable those Orders of the Day (Private Members Bills) and Orders of the Day (Other Motions) set down for Wednesday 12 May, where debate has ensued, to be taken into consideration forthwith, without further debate.

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

 

9              Postponement of business

                Ordered - That Order of the Day (Private Members Bills) No. 1 be an Order of the Day for                   Wednesday next.

 

 

 

 

10           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 third time.

                Question put.

                House divided (No. 1):

                        Ayes,  28.                                                                   Noes,  14.

                    Hon. H. Allison

                    Dr Armitage

                    Hon. P.B. Arnold

                    Mr Atkinson

                    Mr D.S. Baker

                    Mr S.J. Baker

                    Mr Blacker

                    Mr Brindal

                    Hon. D.C. Brown

                    Hon. J.L. Cashmore

                    Mr Delaine

                    Hon. B.C. Eastick

                    Hon. M.J. Evans

                    Mr S.G. Evans

                    Mr Holloway

                    Hon D J Hopgood

                    Mrs Hutchison

                    Mr Ingerson

                    Mrs Kotz

                    Mr Lewis

                    Mr Matthew

                    Mr Meier

                    Mr Olsen

                    Mr Oswald

                    Mr Such

                    Mr Venning

                    Hon. D.C. Wotton

                    Mr Becker (Teller)

               

Hon. J.C. Bannon

Hon. G.J. Crafter

Mr Ferguson

Hon. R.J. Gregory

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Mr Quirke

Hon. M.D. Rann

Hon. F.T. Blevins (Teller)

                So it was resolved in the affirmative.

               

                Bill read a third time and passed.

 

11           Discharge of business

                Order of the Day read for the adjourned debate on the question - That the Criminal Law Consolidation (Intoxication) Amendment Bill be now read a second time.

                Ordered - That this Order of the Day be discharged.

 

12           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 -

                    (a)    leaving out 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)    leaving out the words "re examine the NRC concept and"  and

                    (c)    leaving out all words after "Link".

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

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

 

13           Agriculture, Deparmental Review - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House notes the recently released Organisation Development Review Report of the Department of Agriculture but has great concern at the intended closure of nine regional offices vital to extension services in rural South Australia:

                  Which Mrs Hutchison has moved to amend by leaving out all the words after "Agriculture".

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

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

 

14           Water Pollution by E & WS - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That

                    this House condemns the Government for its blatantly irresponsible attitude in condoning the ongoing polluting of our marine and riverine environment resulting from the discharge of effluent and waste water from Engineering and Water Supply Department sewage treatment works.

                Question put and negatived.

 

15           State Bank Group Asset Management Division - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr S J Baker - That this House views with concern -

                    (a) the actions of the State Bank in the management of its non-performing loans;

                    (b) the composition of the GAMD Board; and

                    (c) the potential for further significant losses to be sustained by the GAMD;

                            and therefore calls on the Treasurer to -

                            (i)     reconsider the composition of the GAMD Board to ensure that it contains people with proven track records in banking and management of businesses in receivership; and

                            (ii)    provide quarterly financial statements, audited by the Auditor-General, to the Parliament on the operations of the GAMD.

                  Question put.


                House divided (No. 2):

                        Ayes, 21.                                                                    Noes, 21.

                    Hon. H. Allison

                    Dr Armitage

                    Hon. P.B. Arnold

                    Mr Becker

                    Mr Blacker

                    Mr Brindal

                    Hon. D.C. Brown

                    Hon. J.L. Cashmore

                    Hon. B.C. Eastick

                    Mr S.G. Evans

                    Mr Ingerson

                    Mrs Kotz

                    Mr Lewis

                    Mr Matthew

                    Mr Meier

                    Mr Olsen

                    Mr Oswald

                    Mr Such

                    Mr Venning

                    Hon. D.C. Wotton

                    Mr S.J. Baker (Teller)

 

Mr Atkinson

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Hon. M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. J.C. Bannon (Teller)

                Casting Vote

                The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes.

                So it passed in the negative.

 

16           Superannuation Policies - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That this House commends the Federal Coalition for the sympathetic assistance it will provide in Government to self funded retirees under the Fightback package in recognising the unsympathetic taxation discrimination that has been of major concern to those who have prepared for their own retirement.

                Question put and negatived.

 

17           Albury Effluent Disposal - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That this House congratulates the Mayor and the Albury City Council for their responsible and momentous decision to proceed with total off-river disposal of its sewage effluent:

                    Which Hon. D J Hopgood has moved to amend by leaving out all words after 'responsible' and inserting in lieu therof the words 'decision to end the direct disposal of its sewage effluent to the River Murray, and urges the Council to ensure that effluent from the new facilities will be unable to enter the Murray through flushing by high rivers and flooding'.

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

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

 

18           Poker Machines - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House urges the Government to establish regulations which require licencees of premises in which poker machines and other electronic gaming machines are installed for public use, to ensure that the people who play them are not at risk of losing their family's housekeeping money or becoming bankrupt, and which require the licencee, if that happens, to -

                    (a)    refund sufficient money of the player's losses to prevent his/her family becoming dependent on tax payers through the welfare system;  and

                    (b)    pay an equal sum as a fine into a fund used to research the adverse consequences of gambling and assist in ameliorating its effects in the community.

                Question put and negatived.

 

19           State Taxation - Impact on Business - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr S.J. Baker - That this

                    House views with concern the impact of State Taxation on South Australian business prospects and in particular the pressure being placed on such businesses to move their operations interstate to avoid the highest rates of taxation in Australia being imposed by the Government.

                Question put and negatived.

 

20           Federal Coalition Environment Policy - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.C. Wotton - That

                    this House welcomes the coordinated and cooperative approach to environmental enhancement and protection which will result from the Coalition's environment policy and looks forward to working with the Federal Coalition in establishing a `National Commitment to the Environment' with distinct goals and obligations for all levels of government and the community.

                Question put and negatived.

 

21           Murray River Effluent Disposal - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.J. Hopgood - That this House, recognising that the River Murray is of vital importance to South Australia for water supply, environmental and recreational purposes, urges the Minister of Public Infrastructure to make strenuous and urgent representations to the Albury City Council and the Government of New South Wales with a view to the adoption of full, off-river disposal of existing and future sewage effluent at Albury.

                Question put and passed.

 

22           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.

                Question put and passed.

 

23           Ash Wednesday Bushfires - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Quirke - That this House notes that on 16 February, ten years have elapsed since the second of the Ash Wednesday Bushfires and further notes that the disaster suffered by this State on that occasion was measured in severe loss of property and above all else, lives; this House commends the gallantry of all the firefighters, both regular and irregular, who risked their lives in the service of South Australia; moreover the House particularly notes the suffering of those injured that day and the grief of families in which life was lost.

                Question put and passed.

 


 

 

24           Murray-Darling System - Motion re

                Order of the Day read for the adjourned debate on the motion of Hon. D.J. Hopgood - That this House notes the continuing community concern with the quality of water in the Murray-Darling system, in particular, with the volume of nutrients entering the rivers of the system from agricultural, horticultural, dairying, industrial and domestic activities as evidenced by outbreaks of blue green algae; the House therefore urges the upstream States to follow South Australia's lead in drastically reducing nutrient intake particularly from sewage and asks that South Australia's representatives on the Murray-Darling Ministerial Council draw this motion to the attention of other members of the Council.

                Question put and passed.

 

25           Liberal Industrial Relations Policy - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Quirke - That this House notes the industrial relations policies of the Liberal Party at the Federal level and in particular, the policies of the Kennett Government in Victoria and also notes the Opposition in South Australia has promised to support similar anti-worker, anti-union measures aimed at undermining decent standards of living for all South Australians wage and salary earners.

                Question put and passed.

 

26           Tariff Reductions - Motion re

                Order of the Day read for the adjourned debate on the motion of Mr Holloway - That this House calls for a moratorium on tariff reductions, particularly for the motor vehicle and textile, clothing and footwear industries, until the national economy has recovered and it can be demonstrated that those industries are in a position to withstand any such reductions.

                Question put and passed.

 

27           Postponement of business.

                Ordered - That Orders of the Day (Government Business) be postponed and taken into consideration after Order of the Day (Committees/Regulations) No. 1 is disposed of.

 

28           Select Committee on Bushfire Protection and Suppression Measures.

                Hon. T.H. Hemmings brought up the Report (Paper No. 189), together with Minutes of Proceedings and Evidence of the Select Committee on Bushfire Protection and Suppression Measures.

                Report received.

                Hon. T.H. Hemmings moved - That the Report be noted.

                Debate ensued.

                Question put and passed.

                                         

29           Messages from the Legislative Council

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

 

                Criminal Injuries Compensation (Miscellaneous) Amendment Bill        Message No. 143

                MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Criminal Injuries Compensation (Miscellaneous) Amendment Bill, with the amendments indicated by the annexed schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly. The Bill is returned herewith.

                Legislative Council, 6 May 1993                                                                        G.L. Bruce, PRESIDENT


 

                                                 Schedule of the amendments made by the Legislative Council

                                                                      to the House of Assembly's amendment

                House of Assembly's amendment -

                No. 1.  Page 4, after line 28, insert Clause No. 8 as follows:-

                Amendment of s.13 Imposition of Levy

                Section 13 of the principal Act is amended

                (a)  by striking out from subsection (3)(a) (i) “$5” and substituting “$10”;

                (b)  by striking out from subsection (3)(a) (ii) “$20” and substituting “$40”;

                (c)      by striking out from subsection (3)(b) “$30” and substituting “$60”;

                (d)  by striking out from subsection (4) “$10” twice occurring, and substituting, in each

                            case, “$20”;

 

                Legislative Council’s amendments thereto -

                No. 1.  Paragraph (a) - Leave out “$10” and insert “$6”.

                No. 2.  Paragraph (b) - Leave out “$40” and insert “$25”.

                No. 3.  Paragraph (c) - Leave out “$60” and insert “$40”.            

                No. 4.  Paragraph (d) - Leave out “$20” and insert “$13”.

                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                Ordered - That the Messsage be taken into consideration on motion.

 

                Financial Institutions Duty (Reduction of Duty) Amendment Bill             Message No. 144

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

                    an Act to amend the Financial Institutions Duty Act 1983, without any amendment.

                Legislative Council, 6 May 1993                                                                        G.L. Bruce, PRESIDENT

 

                Members of Parliament (Register of Interests)(Returns)

                    Amendment Bill                                                                                               Message No. 145

                MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Members of Parliament (Register of Interests)(Returns) Amendment Bill and has consequentially amended the Bill as indicated by the annexed Schedule, to which consequential amendment the Legislative Council desires the concurrence of the House of Assembly.  The Bill is returned herewith.

                Legislative Council, 6 May 1993                                                                        G.L. Bruce, PRESIDENT

 

                                                  Schedule of the amendment made by the Legislative Council

                                               consequential to the amendment made by the House of Assembly

                                                                   and agreed to by the Legislative Council.

                Clause 4, page 3, lines 15 and 16 - Leave out "has had the use of any property of another person during the whole or a substantial part of" and insert "has been a party to a transaction under which the Member or person related to the Member has had the use of property of the other person during".

                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                Ordered - That the Message be taken into consideration forthwith.

               

                                                                                            In Committee

                Resolved - That the consequential amendment be agreed to.

                           

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the consequential amendment referred to it and had agreed to the same without amendment.

 

 

 

                Guardianship and Administration Bill                                                           Message No. 146

                MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Guardianship and Administration Bill has agreed to the same. The Bill is returned herewith.

                Legislative Council, 6 May 1993                                                                        G.L. Bruce, PRESIDENT

 

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the recommendations of the Conference be agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the recommendations of the        Conference and had agreed to the same.

 

30           Suspension and resumption of sitting.

                At 5.56 p.m. the sitting of the House was suspended.

                At 10.40 p.m. the Speaker resumed the Chair.

 

31           Auditor General's Report on the State Bank, After Session Paper - Motion re

                The Deputy Premier, without notice, moved - That upon presentation to the Speaker,

                    pursuant to section 25(5) of the State Bank of South Australia Act 1983, of copies of any report of the Auditor-General relating to the State Bank of South Australia made pursuant to his appointment under section 25(1) of the Act, the Speaker is hereby authorised to publish and distribute such reports.

                Question put and passed.

 

32           Next day of sitting

                The Deputy Premier (Hon. F.T. Blevins) moved - That the House, at its rising, adjourn until Tuesday 8 June at 2.00p.m.

                Debate ensued.

                Question put and passed.

 

33           Suspension of Standing Orders

                The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to allow the House to sit beyond midnight.

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

 

34           Message from the Legislative Council

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

               

                Young Offenders Bill                                                                                                         Message No. 147

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to reconstitute the juvenile justice system in this State; 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, 6 May 1993                                                        G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1.  Page 4 (clause 7) - After line 29 insert new subclause as follows:-

                                “(2a) An explanation given to a youth or the signing of an admission by a youth under subsection (2) should take place, if practicable, in the presence of -

 


 

                                              (a)            a guardian of the youth; or

                                              (b)            if a guardian is not available - an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth.”

                No. 2.  Page 5 (clause 8) - After line 33 insert new subclause as follows:-

                                “(4a) If a youth enters into an undertaking under this section to apologise to the victim of the offence, the apology must be made in the presence of an adult person approved by a police officer.”

                No. 3.  Page 6, line 8 (clause 8) - Insert “if the youth requires the matter to be dealt with by the Court -” before “lay”.

                No. 4.  Page 6, line 9 (clause 8) - Leave out all words in this line.

                No. 5.  Page 6, lines 16 to 18 (clause 8) - Leave out subclause (8) and insert new subclause as follows:-

                                “(8)   If a police officer deals with an offence under this Division, the officer must-

                                              (a)            ask the victim of the offence whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and

                                              (b)            if the victim indicates that he or she does wish to have that information - give the victim that information.”

                No. 6.  Page 6, lines 20 to 27 (clause 9) - Leave out the clause and insert new clause as follows:-

                                9.  Youth Justice Co-ordinators  (1)  The following are to be Youth Justice

                                          Co-ordinators:

                                          (a) the Magistrates who are members of the Youth Court’s principal or ancillary judiciary; and

                                          (b) the persons who are appointed by the Minister as Youth Justice Co-ordinators.

                                (2) A person appointed as a Youth Justice Co-ordinator will be appointed for a term not exceeding 3 years specified in the instrument of appointment and is, on the expiration of a term of appointment, eligible for re-appointment.

                                (3) A person cannot be appointed as a Youth Justice Co-ordinator unless the Senior Judge of the Youth Court has been consulted in relation to the proposed  appointment.

                                (4) A person appointed as a Youth Justice Co-ordinator is responsible to the Senior Judge of the Youth Court (through any properly constituted administrative superior) for the proper and efficient discharge of his or her duties.”

                No. 7.  Page 8 (clause 12) - After line 20 insert new subclause as follows:-

                                “(6a) If a youth enters into an undertaking under this section to apologise to the victim of the offence, the apology must be made in the presence of an adult person approved by the family conference or a Youth Justice Co-ordinator.”

                No. 8.  Page 9, lines 7 to 9 (clause 12) - Leave out subclause (10) and insert new subclause as follows:-

                                “(10) If a family conference deals with an offence under this Division, the Youth Justice Co-ordinator must -

                                              (a)            ask the victim of the offence whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and

                                              (b)            if the victim indicates that he or she does wish to have that information - give the victim that information.”

                No. 9.  Page 10, lines 10 to 12 (clause 14) - Leave out “explain to the youth the nature of the allegations against him or her, and inform the youth of his or her right to seek legal representation” and insert the following:


 

               


                             "(a)     explain to the youth the nature of the allegations against him or her; and

                                (b)    inform the youth of his or her right to seek legal representation; and

                                (c)    take all reasonable steps to inform -

                                          (i)   the guardian of the youth;

                                       (ii)    if a guardian is not available - an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth, of the arrest and invite him or her to be present during any interrogation or investigation to which the youth is subjected while in custody.”

                No. 10.    Page 11, line 16 (clause 17) - Insert “the offence with which the youth is charged is an indictable offence and” before “the youth”.

                No. 11.    Page 16, line 7 (clause 33) - Leave out “child” and insert “youth”.

                No. 12.    Page 21, line 17 (clause 38) - Leave out “or” and insert “and”.

                No. 13.    Page 23, line 30 (clause 42) - Leave out “six” and insert “three”.

                No. 14.    Page 25 (clause 44) - After line 11 insert new subclause as follows:-

                                     “(2a)  Before entering into arrangements under this section, the Minister must allow the guardians of the youth a reasonable opportunity to make representations on the question whether the transfer is in the best interests of the young offender.”

                No. 15.    Page 26 (clause 45) - After line 17 insert new subclause as follows:-

                                     “(2a)  Before entering into arrangements under this section, the Minister must allow the guardians of the youth a reasonable opportunity to make representations on the question whether the transfer is in the best interests of the young offender.”

                No. 16.    Page 28 (clause 51) - After line 23 insert new subclause as follows:-

                                     “(2)  The attendance by a youth at an educational or training course approved by the Minister for the purposes of this section will be taken to be the performance of community service.”

                No. 17.    Page 29, lines 1 to 20 (clause 52) - Leave out the clause.

                No. 18.    Page 30, line 11 (clause 53) - After “District Court” insert “who is not a Judge of the Youth Court”.

                No. 19.    Page 31, line 13 (clause 56) - After “Act” insert “including the giving of formal cautions by police officers”.

                No. 20.    Page 31, line 24 (clause 57) - Leave out “31 October” and insert “30 September”.

                No. 21.    Page 31, line 27 (clause 57) - Leave out “31 October” and insert “30 September”.

                No. 22.    Page 32, line 1 (clause 57) - Leave out “as soon as practicable” and insert “within six sitting days”.

                No. 23.    Page 32, line 2 (clause 57) - Leave out “subsection (1)” and insert “this section”.

                No. 24.    Page 33, line 18 (clause 59) - After “age” insert “but any offences so dealt with will be regarded as of minor significance”

                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                Ordered - That the Message be taken into consideration forthwith.

                                                                                                                       

 

                                                                                         It being midnight:

                                                                                     FRIDAY 7 MAY 1993

                                                                                                                       

 

                                                                                            In Committee

 

                Resolved - That Amendments Nos 1 to 16 agreed to.

                The Minister of Health, Family and Community Services moved - That Amendment No. 17 be agreed to.

                Question put.


 

                Committee divided (No. 3):

                        Ayes, 21.                                                                    Noes, 21.

                    Mr Atkinson

                    Hon. J.C. Bannon

                    Hon. F.T. Blevins

                    Hon. G.J. Crafter

                    Mr De Laine

                    Hon. R.J. Gregory

                    Mr Hamilton

                    Hon. T.H. Hemmings

                    Mr Heron

                    Mr Holloway

                    Hon. D.J. Hopgood

                    Mrs Hutchison

                    Hon. J.H.C. Klunder

                    Hon. S.M. Lenehan

                    Mr McKee

                    Hon. M.K. Mayes

                    Hon. N.T. Peterson

                    Mr Quirke

                    Hon. M.D. Rann

                    Hon. J.P. Trainer

                    Hon. M.J. Evans (Teller)

Hon. H. Allison

Dr Armitage

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Matthew

Mr Meier

Mr Olsen

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Hon. D.C. Brown (Teller)

 

                Casting Vote

                The number of Ayes and Noes being equal, the Chairman gave his casting vote for the Ayes.

                So it was resolved in the affirmative.

                Resolved - That Amendments Nos 18 - 24 be agreed to.

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 16 and 18 to 24 without amendment and disagreed to Amendment No. 17.

 

                Youth Court Bill                                                                                  Message No. 148

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

                    an Act to establish the Youth Court of South Australia; to define its jurisdiction and powers; 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, 6 May 1993                                                        G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1.  Page 1, line 7, Long Title - After “powers;” insert “to make a consequential amendment to the Courts Administration Act 1993;”.

                No. 2.  Page 8, lines 7 to 16 (clause 22) - Leave out subclause (2) and insert new subclause as follows:-

                                “(2) The appeal lies -

                                (a)    in the case of an interlocutory judgment given by a Magistrate, two justices or a special justice - to the Senior Judge;

                                (b)    in the case of an interlocutory judgment given by a Judge - to the Supreme Court constituted of a single Judge;

                                (c)    in the case of any other judgment given by a Magistrate, two justices or a

                                          special justice - to the Supreme Court constituted of a single Judge;

                                (d)    in the case of any other judgment given by a Judge - to the Full Court of the Supreme Court.”

                No. 3.  Page 12 - After line 17 insert new Schedule as follows:-

 

                                                                                             ‘SCHEDULE

                                                                                Consequential Amendment

                The Courts Administration Act 1993  is amended by striking out paragraph (c)  of the definition of “participating courts” in section 4 and substituting the following paragraph:

                (c)   the Youth Court of South Australia;’.

                                                           J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                Ordered - That the Message be taken into consideration forthwith.

                   

                                                                                            In Committee

                Resolved - That the amendments be agreed to.

                                                                                                                       

 

                The House having resumed:

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

                    and had agreed to the same without amendment.

 

                Workers Rehabilitation and Compensation (Review Authorities)

                    Amendment Bill                                                                                               Message No. 149

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

                    an Act to amend the Workers Rehabilitation and Compensation Act 1986, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                Legislative Council, 6 May 1993                                                                        G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1.  Page 1, line 15 (clause 2) - Leave out “This” and insert “Subject to subsection (2), this”.

                No. 2.  Page 1 (clause 2) - After line 15 insert new subclause as follows:-

                                “(2)  Sections 3 and 14(ac)  will come into operation on assent.”

                No. 3.  Page 1, line 17 (clause 3) - After “amended” insert the following:-

                                "(a)  by inserting “under section (9)” after “in the Gazette” in subsection (1a)(a);

                                 (b)   by striking out subsection (4) and substituting the following subsections:

                                              (4)             Where a worker has been charged more than the amount that the worker is entitled to claim for the provision of a service in respect of which compensation is payable under this section, the Corporation may reduce the charge by the amount of the excess.

                                              (4a)           A decision of the Corporation under subsection (4) is not reviewable.; and

                                 (c)        by inserting “where the charge has been disallowed under subsection (5) ”before“ the provider’s right” in subsection (6)(a) (ii); and

                                 (d)   by striking out from subsection (8) “of a kind approved by the Corporation

                                              for the purposes of this section” and substituting “provided by a person who has an agreement with the Corporation for the provision of those programmes or services”; and"

                No. 4.  Page 2, lines 1 to 8 (clause 4) - Leave out subclause (7) and insert new subclauses as

                                follow:-

 


 

                                “(7) The Corporation may, in an appropriate case, by notice in writing to the                          worker, redetermine a claim.

                                 (8)    The redetermination of a claim does not give rise to any right on the part of the Corporation to recover from the worker money paid under a previous determination unless the previous determination was made in consequence of the worker’s fraud.”

                No. 5.  Page 2, line 16 (clause 6) - Leave out “(1a)(a) ,”.

                No. 6.  Page 3, lines 21 to 23 (clause 8) - Leave out subclause (1) and insert new subclause as follows:-

                                “(1)   A Review Officer is to be appointed for a term of five years and is, on the

                                              expiration of a term of office, eligible for reappointment.”

                No. 7.  Page 5 (clause 14) - After line 28 insert new paragraph as follows:-

                                ‘(ab)     by inserting “(including a decision in the nature of a redetermination of a claim)” after “compensation” in subsection(2)(a) ; and’.

                No. 8.  Page 5 (clause 14) - After line 28 insert new paragraph as follows:-

                                ‘(ac) by striking out from subsection (2)(da)  “or reduce”; and’.

                No. 9.  Page 6, line 28 (clause 16) - Leave out “seven” and insert “five”.

                No.10. Page 6 (clause 16) - After line 31 insert new subclause as follows:-

                                “(7)   Proceedings cannot be instituted before a Review Officer after the commencement of section 3 of this Act in respect of any decision of the Corporation under section 32(4) of the principal Act before that commencement.”

                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                Ordered - That the Message be taken into consideration forthwith.         

 

                                                                                            In Committee

                Resolved - That the amendments be agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

                Occupational Health, Safety and Welfare (Registration Fees)

                    Amendment Bill                                                                                               Message No. 150

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

                    an Act to amend the Occupational Health, Safety and Welfare Act 1986, without any amendment.

                Legislative Council, 6 May 1993                                                                        G.L. Bruce, PRESIDENT

 

                Education (Truancy) Amendment Bill                                                                             Message No. 151

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Education Act 1972, with the amendments indciated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                Legislative Council, 6 May 1993                                                                        G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1.  Page 1, lines 21 and 22(clause4)-Leave out paragraph(a).

                No. 2.  Page 2, line 2 (clause 4) - After "an authorized officer" insert "who is a member of the police force".

                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

 


 

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the amendments be agreed to.

 

                                                                                                                       

 

                The House having resumed:

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

                    and had agreed to the same without amendment.

 

35           Criminal Injuries Compensation (Miscellaneous) Amendment Bill

                Ordered - That the amendments of the Legislative Council to the amendment of the House of Assembly in the Criminal Injuries Compensation (Miscellaneous) Amendment Bill be now taken into consideration.

 

                Speaker's ruling

                The Speaker ruled that the amendments of the Legislative Council were not in order as they amend a money clause.

                Ordered - That a Message be sent to the Legislative Council informing the Council that the Assembly is not able to consider its amendments to the amendment of the House of Assembly.

 

36           Message from the Legislative Council

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

 

                Heritage Bill                                                                                                        Message No. 152

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

                    an Act to conserve places of heritage value; to repead the State Heritage Act 1978; to make consequential amendments to the Aboriginal Heritage Act 1988, the Native Vegetation Act 1991, the Strata Titles Act 1988 and the Valuation of Land Act 1971; 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, 6 May 1993                                                                        G.L. Bruce, PRESIDENT

 

                                                 Schedule of the amendments made by the Legislative Council

                No. 1.  Page 3, line 7 (clause 4) - Leave out “The members” and insert “Seven of the members”.

                No. 2.  Page 3, line 9 (clause 4) - After “field” insert “and the other member must be a person with knowledge of or experience in heritage conservation nominated by the Local Government Association and approved by the Minister”.

                No. 3.  Page 3 (clause 4) - After line 9 insert new subclause as follows:-

                                “(3a) Before filling a vacancy in the membership of the Authority (other than a vacancy to be filled by a person nominated by the Local Government Association), the Minister must, by advertisement published in a newspaper circulating throughout the State, invite interested members of the public to submit (within 14 days of the advertisement) the names of persons whom they regard as suitable candidates to fill the vacancy.”

                No. 4.  Page 3 (clause 5) - After line 29 insert new paragraphs as follow:-

                                “(f)   to encourage all levels of government to provide incentives (apart from

                                              financial assistance) for heritage conservation;

                                 (g)   if, in the opinion of the Authority, a council is not acting appropriately

                                              with respect to heritage conservation of places within its area - to assist the council to do so.”

                No. 5.  Page 4 (clause 7) - After line 20 insert new subclauses as follow:-

 


 

                                “(5)   Meetings of the Authority must, subject to subsection (6), be held in a place that is open to the public.

                                 (6)        The Authority may order that the public be excluded from a meeting in order to enable the Authority to consider in confidence any matter that it considers to be confidential or if it considers that exclusion necessary to protect a place that is or may be of heritage value.

                                 (7)        The minutes of meetings of the Authority must be available for public inspection without charge.”

                No. 6.  Page 9, lines 10 to 12 (clause 18) - Leave out subclause (9) and insert new subclause

                                as follows:-

                                “(9)   The Authority must take all reasonable steps to make a decision about whether a provisional entry should or should not be confirmed within 12 months after the date on which the entry was made and if the Authority fails to make a decision within that period or such longer period as is allowed by the Minister in the particular case, the provisional entry must be removed from the Register.”

                No. 7.  Page 9, line 14 (clause 19) - Leave out “confirmed” and  insert “made”.

                No. 8.  Page 9, lines 36 and 37 and Page 10, lines 1 to 3 (clause 22) - Leave out subclause (3) and insert 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 whether a certificate of exclusion should be granted on the application within three months of the date of the notice.”

                No. 9.  Page 12, lines 21 and 22 (clause 30) - Leave out the comma and all words in these

                                lines after “subsection (1)” in line 21 and insert the following:-

                                "(a)  the Authority must forthwith apply to the Court for an order under this

                                              section; and

                                 (b)   if the place is not entered in the Register, provisionally enter the place in the

                                              Register.”

                No.10. Page 12 (clause 30) - After line 29 insert new subclause as follows:-

                                “(5)   If a place that is subject to an order under this section is removed from the Register, the order ceases to have any effect.”

                No.11. Page 15 (clause 38) - After line 24 insert new subclause as follows:-

                                “(2a) Before making an order under this section the Court must give -

                                              (a)            any person with a registered interest in the land constituting the place; and

                                              (b)            if the land is within the area of a council - the council, a reasonable opportunity to make submissions on whether the order should be made and, if made, the term of the order.”

                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the amendments be agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

                National Parks and Wildlife (Miscellaneous) Amendment Bill                                Message No. 153

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the National Parks and Wildlife Act 1972, without any amendment.

                Legislative Council, 6 May 1993                                                                        G.L. Bruce, PRESIDENT

 

 

                Criminal Injuries Compensation (Miscellaneous) Amendment Bill        Message No. 154

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

                    of Assembly in the Criminal Injuries Compensation (Miscellaneous) Amendment Bill with the suggested amendments indicated in the annexed Schedule, which suggested amendments the Legislative Council requests the House of Assembly to make to the said Bill.

                    The President informs the House of Assembly that there are concerns about the adequacy

                    of the procedures and Standing Orders for dealing with a money clause in the circumstances surrounding this Bill and expresses the wish that, at a mutually convenient time in the future, a Conference between representatives of the Legislative Council and the House of Assembly be arranged to discuss further those concerns.

                Legislative Council. 6 May 1993                                                                        G.L. Bruce, PRESIDENT

 

                                  Schedule of the suggested amendments made by the Legislative Council to the

                                                                           House of Assembly's amendment.

                House of Assembly’s amendment -

                No. 1.  Page 4, after line 28, insert Clause No. 8 as follows:-

                Amendment of s.13 Imposition of Levy

                Section 13 of the principal Act is amended

                (a)  by striking out from subsection (3)(a) (i) “$5” and substituting “$10”;

                (b)  by striking out from subsection (3)(a) (ii) “$20” and substituting “$40”;

                (c)       by striking out from subsection (3)(b)  “$30” and substituting “$60”;

                (d) by striking out from subsection (4) “$10” twice occurring, and substituting, in each

                            case, “$20”;

 

                Legislative Council’s suggested amendments thereto -

                No. 1.  Paragraph (a)  - Leave out “$10” and insert “$6”.

                No. 2.  Paragraph (b)  - Leave out “$40” and insert “$25”.

                No. 3.  Paragraph (c)  - Leave out “$60” and insert “$40”.           

                No. 4.  Paragraph (d)  - Leave out “$20” and insert “$13”.

                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                Speakers Statement

                The Speaker made the following statement:

                I advise that the Constitution Act clearly covers the matter of amendments to money clauses.  Clause 62(1) clearly states that the Legislative Council may not amend a money clause.

                Ordered - That the Message be taken into consideration forthwith.

 

                                                                                            In Committee

                Resolved - That the suggested amendments be agreed to.

 

                                                                                                                       

 

                The House having resumed:

                Mr Ferguson reported that the Committee had considered the suggested amendments referred to it, had agreed to the same without amendment and had amended the Bill accordingly.

 

37           Adjournment

                House adjourned at 2.08 a.m. until Tuesday 8 June at 2.00 p.m.

 

 

                                                                                                                        

 

 

 

 

 

                Present during the day - All the Members except Hon. L.M.F. Arnold, Mr D.S. Baker and Hon. T.R. Groom.

 

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

 

                Division No. - 1     

                    Ayes - Mr Gunn.

                    Noes - Hon. L.M.F. Arnold.

 

                Division No. - 2

                    Ayes - Messrs D.S. Baker and Gunn.

                    Noes - Hon. L.M.F. Arnold and Hon. T.R. Groom.

 

                Division No. - 3

                    Ayes - Hon.P.B. Arnold and Mr. D.S. Baker.

                    Noes - Hon. L.M.F. Arnold and Hon T.R. Groom.

 

 

 

 

                                                                                                                                                                N.T. Peterson

                                                                                                                                                                SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY

 

 

                                              EXTRACT FROM THE GOVERNMENT GAZETTE, 6 MAY 1993

 

                                                                                                                                            Department of the Premier and Cabinet

                                                                                                                                                                          Adelaide, 6 May 1993

 

HER Excellency the Governor directs it to be notified for general information that she has, in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

 

No. 28 of 1993 - An Act to amend the Electricity Trust of South Australia Act, 1946.

No. 29 of 1993 - An Act to amend the Racing Act, 1976.

No. 30 of 1993 - An Act to make certain provisions relating to superannuation for visiting medical officers; and for other purposes.

No. 31 of 1993 - An Act to amend the Fisheries Act, 1982 and the Fisheries (Southern Zone Rock Lobster Fishery Rationalization) Act, 1987.

 

                                                                                                                                By command,

                                                                                                                                                F.T. Blevins, Acting Premier

 

                                             EXTRACT FROM THE GOVERNMENT GAZETTE, 13 MAY 1993

 

                                                                                                                                                   Department of Premier and Cabinet

                                                                                                                                                                        Adelaide, 13 May 1993

 

HER Excellency the Governor directs it to be notified for general information that she has, in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

 

 

No. 32 of 1993 - An Act to amend the Road Traffic Act, 1961.

No. 33 of 1993 - An Act to amend the Criminal Law (Sentencing) Act, 1988.

No. 34 of 1993 - An Act to amend the Director of Public Prosecutions Act, 1992, the Jurisdiction of Courts (Crossvesting) Act, 1987 and the Motor Vehicles Act 1959.

No. 35 of 1993 - An Act to amend the Equal Opportunity Act, 1984.

No. 36 of 1993 - An Act to provide for the control of public corporations; and for other purposes.

No. 37 of 1993 - An Act to amend the Evidence Act, 1929 and to make a related amendment to the Criminal Law Consolidation Act, 1935.

No. 38 of 1993 - An Act to amend the Tobacco Products (Licensing) Act, 1986.

 

                                                                                                                                By command,

                                                                                                                                                F.T. Blevins, Acting Premier

 

                                             EXTRACT FROM THE GOVERNMENT GAZETTE, 20 MAY 1993

 

                                                                                                                                                   Department of Premier and Cabinet

                                                                                                                                                                        Adelaide, 20 May 1993

 

HER Excellency the Governor directs it to be notified for general information that she has, in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Act(s) passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

 

No. 39 of 1993 - An Act to amend the Limitation of Actions Act, 1936.

No. 40 of 1993 - An Act to amend the Classification of Publications Act, 1974.

No 41 of 1993 - An Act to provide for the administration, development and management of harbors; to provide for safe navigation in South Australian waters; to repeal the Harbors Act, 1936, the Marine Act, 1936, and the Boating Act, 1974; and for other purposes.

No. 42 of 1993 - An Act relating to trade measurement in South Australia as part of the scheme for uniform trade measurement legislation throughout Australia.

No. 43 of 1993 - An Act relating to the administration of the Trade Measurement Act, 1993; to repeal the Trade Measurements Act, 1971, and the Packages Act, 1967; and for other purposes.

No. 44 of 1993 - An Act to amend the Superannuation Act, 1988.

No. 45 of 1993 - An Act to amend the National Parks and Wildlife Act, 1972.

No. 46 of 1993 - An Act to amend the Occupational Health, Safety and Welfare Act, 1986; to repeal the Boilers and Pressure Vessels Act, 1968, and the Lifts and Cranes Act, 1985; and for other purposes.

No. 47 of 1993 - An Act to assist the dried fruits industry; to repeal the Dried Fruits Act, 1934; and for other purposes.

No. 48 of 1993 - An Act to amend the Criminal Injuries Compensation Act, 1978.

No. 49 of 1993 - An Act to amend the Financial Institutions Duty Act, 1983.

No. 50 of 1993 - An Act to amend the Liquor Licensing Act, 1985.

No. 51 of 1993 - An Act to amend the Occupational Health, Safety and Welfare Act, 1986.

No. 52 of 1993 - An Act to amend the Workers Rehabilitation and Compensation Act, 1986.

 

                                                                                                                                By command,

                                                                                                                                                F.T. Blevins, for Premier

 

                                             EXTRACT FROM THE GOVERNMENT GAZETTE, 27 MAY 1993

 

                                                                                                                                            Department of the Premier and Cabinet

                                                                                                                                                                        Adelaide, 27 May 1993

 

HIS Excellency the Governor's Deputy directs it to be notified for general information that he has, in the name and on behalf of Her Majesty The Queen, this day assented to the undermentioned Acts passed by the Legislative Council and House of Assembly in Parliament assembled, viz.:

 


No. 53 of 1993 - An Act to amend the Evidence Act, 1929.

No. 54 of 1993 - An Act to make certain repeals and amendments to legislation to provide for planning and development within the State; to enact transitional provisions; and for other purposes.

No. 55 of 1993 - An Act to provide for planning and regulate development in the State; to regulate  the use and management of land and buildings; and the design and construction of buildings; to make provision for the maintenance and conservation of land and buildings where appropriate; for other purposes.

No. 56 of 1993 - An Act to conserve places of heritage value; to repeal the State Heritage Act, 1978; to make consequential amendments to the Aboriginal Heritage Act, 1988, the Native Vegetation Act, 1991, the Strata Titles Act, 1988 and the Valuation of Land Act, 1971; and for other purposes.

No. 57 of 1993 - An Act to reconstitute the juvenile justice system in this State; and for other purposes.

No. 58 of 1993 - An Act to establish the Youth Court of South Australia; to define its jurisdiction and powers; to make a consequential amendment to the Courts Administration Act, 1993; and for other purposes.

No. 59 of 1993 - An Act to make provision for the treatment and protection of persons who have a mental illness; to repeal the Mental Health Act, 1977; to amend the Adoption Act, 1988; the Administration and Probate Act, 1919; the Aged and Infirm Persons' Property Act, 1940 and the Consent to Medical and Dental Procedures Act, 1985; and for other purposes.

No. 60 of 1993 - An Act to amend the Education Act, 1972.

No. 61 of 1993 - An Act to provide for the guardianship of persons unable to look after their own health, safety or welfare or to manage their own affairs and for the management of the estates of such persons; and for other purposes.

No. 62 of 1993 - An Act to amend the Supreme Court Act, 1935, the District Court Act, 1991 the Magistrates Court Act, 1991, the Bail Act, 1985, the Criminal Law Consolidation Act, 1935, the Enforcement of Judgments Act, 1991, the Oaths Act, 196, the Summary Procedure Act, 1921, the Unclaimed Goods Act, 1987 and the Wrongs Act, 1936.

No. 63 of 1993 - An Act to establish the Environment, Resources and Development Court; to define its jurisdiction and powers; and for other purposes.

No. 64 of 1993 - An Act to amend the Members of Parliament (Register of Interests) Act, 1983.

 

                                                                                                                                By command,

                                                                                                                                                J. Klunder, for Premier

 

                                             EXTRACT FROM THE GOVERNMENT GAZETTE, 3 JUNE 1993

 

                        CONSTITUTION ACT 1934 SECTION 6 (1):  PROROGATION OF PARLIAMENT AND

                                      DATE FIXED FOR COMMENCEMENT OF THE FIFTH SESSION OF THE

                                                                         FORTY-SEVENTH PARLIAMENT

 

                                                                            Proclamation By The Governor

 

(L.S.) ROMA MITCHELL

 

PURSUANT to Section 6 (1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I -

 

1.             Prorogue the Parliament of South Australia.

2.             Fix 3 August 1993 as the day on which the fifth session of the Forty-Seventh Parliament will commence.

 

Given under my hand and the Public Seal of South Australia at Adelaide, 3 June 1993.

 

                                                                                                                                By command,

                                                                                                                                                R.J. Gregory, for Premier