No 64

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 27 NOVEMBER 2001

 

 

1       Meeting of House

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

 

2       Message from the Governor

      The following Message from the Governor was received and read:

 

      Assent to Bills                                                                       Message No 38

No 58 of 2001       An Act to lay down principles to govern the treatment of victims of crime in the criminal justice system; to provide limited rights to statutory compensation for injury suffered as a result of the commission of criminal offences; to repeal the Criminal Injuries Compensation Act 1978; to make related amendments to other Acts; and for other purposes.

No 59 of 2001       An Act to amend the Retirement Villages Act 1987 and to make a related amendment to the Residential Tenancies Act 1995.

Government House, 27 November 2001                         M Jackson-Nelson, GOVERNOR

 

3       Petitions Nos 172 to 176

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

 

172       The Minister for Government Enterprises (Hon M H Armitage), from 303 residents of South Australia, requesting that the House urge the Government to secure first occupancy rights for hotels with live music.

 

173       Ms Rankine, from 25 residents of South Australia, requesting that the House urge the Government to consult with the local community and consider projected traffic flows when assessing the need to upgrade Golden Grove Road.

 

174       Ms Rankine, from 13 residents of South Australia, requesting that the House prohibit the establishment of a national intermediate or high level radioactive waste storage facility in South Australia.

 

175       Ms Rankine, from 202 residents of South Australia, requesting that the House urge the Government to establish a Police patrol base to service the Tea Tree Gully area.

 

176       Mr Wright, from 1,625 residents of South Australia, requesting that the House urge the Government to secure the Lochiel Park/Brookway Drive site at Campbelltown for sport and recreation purposes.

 


4       Papers

The Speaker laid on the Table the following reports:

 

Employee Ombudsman – Report, 2000-2001

Police Complaints Authority – Report, 2000-2001.

 

5       Answers to questions

Answers to questions on the Notice Paper Nos 57, 107, 120, 145, 147 and 148 and questions without notice were tabled by the Speaker.

 

6       Papers

         The following Papers were tabled:

 

         By the Premier (Hon R G Kerin) –

               Capital City Committee – Adelaide – Report, 2000-2001

               Operations of the Auditor-General’s Department – Report, 2000-2001

               South Australian Multicultural and Ethnic Affairs Commission – Report, 2000-2001

 

         By the Minister for Primary Industries and Resources (Hon R G Kerin) –

               Pastoral Board South Australia – Report, 2000-2001

               Pig Industry Advisory Group – Report to 31 October 2001

               Soil Conservation Boards – Report, 2000-2001

 

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

               Radiation Protection and Control Act, Administration of – Report, 2000-2001

 

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

               Regulations under the following Acts –

                     Explosives –

                           Fireworks

                           Miscellaneous

                     Passenger Transport – Taxi Fares

 

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

               Police Superannuation Board – Report, 2000-2001

               Distribution Lessor Corporation Charter – November 2001

 

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

               Commissioner for Consumer Affairs – Report, 2000-2001

               Courts Administration Authority – Report, 2000-2001

               Evidence Act – Report relating to Suppression Orders – Report, 2000-2001

               Legal Practitioners Conduct Board – Report, 2000-2001

               Legal Practitioners Disciplinary Tribunal – Report, 2000-2001

               Legal Practitioners Guarantee Fund, Claims Against the – Report, 2000-2001

               Legal Services Commission of South Australia – Report, 2000-2001

               Public Trustee – Report, 2000-2001

               State Electoral Office – South Australia – Report, 2000-2001

 

               Rules of Court –

                     District Court – District Court Act – Statutory Jurisdiction

                     Supreme Court – Supreme Court Act –

                           Applications to the Court

                           Criminal Rules – Miscellaneous

 


         By the Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire) –

               Correctional Services Advisory Council – Report, 2000-2001

               Department for Correctional Services – Report, 2000-2001

               SA Ambulance Service – Report, 2000-2001

               South Australian Metropolitan Fire Service – Report, 2000-2001

               State Emergency Service – Report, 2000-2001

 

         By the Minister for Minerals and Energy (Hon W A Matthew) –

               Technical Regulator – Gas – Report, 2000-2001

               South Australian Independent Pricing and Access Regulator – Report, 2000-2001

 

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

               Local Government Superannuation Board – Report, 2000-2001

 

               District Council By-laws –

                     Barossa Council – No. 6 – Moveable Signs

                     Coorong District Council – Revision.

 

7       Questions

         Questions without notice were asked.

 

8       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

9       Law Reform (Delay in Resolution of Personal Injury Claims) Bill

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

         The Minister for Water Resources moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until tomorrow.

 

10      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 


11      Workers Rehabilitation and Compensation (Miscellaneous) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clause No 3 further considered.

 

         Question put.

         House divided (No 1):

 


               Ayes, 24

 

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon M H Armitage (Teller)


Noes, 20

 

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright (Teller)


 

         So it was resolved in the affirmative.

 

                                                Clause agreed to.

                                                Clause No 4 agreed to.

                                                Clause No 5 amended and agreed to.

                                                Clause No 6 agreed to.

                                                New Clause 6A inserted.

                                                Clauses Nos 7 and 8 agreed to.

                                                New Clause No 9 inserted.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

12      Messages from the Legislative Council

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

 

         Volunteers Protection Bill                                                           Message No 136

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to protect volunteers in the community from personal liability; and for other purposes, without any amendment.

         Legislative Council, 27 November 2001                                        J C Irwin, PRESIDENT

 

 

 

         Statutes Amendment (Courts and Judicial Administration) Bill

                                                                                                            Message No 137

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Building Work Contractors Act 1995, the Courts Administration Act 1993, the Criminal Law Consolidation Act 1935, the De Facto Relations Act 1996, the District Court Act 1991, the Judicial Administration (Auxiliary Appointments and Powers) Act 1988, the Magistrates Court Act 1991, the Mining Act 1971, the Opal Mining Act 1995, the Petroleum Act 2000, the Retail and Commercial Leases Act 1995, the Summary Procedure Act 1921, the Supreme Court Act 1935, the Unclaimed Goods Act 1987, the Workers Rehabilitation and Compensation Act 1986, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 27 November 2001                                        J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 

         Legal Services Commission (Miscellaneous) Amendment Bill  

                                                                                                            Message No 138

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Legal Services Commission Act 1977, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 27 November 2001                                        J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 

13      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 4 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

14      Native Vegetation (Miscellaneous) Amendment Bill

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

Debate resumed.

 

15      Extension of time for adjournment

The Minister for Environment and Heritage (Hon I F Evans) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 


16      Native Vegetation (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 and 2 agreed to.

                                                Clause No 3 read.

 

         Mr Hill moved on page 4, line 14, to leave out the word “definitions” and insert the word “definition” and in lines 16 and 17 to leave out the words “the District Court”.

         Question put.

         Committee divided (No 2):

 


               Ayes, 20

 

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms White

Mr Wright

Mr Hill (Teller)


Noes, 22

 

Hon M H Armitage

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon G M Gunn

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Mr Venning

Mr Williams

Hon I F Evans (Teller)


 

         So it passed in the negative.

 

         Mr Hill moved on page 5, after line 8, to insert the following:

(g)  by inserting after subsection (6) the following subsection:

      (7) For the purposes of this Act, an environmental benefit will not be taken to exist or to arise unless it can be established that the particular benefit will maintain or enhance biological diversity.

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

 

                                                Clause agreed to.

                                                Clause No 4 agreed to.

                                                Clause No 5 read.

 

         Mr Hill moved on page 5, after line 29, to insert the following:

            or

      (c)  that are within an area that, in the opinion of the Council, includes significant native vegetation that should be subject to the application of this Act and that has been identified by the Council by notice in the Gazette; or

      (d)  that are within an area prescribed by the regulations for the purposes of this subsection,

         Question put and negatived.

 

                                                Clause otherwise amended and agreed to.

                                                Clause No 6 amended and agreed to.

                                                Clause No 7 agreed to.

                                                New Clauses 7A to 7C inserted.

                                                Clause No 8 agreed to.

                                                Clause No 9 read.

 

         Mr Hill moved on page 7, lines 13 to 20, to leave out paragraph (d).

         Question put and negatived.

 

                                                Clause agreed to.

                                                Clause No 10 left out.

                                                Clause No 11 agreed to.

                                                Clause No 12 amended and agreed to.

                                                Clause No 13 agreed to.

                                                Clause No 14 amended and agreed to.

                                                Clauses Nos 15 and 16 agreed to.

                                                Clause No 17 amended and agreed to.

                                                Clause No 18 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Williams reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again tomorrow.

 

17      Messages from the Legislative Council

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

 

         State Supply (Miscellaneous No. 2) Amendment Bill                  Message No 139

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the State Supply Act 1985, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 27 November 2001                                        J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 

         Freedom of Information (Miscellaneous No 2) Amendment Bill  Message No 140

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Freedom of Information Act 1991; and to make consequential amendments to the Local Government Act 1934 and the Roxby Downs (Indenture Ratification) Act 1982, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 27 November 2001                                        J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

 

         Gene Technology Bill                                                                 Message No 141

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate activities involving gene technology; to make a related amendment to the Agricultural and Veterinary Chemicals (South Australia) Act 1994; and for other purposes, without any amendment.

         Legislative Council, 27 November 2001                                        J C Irwin, PRESIDENT

 

18      Adjournment

         House adjourned at 11.49 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Wednesday 28 November 2001

 

         Notices of Motion: Government Business

 

The Premier to move – That this House recognise the achievements of Lleyton Hewitt in securing the year-end No.1 world ranking in tennis and his subsequent victory in the tennis Masters in Sydney.

 

The Minister for Environment and Heritage to move – That this House requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made on 15 April 1982 constituting the Gammon Ranges National Park to remove all rights of entry, prospecting, exploration or mining pursuant to a mining Act (within the meaning of the National Parks and Wildlife Act 1972) in respect of the land constituting the National Park.

 

The Minister for Police, Correctional Services and Emergency Services to move – That he have leave to introduce a Bill for an Act to amend the Firearms Act 1977.

 

 

         For Thursday 29 November 2001

 

         Notice of Motion: Private Members Bills/Committees/Regulations

 

Hon R B Such to move – That should the Select Committee on DETE Funded Schools complete a Report while the House is not sitting, the Committee may present the Report to the Speaker who is authorised, upon presentation, to publish the Report prior to the tabling of the Report.

 

____________

 

         Present during the day - All Members except Mr Atkinson.

 

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

 

         Division No 1 -

               Ayes - Mr Hamilton-Smith.

               Noes - Mr Atkinson.

 

         Division No 2 -

               Ayes - Mr Atkinson and Ms Thompson.

               Noes - Hon M K Brindal and Mrs Hall.

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY