No 64

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 4 JULY 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2       Petitions Nos 91 and 92

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

 

91   Mr Scalzi, from 20,818 residents of South Australia, requesting the House to urge the Government to immediately broaden the current definition of charities that receive relief from payroll tax to include charitable non-profit organisations providing services to the community in the area of conservation and animal protection and thus provide them with exemption from State Payroll Tax Liability.

 

92   Hon D C Brown, from 45 residents of South Australia, requesting the House to urge the Government to withdraw proposed Marine Protected Areas from the Fleurieu Peninsula and Kangaroo Island and consult with fishing, tourism and boating groups before introducing new proposals.

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) -

      Ashbourne – Atkinson Inquiry –

                  Letters to –

                        Randall Ashbourne from the Premier dated December 2002

                        Auditor General from the Premier dated 4 December 2002

                        Premier from the Auditor General dated 20 December 2002

Investigation into certain matters relating to the Attorney-General and Mr Randall Ashbourne - Warren McCann

 

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

Volunteer Ministerial Advisory Group - Report on Advancing the Community Together - May 2005

 

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

   Special Commission of Inquiry – Terms of Reference and Conditions

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

            Ministerial Statement – Impact of the Planning Strategy on Brown Hill and Keswick Creeks

                                             – Mining Royalties.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Suspension of Standing Orders

The Minister for Transport (Hon P F Conlon), without notice, moved - That Standing Orders be so far suspended as to enable the introduction of a Bill without notice.

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

 

Special Commission of Inquiry (Powers and Immunities) Bill

The Minister for Transport, pursuant to order, then moved - That he have leave to introduce a Bill for an Act to facilitate a special commission of inquiry by conferring evidentiary powers and immunities.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Dr McFetridge, that the debate be adjourned until tomorrow.

 

8       Select Committee on the Juvenile Justice System

Order of the Day read for the Report of the Select Committee on the Juvenile Justice System to be brought up.

The Attorney-General (Hon M J Atkinson) brought up the Report (Paper No. 207), together with Minutes of Proceedings and Evidence.

Report and Minutes of Proceedings and evidence received.

 

The Attorney-General, proceeding to move - That the Report be noted:

Ordered, on motion of the Attorney-General, by leave, that the motion be adjourned until tomorrow.

 

9       Select Committee on the Statutes Amendment (Parliament and Finance Services) Bill

Order of the Day read for the Report of the Select Committee on the Statutes Amendment (Parliament and Finance Services) Bill to be brought up.

 

Extension of time for bringing up Report

Ordered, on motion of the Attorney-General, that the time for bringing up the Report of the Select Committee be extended until Monday 12 September 2005.

 

10      Citrus Industry Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 27 agreed to.

Schedule agreed to.

Title agreed to.

____________

 

         The House having resumed:

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

 

Bill read a third time and passed.

 

11      Messages from the Legislative Council

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

 

         Ambulance Services (SA Ambulance Service Inc) Amendment Bill       Message No 67

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Ambulance Services Act 1992, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 28 June 2005                                                   R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 7, (new section 11A(2)(b)), page 4, lines 1 and 2—

Delete "selected by the Minister from a panel of 3 such officers"

 

Amendment No 2

Clause 7, (new section 11A(2)(c)), page 4, line 6—

Delete "selected by the Minister from a panel of 3 such persons"

 

Amendment No 3

Clause 7, (new section 11A(2)(e)), page 4, lines 10 and 11—

Delete paragraph (e) and substitute:

(e)              1 must be chosen at an election held in accordance with the regulations.

 

Amendment No 4

Clause 7, (new section 11A), page 4, after line 11—

Insert:

(2a)           Each employee of SAAS is entitled to vote at an election under subsection (2)(e).

(2b)           If an election of a person for the purposes of subsection (2)(e) fails for any reason, the Minister may appoint an employee of SAAS and the person so appointed will be taken to have been appointed after due election under this section.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration tomorrow.

 

         Statutes Amendment (Budget 2005) Bill                                                  Message No 68

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Land Tax Act 1936 and the Stamp Duties Act 1923, without any amendment.

         Legislative Council, 28 June 2005                                                   R R Roberts, PRESIDENT

 

         Recreational Services (Limitation of Liability) (Miscellaneous) Amendment Bill                                                               Message No 69

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Recreational Services (Limitation of Liability) Act 2002, without any amendment.

         Legislative Council, 28 June 2005                                                   R R Roberts, PRESIDENT

 

         Statutes Amendment (Universities) Bill                                                   Message No 70

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend The Flinders University of South Australia Act 1966; the University of Adelaide Act 1971; and the University of South Australia Act 1990, without any amendment.

         Legislative Council, 28 June 2005                                                   R R Roberts, PRESIDENT

 

 

 

 

         Occupational Health, Safety and Welfare (Safework SA) Amendment Bill

                                                                                                                        Message No 71

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 and to make related amendments to the WorkerCover Corporation Act 1994 and 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, 29 June 2005                                                   R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 4, page 4, after line 13—

Insert:

Advisory Committee means the SafeWork SA Advisory Committee established under Part 2;

 

Amendment No 2

Clause 4, page 4, line 14—

Delete "Authority" twice occurring and substitute in each case:

Advisory Committee

 

Amendment No 3

Clause 4, page 4, lines 16 and 17—

Delete subclause (2)

 

Amendment No 4

Clause 5, page 5, line 3—

Delete the heading and substitute:

Part 2—The SafeWork SA Advisory Committee

 

Amendment No 5

Clause 5, page 5, line 4—

Delete the heading and substitute:

Division 1—Establishment of Advisory Committee

 

Amendment No 6

Clause 5, page 5, lines 5 to 13—

Delete section 7 and substitute:

7—Establishment of Advisory Committee

The SafeWork SA Advisory Committee is established.

 

Amendment No 7

Clause 5, page 5, line 14—

Delete the heading and substitute:

Division 2—The Advisory Committee's membership

 

Amendment No 8

Clause 5, page 5, line 16—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 9

Clause 5, page 6, line 2—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 10

Clause 5, page 6, line 5—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 11

Clause 5, page 6, line 7—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 12

Clause 5, page 6, line 8—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 13

Clause 5, page 6, line 9—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 14

Clause 5, page 6, line 11—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 15

Clause 5, page 6, line 14—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 16

Clause 5, page 6, line 33—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 17

Clause 5, page 6, lines 36 and 37—

Delete subsection (5) and substitute:

(5)     The Minister must ensure that a vacant office is filled within 6 months after the vacancy occurs.

 

Amendment No 18

Clause 5, page 7, line 1—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 19

Clause 5, page 7, line 2—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 20

Clause 5, page 7, line 5—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 21

Clause 5, page 7, line 7—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 22

Clause 5, page 7, line 8—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 23

Clause 5, page 7, after line 9—

Insert:

(6a)         Subsection (6) operates subject to the qualification that a member of the Advisory Committee who has made a disclosure under that subsection may, with the permission of a majority of the members of the Advisory Committee who may vote on the matter, attend or remain at the meeting in order to ask or answer questions, or to provide any other information or material that may be relevant to the deliberations of the Advisory Committee, provided that the member then withdraws from the room and does not in any other way take part in any deliberations or vote on the matter.

 

Amendment No 24

Clause 5, page 7, line 15—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 25

Clause 5, page 7, line 22—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 26

Clause 5, page 7, line 25—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 27

Clause 5, page 7, line 26—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 28

Clause 5, page 7, line 28—

Delete "Authority's" and substitute:

Advisory Committee's

 

Amendment No 29

Clause 5, page 7, line 31—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 30

Clause 5, page 7, line 34—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 31

Clause 5, page 8, line 1—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 32

Clause 5, page 8, line 2—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 33

Clause 5, page 8, lines 6 to 10—

Delete paragraph (b) and substitute:

(b)     if those deliberative votes are equal, the person presiding at the meeting does not have a casting vote.

 

Amendment No 34

Clause 5, page 8, line 11—

Delete "Authority" and substitute:

Committee

 

Amendment No 35

Clause 5, page 8, line 13—

Delete "Authority" and substitute:

Committee

 

Amendment No 36

Clause 5, page 8, line 15—

After "subsection (2)" insert:

(a)

 

Amendment No 37

Clause 5, page 8, line 15—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 38

Clause 5, page 8, line 16—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 39

Clause 5, page 8, line 18—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 40

Clause 5, page 8, line 19—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 41

Clause 5, page 8, line 21—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 42

Clause 5, page 8, line 22—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 43

Clause 5, page 8, line 23—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 44

Clause 5, page 8, line 25—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 45

Clause 5, page 8, line 27—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 46

Clause 5, page 8, line 29—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 47

Clause 5, page 8, line 30—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 48

Clause 5, page 8, line 31—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 49

Clause 5, page 8, line 32—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 50

Clause 5, page 8, line 34—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 51

Clause 5, page 8, line 35—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 52

Clause 5, page 8, line 38—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 53

Clause 5, page 8, line 42—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 54

Clause 5, page 10, line 2—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 55

Clause 5, page 10, line 5—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 56

Clause 5, page 10, line 7—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 57

Clause 5, page 10, line 8—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 58

Clause 5, page 10, line 11—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 59

Clause 5, page 10, line 14—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 60

Clause 5, page 10, line 24—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 61

Clause 5, page 10, line 27—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 62

Clause 5, page 10, line 29—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 63

Clause 5, page 10, line 30—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 64

Clause 5, page 10, line 32—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 65

Clause 5, page 10, line 34—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 66

Clause 5, page 10, line 38—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 67

Clause 5, page 11, line 1—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 68

Clause 5, page 11, line 6—

Delete "Authority" twice occurring and substitute in each case:

Advisory Committee

 

Amendment No 69

Clause 5, page 11, line 10—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 69 [Redford–1]—

Clause 5, page 11, line 12—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 71

Clause 5, page 11, line 15—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 72

Clause 5, page 11, line 15—

Delete "prepare" and substitute:

provide to the Minister

 

Amendment No 73

Clause 5, page 11, line 16—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 74

Clause 5, page 11, line 23—

Delete "prepared" and substitute:

received by the Minister

 

Amendment No 75

Clause 6, page 11, lines 27 and 28—

Delete "in connection with their employment" and substitute:

during their employment with the employer

 

Amendment No 76

Clause 7—

Leave out the clause

 

Amendment No 77

Clause 9, page 12, line 21—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 78

Clause 10, page 12, line 24—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 79

Clause 10, page 12, lines 25 and 26—

Delete subclause (2)

 

Amendment No 80

Clause 10, page 12, line 31—

Delete "Authority" and substitute:

Department

 

Amendment No 81

Clause 11, page 13, line 9—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 82

Clause 11, page 13, line 12—

Delete "10" and substitute:

20

 

Amendment No 83

Clause 11, page 14, line 18—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 84

Clause 12, page 14, line 22—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 85

Clause 13, page 15, line 7—

Delete "consult with" and substitute:

obtain the agreement of

 

Amendment No 86

Clause 13, page 15, line 8—

After "subsection (4)(b)" insert:

(and that agreement must not be unreasonably withheld)

 

Amendment No 87

Clause 13, page 15, line 9—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 88

Clause 15, page 15, lines 23 and 24—

Delete subclause (1) and substitute:

    (1)        Section 38(1)—delete "or the Corporation"

 

Amendment No 89

Clause 15, page 15, lines 25 to 40, page 16, lines 1 to 21—

Delete subclauses (2), (3) and (4)

 

Amendment No 90

Clause 15, page 16, line 27—

Delete "or the Authority"

 

Amendment No 91

Clause 15, page 16, lines 29 to 32—

Delete subclauses (6) and (7) and substitute:

    (6)        Section 38(11)—delete "or to the Corporation"

    (7)        Section 38(11)—delete "or the Corporation's"

 

Amendment No 92

Clause 16, page 17, after line 8—

Insert:

(6)      An expiation notice cannot be issued under subsection (5) after the third anniversary of the commencement of that subsection.

 

Amendment No 93

Clause 19, page 18, line 6—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 94

Clause 20—

Delete this clause and substitute new clause as follows:

20—Amendment of section 54—Power to require information

    (1)        Section 54(1)—delete "or the Corporation" wherever occurring

    (2)        Section 54(1a)—delete "for Industrial Affairs or the Corporation"

 

Amendment No 95

Clause 21, page 18, line 17—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 96

Clause 21, page 18, after line 35—

Insert new subsection as follows:

(1a)           To avoid doubt, section 112 of the Workers Rehabilitation and Compensation Act 1986 does not apply in relation to the disclosure of information under subsection (1).

 

Amendment No 97

Clause 22, page 19, line 3—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 98

Clause 23, page 19, after line 6—

Insert:

(a1)     For the purposes of this section, bullying is behaviour—

(a)      that is directed towards an employee or a group of employees, that is repeated and systematic, and that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine or threaten the employee or employees to whom the behaviour is directed; and

(b)      that creates a risk to health or safety.

(a2)     However, bullying does not include—

(a)      reasonable action taken in a reasonable manner by an employer to transfer, demote, discipline, counsel, retrench or dismiss an employee; or

(b)      a decision by an employer, based on reasonable grounds, not to award or provide a promotion, transfer, or benefit in connection with an employee's employment; or

(c)      reasonable administrative action taken in a reasonable manner by an employer in connection with an employee's employment; or

(d)      reasonable action taken in a reasonable manner under an Act affecting an employee.

 

Amendment No 99

Clause 23, page 19, line 31—

Delete "attend before" and substitute:

meet with

 

Amendment No 100

Clause 23, page 19, after line 37—

Insert:

(5a)    The Industrial Commission must seek to commence any conciliation or mediation within 5 business days after the matter is referred to the Industrial Commission under this section.

 

Amendment No 101

Clause 23, page 19, line 39—

After "may" insert:

(subject to subsection (6a))

 

Amendment No 102

Clause 23, page 20, after line 1—

Insert:

(6a)   The person undertaking a conciliation or mediation must—

(a)      at the request of a party, attend at a workplace (on at least 1 occasion) for the purposes of the conciliation or mediation;

(b)      deal with the matter with a minimum of formality.

 

Amendment No 103

Clause 26, page 22, line 39—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 104

Clause 28—

Leave out the clause

 

Amendment No 105

Clause 30—

Leave out the clause

 

Amendment No 106

Clause 32, page 24, after line 17—

Insert:

(2a)      The Minister must consult with the board of management of WorkCover before making a determination under subsection (2).

(2b)      If there is a disagreement between the Minister and the board of management of WorkCover as to the amount to be paid under subsection (1) in respect of a particular year, the board of management may, after publication of the determination under subsection (2), furnish to the Minister a written statement setting out its reasons for its disagreement with the Minister.

(2c)      If a statement is furnished under subsection (2b), the Minister must cause copies of the statement to be laid before both Houses of Parliament within 12 sitting days after the statement is received by the Minister.

 

Amendment No 107

Clause 32, page 24, line 30—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 108

Clause 32, page 24, line 38—

Delete "prepared" and substitute:

completed for the purposes of subsection (1)

 

Amendment No 109

Clause 33—

Leave out the clause

 

Amendment No 110

Clause 34, page 25, lines 10 and 11—

Delete subclause (3)

 

Amendment No 111

Clause 35, page 25, line 22—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 112

Clause 35, page 25, line 27—

Delete "the Extractive Industries Association" and substitute:

Cement Concrete and Aggregates Australia

 

Amendment No 113

Clause 35, page 26, line 33—

Delete "Authority" and substitute:

Department

 

Amendment No 114

Clause 35, page 27, line 31—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 115

Clause 35, page 27, line 33—

Delete "Authority's" and substitute:

Advisory Committee's

 

Amendment No 116

Schedule 1, clause 2, page 28, line 4—

Delete subclause (2)

 

Amendment No 117

Schedule 1, clause 2, page 28, line 10—

Delete subclause (4)

 

Amendment No 118

Schedule 1, clause 11, page 30, line 11—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 119

Schedule 1, clause 11, page 30, line 20—

Delete "Authority" and substitute:

Advisory Committee

 

Amendment No 120

Schedule 1, clause 14, page 30, line 33—

Delete the definition of Authority and substitute:

Advisory Committee means the SafeWork SA Advisory Committee;

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration tomorrow.

 

12      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 3 to 19 be postponed and taken into consideration after Order of the Day: Government Business No 23.

 

13      Education (Extension) Amendment Bill

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

 

In Committee

Resolved – That Amendment No 1 be disagreed to and an alternative amendment be made in lieu thereof.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendment referred to it and had disagreed to Amendment No 1 and had made an alternative amendment in lieu thereof.

 

 

14      Chiropractic and Osteopathy Practice Bill

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

 

In Committee

 

Resolved – That the amendment be agreed to.

 

____________

 

         The House having resumed:

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

 

15      Law Reform (Contributory Negligence and Apportionment of Liability) (Proportionate Liability) Amendment Bill

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

 

In Committee

 

Resolved – That the amendment be agreed to.

 

____________

 

         The House having resumed:

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

 

16      Messages from the Legislative Council

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

 

         Correctional Services (Parole) Amendment Bill                                     Message No 72

MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Correctional Services (Parole) Amendment Bill. In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five managers.

         Legislative Council, 30 June 2005                                                   R R Roberts, PRESIDENT

 

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

 

         Statutes Amendment and Repeal (Aggravated Offences) Bill                 Message No 73

MR SPEAKER - The Legislative Council insists on Amendment No 5 in the Statutes Amendment and Repeal (Aggravated Offences) Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 30 June 2005                                      R R Roberts, PRESIDENT

 

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

 

         Statutes Amendment (Sentencing of Sex Offenders) Bill

                                                                                                                        Message No 74

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law (Sentencing) Act 1988 and the Criminal Law Consolidation Act 1935, without any amendment.

         Legislative Council, 30 June 2005                                                   R R Roberts, PRESIDENT

 

         Statutes Amendment (Local Government Elections) Bill

                                                                                                                        Message No 75

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the City of Adelaide Act 1998, the Local Government Act 1999 and the Local Government (Elections) Act 1999, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 30 June 2005                                                   R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 11, page 7, after line 12—

Insert:

(3a)    Section 12—after subsection (11) insert:

(11a)   If the report proposes that the composition of the council be altered so that—

  (a)     the council will have a chairperson rather than a mayor; or

  (b)     the council will have a mayor rather than a chairperson,

then the proposal cannot proceed unless or until a poll has been conducted on the matter and the requirements of subsection (11c) have been satisfied.

(11b)   The council may, with respect to a proposal within the ambit of subsection (11a)—

  (a)     insofar as may be relevant in the particular circumstances, separate the proposal (and any related proposal) from any other proposal contained in the report (and then it will be taken that the council is reporting separately on this proposal (and any related proposal));

  (b)     determine to conduct the relevant poll—

  (i)     in conjunction with the next general election for the council (so that the proposal (and any related proposal) will then, if approved at the poll, take effect from polling day for the following general election); or

  (ii)     at some other time (so that the proposal (and any related proposal) will then, if approved at the poll, take effect in the manner contemplated by subsection (18)).

(11c)   The following provisions apply to a poll required under subsection (11a):

  (a)     the Local Government (Elections) Act 1999 will apply to the poll subject to modifications, exclusions or additions prescribed by regulation;

  (b)     the council must—

  (i)     prepare a summary of the issues surrounding the proposal to assist persons who may vote at the poll; and

  (ii)     obtain a certificate from the Electoral Commissioner that he or she is satisfied that the council has taken reasonable steps to ensure that the summary presents the arguments for and against the proposal in a fair and comprehensive manner; and

  (iii)     after obtaining the certificate of the Electoral Commissioner, ensure that copies of the summary are made available for public inspection at the principal office of the council, are available for inspection on the Internet, and are published or distributed in any other way that the Electoral Commissioner may direct;

  (c)     the proposal cannot proceed unless—

  (i)     the number of persons who return ballot papers at the poll is at least equal to the prescribed level of voter participation; and

  (ii)     the majority of those persons who validly cast a vote at the poll vote in favour of the proposal.

(11d)   For the purposes of subsection (11c)(c), the prescribed level of voter participation is a number represented by multiplying the total number of persons entitled to cast a vote at the poll by half of the turnout percentage for the council, where the turnout percentage is—

  (a)     the number of persons who returned ballot papers in the contested elections for the council held at the last periodic elections, expressed as a percentage of the total number of persons entitled to vote at those elections (viewing all elections for the council as being the one election for the purposes of this provision), as determined by the Electoral Commissioner and published in such manner as the Electoral Commissioner thinks fit; or

  (b)     if no contested elections for the council were held at the last periodic elections, a percentage determined by the Electoral Commissioner for the purposes of the application of this section to the relevant council, after taking into account the turnout percentages of other councils of a similar size and type, as published in such manner as the Electoral Commissioner thinks fit.

(3b)    Section 12(12)—after "The council must" insert:

then, taking into account the operation of the preceding subsection,

 

Amendment No 2

Clause 11, page 7, line 15—

After "subsection (9)" insert:

that relate to the subject-matter of the proposal

 

Amendment No 3

Clause 11, page 7, after line 15—

Insert:

(4a)    Section 12(13)—delete "the report" and substitute:

a report

 

Amendment No 4

Clause 11, page 7, after line 35—

Insert:

(18a)   Subsection (18) has effect subject to the operation of subsection (11b)(b)(i).

 

Amendment No 5

Clause 42, page 16, line 7—

Delete "made by post"

 

Amendment No 6

Schedule 1, clause 6, page 21, after line 38—

Insert:

(1a)    However, if—

  (a)     a proposal within the ambit of subclause (1) proposes that the composition of the relevant council be altered so that—

  (i)     the council will have a chairperson rather than a mayor; or

  (ii)     the council will have a mayor rather than a chairperson; and

  (b)     the council has not, before the commencement of this clause, referred its report on the proposal to the Electoral Commissioner under section 12(12) of the Local Government Act 1999,

the proposal cannot proceed unless or until it is approved at a poll in the manner contemplated by section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act.

 

Amendment No 7

Schedule 1, clause 6, page 21, line 40—

Delete "section 12(18)" and substitute:

section 12(11b) and (18)

 

Amendment No 8

Schedule 1, page 21, after line 40—

Insert new clause as follows:

6A—Change to principal member

  (1)     In addition to the operation of clause 6, if, at the time of the commencement of this clause—

  (a)     —

  (i)     a council is undertaking a review of its composition under section 12 of the Local Government Act 1999 and has referred its report on its proposal or proposals to the Electoral Commissioner under subsection (12) of that section; and

  (ii)     a proposal is that the composition of the council be altered so that—

  (A)     the council will have a chairperson rather than a mayor; or

  (B)     the council will have a mayor rather than a chairperson; or

  (b)     —

  (i)     a council has completed a review under section 12 of the Local Government Act 1999; and

  (ii)     a proposal arising from the review is that the composition of the council be altered so that—

  (A)     the council will have a chairperson rather than a mayor; or

  (B)     the council will have a mayor rather than a chairperson; and

  (iii)     the composition of the council is to be altered as from the next general election of members of the council,

then despite the operation of section 12 of the Local Government Act 1999 (and anything that would otherwise take effect if it were not for the operation of this provision), the proposal cannot take effect unless or until it is approved at a poll of electors for the relevant area as if it were a proposal within the ambit of clause 6(1a) (and accordingly subject to the requirements of section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act).

  (2)     A proposal that is approved under subclause (1) will then have effect in accordance with a determination of the Electoral Commissioner under this clause.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

 

         Resolved - That the amendments be agreed to.

 

____________

 

         The House having resumed:

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

 

17      Adjournment

House adjourned at 5.50 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 5 July 2005

 

Notices of Motion: Government Business -

 

 

The Minister for Transport to move – That this House –

(a)           supports a decision by the Government to establish an independent inquiry into the handling of allegations concerning the Attorney-General and Mr Randall Ashbourne, which was first communicated to the Premier on 20 November 2002;

(b)           supports the inquiry proceeding on the terms of reference contained in the document entitled "Special Commission of Inquiry - Terms of Reference and Conditions" tabled by the Minister for Transport on 4 July 2005; and

(c)           recognises that an inquiry, police investigation and criminal trial have already taken place in relation to the allegations and that the inquiry, contemplated by the terms of reference referred to above, should not proceed if an alternative inquiry into the same matter is commissioned or established by the Parliament, the Legislative Council or any Committee of the Parliament.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Trustee Companies Act 1988.

 

____________

 

 

Present during the day - All Members except the Hon G M Gunn, Mrs Hall and Mr Brokenshire.

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY