No 64

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 21 JULY 2004

 

 

1       Meeting of House

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

 

2       Petitions Nos 90 and 91

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

 

90   Mr Hanna, from 105 residents of South Australia, requesting the House to pass the recommended legislation coming from the Constitutional Convention and provide for a referendum, at the next election, to adopt or reject each of the Convention’s proposals.

 

91   Hon M R Buckby , from 99 residents of South Australia, requesting the House to take action to establish a review to identify the most suitable location for the State Swimming Centre that will allow equal access to all South Australian residents including those north and north-east of the City of Adelaide.

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The Speaker laid on the Table the following reports:

            Barunga West, District Council of – Report 2002-2003

            Coorong District Council – Report 2002-2003

            Port Pirie Regional Council – Report 2002-2003.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be postponed and resumed on motion.

 

8       Road Traffic (Drug Testing) 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.

         Question put.

         House divided (No. 1):

 

 

 

           Ayes, 17

 

           Noes, 21

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Mr Meier

Ms Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Hon R B Such

Mr Rau

Mr Williams

Mr Snelling

Mr Venning (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon P L White (Teller)

 

         So it passed in the negative.

 

9       Occupational Safety, Rehabilitation and Compensation Committee – Report – Statutes Amendment (WorkCover Governance Reform) Bill – Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Caica - That the Sixth Report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation entitled the Statutes Amendment (WorkCover Governance Reform) Bill, be noted

         Question put and passed.

 

10      Criminal Cases Review Commission – Referral to Legislative Review Committee

Order of the Day read for the adjourned debate on the motion of Hon D C Kotz - That this House calls on the Legislative Review Committee to examine and report upon the establishment of a Criminal Cases Review Commission in South Australia to examine suspected wrongful convictions, miscarriages of justice and other issues in the Criminal Justice System and in particular, make recommendations on the following

(a)           the Commission’s terms of reference;

(b)           the relationship of the Commission to the Supreme Court and Executive Government;

(c)           the powers of the Commission and its membership;

(d)           the criteria for cases to be examined by the Commission;

(e)           whether the Commission should be empowered to examine and make recommendations in relation to crimes where there was no prosecution or conviction;

(f)             resourcing issues; and

(g)           any other relevant matter

         Debate resumed.

 

Mr Goldsworthy moved – That the debate be adjourned.

Question put and negatived.

 

Debate resumed.

         Question put and negatived.

 

11      Constitution (Oath of Allegiance) Amendment Bill

Ordered - That the third reading of this Bill - be now resumed.

         Mr Hanna moved - That this Bill be now read a third time.

         Debate ensued.

 

The bells having been rung and the Speaker having counted the House:

Question put and there being a negative voice.

 

 

 

 

         House divided (No 2):

 

           Ayes, 26

           Noes, 16

 

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Hon I F Evans

Mr Brindal

Mr Goldsworthy

Mr Caica

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Hon P F Conlon

Mr Hamilton-Smith

Hon K O Foley

Hon D C Kotz

Hon J D Hill

Hon W A Matthew

Hon S W Key

Dr McFetridge

Mr Koutsantonis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Mrs Maywald

Mr Scalzi

Hon R J McEwen

Mr Venning

Ms Rankine

Mr Williams

Hon M D Rann

Ms Chapman (Teller)

Mr Rau

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Mr Hanna (Teller)

 

 

         So it was resolved in the affirmative.

 

Absolute Majority

The Speaker declared the third reading of this Bill to have been carried by an absolute majority of the whole number of Members of the House.

 

         Bill read a third time and passed.

 

12      Social Development Committee - Report – Obesity – Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Snelling - That the Nineteenth Report of Social Development Committee entitled Inquiry into Obesity, be noted

         Debate resumed.

 

____________

 

The 1 hour for Orders of the Day: Private Members Business Bills/ Committees/ Regulations having expired, the debate was adjourned (Mr Scalzi, by leave) and Notices of Motion: Private Members Business Bills/ Committees/ Regulations were called on.

____________

 

 

13      Impact of International Education Activities – Referral to Social Development Committee

Ms Rankine, pursuant to notice, moved - That this House calls on the Social Development Committee to inquire into the impact of international education activities in South Australia, including –

(a)           all formal education and training courses made available to overseas students studying in South Australia or offered off-shore and through the School, Further and  Higher Education and Training sectors;

(b)           courses offered by both public and private providers;

(c)           other student exchange programs;

and in particular

(d)           the positive and negative impact of the international education industry to the State and its community, and student and staff interactions involved;

(e)           potential measures to enhance the attractiveness of the State to the international education market;

(f)             ‘pastoral care’, accommodation and other needs of overseas students residing in South Australia;

(g)           potential lessons derived from existing practices in selected interstate and overseas jurisdictions;

(h)           the ongoing capacity of the education and other systems to absorb increasing  numbers of overseas students;

(i)             the oversight and monitoring of home-stay arrangement for minors;

(j)             ancillary or collateral benefits in areas such as tourism and cultural exchange;

(k)           community development or other initiatives to maximise this appreciation;

(l)             support for overseas students in local communities; and

(m)         any other relevant matter.

         Debate ensued.

         Question put and passed.

 

14      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 2 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 6.

 

15      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 3 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 5.

 

16      Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 4 and 5 be postponed and resumed on motion.

 

17      Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2, 3, 7 and 8 be postponed until Wednesday 18 August.

 

18      Legislative Council participation on Estimates Committees – Referral to Standing Orders Committee

Hon R B Such, pursuant to notice, moved - That the Standing Orders Committee consider and report on measures to enable the participation of Members of the Legislative Council on the Estimates Committees and if necessary, meet with the Legislative Council Standing Orders Committee to draft Joint Standing Orders for their conduct.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 18 August.

 

19      Standing Orders Committee Inquiry into Parliamentary Procedures and Practices

Hon R B Such, having by leave amended his motion of which notice had been given, moved - That this House requests the Standing Orders Committee to inquire into

(a)           the Interim Report of the Select Committee on Parliamentary Procedures and Practices;

(b)           any subsequent submission to the Standing Orders Committee; 

(c)           relevant changes to Parliamentary Procedures and Practices in other jurisdictions;

and to report its findings by 18 August 2004.

         Debate ensued.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 18 August.

 

20      Statutes Amendment (Legal Assistance Costs) Bill

The Minister for Environment and Conservation (Hon J D Hill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Legal Representation) Act 2001 and the Legal Services Commission Act 1977; and to make a related amendment to the Legal Services Commission (Miscellaneous) Amendment Act 2002.

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 Hon I F Evans, that the debate be adjourned until tomorrow.

 

21      Postponement of business

Ordered severally - That Orders of the Day: Government Business Nos 1 to 15 be postponed and taken into consideration after Order of the Day: Government Business No 16.

 

22      State Procurement Bill

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

 

In Committee

Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

23      Message from the Legislative Council

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

 

         Pastoral Land Management and Conservation (Miscellaneous) Amendment Bill

                                                                                                                        Message No 86

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Pastoral Land Management and Conservation Act 1989, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 21 July 2004                                                    R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 10, page 5, line 37 to page 6, line 2—

Delete subclause (5) and substitute:

           (5)     The Board cannot take any action under this Act as a consequence of an assessment until after the end of the period during which an application for assistance may be lodged under section 25B.

 

Amendment No 2

Clause 10, page 6, after line 2—

Insert:

25A—Establishment of pool of persons for the purposes of section 25B

(1)      The Minister must establish a pool of persons for the purposes of section 25B.

(2)      The pool will consist of such number of persons (being not less than 2 and not more than 6) as the Minister thinks fit, appointed by the Minister after consultation with the South Australian Farmers Federation and the Conservation Council of South Australia Inc.

(3)      A member of the public service is not eligible for appointment as a member of the pool.

(4)      A member of the pool will be appointed on terms and conditions determined by the Minister.

(5)      Each person appointed under subsection (2) must have qualifications or experience in pastoral land management.

(6)      The Minister must maintain a public register containing the name and contact details of each member of the pool.

(7)      The public register is to be available for inspection, without fee, during ordinary office hours—

(a)    at a public office, or public offices, determined by the Minister; and

(b)    at a website determined by the Minister.

(8)      The Minister may, by notice in the Gazette, publish guidelines in relation to the provision of assistance under section 25B.

 

25B—Assistance to lessee

(1)      A lessee who has received under section 25(4)—

(a)    a copy of an assessment; or

(b)    a written report of proposed action,

may, within 60 days after the copy of the assessment or the report is forwarded to the lessee under that section, apply to the Minister for assistance in relation to the lessee's dealings with the Board, or any other person or body, as a consequence of the assessment or in relation to the proposed action.

(2)      An application under subsection (1)—

(a)    may request that the assistance be provided by a particular member of the pool of persons established under section 25A; and

(b)    must identify—

(i)        the nature of the assistance sought by the lessee; and

(ii)        if the lessee seeks assistance to dispute any part of the assessment, or oppose any proposed action—the grounds for the dispute or opposition; and

(c)    must be made in a manner and form determined by the Minister and will not be conditional on the payment of any fee.

(3)      If an application is made under subsection (1), the Minister must, unless satisfied that application is frivolous or vexatious, appoint a member of the pool to provide assistance to the lessee in accordance with any guidelines published in accordance with section 25A(8) (and if the application requests that the assistance be provided by a particular member of the pool, the Minister must appoint that member unless the Minister is of the opinion that it would be inappropriate for any reason for that member to do so).

(4)      A member of the pool must—

(a)    inform the Minister in writing of any direct or indirect interest that the person has or acquires that conflicts, or may conflict, with the provision of any assistance that the member is appointed to provide; and

(b)    comply with any directions given by the Minister regarding the resolution of the conflict, or potential conflict.

Maximum penalty: $20 000.

 

(5)      Subsection (4) does not apply in relation to an interest that the member has or acquires while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.

(6)      No civil liability attaches to a member of the pool for an act or omission in good faith in the exercise or purported exercise of a function under this section.

(7)      The Pastoral Board must give consideration to any comments made to the Board by the lessee relating to the assessment, or the written report of proposed action, referred to in subsection (1).

 

Amendment No 3

Clause 15, page 10, line 30—

After "native title group" insert:

in relation to pastoral land the subject of the ILUA

 

Amendment No 4

Clause 16, page 12, line 18—

After "native title group" insert:

in relation to pastoral land the subject of the ILUA

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

24      Statute Amendment (Miscellaneous Superannuation Measures) Bill

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

 

In Committee

Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

25      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 3.

 

26      Fire and Emergency Services 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

Clause No 1 agreed to.

Clause No 2 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Koutsantonis 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.

 

27      Tobacco Products Regulation (Further Restrictions) Amendment Bill

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

 

In Committee

Clause No 12 further considered, amended and agreed to.

Clauses Nos 13 to 15 agreed to.

Clause No 16 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such 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.

 

28      Adjournment

House adjourned at 9.57 pm until tomorrow at 10.30 am.

 

 

____________

 

 

Present during the day - All Members except Mrs Geraghty and Mr O’Brien.

 

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

 

         Division No 1 -

               Ayes - Hon D C Brown, Hon R G Kerin, Hon G M Gunn and Dr McFetridge

               Noes – The Minister for Infrastructure (Hon P F Conlon), Minister for Environment and Conservation (Hon J D Hill), Mrs Geraghty and Mr O’Brien.

 

         Division No 2 -

               Ayes - Mrs Geraghty and Mr O’Brien.

               Noes -Hon R G Kerin and Hon D C Brown.

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY