No 65

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 28 FEBRUARY 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       Petition No 177

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

 

177       The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire), from 483 residents of South Australia, requesting that the House urge the Government to fund intensive care facilities at Noarlunga Hospital.

 

3       Papers

      The following Papers were tabled:

 

By the Deputy Premier (Hon D C Brown) –

            Ministerial Statement – Western Domiciliary Care Service

 

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

               National Road Transport Commission – Report, 2000-2001

               Capital Expenditure and Maintenance Deed – Port of Port Adelaide, Port Giles and Port Wallaroo

               Port Lease for Klein Point

               Port Lease for Port Adelaide

               Port Lease for Port Giles

               Port Lease for Port Lincoln

               Port Lease for Port Pirie

               Port Lease for Thevenard

               Port Lease for Wallaroo

               Probity Auditor’s Final Report – Divestment of South Australian Ports Corporation, 2001

               South Australian Ports Business and Asset Sale Agreement – Volume 1, 2 and 3

               South Australian Ports (Disposal of Maritime Assets) Act 2000 (SA) – Ministerial Determination – Fixed Assets

               South Australian Ports (Disposal of Maritime Assets) Act 2000 (SA) – Ministerial Direction – Maritime Assets

               South Australian Ports (Disposal of Maritime Assets) Act 2000 (SA) – Tripartite Deed

 

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

               South Australian Country Fire Service – Report, 2000-2001.

 

 


4       Economic and Finance Committee – Report – South Australian Energy Market

Hon G M Gunn brought up the Thirty-Seventh Report of the Economic and Finance Committee on the South Australian Energy Market.

Report received.

Ordered to be published (Paper No 252).

 

5       Legislative Review Committee - Report – Thirty-Fifth

Mr Condous brought up the Thirty-Fifth Report of the Legislative Review Committee.

Report received.

 

6       Questions

      Questions without notice were asked.

Ordered - That the period for asking questions without notice be extended by five minutes.

         Questions without notice resumed.

 

7       Joint Committee on the Impact of Dairy Deregulation in South Australia – Leave to sit

The Minister for Water Resources , by leave, moved – That the Joint Committee on the Impact of Dairy Deregulation in South Australia have leave to sit during the sittings of the House today.

Question put and passed.

 

8       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

9       Public Works Committee – Report – Southern Food Factory – Proposed French Fry Processing Facility – Final Report - Motion to note

Mr Lewis, pursuant to notice, moved – That the One Hundred and Sixty-Second Report of the Public Works Committee on the Southern Food Factory – Proposed French Fry Processing Facility – Final Report be noted.

         Debate ensued.

Mr McEwen moved to amend the motion by leaving out the word “noted” and inserting in lieu thereof “be referred back to the Committee for further consideration.”

         Debate continued.

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

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

 

10      Social Development Committee – Report – Biotechnology – Part 2 – Food Production - Motion to note

Mr Scalzi, pursuant to notice, moved – That the Fifteenth Report of the Social Development Committee on a inquiry into Biotechnology – Part 2 – Food Production be noted.

         Question put and passed.

 

11      Select Committee on DETE Funded Schools - Extension of time for bringing up Report

Hon R B Such moved - That the time for bringing up the Report of the Select Committee on DETE Funded Schools be extended until Wednesday 13 February 2002.

Question put and passed.

 


12      Select Committee on Petrol, Diesel and LPG Pricing – Interim Report

Order of the Day read for the Report of the Select Committee on Petrol, Diesel and LPG Pricing to be brought up.

Mr McEwen brought up an Interim Report (Paper No. 251), together with Minutes of Proceedings and Evidence.

Report received.

 

Mr McEwen then moved - That the Interim Report be noted.

Debate ensued

Ordered, on motion of Mr Lewis, that the debate be adjourned until Wednesday 13 February 2002.

 

         Extension of time for bringing up Report

Mr McEwen moved - That the time for bringing up the Final Report of the Select Committee on Petrol, Diesel and LPG Pricing be extended until Wednesday 13 February 2002.

Question put and passed.

 

13      Select Committee on Parliamentary Procedures and Practices - Extension of time for bringing up Final Report

Ms Maywald moved - That the time for bringing up the Final Report of the Select Committee on Parliamentary Procedures and Practices be extended until Wednesday 13 February 2002.

         Question put and passed.

 

14      Select Committee on the Funding of the Public Hospital System - Extension of time for bringing up Final Report

Ms Stevens moved - That the time for bringing up the Final Report of the Select Committee on the Funding of the Public Hospital System be extended until Wednesday 13 February 2002.

         Question put and passed.

 

15      Public Works Committee – Report – J P Morgan Chase & Co Regional Hub Building – Stage One – Final Report -  Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Lewis – That the One Hundred and Sixty-First Report of the Public Works Committee on the J P Morgan Chase & Co regional Hub building – Stage One – Final Report be noted.

         Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 13 February 2002.

 

16      Postponement of business

Ordered - That Order of the Day: Committee Reports No 6 be postponed until Wednesday 13 February 2002.

 

17      Public Works Committee – Report – Heathfield Wastewater Treatment Plant Environment Improvement Program and Upgrade – Final Report -  Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Lewis – That the One Hundred and Fifty Ninth Report of the Public Works Committee on the Heathfield Wastewater Treatment Plant Environment Improvement Program and Upgrade – Final Report be noted.

         Debate resumed.

         Question put and passed.

 

18      Select Committee on Groundwater Resources in the South East – Leave to sit

The Minister for Police, Correctional Services and Emergency Services, by leave, moved – That the Select Committee on Groundwater Resources in the South East have leave to sit during the sittings of the House today.

Question put and passed.


19      Lleyton Hewitt - Motion re

The Premier (Hon R G Kerin), pursuant to notice, moved – 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.

 

Ordered - That the time allotted for the debate be 30 minutes.

Debate ensued.

 

Mr Wright moved to amend the motion by inserting after the word “Sydney” the words “and extend our best wishes to Lleyton and his team mates for this weekend’s Davis Cup final.”

         Debate continued.

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

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

 

20      Gammon Ranges National Park – Removal of Mining Rights - Motion re

Minister for Environment and Heritage (Hon I F Evans), pursuant to notice, moved – 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.

         Ordered, on motion of Mr Hill, that the debate be adjourned until tomorrow.

 

21      Firearms (Permits) Amendment Bill

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

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 Mr Atkinson, that the debate be adjourned until tomorrow.

 

22      Statutes Amendment (Courts and Judicial Administration) Bill

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

The Minister for Water Resources (Hon M K Brindal) moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until tomorrow.

 

23      Legal Services Commission (Miscellaneous) Amendment 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 Mr Atkinson, that the debate be adjourned until tomorrow.

 

24      State Supply (Miscellaneous) Amendment Bill

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

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

         Ordered, on motion of Mr Snelling, that the debate be adjourned until tomorrow.

 

25      Postponement of business

Ordered - That Order of the Day: Government Business No 4 be postponed and taken into consideration after Order of the Day: Government Business No 11.

 


26      Native Vegetation (Miscellaneous) Amendment Bill

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

 

In Committee

                                                Clause No 18 further considered

 

         Mr Hill moved on page 12, after line 28, to insert:

               Expiry of Part

                     25F. This Part will expire on 1 January 2005.

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

 

                                                Clause otherwise amended and agreed to.

                                                Clause No 19 read.

 

         Mr Hill moved on page 12, line 34, to leave out “$50 000” and insert “$100 000”.

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

 

                                                Clause otherwise amended and agreed to.

                                                Clause No 20 amended and agreed to.

                                                Clause No 21 agreed to.

                                                Clause No 22 read.

 

         Mr Hill moved on page 15, line 11, to leave out “50” and insert “20”.

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

 

         Mr Hill moved on page 15, line 17, after the words “subsection (15)” to insert the following:

      “and substituting the following subsection:

            (15) If the Council gives its consent to clearance of native vegetation under this section, it must—

                  (a)  provide the applicant with a written notification of the consent; and

            (b)  publish a notice relating to the consent in the Gazette in accordance with the regulations.”

         Question – That the amendment be agreed to – put.

         Committee divided (No 1):

 


               Ayes, 20

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Mr Hill (Teller)


Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon G M Gunn

Mrs J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

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.

 

                                                Clause otherwise amended and agreed to.

                                                Clause No 23 agreed to.

                                                Clause No 24 read.

 

         Mr Hill moved on page 16, lines 24 to 30, to leave out subsection (1) and insert the following:

“(1) Any person may apply to the Environment, Resources and Development Court for an order to remedy or restrain a breach of this Act (whether or not any right of that person has been or may be infringed by or as a consequence of that breach).”

         Question – That the amendment be agreed to – put.

         Committee divided (No 2):

 


               Ayes, 21

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Hon R B Such

Ms Thompson

Ms White

Mr Wright

Mr Hill (Teller)


Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon G M Gunn

Mrs J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

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.

 

                                                Clause otherwise amended and agreed to.

                                                Clauses Nos 25 to 27 agreed to.

                                                Clause No 28 read.

 

         Mr Hill moved on page 29, after line 19, to insert the following:

             “(4b) The Court may, on its own initiative or on application (which may be an ex parte application) join a person as a party to the proceedings on an appeal.”

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

 

         Mr Hill moved on page 29, after line 24, to insert the following:

             “Expiry of Part

                    33GA. This Part will expire on 1 January 2005 (and any reference to an appeal under this Part in any other section of this Act will then have no effect).”

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

 

                                                Clause otherwise amended and agreed to.

                                                Clauses Nos 29 to 34 agreed to.

                                                Schedule agreed to.

 

         Ordered – That Clause No 14 be reconsidered.

 

                                                Clause No 14 reconsidered, further amended and agreed to.

                                                Title agreed to.

 

____________

 

         The House having resumed:

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

 

Bill read a third time and passed.

 

27      Message from the Legislative Council

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

 

         Joint Committee on Transport Safety                                         Message No 142

MR SPEAKER - The Legislative Council informs the House of Assembly that it has passed the Resolution transmitted herewith, and desires the concurrence of the House of Assembly thereto.

         Legislative Council, 28 November 2001                                   J C Irwin, PRESIDENT

 

Resolution referred to:

 

That should the Joint Committee on Transport Safety complete its Report on its Inquiry into Traffic Calming Schemes while the Houses are not sitting, the Committee may present its Report to the Presiding Officers of the Legislative Council and the House of Assembly who are hereby authorised, upon presentation, to publish and distribute that Report prior to the Tabling of the Report in both Houses.

 

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

 

28      Training and Skills Development Bill

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

Debate resumed.

 

29      Extension of time for adjournment

The Minister for Water Resources moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

30      Training and Skills Development Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 7 agreed to.

                                                Clause No 8 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon D C Wotton 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 on motion.

 


31      Suspension of Standing Orders

The Minister for Water Resources, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

32      Training and Skills Development Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

____________

 

It being Midnight

THURSDAY 29 NOVEMBER

____________

 

                                                Clause No 8 further considered, amended and agreed to.

                                                Clauses Nos 9 to 24 agreed to.

                                                Clause No 25 amended and agreed to.

                                                Clause Nos 26 to 31 agreed to.

                                                Clause No 32 amended and agreed to.

                                                Clauses Nos 33 to 42 agreed to.

                                                Clause No 43 amended and agreed to.

                                                Clauses Nos 44 to 53 agreed to.

                                                Schedule No 1 amended and agreed to.

                                                Schedule No 2 agreed to.

                                                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.

 

33      Statutes Amendment (Mobil Oil Refineries) 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.

 

         Speaker’s ruling

The Speaker ruled that this is a Hybrid Bill within the meaning of Joint Standing Order (Private Bills) No 2.

 

         Suspension of Standing Orders

The Minister for Education and Children’s Services (Hon M R Buckby), without notice, moved - That Joint Standing Orders – Private Bills be so far suspended as to enable the Bill to pass through its remaining stages without the necessity for reference to a Select Committee.

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


 

In Committee

                                                Clauses Nos 1 to 3 agreed to.

                                                Clause No 4 inserted.

                                                Clause No 5 agreed to.

                                                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 an amendment.

 

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

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

34      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 8 to 11 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

35      Freedom of Information (Miscellaneous No 2) Amendment Bill

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

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

         Ordered, on motion of Ms Hurley, that the debate be adjourned until tomorrow.

 

36      Adjournment

         House adjourned at 1.45 am until today at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Thursday 29 November 2001

 

         Notice of Motion: Private Members Bills/Committees/Regulations

 

Mr De Laine to move – That a Select Committee of this House be established to inquire into and report on Multiple Chemical Sensitivity and the contributing role of toxic chemical exposures, including exposures at levels generally assessed to be safe by international convention, to the levels of illness and disability in the South Australian population, under the following terms of reference –.

(a)     recognition of Multiple Chemical Sensitivity in Australia and Commonwealth Agencies, health care and human services providers and the chemical, pharmaceutical and pesticide industries, compared to international recognition of Multiple Chemical Sensitivity in industrialised nations such as the USA, Canada and Germany;

(b)     the prevalence of chemical sensitivity and Multiple Chemical Sensitivity and the extent of related disability in South Australia with reference to prevalence studies conducted by US State Health Departments in California and New Mexico;

(c)     the extent of problems experienced by people with Multiple Chemical Sensitivity including discrimination in the areas of health care, housing, education, employment, insurance, disability benefits, legal services, child care and access to public spaces due to chemical barriers and ignorance;

(d)     the availability of effective treatments for Multiple Chemical Sensitivity with reference to the denial of evidence for the existence or the significance of Multiple Chemical Sensitivity by Government Agencies, public health care services, the medical establishment and health care insurers and the alleged persecution of medical practitioners involved in the care and support of people with Multiple Chemical Sensitivity;

(e)     Attention Deficit Hyperactivity Disorder as a symptom of Multiple Chemical Sensitivity in children;

(f)       alleged false accusations of Munchausen By Proxy against the parents of children with Multiple Chemical Sensitivity;

(g)     Improving the quality of life and opportunities of people with Multiple Chemical Sensitivity through access to public services and participation in social, economic and civil affairs;

(h)     public health strategies aimed at minimising toxic chemical exposures thought to initiate or exacerbate Multiple Chemical Sensitivity with particular reference to pesticides , solvents and consumer products and the chemical contaminants in air, water and food, in the indoor and outdoor environments, and in the workplace;

(i)       the need for public education programs on Multiple Chemical Sensitivity and the risks of both high dose and long term low dose toxic chemical exposures, including chemical hazards in the workplace; and

(j)       any other related matter.

 

 

         For Wednesday 13 February 2002

 

         Notice of Motion: Committee Reports

 

Hon G M Gunn to move – That the Thirty-Seventh Report of the Economic and Finance Committee on the South Australian Government Energy Market be noted.

 

 

____________

 

 

         Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes - Mr Hanna.

               Noes - Hon D C Kotz.

 

         Division No 2 -

               Ayes - Mr Hanna.

               Noes - Hon D C Kotz.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY