No 65

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 22 JULY 2004

 

 

1       Meeting of House

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

 

2       Barley Single Desk - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Rau - That this House calls upon the Federal Treasurer to support the Barley Single Desk rather than penalising South Australia through the withdrawal of National Competition Payments.

Which Mr Meier has moved to amend by inserting after “Payments” the words “and calls on the State Labor Government not to abolish the single desk and to become far more pro-active in arguing the case for its retention to the National Competition Council.”

         Debate resumed.

         Question – That the amendment be agreed to - put

         House divided (No 1):

 

           Ayes, 19

 

           Noes, 24

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Mr Hanna

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Ms Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Venning

Mr Snelling

Mr Williams

Hon L Stevens

Mr Meier (Teller)

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Mr Rau (Teller)

 

         So it passed in the negative.

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

 

3       Arts Industry Funding - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hamilton-Smith - That this House –

(a)           calls on the Premier as the Minister for the Arts, to respond to the campaign launched by the Arts Industry Council (SA) Incorporated during the 2004 Adelaide Fringe for the allocation of an extra $2M towards the commissioning and development of new work by South Australian artists;

(b)           notes the Council’s concern that Arts Industry development programs have been reduced by $1.24M in the last two budgets; and

(c)           supports the letter, media and email campaign conducted by the Council alerting the South Australia public of the paucity of current Arts funding

Debate resumed.

         Question put and negatived.

 

4       Postponement of business

Ordered - That Order of the Day: Other Motions No 3 be postponed until Thursday 19 August.

 

5       Police Tattoo 2003 - Motion re

Order of the Day read for the adjourned motion of Mr Brokenshire - That this House congratulates the South Australian Police, event organisers and volunteers on arranging the 2003 Police Tattoo, known as the Sensational Adelaide International Police Tattoo.

         Debate ensued.

         Question put and passed.

 

6       Condolence Motions - Motion re

Order of the Day read for the adjourned debate on the motion of Hon I F Evans - That for the remainder of the Session

(a)           Condolence Motions relating to former Members of the current Parliament may be moved immediately after Prayers; and

(b)           other Condolence Motions shall be moved after Questions without Notice and before Grievances, unless the House determines otherwise.

         Debate resumed.

         Question put and negatived.

 

____________

 

The 1 hour for Orders of the Day: Other Motions having expired, Notices of Motion: Other Motions were called on.

____________

 

 

7       Federal Government’s Energy White Paper - Motion re

Mr Rau, pursuant to notice, moved - That this House congratulates the Member for Flinders on joining this Government’s condemnation of the Federal Government’s Energy White Paper released on 15 June.

Hon W A Matthew moved to amend the motion by deleting all words after “Flinders on” and inserting “her demonstrated commitment to renewable energy”

         Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 19 August.

 

8       Road Funding - Motion re

Mr Venning, pursuant to notice, moved - That this House expresses concern at the condition of South Australian roads and condemns the State Government for reducing road funding to become one of the lowest per capita road expenditure States in Australia.

The Minister for Transport (Hon P L White), moved to amend the motion by deleting all words after “condemns the” and insert “Federal Government for inadequate road funding to this State to the extent that on a $/km basis, SA continues to receive the poorest road funding from the Commonwealth of any State/ Territory in the nation”.

         Debate ensued.

         Question – That the amendment be agreed to - put

 

         House divided (No 2):

 

 

 

 

           Ayes, 24

           Noes, 16

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Mrs Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Venning (Teller)

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon P L White (Teller)

 

 

         So it was resolved in the affirmative.

 

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

 

9       Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 3 to 13 be postponed and taken into consideration after Order of the Day: Other Motion No 14.

 

10      National Heritage Listing of Parliament House - Motion re

Hon G M Gunn, having by leave amended his motion of which notice had been given, moved –

That this House notes the Speaker’s statement of the 19th July 2004 and supports those remarks that any listing of the Parliament House precinct and buildings by the Australian Heritage Council on the National Heritage Register is conditional upon the Federal Government and its agencies acknowledging and accepting the sovereignty and privileges held for the people of this State by the Members of the South Australian Parliament from time to time who exercise, on behalf of the people, the responsibilities arising from that sovereignty and those privileges from time to time;

And that a message be sent to the Legislative Council this day respectfully requesting its concurrence to the foregoing Statement of the House of Assembly so that this resolution of the Parliament of South Australia can be sent to the Australian Heritage Council prior to the proposed listing by it tomorrow.

         Debate ensued.

         Question put and passed.

 

11      Petitions Nos 92 and 93

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

 

92   Minister for Transport, from 411 residents of South Australia, requesting the House to urge the Government to support the Premier in his efforts to have the Federal Government increase to our fair share, South Australia’s allocation of funds for building and maintaining our land transport network, including regional South Australia.

 

93   Ms Chapman, from 77 residents of South Australia, requesting the House to urge the Government to take action to establish an independent Inquiry to fully investigate and report upon all allegations of sexual abuse of wards of the State and others in institutional care.

 

12      Answers to questions

Answers to questions on the Notice Paper Nos 369, 414, 418, 429, 489 and 492 and questions without notice were tabled by the Speaker.

 

13      Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

                  National Wine Centre of Australia – Independent Audit Report 2002-2003

 

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

            Environment, Resources and Development Committee Report – The Development of Wind Farms in SA – The South Australian Government Response

 

By the Minister for Environment and Conservation (Hon J D Hill) –

                  South East Catchment Water Management Board – Report 2002-2003

 

By the Minister for Employment, Training and Further Education (Hon S W Key) –

                  University of South Australia – Report 2003

                  University of South Australia Financial Statements 2003

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) -

                  Ministerial Statement – Office of Small Business Advocate.

 

14      Publishing Committee – Report – 2003-2004

Mr Koutsantonis brought up the Report (Third Session) of the Publishing Committee.

 

The Report, recommending the printing of the following Papers, was adopted:

 

Aboriginal Lands Trust –

      Report 2001-2002                                                                                                        34

      Report 2002-2003                                                                                                        34A

Abortions Notified in South Australia, Committee Appointed to Examine and Report on –

      Report 2002-2003 Addendum                                                                                       90A

Animal and Plant Control Commission South Australia – Report 2003                                   119

Art Gallery of South Australia – Report 2002-2003                                                               41

Courts Administration Authority – Report 2002-2003                                                            147

Development Act – Administration of the – Report 2002-2003                                                70

Education Adelaide – Report 2002-2003                                                                              45

Education & Children’s Services, Dept of – Report 2003                                                       44

Further Education, Employment, Science and Technology, Dept of – Report 2002-2003          103

Juvenile Justice Advisory Committee – Report 2002-2003                                                     27

Libraries Board of South Australia – Report 2002-2003                                                         54

Medical Board of South Australia – Report 2002-2003                                                          57

Native Vegetation Council – Report 2002-2003                                                                     143

Police Complaints Authority – Report 2002-2003                                                                 94

Senior Secondary Assessment Board of South Australia – Report 2003                                85

State Theatre Company of South Australia – Report 2002-2003                                             96

Super SA Board – Report 2002-2003                                                                                  67

Supreme Court of South Australia, Report of the Judges of the – Report 2002-2003                101

Teachers Registration Board of South Australia – Report 2003                                              89

Training and Skills Commission – Report 2002-2003                                                            100

 

Pursuant to Standing Order 355, the Committee advises the House that the following papers have not been received during the present session:

 

Required to be tabled in Parliament but not printed

Architects Board – Report 2002-2003

Chiropody Board – Report 2002-2003

Metropolitan Fire Service SA – Report 2002-2003

Save the River Murray Fund – Report 2002-2003

Soil Conservation Boards – Report 2002-2003

Ceduna, The District Council of – Report 2002-2003

Coorong District Council – Report 2002-2003

Kingston District Council – Report 2002-2003

Mallala, The District Council of – Report 2002-2003

Orroroo/Carrieton, District Council of – Report 2002-2003

Yorke Peninsula, District Council of – Report 2002-2003.

 

Mr Koutsantonis

Chairman, Publishing Committee

 

15      Questions

Questions without notice were asked.

 

16      Grievance debate

On motion of the Speaker, the House noted grievances.

 

17      Next day of sitting

Ordered, on motion of the Attorney-General - That the House at its rising adjourn until Monday 16 August at 2.00 pm.

 

18      Joint Committee on a Code of Conduct for Members of Parliament – Power to Act

Hon R B Such, by leave, moved - That the Members of the House appointed to the Joint Committee on a Code of Conduct for Members of Parliament have power to act on that Committee during the recess.

Question put and passed.

 

19      Select Committee on Nurse Training and Education – Power to Act and Extension of time for bringing up Report

Hon R B Such, by leave, moved - That the Select Committee on Nurse Training and Education have the power to continue its sittings during the recess and that the time for bringing up of the report be extended until the first day of the next session.

Question put and passed.

 

20      Select Committee on the Juvenile Justice System – Power to Act and extension of time for bringing up Report

Order of the Day read for bringing up the Report of the Select Committee on the Juvenile Justice System

Hon R B Such, moved - That the Select Committee on the Juvenile Justice System have the power to continue its sittings during the recess and that the time for bringing up of the report be extended until the first day of the next session.

Question put and passed.

 

21      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.

 

22      Stamp Duties (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.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clause No 1 agreed to.

Clauses Nos 2 and 3 agreed to.

 

 

Mr Hanna moved on page 3, after line 1, to insert a new clause as follows—

3A—Amendment of section 2—Interpretation

(1)    Section 2(1)—after the definition of discretionary trust insert:

domestic partner of a person means—

(a)  a spouse of the person; or

(b)  a same sex partner of the person,

and domestic partnership has a corresponding meaning;

(2)    Section 2(1)—after the definition of sale insert:

same sex partner—a person is the same sex partner of another if the person—

(a)  is of the same sex as the other; and

(b)  cohabits with the other as his or her partner in a genuine domestic relationship; and

(c)      has so cohabited continuously for at least 3 years;

(3)    Section 2(1), definition of spouse—after "with the person" insert:

in a genuine domestic relationship

 

Question – That new clause No 3A be inserted – put.

 

         Committee divided (No 3):

 

           Ayes, 4

 

           Noes, 40

Mr Brindal

Ms Bedford

Hon I P Lewis

Ms Breuer

Mrs Redmond

Mr Brokenshire

Mr Hanna (Teller)

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Ms Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mrs Penfold

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Scalzi

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

Clause No 4 read.

 

The Attorney-General moved – That the Committee report progress.

Question – put.

         Committee divided (No 4):

 

 

 

 

           Ayes, 23

           Noes, 20

 

Ms Bedford

Mr Brindal

Ms Breuer

Mr Brokenshire

Mr Caica

Hon D C Brown

Ms Ciccarello

Hon M R Buckby

Hon P F Conlon

Ms Chapman

Hon K O Foley

Hon I F Evans

Mrs Geraghty

Mr Goldsworthy

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon D C Kotz

Hon I P Lewis

Hon W A Matthew

Mrs Maywald

Dr McFetridge

Hon R J McEwen

Mr Meier

Ms Rankine

Mrs Penfold

Hon M D Rann

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Mr Hanna (Teller)

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

 

So it was resolved in the affirmative.

 

         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 on motion.

 

23      Extension of time for adjournment

Ordered, on motion of the Attorney-General - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

24      Stamp Duties (Miscellaneous) Amendment Bill

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

 

In Committee

Clauses Nos 4 to 10 agreed to.

Title agreed to.

____________

 

         The House having resumed:

Hon R B Such 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.

 

25      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 16 further considered.

 

Hon D C Brown moved on page 9, line 33, to delete “2007” and substitute “2005”

Question – That the amendment be agreed to –put

         Committee divided (No 5):

 

 

 

 

           Ayes, 10

 

           Noes, 29

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Ms Chapman

Ms Breuer

Mr Hanna

Hon M R Buckby

Hon I P Lewis

Mr Caica

Hon W A Matthew

Ms Ciccarello

Mr Meier

Hon P F Conlon

Mr Scalzi

Hon I F Evans

Mr Venning

Hon K O Foley

Hon D C Brown (Teller)

Mrs Geraghty

 

Mr Goldsworthy

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Ms Maywald

 

Dr McFetridge

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mrs Redmond

 

Mr Snelling

 

Ms Thompson

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon L Stevens (Teller)

 

         So it passed in the negative.

 

Mr Hanna moved on page 10, line 37 to 41, to delete subclauses (2)(a) and (2)(b)

Question – That the amendment be agreed to - put

         Committee divided (No 6):

 

           Ayes, 5

 

           Noes, 28

Hon D C Brown

Hon M J Atkinson

Hon W A Matthew

Ms Bedford

Mr Meier

Ms Breuer

Mr Venning

Mr Brindal

Mr Hanna (Teller)

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Mrs Geraghty

 

Mr Goldsworthy

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Ms Maywald

 

Dr McFetridge

 

Ms Rankine

 

Hon M D Rann

 

Mr Rau

 

Mr Snelling

 

Ms Thompson

 

Hon J W Weatherill

 

Hon L Stevens (Teller)

 

         So it passed in the negative.

 

Clause No 16 otherwise amended and agreed to.

 

Hon R B Such moved on page 12, after clause 16, to insert a new clause as follows—

16A—Insertion of section 70

Before section 71 insert:

70—Confiscation of tobacco products from children

(1)       A prescribed person who becomes aware that tobacco products are in the possession of a child apparently for the purpose of consumption by the child may require the child to deliver the products to the prescribed person.

(2)       A child must comply with a requirement under subsection (1).

Maximum penalty: $75.

Expiation fee: $30.

(3)       If tobacco products are delivered to a prescribed person in response to a requirement under subsection (1), the products are forfeited by the child and must be destroyed as soon as reasonably practicable by the prescribed person.

(4)       In this section—

prescribed person in relation to a child means—

(a)      a member of the police force; or

(b)      any other authorised officer under Part 5; or

(c)      an authorised person under Chapter 12 Part 3 of the Local Government Act 1999; or

(d)      a teacher at a school attended by the child.

 

Question – That new clause No 16A be inserted – put and negatived.

 

Clauses Nos 17 to 19 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Caica reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

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

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

26      Messages from the Legislative Council

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

 

         Land Agents (Indemnity Fund-Growden Default) Amendment Bill         Message No 87

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Land Agents Act 1994 and to make a related amendment to the Conveyancers Act 1994, without any amendment.

         Legislative Council, 21 July 2004                                                    R R Roberts, PRESIDENT

 

         Emergency Management Bill                                                                 Message No 88

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish strategies and systems for the management of emergencies in the State; to make related amendments to other Acts; to repeal the State Disaster Act 1980; and for other purposes, without any amendment.

         Legislative Council, 21 July 2004                                                    R R Roberts, PRESIDENT

 

         Trans-Tasman Mutual Recognition (South Australia) (Removal of Sunset Clause) Amendment Bill             Message No 89

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Trans-Tasman Mutual Recognition (South Australia) Act 1999, without any amendment.

         Legislative Council, 22 July 2004                                                    R R Roberts, PRESIDENT

 

 

 

 

 

         Chicken Meat Industry (Arbitration) Amendment Bill                              Message No 90

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Chicken Meat Industry Act 2003, without any amendment.

         Legislative Council, 22 July 2004                                                    R R Roberts, PRESIDENT

 

         National Heritage Listing of Parliamentary House Precinct – Resolution

                                                                                                                        Message No 91

MR SPEAKER - The Legislative Council has agreed to the Resolution contained in Message No 108 from the House of Assembly concerning listing of the Parliament House precinct and buildings by the Australian Heritage Council.

         Legislative Council, 22 July 2004                                                    R R Roberts, PRESIDENT

 

         Statutes Amendment (Electricity and Gas) Bill                                       Message No 92

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Electricity Act 1996 and the Gas Act 1997; with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 22 July 2004                                                    R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 5, page 2, after line 14—

Insert:

(1)      Section 24(2)—After paragraph (d) insert:

(da)        requiring the electricity entity to include (in a print size and form prescribed by regulation) in each account for electricity charges sent to a small customer information prescribed by regulation, including information relating to—

(i)        the customer's electricity consumption during the preceding 12 months; and

(ii)        the entity's daily charges for electricity during the period to which the account relates; and

(iii)       obtaining advice through the Commission about reducing electricity consumption and about electricity consumer choices; and

(iv)       greenhouse gas emissions associated with the customer's electricity consumption; and

 

Amendment No 2

New clause, page 4, after line 9—

Insert:

6A—Amendment of section 26A—Licences authorising retailing

Section 26A(2)—After paragraph (d) insert:

(da)        requiring the gas entity to include (in a print size and form prescribed by regulation) in each account for gas charges sent to a small customer information prescribed by regulation, including information relating to—

(i)         the customer's gas consumption during the preceding 12 months; and

(ii)        the entity's daily charges for gas during the period for which the account relates; and

(iii)       obtaining advice through the Commission about reducing gas consumption and about gas consumer choices; and

(iv)       greenhouse gas emissions associated with the customer's gas consumption; and

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment 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.

 

         Appropriation Bill                                                                                   Message No 93

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2005 and for other purposes, without any amendment.

         Legislative Council, 22 July 2004                                                    R R Roberts, PRESIDENT

 

27      Suspension and resumption of sitting

         At 9.34 pm the sitting of the House was suspended.

         At 10.18 pm the Speaker resumed the Chair.

 

28      Messages from the Legislative Council

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

 

         Commission of Inquiry (Children in State Care) Bill                               Message No 94

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to to provide for a Commission of Inquiry into allegations of failure on the part of Government agencies, employees or other relevant persons to investigate or appropriately deal with allegations concerning sexual offences against children under the guardianship, custody, care or control of the Minister responsible for the protection of children; to provide evidentiary powers and immunities in connection with the inquiry; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 22 July 2004                                                    R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 3, page 2, after line 16—

Insert:

parliamentary selection committee means a committee consisting of—

   (a)        the President of the Legislative Council; and

   (b)        the Speaker of the House of Assembly; and

   (c)        the Premier; and

   (d)        the Leader of the Opposition; and

   (e)        a member of the Legislative Council chosen by the Legislative Council who is neither a member of the Government nor a member of the Opposition;

 

Amendment No 2

Clause 3, page 2, after line 18—

Insert:

State includes a Territory.

 

Amendment No 3

New clause, page 2, after line 18—

Insert:

3A—Proceedings of parliamentary selection committee

   (1)        The President of the Legislative Council will preside at meetings of the parliamentary selection committee.

   (2)        A decision carried by a majority of votes cast by members of the parliamentary selection committee at a meeting of the committee is a decision of the committee.

   (3)        Each member present at a meeting of the parliamentary selection committee has 1 vote on a question arising for decision.

 

Amendment No 4

Clause 4, page 3, line 4—

After "the Governor" insert:

on the recommendation of the parliamentary selection committee

 

Amendment No 5

Clause 4, page 3, after line 4—

Insert:

   (2a)       The person appointed under subsection (2) must be—

   (a)        a Judge or former Judge of the Federal Court of Australia or of the Family Court of Australia, other than a person who resides in this State; or

   (b)        a Judge or former Judge of the Supreme Court of a State, other than this State; or

   (c)        a Judge or former Judge of an interstate court that corresponds to the District Court of South Australia.

 

Amendment No 6

Clause 4, page 3, lines 7 to 18—

Leave out subclauses (4) and (5)

 

Amendment No 7

Clause 8, page 4, line 35—

After "with the Commissioner" insert:

and with the approval of the parliamentary selection committee

 

Amendment No 8

Clause 8, page 5, after line 2—

Insert:

   (2a)       The Minister may, after consultation with the Commissioner, engage or appoint a suitably qualified person or persons to provide support or assistance to any person who may wish to place evidence before the Inquiry.

 

Amendment No 9

Clause 11, page 6, after line 21—

Insert:

   (1a)       If the Governor allows an extension of time for the completion of the Inquiry under subsection (1), the Commissioner must nevertheless, within the period of 6 months referred to in that subsection, provide an interim report on the progress of the Inquiry.

   (1b)       An interim report under subsection (1a) must at least report on allegations of sexual abuse of persons as children while in the various forms of State care other than foster care (insofar as this is reasonably practicable in the circumstances).

 

Amendment No 10

Clause 11, page 6, lines 22 and 23—

Delete subclause (2) and substitute:

   (2)        A report of the Commissioner under this section must be delivered to the Governor.

 

Amendment No 11

Clause 11, page 6, line 24—

Delete "the report" and substitute:

a report from the Commissioner

 

Amendment No 12

Clause 11, page 6, line 25—

Delete "within 5 sitting days" and substitute:

within 3 sitting days

 

Amendment No 13

Schedule 1, clause 2, page 8, lines 3 to 8—

Delete subclauses (1) and (2) and substitute:

   (1)        The terms of reference are to inquire into any allegations of—

   (a)        sexual abuse of a person who, at the time that the alleged abuse occurred, was a child in State care; or

   (b)        criminal conduct which resulted in the death of a person who, at the time that the alleged conduct occurred, was a child in State care,

(whether or not any such allegation was previously made or reported).

   (2)        The purposes of the inquiry are—

   (a)        to examine the allegations referred to in subclause (1); and

   (b)        to report on whether there was a failure on the part of the State to deal appropriately or adequately with matters that gave rise to the allegations referred to in subclause (1); and

   (c)        to determine and report on whether appropriate and adequate records were kept in relation to allegations of the kind referred to in subclause (1) and, if relevant, on whether any records relating to such allegations have been destroyed or otherwise disposed of; and

   (d)        to report on any measures that should be implemented to provide assistance and support for the victims of sexual abuse (to the extent that these matters are not being addressed through existing programs or initiatives).

 

Amendment No 14

Schedule 1, page 8, line 10—

Delete "1 July 2004" and substitute:

the commencement of this Act

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

Resolved – That Amendments Nos 1 to 7 be disagreed to.

Resolved – That Amendments Nos 8 to 14 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 Amendments Nos 8 to 14 without amendment and disagreed to Amendments Nos 1 to 7.

 

         Commission of Inquiry (Children in State Care) Bill                               Message No 95

MR SPEAKER - The Legislative Council does not insist on its Amendments Nos 1 to 7 in the Commission of Inquiry (Children in State Care) Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 22 July 2004                                                    R R Roberts, PRESIDENT

 

29      Adjournment

House adjourned at 11.25 pm until Monday 16 August at 2.00 pm.

 

____________

 

 

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

 

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

 

         Division No 1 -

               Ayes - Mrs Hall.

               Noes - Mr O’Brien.

 

         Division No 2 -

               Ayes - Mr O’Brien

               Noes - Mrs Hall.

 

         Division No 5 -

               Ayes -Hon G M Gunn, Hon R G Kerin and Mrs Penfold.

               Noes –The Minister for Families and Communities (Hon J W Weatherill), Minister for Agriculture, Food and Fisheries (Hon R J McEwen) and Mr O’Brien.

 

         Division No 6 -

               Ayes -  Hon G M Gunn, Mrs Penfold, Mr Scalzi and Mr Williams.

               Noes – The Minister for Transport (Hon P L White), Minister for Administrative Services (Hon M J Wright), Minister for Agriculture, Food and Fisheries (Hon R J McEwen) and Mr O’Brien.

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY

 

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 29 JULY 2004

 

Department of the Premier and Cabinet

Adelaide, 29 July 2004

 

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

 

No. 26 of 2004—Conveyancers (Corporate Structures) Amendment Act 2004.  An Act to amend the Conveyancers Act 1994.

No. 27 of 2004—Statutes Amendment (Co-managed Parks) Act 2004.  An Act to amend the Marlinga Tjarutja Land Rights Act 1984 and the National Parks and Wildlife Act 1972.

No. 28 of 2004—State Procurement Act 2004.  An Act to regulate the procurement operations of public authorities; to make a related amendment to the Gaming Machines Act 1992; to repeal the State Supply Act 1985; and for other purposes.

No. 29 of 2004—Land Agents (Indemnity Fund-Growden Default) Amendment Act 2004.  An Act to amend the Land Agents Act 1994 and to make a related amendment to the Conveyancers Act 1994.

No. 30 of 2004—Emergency Management Act 2004.  An Act to establish strategies and systems for the management of emergencies in the State; to make related amendments to other Acts; to repeal the State Disaster Act 1980; and for other purposes.

 

By command,

J.D. LOMAX-SMITH, for Premier

 

 

 

 

 

 

 

 

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 5 AUGUST 2004

 

Department of the Premier and Cabinet

Adelaide, 5 August 2004

 

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

 

No. 31 of 2004—Appropriation Act 2004.  An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2005 and for other purposes.

No. 32 of 2004—Chicken Meat Industry (Arbitration) Amendment Act 2004.  An Act to amend the Chicken Meat Industry Act 2003.

No. 33 of 2004—Commission of Inquiry (Children in State Care) Act 2004.  An Act to provide for a Commission of Inquiry into allegations of failure on the part of government agencies, employees or other relevant persons to investigate or appropriately deal with allegations concerning sexual offences against children under the guardianship, custody, care or control of the Minister responsible for the protection of children; to provide evidentiary powers and immunities in connection with the inquiry; and for other purposes.

No. 34 of 2004—Natural Resources Management Act 2004.  An Act to promote sustainable and integrated management of the State’s natural resources; to make provision for the protection of the State’s natural resources; to make amendments to the Crown Lands Act 1929, the Dog and Cat Management Act 1995, the Dog Fence Act 1946, the Environment Protection Act 1993, the Ground Water (Qualco-Sunlands) Control Act 2000, the Local Government Act 1934, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Parliamentary Committees Act 1991, the Pastoral Land Management and Conservation Act 1989, the Petroleum Act 2000, the River Murray Act 2003, the South Eastern Water Conservation and Drainage Act 1992, and the Subordinate Legislation Act 1978; to repeal the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Soil Conservation and Land Care Act 1989 and the Water Resources Act 1997; and for other purposes.

No. 35 of 2004—Pastoral Land Management and Conservation (Miscellaneous) Amendment Act 2004.  An Act to amend the Pastoral Land Management and Conservation Act 1989.

No. 36 of 2004—Statutes Amendment (Electricity and Gas) Act 2004.  An Act to amend the Electricity Act 1996 and the Gas Act 1997.

No. 37 of 2004—Statutes Amendment (Miscellaneous Superannuation Measures) Act 2004.  An Act to amend the Police Superannuation Act 1990, the Southern State Superannuation Act 1990 and the Superannuation Act 1988.

No. 38 of 2004—Trans-Tasman Mutual Recognition (South Australia) (Removal of Sunset Clause) Amendment Act 2004.  An Act to amend the Trans-Tasman Mutual Recognition (South Australia) Act 1999.

 

By command,

J. W. Weatherill, for Premier

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 12 AUGUST 2004

 

Department of the Premier and Cabinet

Adelaide, 12 August 2004

 

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

 

No. 39 of 2004—Parliamentary Remuneration (Non-monetary Benefits) Amendment Act 2004.  An Act to amend the Parliamentary Remuneration Act 1990.

By command,

J. D. LOMAX-SMITH, for Premier

 

 

EXTRACT FROM THE GOVERNMENT GAZETTE, 12 AUGUST 2004

 

South Australia

 

Constitution (Fourth Session of the Fiftieth Parliament) Proclamation 2004

 

under section 6(1) of the Constitution Act 1934

 

1---Short title

 

               This proclamation may be cited as the Constitution (Fourth Session of the Fiftieth Parliament) Proclamation 2004.

 

2---Commencement

 

               This proclamation comes into operation on the day on which it is made.

 

3---Prorogation of Parliament

 

               I prorogue the Parliament of South Australia.

 

4---Fourth session of the Fiftieth Parliament

 

      (1)     I fix 12 noon on 14 September 2004 as the time for holding the fourth session of the

Fiftieth Parliament.

 

(2)           I declare that the place for holding the Parliament will be the building known as Parliament House at North Terrace, Adelaide

 

(3)           I summon the Parliament to meet for the dispatch of business at the time and place stated above and require all honourable members of the Legislative Council and the House  of Assembly, and all officers of the Parliament, to attend accordingly.

 

Made by the Governor

 

with the advice and consent of the Executive Council

 

on 12 August 2004.