No 65

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 5 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        Message from the Governor

         The following Message from the Governor’s Deputy was received and read:

 

         Assent to Bills                                                                                         Message No 24

The Governor’s Deputy informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts were assented to during the fourth Session of the 50th Parliament, viz.-

No. 27 of 2005         An Act to amend the Recreational Services (Limitation of Liability) Act 2002.

No. 28 of 2005         An Act to amend the Land Tax Act 1936 and the Stamp Duties Act 1923.

            Government House, 5 July 2005                                      J Doyle  GOVERNOR’S DEPUTY

 

3       Petition No 93

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

 

93   The Minister for Environment and Conservation (Hon J D Hill), from 20 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.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 142, 192, 231, 287, 388, 433, 497, 499 and 503 and questions without notice were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

By the Treasurer (Hon K O Foley) –

      Super SA Report – Insurance Review

      Emergency Services Act – Emergency Services Funding –

                  Declaration of Levy and Area and Land Use Factors – Notice 2005

                  Declaration of Levy for Vehicles and Vessels – Notice 2005

 

      Regulations under the following Act –

                  Emergency Services Funding – Land Remissions

 

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

      Regulations under the following Acts –

                  Highways – Port River Expressway Project

                  Public Corporations – South Australian Infrastructure Corporation

 

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

      Regulations under the following Acts –

                  Australian Energy Market Commission Establishment– Annual Reports

 

By the Attorney-General (Hon M J Atkinson) –

      Regulations under the following Acts –

                  Coroners – Reportable Death

                  Security and Investigation Agents – Additional Fee Increases

 

      Rules of Court –

                  Supreme Court – E-filing

 

6       Member named

The Speaker named the Member for Finniss (Hon D B Brown) for refusing to accept the authority of the Chair.

The Member made an apology which was accepted by the Speaker.

 

7       Papers

         The following Papers were tabled:

 

By the Minister for Health (Hon L Stevens) –

      Gene Technology Activities – Report 2004

 

      Regulations under the following Acts –

                  Medical Practice – Miscellaneous

                  South Australian Health Commission – Fees for Services

 

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

      Aboriginal Lands Trust – Report 2003-2004

           

      Regulations under the following Acts –

Agricultural and Veterinary Products (Control of Use) Act 2002, Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, Aquaculture Act 2001, Controlled Substances Act 1984, Development Act 1993, Native Vegetation Act 1991, Natural Gas Authority Act 1967, Pastoral Land Management and Conservation Act 1989, Public and Environmental Health Act 1987, River Murray Act 2003, Workers Rehabilitation and Compensation Act 1986 – Revocation of Water Resources Act 1997

                  Historic Shipwrecks – Prohibition

                  Natural Resources Management –

                        Financial Provisions

                        General

                  Prevention of Cruelty to Animals – Traps and Codes

                  Radiation Protection and Control – Ionising Radiation

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Regulations under the following Act –

                  Daylight Saving – Summer Time

 

By the Minister for Gambling (Hon M J Wright) –

      Independent Gambling Authority –

                  Inquiry into Effectiveness of Gambling Rehabilitation Programs Report

                  Inquiry into Smartcard Technology Report

 

      Regulations under the following Act –

      Authorised Betting Operations – Betting Price Information

 

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

      Regulations under the following Acts –

                  Development – Osborne Maritime Policy Area

                  Petroleum (Submerged Lands) – General

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Act –

                  Liquor Licensing – Port Pirie Dry Zone.

 

8       Social Development Committee - Report – Inquiry into Multiple Chemical Sensitivity

Ms White brought up the Twenty-Second Report of the Committee on the Inquiry into Multiple Chemical Sensitivity.

Report received.

 

9       Questions

Questions without notice were asked.

Ordered on motion of the Minister for Transport, that the period for asking questions without notice be extended by 5 minutes.

Questions without notice resumed.

 

10      Speaker’s ruling -

On a point of order being raised, the Speaker ruled that the Attorney-General was not required to table a document from which he had quoted because it is publicly available.

 

Speaker’s ruling – objection to

Mr Hanna moved – That the ruling of the Speaker be disagreed to.

Debate ensued.

         Question put.

         House divided (No 1):

 

           Ayes, 20

 

           Noes, 22

Mr Brindal

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 K O Foley

Hon G M Gunn

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Mr Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Mr Hanna (Teller)

Ms White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

11      Grievance debate

On motion of the Speaker, the House noted grievances.

 

12      Inquiry into the Handling of Allegations Concerning the Attorney-General and Mr Ashbourne - Motion re

The Minister for Transport, pursuant to notice, moved - 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.

 

Limitation of Debate

The Minister for Transport, then moved - That the time allotted for this motion be 90 minutes.

Question put.

 

         Division, only one No

The House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

 

Debate (interrupted by the foregoing) ensued.

The Leader of the Opposition (Hon R G Kerin), moved to amend the motion by deleting all words after (b) and insert - the conditions for the Inquiry set down in the letter to the Premier on 11 September 2003, namely:  

(1)   An inquiry will be established within 21 days of the disposition of the criminal charges against Mr Ashbourne.

(2) The inquiry will be conducted by an independent senior counsel (or retired judge) appointed after consultation with the leaders of all political parties and independent Members of Parliament.

(3) The terms of reference of the inquiry will be agreed between yourself and the leaders of other parties and independent Members.

(4) The inquiry will be given far-reaching powers including the power to compel the attendance of witnesses and the production of documents - see Software Centre Inquiry (Powers and Immunities) Act 2001.

(5) The person appointed to undertake the inquiry will be adequately resourced including counsel assisting if required and a senior ex-public servant of high standing will be appointed to assist the inquiry.

(6) The timeline for tabling the report be agreed to at the time of setting the Terms of Reference.

(7) The report of the inquiry will be tabled in Parliament within 48 hours of its completion or, if Parliament is not then sitting, be presented to the Presiding Officers of both Houses for publication in a manner similar to out-of-session Reports of Parliamentary Committees - see Parliamentary Committees Act 1991, s.18.

Debate continued.

 

13      Extension of sitting

Ordered, on motion of the Minister for Transport, that the sitting of the House be extended beyond 6.00pm.

 

14      Inquiry into the Handling of Allegations Concerning the Attorney-General and Mr Ashbourne - Motion re

Debate (interrupted by the foregoing) resumed.

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 2):

 

           Ayes, 20

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon D C Kotz

Hon K A Maywald

 

Mr Lewis

Hon R J McEwen

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Venning

Ms Thompson

Mr Williams

Hon J W Weatherill

Ms Chapman (Teller)

Ms White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Question – That the motion be agreed to – put.

         House divided (No 3):

 

           Ayes, 23

 

           Noes, 19

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Hanna

Mr Hamilton-Smith

Hon J D Hill

Hon R G Kerin

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Mr Lewis

Hon K A Maywald

 

Hon W A Matthew

Hon R J McEwen

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mrs Redmond

Mr Rau

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

Mr Williams

Ms Thompson

Hon D C Brown (Teller)

Hon J W Weatherill

 

Ms White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

 

         So it was resolved in the affirmative.

 

15      Suspension and resumption of sitting

         At 6.14 pm the sitting of the House was suspended.

         At 7.30 pm the Speaker resumed the Chair.

 

16      Trustee Companies (Elders Trustees Limited) Amendment Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Trustee Companies Act 1988.

Question put and passed.

         Bill presented and read a first time.

 

         Suspension of Standing Orders

The Attorney-General, without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through all stages without delay.

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

 

         Trustee Companies (Elders Trustees Limited) Amendment Bill

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

Debate ensued.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

17      Special Commission of Inquiry (Powers and Immunities) Bill

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

Debate resumed.

 

18      Extension of time for adjournment

Ordered, on motion of the Minister for Transport, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

19      Special Commission of Inquiry (Powers and Immunities) Bill

Debate (interrupted by the foregoing) resumed.

 

20      Member named

The Speaker named the Member for Hartley (Mr Scalzi) for refusing to accept the authority of the Chair.

The Member made an apology which was accepted by the Speaker.

 

21      Special Commission of Inquiry (Powers and Immunities) Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

         Suspension of Standing Orders

Ms Chapman, without notice, moved - That Standing Orders be so far suspended as to enable her to move an instruction to the Committee 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.

 

         Instruction to the Committee - withdrawn

Ms Chapman advised the House that she would not proceed with the instruction to the Committee.

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 read.

 

Ms Chapman moved, on page 2, line 24, to delete paragraph (a) and substitute:

(a) section 18(3)(c) and (6); and

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

Clause No 4 agreed to.

 

Ms Chapman moved, on page 2, after line 26, to insert a new clause as follows -

4A—Hearings in public or private

The Special Commissioner may obtain evidence and evidentiary material for the Inquiry by means of hearings conducted in public or private.

Question – That new Clause No 4A be inserted – put and negatived.

Clause No 5 read.

Ms Chapman moved, on page 3, lines 5, 6 and 7, to delete subclause (2).

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

Clause No 5 agreed to.

Clause No 6 agreed to.

 

Ms Chapman moved on page 3, after line 26, to insert a new clause as follows -

6A—Statements by witness not admissible against witness

A statement or disclosure made by a witness in answer to a question put to the witness, or in evidentiary material produced by the witness, for the purposes of the Inquiry will not (except in proceedings for an offence against this Act or for contempt) be admissible in evidence against the witness in any civil or criminal proceedings in any court.

Question – That new Clause No 6A be inserted – put and negatived.

Clause No 7 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.

 

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

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

22      Fire and Emergency Services Bill

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

 

In Committee

Resolved – That Amendment No 1 be agreed to.

The Minister for Health, moved – That consideration of Amendment No 2 be postponed.

Question put and passed.

Resolved – That Amendments Nos 3 to 11 be agreed to.

Resolved – That Amendments Nos 12 and 13 be disagreed to.

Resolved – That Amendments No 14 and 15 be disagreed to and alternative amendments be made in lieu thereof.

Resolved – That Amendments Nos 16 and 17 be disagreed to.

Resolved – That Amendments Nos 18 and 19 be agreed to.

Resolved – That Amendment No 20 be disagreed to.

Resolved – That Amendments Nos 21 to 23 be agreed to.

Resolved – That Amendment No 24 be disagreed to.

Resolved – That Amendment No 25 be disagreed to and an alternative amendment be made in lieu thereof.

Resolved – That Amendment No 26 be agreed to.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

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

 

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

 

 

23      Message from the Legislative Council

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

 

         Education (Extension) Amendment Bill                                                  Message No 76

MR SPEAKER - The Legislative Council does not insist on its Amendment in the Education (Extension) Amendment Bill to which the House of Assembly has disagreed and has agreed to the Alternative Amendment made by the House of Assembly without any amendment.  The Bill is returned herewith.

         Legislative Council, 5 July 2005                                                      R R Roberts, PRESIDENT

 

24      Adjournment

House adjourned at 11.58 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 6 July 2005 

 

Notices of Motion: Government Business –

 

The Attorney-General to move That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

 

The Attorney-General to move That this House resolves that any Report presented to Her Excellency the Governor by Mr Greg James QC, Royal Commissioner, that is not "sealed" and available for public release, be authorised for publication by this House upon receipt by the Speaker.

 

 

Notice of Motion: Private Members Business Bills/ Committees/ Regulations -

 

Ms White to move That the Twenty Second Report of the Social Development Committee on Multiple Chemical Sensitivity be noted.

 

____________

 

 

Present during the day - All Members except Mr Brokenshire and Mrs Hall.

 

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

 

         Division No 1 -

               Ayes - Mrs Hall, Mr Brokenshire.

               Noes - Hon R J McEwen (Minister for Agriculture, Food and Fisheries), Hon K A Maywald (Minister for the River Murray).

 

         Division No 2 -

               Ayes - Mrs Hall, Mr Brokenshire.

               Noes – The Premier (Hon M D Rann), Ms Ciccarello.

 

         Division No 3  -

               Ayes - The Premier, Ms Ciccarello.

               Noes - Mrs Hall, Mr Brokenshire.

 

 

 

 

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY