No 67

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 1 MAY 2003

 

 

1       Meeting of House

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

 

2       Radioactive Waste Repository Sites in South Australia - Motion re

Hon I F Evans, pursuant to notice, moved - That this House calls on the Federal Leader of the Opposition to explain why the former Keating Government released a paper identifying eight regions in Australia as possible sites for a national low level radioactive waste repository and acknowledging that five of these regions were either totally or partially located in South Australia.

         Debate ensued.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Thursday 15 May.

 

3       Radioactive Waste Storage at Woomera - Motion re

Hon I F Evans, pursuant to notice, moved - This House condemns the former Keating Government for transporting more than two thousand cubic metres of radioactive waste and storing it in an old hangar at Woomera.

         Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 15 May.

 

4       Police Officers - Baxter Detention Centre Protest - Motion re

Mr Brokenshire, pursuant to notice, moved - That this House acknowledges the excellent work of all South Australian Police Officers on duty at the Baxter Detention Centre during the recent Easter protest and condemns all protesters who caused damage to property and who burnt the Australian flag.

         Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 15 May.

 

5       Australian Defence Force – Iraq Conflict - Motion re

Mr Brokenshire, pursuant to notice, moved - That this House congratulates all Australian Defence Force personnel and especially all South Australian personnel, for their excellent work and effort in the Iraq conflict.

         Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 15 May.

 

6       Message from the Legislative Council

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

 

         Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill

Message No 79

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1974 and the Superannuation Act 1988, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 30 April 2003                                                   R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1.  Page 3, line 22 (clause 5) - Leave out “section is” and insert:

sections are

 

No. 2.  Page 4 (clause 5) - After line 15 insert the following:

 

Restriction on publication of court proceedings

               7B. (1) Protected information is information relating to an application under section 7A (including images) that identifies, or may lead to the identification of—

                              (a)    an applicant; or

 

                              (b)    a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the application relates; or

 

                              (c)    a witness in the hearing of the application.

 

                    (2)  A person who publishes protected information is guilty of an offence.

 

                              Maximum penalty: $5 000 or imprisonment for 1 year.

      

                              (3) A person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.

 

                              Maximum penalty: $5 000 or imprisonment for 1 year.

 

                    (4)  This section does not apply to—

                              (a)    the publication or disclosure of material—

                                      (i)      by the District Court or an employee of the Courts Administration Authority (so long as such publication or disclosure is made in connection with the administrative functions of the Court); or

                                      (ii)     for purposes associated with the administration of this Act; or

 

                              (b)    the publication in printed or electronic form of material that—

 

                                      (i)      consists solely or primarily of the reported judgements or decisions of the Court; or

                                      (ii)     is of a technical nature designed primarily for use by legal practitioners.

 

                    (5)  In this section—

                              "newspaper" means a newspaper, journal, magazine or other publication that is published at periodic intervals;

 

                              "publish" means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.

 

No. 3.  Page 4, line 27 (clause 7) - Leave out “section is” and insert:

sections are

 

No. 4.  Page 5 (clause 7) - After line 17 insert the following:

 

Restriction on publication of court proceedings

4B. (1) Protected information is information relating to an application under section 4A (including images) that identifies, or may lead to the identification of—

 

                              (a)    an applicant; or

 

                              (b)    a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the application relates; or

                              (c)    a witness in the hearing of the application.

 

                      (2)  A person who publishes protected information is guilty of an offence.

 

                              Maximum penalty: $5 000 or imprisonment for 1 year.

      

                              (3) A person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.

 

                              Maximum penalty: $5 000 or imprisonment for 1 year.

 

                      (4)  This section does not apply to—

 

                              (a)    the publication or disclosure of material—

                                      (i)      by the District Court or an employee of the Courts Administration Authority (so long as such publication or disclosure is made in connection with the administrative functions of the Court); or

                                      (ii)     for purposes associated with the administration of this Act; or

 

                              (b)    the publication in printed or electronic form of material that—

                                      (i)      consists solely or primarily of the reported judgements or decisions of the Court; or

                                      (ii)     is of a technical nature designed primarily for use by legal practitioners.

 

                      (5)  In this section—

                              "newspaper" means a newspaper, journal, magazine or other publication that is published at periodic intervals;

                              "publish" means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.

 

No. 5.  Page 6, line 2 (clause 10) - Leave out “section is” and insert:

sections are

 

No. 6.  Page 6 (clause 10) - After line 28 insert the following:

 

Restriction on publication of court proceedings

3B. (1) Protected information is information relating to an application under section 3A (including images) that identifies, or may lead to the identification of—

 

                              (a)    an applicant; or

                              (b)    a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the application relates; or

                              (c)    a witness to the hearing of the application.

 

                      (2)  A person who publishes protected information is guilty of an offence.

 

                              Maximum penalty: $5 000 or imprisonment for 1 year.

      

                              (3) A person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.

 

                              Maximum penalty: $5 000 or imprisonment for 1 year.

 

                      (4)  This section does not apply to—

                              (a)    the publication or disclosure of material—

 

                                      (i)      by the District Court or an employee of the Courts Administration Authority (so long as such publication or disclosure is made in connection with the administrative functions of the Court); or

                                      (ii)     for purposes associated with the administration of this Act; or

 

                              (b)    the publication in printed or electronic form of material that—

                                      (i)      consists solely or primarily of the reported judgements or decisions of the Court; or

                                      (ii)     is of a technical nature designed primarily for use by legal practitioners.

 

                      (5)  In this section—

                              "newspaper" means a newspaper, journal, magazine or other publication that is published at periodic intervals;

                              "publish" means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.

 

No. 7.  Page 7, line 4 (clause 12) - Leave out “section is” and insert:

sections are

 

No. 8.  Page 7 (clause 12) - After line 30 insert the following:

 

Restriction on publication of court proceedings

4B. (1) Protected information is information relating to an application under section 4A (including images) that identifies, or may lead to the identification of—

 

                              (a)    an applicant; or

                              (b)    a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the proceedings relate; or

                              (c)    a witness in the hearing of the application.

 

                      (2)  A person who publishes protected information is guilty of an offence.

 

                              Maximum penalty: $5 000 or imprisonment for 1 year.

      

                              (3) A person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.

 

                              Maximum penalty: $5 000 or imprisonment for 1 year.

 

                      (4)  This section does not apply to—

 

                              (a)    the publication or disclosure of material—

                                      (i)      by the District Court or an employee of the Courts Administration Authority (so long as such publication or disclosure is made in connection with the administrative functions of the Court); or

                                      (ii)     for purposes associated with the administration of this Act; or

 

                              (b)    the publication in printed or electronic form of material that—

 

                                      (i)      consists solely or primarily of the reported judgements or decisions of the Court; or

                                      (ii)     is of a technical nature designed primarily for use by legal practitioners.

 

                      (5)  In this section—

                              "newspaper" means a newspaper, journal, magazine or other publication that is published at periodic intervals;

                              "publish" means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.

 

Ordered - That consideration of the amendments be an Order of the Day for Wednesday 14 May.

 

7       Petitions Nos 107 to 109

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

 

107 Ms Breuer, from 3127 residents of the City of Whyalla, requesting the House to urge the Government to provide a financial concession scheme in future Budgets to assist pensioners with electricity and gas charges.

 

108 Mr Brokenshire, from 1278 residents of South Australia, requesting the House to urge the Government to continue to recruit extra police officers, over and above recruitment at attrition, in order to increase police officer numbers.

 

109 Dr McFetridge, from 166 residents of South Australia, requesting the House to support Voluntary Euthanasia legislation which enables terminally ill people, who have been assessed by two doctors and an independent representative appointed by the Government, to be allowed to die.

 

8       Answers to questions

An answer to a question on the Notice Paper No 127 and questions without notice were tabled by the Speaker.

 

9       Speaker's Statement – Comments by Members of Legislative Council

The Speaker stated that abusive comments directed at Members of the House by Members of the Legislative Council are in contravention of established parliamentary practice when such comments are not made in consequence and support of a substantive motion.

 

10      Speaker's Statement – Matter of Privilege

The Speaker made a statement on a matter of privilege raised in a letter to him from the Member for Newland regarding the nature and substance of answers given to the House by the Minister for Recreation and Sport (Hon M J Wright), in relation to the payment of funds to the Adelaide City Council to subsidise swimming sports at the Adelaide Aquatic Centre.  The Speaker advised that Members should make use of Standing Order 141 as it relates to the prompt resolution of quarrels and misunderstandings between Members.

The Speaker indicated that he had considered the matter and would give it precedence.

 

11      Papers

         The following Paper was tabled:

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Adelaide Cemeteries Authority – Report, 2001-2002.

 

12      Questions

Questions without notice were asked.

 

13      Privileges Committee – Motion re

Hon D C Kotz without notice moved – That this House establish a Privileges Committee to investigate the circumstances relevant to answers provided by the Minister for Recreation and Sport relating to the payment of funds to the Adelaide City Council to subsidise swimming sports at the Adelaide Aquatic Centre and whether the Minister has mislead the House by omission through his failure to be open and frank in his answers to the questions put.

Debate ensued.

         Question put.

 

         House divided:

 

           Ayes, 20

 

           Noes, 24

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Hanna

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Hon R G Kerin

Hon J D Lomax-Smith

Hon W A Matthew

Hon R J McEwen

Ms Maywald

Mr O'Brien

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

Hon R B Such

Hon D C Kotz (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

14      Grievance debate

On motion of the Speaker, the House noted grievances.

 

15      Next day of sitting

Ordered, on motion of the Minister for Education and Children’s Services (Hon P L White) - That the House at its rising adjourn until Monday 12 May at 2.00 pm.

 

16      Coroners Bill

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

Debate resumed.

 

17      Extension of time for adjournment

Ordered, on motion of the Attorney-General (Hon M J Atkinson) - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

 

18      Coroners Bill

Debate (interrupted by the foregoing) resumed.

Question put and passed.

 

         Bill read a second time.

 

In Committee

 

Clauses Nos 1 to 19 agreed to.

Clause No 20 amended and agreed to.

Clauses Nos 21 to 25 agreed to.

Clause No 26 amended and agreed to.

Clause No 27 amended and agreed to.

Clauses Nos 28 to 42 agreed to.

Schedule 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 with amendments.

 

Bill read a third time and passed.

 

19      Freedom of Information (Miscellaneous) Amendment Bill

         Order of the Day read for consideration of the amendments of the Legislative Council.

 

In Committee

 

The Minister for Urban Development and Planning (Hon J W Weatherill), moved – That the amendments of the Legislative Council be disagreed to.

Debate ensued.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments of the Legislative Council referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

20      Extension of sitting

Ordered, on motion of the Minister for Urban Development and Planning - That the sitting of the House be extended beyond 6.00pm.

 

21      Freedom of Information (Miscellaneous) Amendment Bill

Ordered - That the further consideration in Committee of the amendments of the Legislative Council be now resumed.

 

In Committee

Resolved – That the amendments of the Legislative Council be disagreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had further considered the amendments of the Legislative Council and had disagreed to the same.

 

22      Adjournment

House adjourned at 6.10 pm until Monday 12 May at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 14 May 2003

 

Notice of Motion: Private Members Bills/Committees/Regulations

 

Mr Brokenshire to move – That he have leave to introduce a Bill for an Act to amend the Country Fires Act 1989 and the South Australian Metropolitan Fire Service Act 1936.

 

            For Thursday 15 May 2003

 

Notice of Motion: Other Motions

 

Mr Hamilton-Smith to move – That this House calls on the Government to –

(a)           reveal and abandon its plan to sell the Southern Cross Replica gifted to the people of South Australia by the Commonwealth and now owned by the South Australian Government;

(b)           immediately release the $190,000 insurance payout held by the Government through Arts SA to enable repair to the damaged  aircraft;

(c)           develop a strategy to retain the Replica in South Australia as a flying testament to this State’s part in the achievements of Sir Charles Kingsford Smith, and as a tourism and major events asset to the State; and

(d)           desist from any effort to silence or intimidate volunteers who support the Replica from making statements or taking action to protect the aircraft from sale and to seek its repair to air  worthiness.

 

____________

 

 

Present during the day - All Members except Mr Koutsantonis.

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division -

               Ayes - Dr McFetridge

               Noes - Mr Koutsantonis.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY