No. 68

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                              TUESDAY 25 JULY 1995

 

 

 1         Meeting of House

                  The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

2         Conference - Industrial and Employee Relations (Miscellaneous Provisions) Amendment  Bill

                  The Minister for Industrial Affairs (Hon. G.A. Ingerson) reported - That the Managers have been at the Conference on the Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill, which was managed on the part of the Legislative Council by the Attorney-General (Hon. K.T. Griffin), Hon. T.G. Cameron, Hon. M.J. Elliott, Hon. A.J. Redford and Hon. T.G. Roberts and we there delivered the Bill, together with the resolution adopted by this House.

                  Thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that the following resolutions be adopted.

 

                  As to amendment No. 1

                  That the Legislative Council does not further insist on its amendment but makes the following amendments in lieu thereof:

                  Clause 4, page 2, lines 3 to 24—Leave out proposed new section 75 and insert new section as follows:

            75.    Who may make enterprise agreement (1) An enterprise agreement may be made between—

                  (a)     an employer (or two or more employers who together carry on a single business); and

                  (b)     a group of employees.

                  (2)     An association may enter into an enterprise agreement on behalf of a group of employees if the association is authorised, after notice has been given as required by regulation, by a majority of the employees constituting the group to negotiate the enterprise agreement on behalf of the group.

                  (3)     A member of an association is taken to have given the association an authorisation for the purposes of subsection (2) for as long as the member remains a member of the association unless the member, by written notice given to the association, withdraws the authorisation.

                  (4)     An authorisation given to an association by an employee who is not a member of the association—

                              (a)     cannot be given generally but must be specifically related to a particular proposal for an enterprise agreement; and

                              (b)     remains in force (subject to revocation by written notice given to the association) until the relevant enterprise agreement is rescinded or superseded.


                  (5)     If—

                              (a)     an employer proposes to have an enterprise agreement with a group of employees who are yet to be employed by the employer; and

                              (b)     the employees—

                                          (i)      are of a class not currently, or formerly, employed by the employer or a related employer in South Australia; or

                                          (ii)    are to be engaged in operations of a kind that are not currently, and have not been formerly, carried on by the employer or a related employer in South Australia,

                                                      the employer may enter, on a provisional basis, into an enterprise agreement binding on the employees who become members of the group (a "provisional enterprise agreement") with the Employee Ombudsman or a registered association of employees (or both).

                  (6)     If the Employee Ombudsman intends to enter into negotiations for a provisional enterprise agreement and no registered association of employees is to be a party to the agreement, the Employee Ombudsman must give the United Trades and Labor Council at least 14 days written notice of the intention to enter into those negotiations.

                  (7)      A notice under subsection (6) must include details of the group of employees to which the agreement is to apply.

                  (8)     The Employee Ombudsman enters into a provisional enterprise agreement under this section only in a representative capacity and the agreement may not impose obligations on the Employee Ombudsman personally.

                  (9)     A person who becomes, or ceases to be, a member of a group of employees defined in an enterprise agreement as the group bound by the agreement, becomes or ceases to be bound by the enterprise agreement (without further formality).

 

                  And that the House of Assembly agrees thereto.

 

                  That the Legislative Council makes the following consequential amendment to the Bill:

                  Clause 6, page 3, after line 25—Insert new subsection as follows:

                  (7A)  If—

                                          (a)     the Employee Ombudsman enters into a provisional enterprise agreement; and

                                          (b)     no registered association is a party to the agreement,

                                          the United Trades and Labor Council may (despite any other provision of this Act) intervene in proceedings before the Commission relating to the approval of the agreement if the Commission is satisfied that the United Trades and Labor Council has a proper interest in the matter.

 

                  And that the House of Assembly agree thereto.

 

                  As to amendment No. 4

                  That the Legislative Council does not further insist on its amendment but makes the following amendments in lieu thereof:

                  Clause 6, page 3, lines 26 to 30—Leave out subsection (8) and insert the following subsection:

                  (8)     If the Commission is of the opinion that grounds may exist for withholding approval of an enterprise agreement but—

                              (a)     an undertaking is given to the Commission by one or more of the persons who are to be bound by the agreement (or by a duly authorised representative on their behalf) about how the agreement is to be interpreted or applied; and

                              (b)     the Commission is satisfied that the undertaking adequately deals with the aspects of the agreement that might otherwise lead the Commission to withhold its approval,

                              the Commission may incorporate the undertaking as part of the agreement, or amend the agreement to conform with the undertaking, and approve the agreement in its modified form.


                  New clause, page 3, after line 34—Insert new clause as follows:

                  6A. Amendment of s. 84—Power of Commission to vary or rescind an enterprise agreement Section 84 of the principal Act is amended by inserting after subsection (4) the following subsection:

                  (5)     If the Commission is satisfied, after giving persons bound by an enterprise agreement an opportunity to be heard, that there has been a breach of an undertaking on the basis of which the agreement was approved, the Commission may—

                              (a)     vary the agreement so that it conforms with the undertaking; or

                              (b)     rescind the agreement.

 

                  And that the House of Assembly agrees thereto.

 

                  As to amendment No. 6

                  That the Legislative Council amends its amendment by striking out from proposed new subsection (4) "contract or undertaking" and substituting "provision of a contract, or an undertaking,".

 

                  And that the House of Assembly agrees thereto.

 

                  As to amendment No. 10

                  That the Legislative Council does not further insist on this amendment but makes the following amendment in lieu thereof:

                  Clause 12, page 5, after line 18—Insert subsection as follows:

                  (2)     However, this section does not apply to references to an industrial agreement in the Long Service Leave Act 1987 or a statutory instrument under that Act.

 

                  And that the House of Assembly agrees thereto.

                                                                                                                                                      

3         Petitions Nos 260 to 265

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

 

                  260  Minister for Mines and Energy (Hon. D.S. Baker), from 40 residents of South Australia, requesting that the House maintain the present homicide law, which excludes euthanasia, while maintaining the common law right of patients to refuse medical treatment.

 

                  261   Minister for Emergency Services (Hon. W.A. Matthew), from 2 069 residents of South Australia, requesting that the House urge the Government to install traffic lights at the intersection of Lonsdale Road and Ramrod Avenue, Hallett Cove.

 

                  262  Leader of the Opposition (Hon. M.D. Rann), from 9 residents of South Australia, requesting that the House oppose any measure to legislate for voluntary euthanasia.

 

                  263 to 265 Mr Bass, Hon. F.T. Blevins and Mrs Penfold, from 83 residents of South Australia, requesting that the House uphold and strengthen existing laws relating to prostitution.

 

4         Answers to questions

                  Answers to questions on the Notice Paper Nos 233, 241, 242, 246 and 247 were tabled by the Speaker.

 

5         Papers

                  The following Papers were tabled:

 

                  By the Minister for Industrial Affairs (Hon. G.A. Ingerson)

                              Industrial and Employee Relations Act - Industrial Relations Court Rules - Industrial Proceedings

 

                  By the Minister for Health (Hon. M.H. Armitage)

                              Commissioners of Charitable Funds - Report and Statement of Accounts, 1993-94


                  By the Minister for Housing, Urban Development and Local Government Relations                            (Hon. J.K.G. Oswald)                       

                              Development Act - Regulations - Various

                              Reform of Local Government in South Australia: Councils of the Future - Ministerial Advisory           Group on Local Government Reform, June 1995.

 

6         Economic and Finance Committee - Report - Annual Report, 1994-95

                  Mr Becker brought up the Sixteenth Report of the Committee.

                  Report received.

                  Ordered to be printed (Paper No. 211).

 

7          Questions

                  Questions without notice were asked.

                  Ordered - That the period for asking questions without notice be extended by one minute.

                  Questions without notice resumed.

 

8         Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

9         Messages from the Legislative Council

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

 

            South Australian Health Services Bill                                                                                                        Message No. 156

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the administration of health services in the State; to repeal the South Australian Health Commission Act 1976; 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, 20 July 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

 

                  No. 1             Page 1, lines 18 to 22 (clause 3) - Leave out paragraphs (a) to (d)  and insert new paragraphs as follows:-

                                          “(a)   recognises that health is not merely the absence of disease but is a state of complete physical, mental and social wellbeing; and

                                          (b)     establishes a proper basis for promotion of a healthy lifestyle and continuing improvement in the health of the people of the State; and

                                          (c)     is directed at achieving the highest standard of care; and

                                          (d)     delivers health services in accordance with principles of social justice and equity so that high quality services are accessible to all persons; and

                                          (e)     is responsive to community needs by allowing for community participation in the planning and development of health services; and

                                          (f)      develops policies and allocates resources on the basis of properly identified community needs; and

                                          (g)     provides for the development of accountable and efficient management structures and integrated health services; and

                                          (h)     allows for flexibility and innovation.”

                  No. 2            Page 1, line 24 (clause 4) - Leave out “to be observed by” and insert “binding on”.


                  No. 3            Page 4 - After line 2 insert new Division as follows:-

DIVISION 1 - THE MINISTER

                            5A. Functions of the Minister The Minister is responsible for -

                                          (a)     planning the proper development, consistent with the objects of this Act, of the publicly funded health system; and

                                          (b)     ensuring proper distribution and co-ordination of health services to achieve the best possible return from the resources available for health services; and

                                          (c)     supervising the administration of this Act.

                            5B. Delegation (1) The Minister may delegate powers or functions (other than the power under section 9 to approve a statement, or revised statement, of policies, strategies and guidelines) to the Chief Executive.

                                          (2)                 A delegation -

                                                                  (a)     is revocable at will; and

                                                                  (b)     does not prevent the Minister from acting personally in a matter.

DIVISION 2 - HEALTH ADVISORY PANELS

                            5C. Panels (1) The Minister must establish health advisory panels to provide the Minister and the Chief Executive with community and health profession views on the allocation of resources for health services within the regions in respect of which the panels are established.

                                          (2)                 A number of health advisory panels must be established for the metropolitan area of Adelaide and for the various rural areas of the State.

                                          (3)                 The membership, terms and conditions of membership and procedures of a health advisory panel will be determined by the Minister.

                                          (4)                 However, the membership of a health advisory panel must consist of -

                                                                  (a)     a number of persons who are involved in the delivery of health services within the panel’s region; and

                                                                  (b)     a number (being not less than 50 percent of the total membership) of persons who reside within the panel’s region and are not involved in the delivery of health services.

                                          (5)                 A health advisory panel should be representative of the various health services within its region (for example, hospital services, community health services, women’s health services and mental health services).

                                          (6)                 In allocating resources for health services, the Minister and the Chief Executive must have regard to the views expressed by health advisory panels.”

                  No. 4            Page 4, lines 5 and 6 (clause 6) - Leave out “responsible, subject to the control and direction by the Minister, for the administration of this Act” and insert “subject to direction and control by the Minister in carrying out his or her functions under this Act.”

                  No. 5            Page 4, line 12  (clause 7) - Leave out “establish” and insert “prepare, for the Minister’s approval,”.

                  No. 6            Page 4, line 18 (clause 7) - Leave out “medicine” and insert “health strategies”.

                  No. 7             Page 4, line 27 (clause 7) - Leave out paragraph (i).

                  No. 8            Page 4 (clause 7) - After line 33 insert new paragraph as follows:-

                                          “(la)             to provide the Minister, for dissemination to incorporated service units and other relevant bodies or persons, with monthly reports on the financial activity, service delivery, surgical waiting list movements and workforce statistics during the month in respect of each incorporated service unit; and”.

                  No. 9            Page 4 (clause 7) - After line 37 insert new subclause as follows:-

                                          “(2)   Particulars of the assignment of functions to the Chief Executive by the Minister must be included in the Department’s annual report.1.

                                                                                    1.See s.8 of the Government Management and Employment Act 1985.

                  No.10          Page 5 (clause 9) - After line 30 insert new subclauses as follow:-

                                          “(5) The Minister must cause an approved (or revised) statement of policies, strategies and a list of the guidelines to be pushed in the Gazette  and laid before both Houses of Parliament as soon as practicable after it is approved.


                                          (6)                 The Department’s annual report must include the approved statement of policies, strategies and a list of the guidelines as in force at the end of the financial year to which the annual report relates.”

                  No.11           Page 5, line 32 (clause 10) - After “may” insert “, with the approval of the Minister,”.

                  No.12          Page 7, lines 6 and 7 (clause 12) - Leave out subclause (2) and insert new subclause as follows:-

                                          “(2)   Before the Governor establishes an incorporated service unit -

                                                                  (a)     the Chief Executive must -

                                                                              (i)      invite representations on the proposal from interested members of the public by notice published in a newspaper circulating in the area in which the incorporated service unit is to be established; and

                                                                              (ii)    consider representations from members of the community made in response to the invitation within a reasonable time (which must be at least 90 days) specified in the notice; and

                                                                              (iii)  report to the Minister on the representations made by members of the community; and

                                                                  (b)     the Minister must (having regard to the representations from members of the community and other relevant matters) approve a constitution for the incorporated service unit.”

                  No.13          Page 7 (clause 14) - After line 26 insert new subclauses as follow:-

                                          “(2)   A proclamation designating an incorporated service unit as a regional service unit must provide for the composition of the unit’s board of directors and for the appointment or election of persons to the board.

                                          (3)                 Before a proclamation is made under this section, the Chief Executive must -

                                                                  (a)     invite representations on the proposal from incorporated service units in the proposed region by written notice given to each of those incorporated service units; and

                                                                  (b)     invite representations on the proposal from  interested members of the public by public notice published in a newspaper circulating in the area in which the regional service unit is to be established; and

                                                                  (c)     consider representations made in response to the invitations within a reasonable time (which must be at least 90 days) allowed in the respective notices; and

                                                                  (d)     report to the Minister on the representations.

                                          (4)                 A proclamation under this section -

                                                                  (a)     is a statutory instrument that must be laid before Parliament and is subject to disallowance in the same way as a regulation; and

                                                                  (b)     cannot come into operation until the period for disallowance has elapsed.”

                  No.14          Page 8 (clause 16) - After line 12 insert new subclause as follows:-

                                          “(1a)            Before an incorporated service unit asks for transfer of its functions to a regional service unit, it must -

                                                                  (a)     invite representations on the proposal from interested members of the public by notice published in a newspaper circulating in the area in which the incorporated service unit was established; and

                                                                  (b)     consider representations from members of the community made in response to the invitation within a reasonable time (which must be at least 90 days) specified in the notice; and

                                                                  (c)     report to the Minister on the representations made by members of the community.”

                  No.15          Page 8, lines 13 to 20 (clause 16) - Leave out subclause (2) and insert new subclauses as follow:-

                                          “(2)   If the Governor assigns the functions of an incorporated service unit to a regional service unit, the Governor must by the same or a later proclamation dissolve the incorporated service unit and vest its property in the regional service unit.


                                          (2a) However, if any real property of the incorporated service unit is, in the Governor’s opinion, subject to a charitable trust, the Governor must, by proclamation, establish a board of trustees (comprised of persons from the community served by the former incorporated service unit) and vest that real property in the board of trustees.”

                  No.16          Page 8, line 24 (clause 16) - Leave out “If” and insert “However, if”.

                  No.17           Page 8, lines 25 and 26 (clause 16) - Leave out “and all other rights and liabilities of the former incorporated service unit vest in the regional service unit”.

                  No.18          Page 9 (clause 17) - After line 2 insert new subclause as follows:-

                                          “(3a)           Meetings of a board of trustees must be open to the public.”

                  No.19          Page 9 (clause 18) - After line 9 insert new subclause as follows:-

                                          “(2)   A board of trustees must not sell, transfer, lease or otherwise dispose of any real property that is used, or set apart for use, for the provision of health services except on a resolution of the board in which at least two-thirds of all the trustees concur.”

                  No.20         Page 9, lines 14 to 16 (clause 19) - Leave out subclause (2) and insert new subclause as follows:-

                                          “(2)   Before the Governor amalgamates two or more incorporated service units, the Minister must -

                                                                  (a)     ensure that each incorporated service unit affected by the amalgamation consents to the amalgamation; and

                                                                  (b)     approve a constitution under which the incorporated service unit formed by the amalgamation is to be administered.”

                  No.21          Page 9, line 27 (Heading) - Leave out “CHIEF EXECUTIVE’S” and insert “MINISTER’S”.

                  No.22         Page 9, line 29 (clause 21) - Leave out “Chief Executive” and insert “Minister”.

                  No.23         Page 9, lines 30 to 35 and page 10, lines 1 to 13 (clause 21) - Leave out subclause (2) and insert new subclauses as follow:

                                          “(2)   A direction cannot be given -

                                                                  (a)     so as to affect clinical decisions relating to the treatment of any particular patient; or

                                                                  (b)     for the transfer of the chief executive officer of an incorporated service unit to another incorporated service unit.

                                          (2a) A direction cannot be given so as to reduce an incorporated service unit’s capacity to meet its health service delivery objectives under its constitution.”

                  No 24         Page 10, line 14 (clause 21) - After “writing” insert “and must be published in the Gazette”.

                  No.25         Page 10 (clause 21) - After line 14 insert new subclauses as follow:-

                                          “(4)   Particulars of directions given under this section to an incorporated service unit must be included in the unit’s annual report.

                                           (5)                Particulars of directions given under this section must be included in the relevant annual report of the Department.”

                  No.26         Page 10, line 18 (clause 22) - After “approved constitution” insert “or, in the case of an incorporated service unit that is a regional service unit, in accordance with the proclamation under which the regional service unit was established”.

                  No.27          Page 10 (clause 22) - After line 18 insert new subclause as follows:-

                                          “(1a)            The membership of a board of directors must include -

                                                                  (a)     persons representative of the clinical staff, and others representative of the non-medical staff, of the incorporated service unit; and

                                                                  (b)     persons representative of the community and any special interest groups served by the incorporated service unit; and

                                                                  (c)     persons who have expertise in financial management or management generally.”

                  No.28         Page 10, line 26 (clause 23) - Leave out paragraph (b)  and insert new paragraph as follows:-

                                          “(b)   an agreement between the board and the Minister.”

                  No.29         Page 10 (clause 23) - After line 26 insert new subclauses as follow:-

                                          “(1a)            The Minister must enter into an agreement of the kind referred to in subsection (1)(b) with the board of each incorporated service unit.


                                          (1b)  Before entering into such an agreement, the Minister must ensure adequate consultation has taken place with health consumers and providers.

                                          (1c)   An agreement may, for example, make provision for -

                                                                  (a)     the range, level or distribution of services to be provided by an incorporated service unit;

                                                                  (b)     the resources to be made available to the unit’s board of directors.

                                          (1d)  An agreement will be for a period of one year or such longer period as the parties may agree.

                                          (1e)  If either party to an agreement becomes aware of any circumstances likely to affect its ability to meet its obligations under the agreement -

                                                                  (a)     that party must inform the other in writing of the fact; and

                                                                  (b)     the other party must respond in writing within 6 weeks; and

                                                                  (c)     if appropriate, the parties may vary the agreement.”

                  No.30         Page 10, line 27 (clause 23) - Leave out “any agreement of the kind referred to in subsection (l)(b)” and insert “such an agreement”.

                  No.31          Page 10 (clause 23) - After line 28 insert new subclause as follows:-

                                          “(2a)           An incorporated service unit must make a copy of any agreement of the kind referred to in subsection (1)(b) available for inspection by members of the public during the hours that the unit is normally open for business (or, in the case of a hospital, during the hours that the hospital’s administrative office is open for business).”

                  No.32         Page 10, line 30 (clause 23) - Leave out “Chief Executive” and insert “Minister”.

                  No.33         Page 10, line 34 (clause 24) - Leave out “government” and insert “its”.

                  No.34         Page 11, line 2 (clause 24) - Leave out paragraph (a)  and insert new paragraphs as follow:-

                                          “(a)   the incorporated service unit provides high quality health care to members of the public; and

                                          (ab) deficiencies in the provision of health care are reported to the Chief Executive; and

                                          (ac)  appropriate strategic and business plans and targets are adopted following consultation with the community; and”.

                  No.35         Page 11, line 14 (clause 26) - Leave out “Imprisonment for 4 years or a fine of $15 000 (or both)” and insert “Division 4 imprisonment or a division 4 fine (or both)”.

                  No.36         Page 11, line 26 (clause 26) - Leave out “$15 000” and insert “Division 4 fine”.

                  No.37          Page 11 (clause 26) - After line 26 insert new subclause as follows:-

                                          “(5)   It is a defence to a charge of an offence under this section to prove that the conduct alleged to constitute the offence resulted from a direction by the Minister.”

                  No.38         Page 11, line 34 (clause 27) - Leave out “$15 000” and insert “Division 4 fine”.

                  No.39         Page 12, line 4 (clause 27) - After “board” insert “and in the incorporated service unit’s annual report”.

                  No.40         Page 12, line 19 (clause 30) - Leave out all words in this line after “The” and insert “regulations may prescribe fees to be paid to directors of a specified class”.

                  No.41          Page 12 (clause 31) - After line 25 insert new subclause as follows:-

                                          “(2)   The Governor cannot remove a director from office under subsection (1)(c) except on the request of a majority of all the directors.”

                  No.42         Page 13 (clause 32) - After line 2 insert new subclause as follows:-

                                          “(5)   The chief executive officer cannot be dismissed except with the approval of a majority of all the directors of the board.”

                  No.43         Page 13, line 5 (clause 33) - After “Chief Executive” insert “and the Commissioner for Public Employment”.

                  No.44         Page 13, line 33 (clause 35) - Leave out “$500” and insert “a division 9 fine”.

                  No.45         Page 14, line 3 (clause 35) - Leave out subclause (4).


                  No.46         Page 14 (clause 37) - After line 18 insert new subclause as follows:-

                                          “(1a)            If, while enforcing or purporting to enforce a by-law, an authorised person, or a person assisting an authorised person -

                                                                  (a)     uses offensive language; or

                                                                  (b)     without lawful authority -

                                                                              (i)      hinders or obstructs another; or

                                                                              (ii)    uses, or threatens to use, force against another,

                                                                  the authorised person is guilty of an offence.

                                                                  Maximum penalty: $4 000.”

                  No.47          Page 14 (clause 39) - After line 34 insert new subclause as follows:-

                                          “(3)   However, a public patient is not liable to fees.”

                  No.48         Page 15, lines 1 and 2 (clause 40) - Leave out paragraph (b).

                  No.49         Page 15, line 27 (clause 44) - Leave out paragraph (a)  and insert new paragraphs as follow:-

                                          “(a)   particulars of the services provided by the service unit during the year, and of the services proposed to be provided during the next financial year, including particulars of the volume, scope and standard of those services; and

                                          (ab) particulars of changes that were made during the year, and of changes proposed to be made during the next financial year, to the services provided by the unit; and

                                          (ac)  particulars of building work undertaken and equipment acquired during the year, and of building work and equipment proposed to be undertaken or acquired during the next financial year; and

                                          (ad) particulars of any limits or controls placed on expenditure during the year; and

                                          (ae) particulars of any management contracts entered into during the year; and

                                          (af)               particulars of any grants, subsidies or other financial assistance given during the year, or proposed to be given during the next financial year, by the unit out of money received by the unit for the provision of health services; and

                                          (ag) particulars of the organisation, management and staffing levels obtaining during the year and proposed for the next financial year; and

                                          (ah) particulars of any action taken during the year and proposed for the next financial year for better ensuring -

                                                                  (i)      the quality of the services provided by the unit; and

                                                                  (ii)    the provision of appropriate services that take into account the special needs of persons of ethnic or other minority groups; and

                                                                  (iii)  the welfare of the staff of the unit; and

                                          (ai)               particulars of complaints relating to the provision of services by the unit received, handled or resolved during the year and of proposals for improvements in the mechanisms for handling and resolving complaints; and”.

                  No.50         Page 15 (clause 44) - After line 30 insert new subclauses as follow:-

                                          “(3)   The Minister must, as soon as practicable after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

                                          (4)                 An incorporated service unit must make a copy of its annual report available for inspection by members of the public during the hours that the unit is normally open for business (or, in the case of a hospital, during the hours that the hospital’s administrative office is open for business).”

                  No.51          Page 15 - After line 30 insert new Division as follows:-

‘DIVISION 10A - ACCOUNTABILITY OF PRIVATE CONTRACTORS

                            44A. Private contractors must furnish reports (1) If the board of an incorporated service unit has entered into an agreement with a person (a “private contractor”) under which the private contractor manages the whole or a part of the undertaking of the incorporated service unit or provides health services on behalf of the unit, the private contractor must report to the board on or before 31 August in each year on the contractor’s operations under the agreement during the financial year ending on the preceding 30 June.

                                          Maximum penalty: $10 000.


                                          (2)                 The report must include -

                                                                  (a)     a statement of accounts audited by a registered company auditor showing the private contractor’s income and expenditure in relation to those operations during the year; and

                                                                  (b)     any other information required by the regulations.

                                          (3)                 A board must, as soon as practicable after receiving a report under this section, forward a copy of the report to the Minister.

                                          (4)                 The Minister must, as soon as practicable after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

                                          (5)                 An incorporated service unit must make a copy of a report received under this section available for  inspection by members of the public during the hours that the unit is normally open for business (or, in the case of a hospital, during the hours that the hospital’s administrative office is open for business).

                                          (6)                 A private contractor’s operations under such an agreement are, by virtue of this subsection, referred to the Social Development Committee of the Parliament.

                                          (7)                  The Social Development Committee must report to both Houses of Parliament not less frequently than once in every 12 months on the matter.’

                  No.52         Page 16, line 3 (clause 45) - After “Chief Executive” insert “(which must, however, have been published in the Gazette  at least 7 days before the members of the board are removed)”.

                  No.53         Page 16 (clause 45) - After line 14 insert new subclause as follows:-

                                          “(4)   As soon as practicable after the members of a board are removed under this section, the Minister must lay a statement of the reasons for the removal before both Houses of Parliament.”

                  No.54         Page 16 (clause 46) - After line 19 insert new subclauses as follow:-

                                          “(1a)            Before the Governor dissolves an incorporated service unit the Chief Executive must -

                                                                  (i)      invite representations on the proposal from interested members of the public by notice published in a newspaper circulating in the area in which the incorporated service unit was established; and

                                                                  (ii)    consider representations from members of the community made in response to the invitation within a reasonable time (which must be at least 90 days) specified in the notice; and

                                                                  (iii)  report to the Minister on the representations made by members of the community.

                                          (1b)  A proclamation under this section is a statutory instrument that must be laid before Parliament and is subject to disallowance in the same way as a regulation.”

                  No.55         Page 16, line 20 (clause 46) - After “service unit” insert “or board of trustees”.

                  No.56         Page 16, line 25 (clause 46) - After “a” insert “local government”.

                  No.57          Page 17, line 5 (clause 47) - Leave out “$60 000” and insert “Division 1 fine”.

                  No.58         Page 18, line 12 (clause 50) - Leave out “$60 000” and insert “Division 1 fine”.

                  No.59         Page 19 (clause 54) - After line 10 insert the following:-

                                          “Maximum penalty: Division 6 fine.”

                  No.60         Page 19 - After line 23 insert new Parts as follow:-

‘PART 4A - HEALTH SERVICE UNITS RECEIVING STATE

GOVERNMENT FUNDING

 

                            55A. Reporting obligations (1) A health service unit that is not incorporated under this Act must report to the Minister on or before 31 August in each year on the expenditure by the unit during the financial year ending on the preceding 30 June of any funds provided or allocated by the Government of this State.

                                          (2)                 The report must include -

                                                                  (a)     particulars of the purposes for which the funds were expended; and

                                                                  (b)     particulars of the volume, scope and standard of services subsidised by the funds; and


                                                                  (c)     particulars of the organisation, management and staffing levels of the service unit; and

                                                                  (d)     particulars of any complaints received during the year by the unit about its services; and

                                                                  (e)     if the amount of those funds equalled or exceeded $250 000, a statement of accounts audited by a registered company auditor showing the service unit’s total income and expenditure for the financial year and its assets and liabilities as at the end of the financial year; and

                                                                  (f)      any other information required by the regulations.

                                          (3)                 The Minister must, as soon as practicable after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

PART 4B - CONSUMER COMPLAINTS AGAINST PUBLIC AND

PRIVATE HEALTH SERVICE UNITS

                            55B. Minister must establish system for dealing with complaints (1)The Minister must establish a system for receiving, inquiring into and dealing with complaints from persons to whom services are provided by health service units, whether public or private.

                                          (2)                 The Minister must ensure that the system -

                                                                  (a)     is fair, efficient and accessible; and

                                                                  (b)     allows for the resolution of complaints by conciliation; and

                                                                  (c)     is sensitive to the differing needs of complainants; and

                                                                  (d)     is properly promoted.

                                          (3)                 The Minister must ensure that a complaints data base is established and maintained so that problem areas in the delivery of health services can be identified.

                                          (4)                 The Minister must cause a report to be furnished to him or her at 6 monthly intervals on complaints received, inquired into or dealt with under the complaints system but such a report must not identify the complainants.

                                          (5)                 The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.’

                  No.61          Page 20 - After line 3 insert new clause as follows:-

                            55C. “Limitation on invasion of privacy A person engaged in duties related to the administration of this Act or the provision of health services must not require the disclosure of personal information about a patient unless there are reasonable grounds for requiring disclosure of the information.

                                          Maximum penalty: $8 000.”

                  No.62         Page 20, line 12 (clause 56) - Leave out “$8 000” and insert “Division 5 fine”.

                  No.63         Page 20, line 32 (clause 57) - Leave out “$8 000” and insert “Division 5 fine”.

                  No.64         Page 21, line 28 (clause 59) - Leave out “$500” and insert “Division 9 fine”.

                  No.65         Page 22, line 19 (clause 61) - Leave out “Relations and Employment”  and insert “and Employee Relations”.

                  No.66         Page 22, line 22 (clause 61) - Leave out “or order” and insert “, order or enterprise agreement”.

                  No.67          Page 22, line 22 (clause 61) - Leave out “Relations and Employment”  and insert “and Employee Relations”.

                  No.68         Page 22, line 24 (clause 61) - Leave out “or order” and insert “, order or agreement”.

                  No.69         Page 22, line 26 (clause 61) - Leave out “Relations and Employment”  and insert “and Employee Relations”.

                  No.70          Page 22 - After line 29 insert new clause as follows:-

                            61A.Recognised organisations (1) The following are recognised organisations for the purposes of this section:

                                                                  (a)     the Australian Liquor, Hospitality and Miscellaneous Workers Union (Miscellaneous Workers Division); and

                                                                  (b)     the Australian Nursing Federation; and

                                                                  (c)     the Public Service Association; and

                                                                  (d)     the South Australian Salaried Medical Officers Association; and

                                                                  (e)     any organisation declared under subsection (2) to be a recognised organisation.


                                          (2)                 The Chief Executive may, by notice in the Gazette, declare any organisation -

                                                                  (a)     that is a registered association within the meaning of the Industrial and Employee Relations Act 1994; and

                                                                  (b)     that in the Chief Executive’s opinion, represents a significant number of officers or employees of incorporated service units,

                                                                  to be a recognised organisation for the purposes of this section.

                                          (3)                 A recognised organisation may make submissions to the Chief Executive and incorporated service units on any matter arising out of or relating to the exercise or performance of their powers or functions under this Act.’

                  No.71           Page 23, line 18 (clause 64) - Leave out “$1 000” and insert “a division 8 fine”.

                  No.72          Page 24, clause 2 (Schedule 1) - After line 7 insert new subclause as follows:-

                                          “(2)   Any enterprise agreement, industrial agreement or award affecting employees of an incorporated hospital or health centre under the former Act continues in force and is binding on the Chief Executive.”

                  No.73          Page 24 (Schedule 1) - After line 13 insert new clause as follows:-

                            4. ‘References to the Commission in other Acts and instruments (1) A reference in an Act or instrument (whether of a legislative nature or not) -

                                                                  (a)     in the case of a reference to the Commission under the former Act, will be taken to be a reference to the Chief Executive;

                                                                  (b)     in the case of a reference to the Chairman or the Chief Executive Officer of the Commission, will be taken to be a reference to the Chief Executive;

                                                                  (c)     in the case of a reference to an officer, an employee or a member of the staff of the Commission, will be taken to be a reference to an employee of the Department.’

                                                                                                                                          J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the Message be taken into consideration on motion.

 

            Misrepresentation (Miscellaneous) Amendment Bill                                                         Message No. 157

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Misrepresentation Act 1972, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 20 July 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

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

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

 

10       Retail Shop Tenancies - Motion for Joint Committee

                  Order of the Day read for the consideration of Message No. 154 from the Legislative Council relating to a Joint Committee on Retail Shop Tenancies.

 

                  The Deputy Premier (Hon. S.J. Baker) moved - That this House concur with the resolution of theLegislative Council contained in Message No. 154 for the appointment of a Joint Committee on Retail Shop Tenancies, that the House of Assembly be represented on the Committee by three Members, of whom two shall form the quorum necessary to be present at all sittings of the Committee; and that the Members of the Joint Committee to represent the House of Assembly be Mr Atkinson and Mr Brokenshire and Mrs Greig.

                  Question put and passed.

 

            Suspension of Standing Orders

                  The Deputy Premier, without notice, moved - That Standing Order No. 339 be so far suspended as to enable the Joint Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence and documents being reported to the Parliament.


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

 

11        Postponement of business

                  Ordered - That Orders of the Day: Government Business Nos 2 and 3 be postponed and taken into consideration after Order of the Day: Government Business No. 4.

 

12       Meat Hygiene (Definition of Meat and Wholesome) 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.

                  By leave, House proceeded to the third reading.

 

                  Bill read a third time and passed.

 

13       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.

 

14       History Trust of South Australia (Leasing of Property) 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

                                                                                                Clauses Nos 1 and 2 agreed to.

                                                                                                Title agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Mr Bass 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.

 

15       Messages from the Legislative Council

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

 

            Petroleum (Safety Net) Amendment Bill                                                                                                  Message No. 158

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Petroleum Act 1940, without any amendment.

                  Legislative Council, 25 July 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

            Parliamentary Superannuation (New Scheme) Amendment Bill                                                Message No. 159

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Parliamentary Superannuation Act 1974, without any amendment.

                  Legislative Council, 25 July 1995                                                                                                                H.P.K. Dunn, PRESIDENT


            Collections for Charitable Purposes (Licensing and Miscellaneous)

                    Amendment Bill                                                                                                                                                                Message No. 160

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Collections for Charitable Purposes Act 1939, without any amendment.

                  Legislative Council, 25 July 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

16       South Australian Health Services Bill

                  Ordered - That the amendments of the Legislative Council in this Bill be now taken into consideration.

 

                                                                                      In Committee

                  Resolved - That the amendments be disagreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Mr Bass reported that the Committee had considered the amendments referred to it and had resolved to disagree to the same.

 

17        Road Traffic (Small-Wheeled Vehicles) 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.

 

18       Messages from the Legislative Council

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

 

            Industrial and Employee Relations (Miscellaneous Provisions)

                    Amendment Bill                                                                                                                                                                Message No. 161

                  MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill has agreed to the same. The Bill is returned herewith.

                  Legislative Council, 25 July 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

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

                 

            South Australian Health Services Bill                                                                                                        Message No. 162

                  MR SPEAKER - The Legislative Council insists on its amendments in the South Australian Health Services Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

                  Legislative Council, 25 July 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

                  Ordered - That the Message be taken into consideration forthwith.

 

                                                                                      In Committee

 

                  Resolved - That the disagreement to the Legislative Council's amendments be insisted on.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Mr Bass reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the Legislative Council's amendments.

                 


            Conference

                  The Deputy Premier moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the South Australian Health Services Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr Caudell, Ms Stevens, Mr Wade, Ms White and the Minister for Health (Hon. M.H. Armitage) be Managers of the Conference on the part of this House.

                  Question put and passed.

 

19       Road Traffic (Small-Wheeled Vehicles) Amendment Bill

                  Debate (interrupted by receipt of the foregoing Messages) resumed.

                  The Deputy Premier moved -  That the debate be further adjourned.

                  Question put.

                  House divided (No. 1):

                 

                                          Ayes, 24.

 

                              Hon. H. Allison

                              Mr Ashenden

                              Mr Bass

                              Mr Becker

                              Mr Brindal

                              Mr Buckby

                              Mr Caudell

                              Mr Condous

                              Mr Evans

                              Mrs Greig

                              Mrs Hall

                              Mr Kerin

                              Mrs Kotz

                              Mr Leggett

                              Mr Lewis

                              Hon. W.A. Matthew

                              Mr Meier

                              Hon. J.K.G. Oswald

                              Mrs Penfold

                              Mr Rossi

                              Hon. R.B. Such

                              Mr Wade

                              Hon. D.C. Wotton

                              Hon. S.J. Baker (Teller)

                              Noes, 11.

 

Hon. F.T. Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)

 

 

 

                  So it was resolved in the affirmative.

                  Ordered, on motion of the Deputy Premier, that the adjourned debate be an Order of the Day for tomorrow.

 

20       Message from the Legislative Council

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

 

            South Australian Health Services Bill -  Conference                                                            Message No. 163

                  MR SPEAKER - The Legislative Council has, in reply to Message No. 172 from the House of Assembly, agreed to grant a Conference on the South Australian Health Services Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 8.30 a.m. on Wednesday, 26 July 1995, to receive the Managers on behalf of the House of Assembly, at the First Floor Committee Room of the Legislative Council.

                  Legislative Council, 25 July 1995                                                                                                                H.P.K. Dunn, PRESIDENT

                 


                  Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

 

21       Adjournment

                  The Deputy Premier moved - That the House do now adjourn.

                  Debate ensued.

                  Question put.

                  House divided (No. 2):

 

                                          Ayes, 24.

 

                              Hon. H. Allison

                              Mr Ashenden

                              Mr Bass

                              Mr Becker

                              Mr Brindal

                              Mr Brokenshire

                              Mr Buckby

                              Mr Caudell

                              Mr Evans

                              Mrs Greig

                              Mrs Hall

                              Mr Kerin

                              Mrs Kotz

                              Mr Leggett

                              Mr Lewis

                              Hon. W.A. Matthew

                              Mr Meier

                              Hon. J.K.G. Oswald

                              Mrs Penfold

                              Mrs Rosenberg

                              Mr Scalzi

                              Mr Wade

                              Hon. D.C. Wotton

                              Hon. S.J. Baker (Teller)

                              Noes, 11.

 

Hon. F.T. Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon. M.D. Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)

 

 

 

                  So it was resolved in the affirmative.

                  House adjourned at 10.17 p.m. until tomorrow at 2.00 p.m.

 

                                                                                                                                  ____________

 

 

                                                                 MOTIONS WHICH NOTICE WAS GIVEN

 

 

                  For Thursday 27 July 1995

                    Notice of Motion Day: Government Business-

 

                  The Minister for Industrial Affairs to move - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986 and to insert further transitional provisions in the Workers Rehabilitation and Compensation (Miscellaneous Provisions) Amendment Act 1995.

 

                    Notices of Motion: Private Members Bills/Committees/Regulations-

 

                  Mr Rann to move - That he have leave to introduce a Bill for an Act to constitute the Great Australian Bight Marine sanctuary; and for other purposes.


                  Mr Lewis to move - That this House refers to the Environment, Resources and Development Committee the establishment of artificial reefs as a method of increasing habitat for enhancing population of any desired marine organism (especially commercial/recreational fish and crustacea species) and any other benefits which might accrue and in particular, to consider -

                              (a)     what evidence there may be of any existing artificial reef (including shipwrecks and scuttled hulls) creating benefits and/or causing any problems;

                              (b)     how long after constructing reefs before any benefit has been or could be obtained; and

                              (c)     what benefit/cost may be obtained depending on -

                                          (i)      the materials which have been/are suitable and/or acceptable for the construction of such reefs and the cost of otherwise disposing of that material (if it has been regarded as waste or nuisance matter);

                                          (ii)    the life expectancy of the reef so created proportional to benefits which may be obtained where life expectancy may vary depending on type of material used;

                                          (iii)  the value of economic growth which such reefs may facilitate through increased availability of fish stocks of any kind; and

                                          (iv)    the cost savings in sand relocation currently undertaken at public expense if such sites on which such reefs are located are believed to be capable of providing a beneficial effect on sand deposition/retention on the Adelaide metropolitan beaches,

                              and make at least an interim report to the House by 30 April 1996.

 

                  Mr Becker to move - That the Sixteenth Report of the Economic and Finance Committee being the Annual Report for the year ended 30 June 1995, be noted.

 

                    Notices of Motion: Other Motions-

 

                  Ms Stevens to move - That this House calls on the Government to allocate sufficient funds from the taxation windfall it has received from poker machines to fund fully the increase in demand for social welfare services and emergency relief that has occurred since their introduction.

 

                  Mrs Kotz to move - That this House commends the Government and the Hotel and Gaming Industry on the funding of $1.5 million in 1994-95 and $2 million in 1995-96 made available to those addicted to gambling and their families and recognises the significant support provided by the industry for this purposes.

 

                                                                                                                                  ____________

 

 

                  Present during the day - All the Members.

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY