No 69

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 13 SEPTEMBER 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2       Conference – Statutes Amendment and Repeal (Aggravated Offences) Bill

The Deputy Premier (Hon K O Foley), moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Statutes Amendment and Repeal (Aggravated Offences) Bill.

Question put and passed.

 

3        Messages from the Governor

         The following Messages from the Governor were received and read:

 

         Assent to Bills                                                                                         Message No 26

The Governor 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. 29 of 2005                  An Act to amend The Flinders University of South Australia Act 1966; the University of Adelaide Act 1971; and the University of South Australia Act 1990.

No. 30 of 2005                  An Act to protect the health and safety of the public by providing for the registration of chiropractors, osteopaths, chiropractic students and osteopathy students; to regulate the provision of chiropractic and osteopathy for the purpose of maintaining high standards of competence and conduct by those who provide it; to repeal the Chiropractors Act 1991; and for other purposes.

No. 31 of 2005                  An Act to amend the Criminal Law (Sentencing) Act 1988 and the Criminal Law Consolidation Act 1935.

No. 32 of 2005                  An Act to amend the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001.

No. 33 of 2005                  An Act to amend the Ambulance Services Act 1992.

No. 34 of 2005                  An Act to amend the Education Act 1972.

No. 35 of 2005                  An Act to amend the City of Adelaide Act 1998; the Local Government Act 1999 and the Local Government (Elections) Act 1999.

No. 36 of 2005                  An Act to amend the Trustee Companies Act 1988.

No. 37 of 2005                  An Act for the appropriation of money from the Consolidation Account for the year ending on 30 June 2006 and for other purposes.

No. 38 of 2005                  An Act to amend the Heritage Act 1993.

No. 39 of 2005                  An Act to amend the Heritage Act 1993 and to make related amendments to the Development Act 1993, the History Trust of South Australia Act 1981 and the Valuation of Land Act 1971.

No. 40 of 2005                  An Act to establish the South Australian Fire and Emergency Services Commission; to provide for the continuation of a metropolitan fire and emergency service, a country fire and emergency service, and a State emergency service; to provide for the prevention, control and suppression of fires and for the handling of certain emergency situations; to make related amendments to other Acts; to repeal the Country Fires Act 1989, the South Australian Metropolitan Fire Services Act 1936 and the State Emergency Services Act 1987; and for other purposes.

No. 41 of 2005                  An Act to amend the Occupational Health, Safety and Welfare Act 1986 and to make a related amendments to the WorkCover Corporation Act 1994 and the Workers Rehabilitation and Compensation Act 1986.

No. 42 of 2005                  An Act to provide for the South Australian Citrus Industry Development Board and for the administration by the Board of a fund for citrus industry purposes; to repeal the Citrus Industry Act 1991; and for other purposes.

No. 43 of 2005                  An Act to amend the Parliamentary Superannuation Act 1974 and to make related amendments to the Parliamentary Remuneration Act 1990.

            Government House, 13 September 2005              M Jackson-Nelson, GOVERNOR

 

Public Finance and Audit (Refund of Small Amounts) Amendment Bill – Recommending                                                                                                           Message No 27

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Public Finance and Audit (Refund of Small Amounts) Amendment Bill 2005.

Government House, 13 September 2004                             M Jackson-Nelson, GOVERNOR

 

4        Death of Dame Nancy Buttfield DBE

The Premier (Hon M D Rann), by leave, moved - That the House of Assembly expresses its deep regret at the death of Dame Nancy Buttfield DBE, first women Senator for South Australia and respected community leader; and places on record its appreciation of her distinguished service; and as a mark of respect to her memory, the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition (Hon R G Kerin), the Minister for Health (Hon L Stevens), Mrs Hall, Ms Rankine, Mr Brindal, Mr Rau, Ms Chapman, the Minister for Employment, Training and Further Education (Hon S W Key), Hon P L White, the Minister for Education and Children’s Services (Hon J D Lomax-Smith), Ms Ciccarello, Ms Breuer and the Speaker:

Motion carried in silence; Members rising in their places.

 

5       Suspension and resumption of sitting

         At 3.18 pm the sitting of the House was suspended.

         At 3.27 pm the Speaker resumed the Chair.

 

6       Speaker's Statement – Matter of Privilege

The Speaker stated that with respect to the matter of privilege raised by Mr Brindal yesterday, he would not give precedence to a motion on the matter as it cannot genuinely be regarded as tending to impede or obstruct the House in the discharge of its duties.

 

7       Papers

         The Speaker laid on the table the following paper:

 

      House of Assembly Members Annual Travel Report 2004-2005.

 

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

      Regulations under the following Act –

                  Public Sector Management – Exemptions

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Acts –

Parliamentary Superannuation – Revocation

Public Corporations – South Australian Health Commission

Superannuation – State Transport Authority Employees

Taxation Administration – Permitted Disclosure

 

By the Minister for Police (Hon K O Foley) –

      Regulations under the following Act –

                  Police – Ranks

 

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

      Regulations under the following Acts –

Harbors and Navigation – Caulerpa Taxifolia

Passenger Transport – Taxi Fares

Road Traffic –

            Mass and Loading Requirements

             Modification of Motor Vehicles

             Oversize Vehicle Exemptions

             Rear Marking Plates

             Testing of Photographic Detection Devices

             Traffic Speed Analysers

 

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

      Regulations under the following Acts –

Electricity – Certificates of Compliance

Gas – General Gas Fitting Work

 

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

      Summary Offences Act 1953 –

                  Dangerous Area Declarations, Return pursuant to Section 83B –

                        1 October 2004 to 31 December 2004

                        1 January 2005 to 31 March 2005

                  Return of Authorisations Issued to Enter Premises, Under Section 83C(1) –

                        1 July 2004 - 30 June 2005

                  Road Block Establishment Authorisations, Returns pursuant to Section 74B

                        1 October 2004 to 31 December 2004

                        1 January 2005 to 31 March 2005

 

      Regulations under the following Act –

                  Subordinate Legislation – Expiry of Subordinate Legislation

 

      Rules of Court –

                  District Court – Address for Service

                  Supreme Court – Legal Costs

 

By the Minister for Health (Hon L Stevens) –

Children, Youth and Women's Health Service Incorporated – Report 2003-2004

Julia Farr Services – Report 2004

Modbury Hospital – Report 2003-2004

Noarlunga Health Services –

            Financial & Business Statements 2003-2004

            Report 2003-2004

North Western Adelaide Health Service – Report 2003-2004

Southern Adelaide Health Service – Report 2003-2004

      South Australian Council on Reproductive Technology – Report 2004

 

      Regulations under the following Acts –

Medical Practitioners – Registration Fees

Reproductive Technology (Clinical Practices) – Review Panel

 

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

      South Australian Soil Conservation Council – Report 2003-2004

      South Australia’s Waste Strategy 2005-2010

           

      Regulations under the following Acts –

Aboriginal Lands Trust – Controlled Substances on Yalata Reserve

Environment Protection – Exemptions

Natural Resources Management –

            Eastern Mount Lofty Ranges Surface Water

            Eastern Mount Lofty Ranges Wells

 

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

      Regulations under the following Act –

                  Technical and Further Education – College Councils

 

By the Minister for Administrative Services (Hon M J Wright) –

      Regulations under the following Acts –

Rates and Land Tax Remission – Criteria for Remission Entitlement

Valuation of Land – Valuations

 

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

      Regulations under the following Acts –

Shop Trading Hours – Expiry

Workers Rehabilitation and Compensation – Agencies and Instrumentalities

 

      Rules –

Fair Work – Industrial Proceedings

 

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

      Adelaide Cemeteries Authority Charter

      Development Act –

                  Development Plan Amendment Reports –

                        Alexandrina Council – Strathalbyn Township Local Heritage

                        City of Whyalla - Whitehead Street, Whyalla

                        Light Regional Council - Industry (Gawler Belt) Zone - Land Division

                        Wakefield Regional Council - Primary Industry Zone

            Trinity Gardens Primary School, Application to Construct an Activity Hall - Section 49(15)(a)

                  Willunga Primary School, Proposed Redevelopment - Section 49(15)(a)

      Paradise Interchange – Messenger Press Article of 31 August 2005 – Ministerial Statement

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Regulations under the following Act –

Adoption – Criteria

 

By the Minister for Housing (Hon J W Weatherill) –

      Regulations under the following Act –

South Australian Housing Trust – Disclosure of Interest

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Regulations under the following Acts –

Fisheries –

            Charter Boat Fishery

            Commercial Netting Closures

            Management Committees

Food – Food Standards Code

Primary Produce (Food Safety Schemes) – Dairy Industry

 

By the Minister for State/Local Government Relations (Hon R J McEwen) –

      Rules –

Local Government Act – Superannuation – Non-commutable Allocated Pensions

 

      Local Government – By-laws –

                  City of Port Augusta

                        No. 1 – Permits and Penalties

                        No. 3 – Local Government Land

                        No. 4 – Roads

                        No. 5 – Dogs

                        No. 6 – Waste Management

                        No. 7 – Australian Arid Lands Botanic Garden

                        No. 8 – Cats

 

      Local Government – By-laws –

                  Wattle Range Council

                        No. 1 – Permits and Penalties

                        No. 2 – Moveable Signs

                        No. 3 – Roads

                        No. 4 – Local Government Land

                        No. 5 – Dogs

                        No. 6 – Nuisances caused by Building Sites

 

By the Minister for Forests (Hon R J McEwen) –

      Regulations under the following Act –

Forestry – Recreational Access

 

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

      Regulations under the following Acts –

Liquor Licensing – Dry Zone –

            Coober Pedy

            Mt Gambier

            Onkaparinga

            Pt Augusta

Recreational Services (Limitation of Liability) – Registration of Code.

 

8       Environment, Resources and Development Committee - Report – Marine Protected Areas

Ms Breuer brought up the 54th Report of the Environment, Resources and Development Committee on Marine Protected Areas.

Report received.

Ordered to be published (Paper No 219).

 

9       Questions

Questions without notice were asked.

 

10      Grievance debate

On motion of the Speaker, the House noted grievances.

 

11      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

12      Dog Fence (Miscellaneous) Amendment Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

The Minister for Environment and Conservation (Hon J D Hill), moved - That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

         Bill read a third time and passed.

 

13      Conference – Correctional Services (Parole) Amendment Bill

Order of the Day read for the consideration of the Conference Report on the Correctional Services (Parole) Amendment Bill.

 

In Committee

Resolved - That the recommendations of the Conference be agreed to.

 

____________

 

The House having resumed:

Mr Snelling reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

14      Postponement of business

Ordered - That Order of the Day: Government Business No 4 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

15      Defamation 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 to 3 agreed to.

Clause No 4 amended and agreed to.

Clauses Nos 5 to 8 agreed to.

Clause No 9 amended and agreed to.

Clauses Nos 10 and 11 agreed to.

Clause No 12 amended and agreed to.

Clauses Nos 13 to 15 agreed to.

Clause No 16 amended and agreed to.

Clauses Nos 17 to 20 agreed to.

Clause No 21 amended and agreed to.

Clauses Nos 22 to 24 agreed to.

Clause No 25 amended and agreed to.

Clause No 26 agreed to.

Clause No 27 amended and agreed to.

Clause No 28 agreed to.

Clause No 29 amended and agreed to.

Clauses Nos 30 to 42 agree to.

Schedule No 1 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 with amendments.

 

Bill read a third time and passed.

 

16      Local Government (Financial Management and Rating) Amendment Bill

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

 

In Committee

Clause No 4 further considered and agreed to.

New clause No 4A inserted.

Clauses Nos 5 and 6 amended and agreed to.

Clause No 7 agreed to

New clauses Nos 7A and 7B inserted.

Clause Nos 8 amended and agreed to.

Clause No 9 agreed to.

Clause No 10 amended and agreed to.

Clauses Nos 11 to 15 agreed to.

Clause No 16 amended and agreed to.

Clause No 17 agreed to.

Clauses Nos 18 and 19 amended and agreed to.

Clauses Nos 20 to 24 agreed to.

Clause No 25 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

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

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

 

17      Adjournment

House adjourned at 9.59 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 14 September 2005

 

Notices of Motion: Government Business -

 

The Minister for Transport to move – That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961; and to make related amendments to other Acts.

 

The Minister for Transport to move – That he have leave to introduce a Bill for an Act to provide for the construction and operation of a tramline in Victoria Square; to provide for the designation of certain land within Victoria Square as park land; to make a related amendment to the Passenger Transport Act 1994; and for other purposes.

 

The Minister for Infrastructure to move – That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

 

The Minister for Gambling to move – That he have leave to introduce a Bill for an Act to amend the Collections for Charitable Purposes Act 1939.

 

The Minister for Families and Communities to move – That he have leave to introduce a Bill for an Act to provide for the recognition of carers; and for other purposes.

 

The Minister for Consumer Affairs to move – That she have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1997.

 

 

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

 

Mr Hanna to move – That he have leave to introduce a Bill for an Act to encourage participation in public debate, and dissuade persons and corporations from bringing or maintaining legal proceedings or claims for an improper purpose.

 

Ms Breuer to move – That the Fifty Fourth Report of the Environment, Resources and Development Committee entitled Marine Protected Areas, be noted.

 

 

            For Thursday 15 September 2005

 

Notice of Motion: Other Motions -

 

Mr Brindal to move – That this House censures the Member for Hammond for his inappropriate access to the facilities of the Parliament and his attempt to bring the reputation of other Members into disrepute.

 

 

            For Monday 21 November 2005

 

Notices of Motion: Government Business -

 

The Minister for Environment and Conservation to move – That, for the purposes of section 14 of the Botanic Gardens and State Herbarium Act 1978, this House resolves that such portion of the building known as "Tram Barn A" situated on land in Section 571 Hundred of Adelaide, as is determined by the Board of the Botanic Gardens and State Herbarium, may be leased to the University of Adelaide for a period of up to 20 years on such terms and conditions as are determined by the Board for the purpose of the University establishing and operating an ancient and fragmentary DNA laboratory, and carrying out related activities.

 

 

 

____________

 

 

Present during the day - All Members except Hon G M Gunn.

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY