No 74

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 28 MAY 2003

 

 

1       Meeting of House

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

 

2       Legislative Review Committee - Report – Twenty Seventh

Mr Hanna brought up the Twenty Seventh Report of the Committee.

Report received.

 

3       Questions

Questions without notice were asked.

 

4       Grievance debate

On motion of the Speaker, the House noted grievances.

 

5        Joint Committee on the Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Bill – Final Report

Ms Thompson, brought up the Final Report, together with the Minutes of Proceedings and Evidence of the Joint Committee.

         Report and Minutes received.

 

6       Messages from the Legislative Council

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

 

         Freedom of Information (Miscellaneous) Amendment Bill                      Message No 86

MR SPEAKER - The Legislative Council insists on its amendments in the Freedom of Information (Miscellaneous) Amendment Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 27 May 2003                                                    R R Roberts, PRESIDENT

 

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

 

         Statutes Amendment (Honesty and Accountability in Government) Bill    Message No 87

MR SPEAKER - The Legislative Council does not insist on its Amendment No 1 and insists on Amendment No 9 in the Statutes Amendment (Honesty and Accountability in Government) Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 27 May 2003                                                    R R Roberts, PRESIDENT

 

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

 

         Constitution (Gender Neutral Language) Amendment Bill          Message No 88

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Constitution (Gender Neutral Language) Amendment Bill, without any amendment.

         Legislative Council, 27 May 2003                                                    R R Roberts, PRESIDENT

 

         Statutes Amendment (Road Safety Reforms) Bill                        Message No 89

MR SPEAKER - The Legislative Council has, in reply to Message No 107 from the House of Assembly, agreed to grant a Conference on the Statutes Amendment (Road Safety Reforms) Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of 4.00 pm this day to receive the Managers on behalf of the House of Assembly, at the Plaza Room on the first floor of the Legislative Council.

         Legislative Council, 27 May 2003                                                    R R Roberts, PRESIDENT

 

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

 

7       Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 4.

 

8       Clare and Gilbert Valleys Council – By-law No 3 – Council Land - Motion to disallow

Mr Hanna, pursuant to notice, moved - That By-law No 3 entitled Council Land for the Clare and Gilbert Valleys Council made on 17 March 2003 under the Local Government Act 1999 and laid on the table of this House on 27 March 2003, be disallowed.

         Question put and passed.

 

9       Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 3, 7 to 10, 12 to 15 and 17 to 23 be postponed until Wednesday 4 June.

 

10      Statutes Amendment (Duties to Prevent Fires) Bill

Mr Brokenshire, pursuant to notice, moved - 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.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Brokenshire moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 4 June.

 

11      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 25 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 26.

 

12      Environment, Resources and Development Committee – 48th Report – Urban Growth Boundary - Motion to note

Ms Breuer, pursuant to notice, moved - That the Urban Growth Boundary Report of the Environment, Resources and Development Committee be noted.

Question put and passed.

 

13      Parliament (Joint Services) (Aboriginal and Torrens Strait Islander Flags) Amendment Bill

Ms Bedford, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Parliament (Joint Services) Act 1985.

Question put and passed.

         Bill presented and read a first time.

 

         Ms Bedford moved - That this Bill be now read a second time.

         Ordered, on motion of Dr McFetridge, that the debate be adjourned until Wednesday 9 July.

 

 

 

14      Pay-Roll Tax (Exemptions) Amendment Bill

Mr Williams, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to to amend the Pay-roll Tax Act 1971.

Question put and passed.

         Bill presented and read a first time.

 

         Mr Williams moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 4 June.

 

15      Conference – Statutes Amendment (Road Safety Reforms) Bill

         The Minister for Transport (Hon M J Wright) moved – That the sitting of the House be continued during the Conference with the Legislative Council on the Statutes Amendment (Road Safety Reforms) Bill.

         Question put and passed.

 

16      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 16 be postponed and taken into consideration after Order of the Day:  Private Members Bills/Committees/Regulations No 17.

 

17      Statutes Amendment (Notification of Superannuation Entitlements) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

18      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed until Wednesday 4 June.

 

19      Joint Committee on the Impact of Dairy Deregulation on the Industry in South Australia – Final Report – Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Koutsantonis - That the Final Report of the Joint Committee on the Impact of Dairy Deregulation on the Industry in South Australia be noted.

         Question put and passed.

 

20      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 4 be postponed until Wednesday 4 June.

 

21      Waste Management – Reference to Environment, Resources and Development Committee -  Motion re

Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House calls on the Environment, Resources and Development Committee to examine and make recommendations on waste management in South Australia, particularly in regard to -

(a)           the environmental benefits and disadvantages of closing the Wingfield Dump;

(b)           the benefits of alternative waste disposal methods;

(c)           the environmental impact of land fill methods of waste disposal; and

(d)           any other relevant matter

Which Mrs Geraghty has moved to amend by deleting all words after “recommendations on ” and inserting in lieu thereof the following words “

(a)           landfill proposals for metropolitan Adelaide for the next 15 years;

(b)           the viability of alternatives to landfill;

(c)           recycling;

(d)           plastic bag use in South Australia; and

(e)           any other relevant matter.“

Debate resumed.

Question – That the amendment be agreed to – put.

 

         House divided (No 1):

 

           Ayes, 23

           Noes, 19

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Ms Breuer

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Hon R G Kerin

Hon J D Lomax-Smith

Hon W A Matthew

Hon R J McEwen

Ms Maywald

Mr O'Brien

Dr McFetridge

Ms Rankine

Mr Meier

Hon M D Rann

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Hon L Stevens

Mr Williams

Hon R B Such

Mr Venning (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Mrs Geraghty (Teller)

 

 

         So it was resolved in the affirmative.

 

Division List - Correction of error

Hon I F Evans called to the attention of the House an error in the Division list relating to the Question - "That the amendment be agreed to ", on which occasion Hon I F Evans and Mr Hanna voted for the Noes, but were not recorded.

The Speaker stated that the Votes and Proceedings would be corrected accordingly.

 

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

 

22      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 6 to 21 be postponed and taken into consideration after Order of the Day:  Private Members Bills/Committees/Regulations No 22.

 

23      Select Committee on the future development of Wardang Island - Motion re

Order of the Day read for the adjourned debate on the motion of Mrs Hall - That this House establish a Select Committee to –

(a)           assess and report on the factors that have impeded progress in providing employment and investment opportunities that benefit the traditional owners of Wardang Island;

(b)           support the Aboriginal communities in resolving ownership and native title claims within agreed timeframes; and

(c)           work in co-operation with the District Council of Yorke Peninsula to prepare an appropriate future development plan to allow Wardang Island to become a unique eco-tourism destination for South Australia.

The Minister for Tourism (Hon J D Lomax-Smith), moved to amend the motion by leaving out “establish a Select Committee” and insert “calls on the Government” ; leave out “and report on” ; insert “Point Pearce community,” after “benefit the” ; by deleting “within agreed timeframes” ; by deleting “Wardang Island to become a unique ecotourism destination” and insert “the local indigenous communities to develop unique eco-tourism and cultural tourism opportunities” ; and by inserting “(d) report back to Parliament on the progress of these initiatives via a Ministerial Statement in October 2003.”

Debate resumed.

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

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

 

24      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 6 and 7 be postponed until Wednesday 4 June.

 

25      Select Committee on Bushfire Prevention, Planning and Management - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Brokenshire - That this House establish a Select Committee to inquire into and report upon bushfire prevention, planning and management issues between Government and non-Government agencies, and in particular –

(a)           current policies, practices and support for community education, awareness and planning to prevent bushfires on properties, and whether existing powers need to be strengthened to ensure that people who are not prepared to clean up their properties can be forced to do so by the relevant authorities;

(b)           current policies on bushfire prevention, cold burns and fire breaks on land under the control of the State Government and especially National Parks and Conservation Parks, whether those policies are being effectively implemented and whether there should be a broadening of mosaic burns in National Parks;

(c)           planning controls of Local Governments across the State, whether Councils have suitable planning and policy controls for bushfire prevention and whether or not there should be a recommendation for common planning and bushfire prevention controls across Local Government;

(d)           the role and responsibilities for bushfire prevention between Local and State Government agencies;

(e)           whether the Country Fires Act 1989 needs to be strengthened to give the Country Fire Service more control over enforcing bushfire prevention;

(f)             evaluation of recent programs, namely, bushfire blitz, and community safety  and education programs to see which has the best effect on bushfire  prevention and planning for a community and whether that program should be extended beyond the Adelaide Hills and Fleurieu Peninsula to cover other rural  areas;

(g)           current and future methods of advising the community of the issues  around fires, once they have started in their area;

(h)           the provisions of the Native Vegetation Act 1991 to assess hazard reduction and fire breaks; and

(i)             the current and future funding requirements for the Country Fire Service

Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 4 June.

 

26      Statutes Amendment (Courts) Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988, the De Facto Relationships Act 1976, the Development Act 1993, the Environment, Resources and Development Court Act 1993, the Magistrates Act 1983, the Magistrates Court Act 1991, the Summary Procedure Act 1921 and the Supreme Court Act 1935; to make related amendments to various other Acts; and for other purposes.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Ms Chapman, that the debate be adjourned until tomorrow.

 

27      Statutes Amendment (Expiation of Offences) Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Expiation of Offences Act 1996, the Road Traffic Act 1961 and the Summary Procedure Act 1921.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mrs Hall, that the debate be adjourned until tomorrow.

 

28      Statute Law Revision Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make minor amendments of a statute law revision nature to various Acts and to repeal various Acts.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mrs Hall, that the debate be adjourned until tomorrow.

 

29      Legal Practitioners (Insurance) Amendment Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Legal Practitioners Act 1981.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mrs Hall, that the debate be adjourned until tomorrow.

 

30      Occupational Health, Safety and Welfare (Safework SA) Amendment Bill

The Minister for Industrial Relations (Hon M J Wright), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986 and to make related amendments to the WorkCover Corporation Act 1994 and the Workers Rehabilitation and Compensation Act 1986.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mrs Hall, that the debate be adjourned until tomorrow.

 

31      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 to 15 be postponed and taken into consideration after Order of the Day: Government Business No 16.

 

32      Statutes Amendment (Water Conservation Practices) Bill

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

Debate resumed.

 

33      Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation (Hon J D Hill) - That the time for moving the adjournment of the House be extended beyond 10.00 pm

 

34      Statutes Amendment (Water Conservation Practices) Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clause No 1 agreed to.

Clause No 2 read.

 

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

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

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

 

35      Adjournment

House adjourned at 11.59 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 29 May 2003

 

Notices of Motion:  Government Business –

 

The Attorney-General to move – That the Final Report of the Joint Committee on the Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Bill be noted.

 

Notice of Motion:  Other Motions -

 

The Leader of the Opposition (Hon R G Kerin), to move – That this House condemns the Labor Government for its unprecedented use of Parliamentary Privilege in refusing a growing number of document applications under freedom of information legislation and in particular, the Government’s refusal to provide documents relating to the details of the $967M budget cuts announced in the 2002 Budget.

 

 

____________

 

 

Present during the day - All Members except Hon D C Kotz.

 

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

 

         Division No1 -

               Ayes - Hon P L White.

               Noes - Hon D C Kotz.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY