No 79

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 20 OCTOBER 2005

 

 

1       Meeting of House

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

 

2       Postponement of business

The Hon I P Lewis, moved – That Notice of Motion: Other Motions No 1 be postponed to Thursday 10 November.

Question put.

 

         House divided (No 1):

 

           Ayes, 15

 

           Noes, 18

Mr Brokenshire

Hon M J Atkinson

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Hon J D Hill

Mr Hanna

Hon S W Key

Hon R G Kerin

Hon J D Lomax-Smith

Dr McFetridge

Hon R J McEwen

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Williams

Ms Thompson

Hon I P Lewis (Teller)

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

The Hon I P Lewis, moved – That Notice of Motion: Other Motions No 1 be postponed and taken into consideration after Notice of Motion: Other Motions No 9.

Question put.

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 2):

 

           Ayes, 17

 

           Noes, 22

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon K O Foley

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon J D Hill

Dr McFetridge

Hon S W Key

Mr Meier

Mr Koutsantonis

Mrs Penfold

Hon J D Lomax-Smith

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Williams

Mr Rau

Hon I P Lewis (Teller)

Mr Snelling

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

Division List – Correction of error

Mr Williams called to the attention of the House an error in the first Division list of today’s proceedings.

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

 

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

The Attorney-General (Hon M J Atkinson), 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.

 

4       Censure of Deputy Premier - Motion re

The Hon I P Lewis, pursuant to notice, moved - That this House

(a)       expresses its dismay at the arrogant indisposition, intemperate remarks, personal invective and abuse from the Deputy Premier, directed at

                                                  (i)                 Mr Terry Paget, the Director of Public Prosecutions, certain police officers and other public servants and prominent citizens;

                                                (ii)                 the Leader of the Opposition, the former and current Speakers of this House, and other Members in this place; and  

(b)    censures the Deputy Premier and calls on him to apologise to the House and to those  people who may have been offended by his actions.

         Debate ensued.

         Question put and negatived.

 

5    Pink Ribbon Day 2005 - Motion re

Mrs Hall, pursuant to notice, moved - That this House acknowledges the importance of Pink Ribbon Day on 24 October 2005, and pays tribute to

(a)       the outstanding work carried out by the Cancer Council of South Australia to raise awareness of breast cancer and other forms of cancer;

(b)       the importance of early detection through breast screening programs; and

(c)       the significant progress made in the provision of support services for victims of breast cancer and their families.

         Debate ensued.

         Question put and passed.

 

6       Postponement of business

Ordered, separately and severally - That Notices of Motion: Other Motions Nos 3 to 7 be postponed until Thursday 10 November.

 

7       Aerial Fire Fighting Services on the Eyre Peninsula - Motion re

Mrs Penfold, pursuant to notice, moved - That this House requests the Government

(a)           make an ex gratia payment to Kevin Warren of Eyreial Ag Services for expenses incurred in providing his aircraft to fight the January 2005 bushfires on the Lower Eyre Peninsula;

(b)           implement recommendations (i) - (iv) of the Bob Smith Report requiring the CFS to

                                                  (i)                 engage regionally-based aerial services during the bushfire season;

                                                (ii)                 review the utility of contracting locally based water bombing aircraft to cover initial responses;

                                               (iii)                 implement a trial for aerial surveillance services for the 2005/06 bushfire season on Eyre Peninsula; and

                                               (iv)                 examine the utility of entering into contracts for the provision of aerial bushfire surveillance, water bombing and intelligence as a private fire-fighting unit.

         Debate ensued.

         Question put.

 

         House divided (No 3):

 

           Ayes, 19

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Hon I F Evans

Hon K O Foley

Mr Goldsworthy

Mrs Geraghty

Hon G M Gunn

Mr Hanna

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Mrs Penfold (Teller)

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon P F Conlon (Teller)

 

         So it passed in the negative.

 

8       Paper

         The Speaker laid on the Table the following report:

 

      House of Assembly, First Regional Sitting, Mount Gambier 3-5 May 2005.

 

         Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

Department of the Premier and Cabinet – Report 2004-2005

 

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

      Equal Opportunity Tribunal – Report 2004-05

      Legal Practitioners Disciplinary Tribunal – Report 2004-2005

 

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

      Zero Waste SA – Report 2004-2005

 

By the Minister Assisting the Premier in the Arts (Hon J D Hill) –

      Adelaide Festival Centre – Report 2004-2005

 

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

      Non-Government Schools Registration Board – Report 2004-2005

 

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

      Water Challenge for South Australia in the 21st Century - Professor Cullen’s Report – SA Government Response to Recommendations

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Adelaide Convention Centre – Report 2004-2005

      Adelaide Entertainment Centre – Report 2004-2005

      South Australian Tourism Commission – Report 2004-2005

      2007 World Police and Fire Games – Report 2004 - 2005.

 

9       Public Works Committee - Report – Goldsmith Drive Land Development Proposal Noarlunga Downs

Mr Caica brought up the Two Hundred and Twenty Eighth Report of the Public Works Committee on the Goldsmith Drive Land Development Proposal Noarlunga Downs.

Report received.

Ordered to be published (Paper No 229).

 

10      Questions

Questions without notice were asked.

 

11      Matter of Privilege – Attorney-General

The Hon R G Kerin raised as a matter of privilege, alleged intimidation by the Attorney-General to influence the choice of staff employed by the Members for Torrens and Florey.

The Speaker advised that he would consider the matter and report back to the House.

 

12      Questions

Questions without notice (interrupted by the foregoing) resumed.

 

13      Grievance debate

On motion of the Speaker, the House noted grievances.

 

14      Speaker’s Statement – Matter of Privilege

The Speaker stated that with respect to the matter of privilege raised by the Leader of the Opposition earlier today, he would not give precedence to a motion on the matter as the two Members had either denied or failed to complain of the alleged behaviour and he therefore could not find that the matter can “genuinely be regarded as tending to impede or obstruct the House in the discharge of its duties”.

 

15      Next day of sitting

Ordered, on motion of the Minister for Transport, that the House at its rising adjourn until Monday 7 November at 2.00 pm.

 

16      Mile End Underpass Bill

The Minister for Transport, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the construction of an underpass to replace the Bakewell Bridge at Mile End; to repeal the Mile End Overway Bridge Act 1925; 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 Monday 7 November.

 

 

 

 

17      Corporations (Commonwealth Powers) (Extension of Period of References) Amendment Bill

         Order of the Day read for the second reading of this Bill.

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

         Ordered, on motion of Ms Chapman, that the debate be adjourned until Monday 7 November.

 

18      Messages from the Legislative Council

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

 

         Defamation Bill                                                                                      Message No 99

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to modify the general law relating to the tort of defamation; to repeal provisions of the Civil Liability Act 1936 relating to the tort of defamation; to amend the Criminal Law Consolidation Act 1935, the Evidence Act 1929 and the Limitation of Actions Act 1936; and for other purposes, without any amendment.

         Legislative Council, 20 October 2005                                              R R Roberts, PRESIDENT

 

         Pitjantjatjara Land Rights (Miscellaneous) Amendment Bill                   Message No 100

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Pitjantjatjara Land Rights (Miscellaneous) Amendment Bill, without any amendment.

         Legislative Council, 20 October 2005                                              R R Roberts, PRESIDENT

 

         Statutes Amendment (Transport Portfolio) Bill                                      Message No 101

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961, without any amendment.

         Legislative Council, 20 October 2005                                              R R Roberts, PRESIDENT

 

         Occupational Therapy Practice Bill                                                       Message No 102

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to protect the health and safety of the public by providing for the registration of occupational therapists and occupational therapy students; to regulate the provision of occupational therapy for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Occupational Therapists Act 1974; and for other purposes, without any amendment.

         Legislative Council, 20 October 2005                                              R R Roberts, PRESIDENT

 

19      Postponement of business

Ordered, severally - 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 5.

 

20      Controlled Substances (Serious Drug Offences) 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.

 

21      Extension of time for adjournment

Ordered, on motion of the Attorney-General, that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

22      Controlled Substances (Serious Drug Offences) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

 

23      Messages from the Legislative Council

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

 

         Justices of the Peace Bill                                                                      Message No 103

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the appointment of justices of the peace; to repeal the Justices of the Peace Act 1991; and to make related amendments to various other Acts, 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 October 2005                                              R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1

Clause 4(2), page 4, line 16—

Delete “A” and substitute the following:

“Subject to section (7), a”

 

Amendment No 2

Clause 4(2), page 4, line 17—

Delete "5" and substitute:

10

 

Amendment No 3

Clause 7, page 6, lines 7 to 9—

Delete subclause (2) and substitute:

(2)  A special justice will be appointed on conditions determined by the Governor for a term, not exceeding 5 years, specified in the instrument of appointment.

 

Amendment No 4

Clause 13(2), page 8, after line 26—

Insert:

(e)       any conditions specifying or limiting the official powers that the justice may exercise;

(f)        the expiry date of the current term of office of the justice.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon P L White reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

         Carers Recognition Bill                                                                           Message No 104

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the recognition of carers; and for other purposes, without any amendment.

         Legislative Council, 20 October 2005                                              R R Roberts, PRESIDENT

 

24      Retirement Villages (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.

Ordered, on motion of Mrs Redmond, by leave, that the debate be further adjourned until Monday 7 November.

 

25      Message from the Legislative Council

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

 

         Local Government (Financial Management and Rating) Amendment Bill                                                                        Message No 105

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1999 and to make related amendments to the City of Adelaide Act 1998 and the Rates and Land Tax Remission Act 1986, 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 October 2005                                              R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1

Clause 7, page 6, line 36—

After "policy" insert:

, taking into account the requirements of subsection (4)

 

Amendment No 2

Clause 7, page 7, lines 1 to 10—

Delete subsection (4) and substitute:

(4)       For the purposes of subsection (3)(b), a public consultation policy must at least provide for the following:

(a)  the publication in a newspaper circulating within the area of the council of a notice informing the public of the preparation of the draft annual business plan and inviting interested persons—

(i)      to attend—

(A)     a public meeting in relation to the matter to be held on a date (which must be at least 21 days after the publication of the notice) stated in the notice; or

(B)     a meeting of the council to be held on a date stated in the notice at which members of the public may ask questions, and make submissions, in relation to the matter for a period of at least 1 hour,

(on the basis that the council determines which kind of meeting is to be held under this subparagraph); or

(ii)      to make written submissions in relation to the matter within a period (which must be at least 21 days) stated in the notice; and

(b)  the council to make arrangements for a meeting contemplated by paragraph (a)(i) and the consideration by the council of any submissions made at that meeting or in response to the invitation under paragraph (a)(ii).

(4a)      The council must ensure that copies of the draft annual business plan are available at the meeting under subsection (4)(a)(i), and for inspection (without charge) and purchase (on payment of a fee fixed by the council) at the principal office of the council at least 7 days before the date of that meeting.

 

Amendment No 3

Clause 10, page 9, lines 14 to 22—

Delete this clause and substitute:

10—Amendment of section 128—The auditor

(1)         Section 128(2)—after "the council" insert:

on the recommendation of the council's audit committee

(2)         Section 128—after subsection (2) insert:

(2a)  The audit committee must, in making a recommendation under subsection (2), take into account any factor prescribed by the regulations.

(3)         Section 128—after subsection (4) insert:

(4a)    The term of appointment of an auditor of a council must not exceed 5 years (and, subject to this section, a person may be reappointed at the expiration of a term of office).

(4)         Section 128(6), (7) and (8)—delete subsections (6), (7) and (8) and substitute:

(6)    A person's ability to hold office as an auditor of a council, and to be reappointed to that office, is subject to the qualification that if the person has held the office of auditor of the council for at least 5 successive financial years, or for 5 out of 6 successive financial years—

(a)    the person may only continue in that office if he or she ensures that any individual who plays (or who has played) a significant role in the audit of the council for 5 successive financial years, or for 5 out of 6 successive financial years, does not then play a significant role in the audit of the council for at least 2 financial years; or

(b)    the person may be reappointed to the office if at least 2 years have passed since he or she last held the office.

(7)    The appointment of an auditor will be subject to any other terms or conditions prescribed by the regulations.

(8)    A council, and the auditor of a council, must comply with any requirements prescribed by the regulations with respect to providing for the independence of the auditor.

(9)    A council must ensure that the following information is included in its annual report:

(a)    information on the remuneration payable to its auditor for work performed during the relevant financial year, distinguishing between—

(i)     remuneration payable for the annual audit of the council's financial statements; and

(ii)    other remuneration;

(b)    if a person ceased to be the auditor of the council during the relevant financial year, other than by virtue of the expiration of his or her term of appointment and not being reappointed to the office—the reason or reasons why the appointment of the council's auditor came to an end.

(10)  For the purposes of this section, a person plays a significant role in the audit of a council if the person would, if the council were a company, play such a role in the audit of the company within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth.

 

Amendment No 4

Clause 13, page 10, lines 34 to 37—

Delete paragraph (a) and substitute:

(a)           to the principal member of the council (who must ensure that a copy is immediately provided to the chief executive officer, and that copies are provided to the other members of council for their consideration at the relevant meeting under subsection (6) or (6a)); and

 

Amendment No 5

Clause 13, page 10, lines 39 and 40—

Delete subsection (6) and substitute:

(6)           Unless subsection (6a) applies, the report must be placed on the agenda for consideration—

(a)           unless paragraph (b) applies—at the next ordinary meeting of the council;

(b)           if the agenda for the next ordinary meeting of the council has already been sent to members of the council at the time that the report is provided to the principal member of the council—at the ordinary meeting of the council next following the meeting for which the agenda has already been sent, subject to the qualification that this paragraph will not apply if the principal member of the council determines, after consultation with the chief executive officer, that the report should be considered at the next meeting of the council as a late item on the agenda.

(6a)       The report may be the subject of a special meeting of the council called in accordance with the requirements of this Act (and held before the ordinary meeting of the council that would otherwise apply under subsection (6)).

 

Amendment No 6

Clause 13, page 11, line 2—

Delete "at the next meeting of the council" and substitute:

at the relevant meeting of the council held under subsection (6) or (6a)

 

Amendment No 7

Clause 28, page 17, line 12—

Delete "principal" and substitute:

prescribed

 

Amendment No 8

Clause 28, page 17, line 13—

Delete "principal" and substitute:

prescribed

 

Amendment No 9

Clause 28, page 19, after line 2—

Insert:

(10a)        A regulation cannot be made for the purposes of this section except after consultation with the LGA.

 

Amendment No 10

New clause, page 21, after line 13—

Insert:

31A—Amendment of section 303—Regulations

Section 303(9)—delete ", so far as is reasonably practicable,"

 

Amendment No 11

Clause 32, page 21, after line 16—

Insert:

(1a)         Schedule 2, clause 19(4)—delete subclause (4) and substitute:

(4)    The charter may be reviewed by the constituent councils at any time but must in any event be reviewed at least once in every 4 years.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the consideration of the amendments be an Order of the Day for Monday 7 November.

 

26      Adjournment

House adjourned at 6.00 pm until Monday 7 November at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 9 November 2005

 

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

 

Mr Caica to move That the Two Hundred and Twenty Eighth Report of the Public Works Committee on the Goldsmith Drive Land Development Proposal – Noarlunga Downs, be noted.

 

Mr Williams to move That he have leave to introduce a Bill for an Act to amend the Crown Lands Act 1929.

 

 

 

____________

 

 

Present during the day - All Members except the Minister for Health (Hon L Stevens), the Minister for the River Murray (Hon K A Maywald) and Hon D C Kotz.

 

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

 

         Division No 1 -

               Ayes - Hon D C Brown, Hon M R Buckby, Hon W A Matthew and Mr Scalzi

Noes – The Premier (Hon M D Rann), the Minister for Health (Hon L Stevens), the Minister for the River Murray (Hon K A Maywald) and Ms Bedford.

 

         Division No 2 -

               Ayes - Hon M R Buckby, Hon W A Matthew and Hon D C Kotz.

Noes – The Premier, the Minister for Health and the Minister for the River Murray.

 

         Division No 3 -

               Ayes - Hon W A Matthew and Hon D C Kotz

               Noes - The Minister for Health and the Minister for the River Murray.

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY