No 79

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 5 JUNE 2003

 

 

1       Meeting of House

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

 

2       Thebarton Biosciences Precinct Expansion - Motion re

Mr Hamilton-Smith, pursuant to notice, moved - That this House notes the Government’s intention to implement the previous former Liberal Government’s election policy to expand the Thebarton Biosciences Precinct by purchasing the 4.8 hectare site identified and initially negotiated by the previous Government and calls on this Government to reinstate the remainder of the former Government’s Innovation Policy and in particular, the reinstatement of the $40.5 million innovation fund for attracting biotech opportunities to South Australia.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Thursday 26 June.

 

3       Hon D V Laidlaw MLC - Retirement - Motion re

Mr Hamilton-Smith, pursuant to notice, moved - That this House –

(a)           notes the retirement of the Hon Diana Laidlaw MLC on 6 June after 21 years of service to the people and Parliament of South Australia;

(b)           congratulates the Honourable Member on her outstanding achievements as the Minister for the Arts, Transport, Urban Planning and the Status of Women for the period from 1993 to 2002; and

(c)           recognises her status as the longest serving Minister for the Arts and Transport in the history of the State and wishes her well in her retirement and the years ahead.

         Debate ensued.

         Question put and passed.

 

4       Petitions Nos 121 and 122

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

 

121 Mr Brokenshire, from 1208 residents of South Australia, requesting the House to urge the Government to provide intensive care facilities at Noarlunga Hospital.

 

122 Mr Brokenshire, from 695 residents of South Australia, requesting the House to urge the Government to continue to recruit extra police officers, over and above recruitment at attrition, in order to increase police officer numbers.

 

5       Paper

         The following Paper was tabled:

 

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

      Independent Gambling Authority – Inquiry Concerning Advertising and Responsible Gambling Codes of Practice.

 

 

 

6       Public Works Committee – Report – Riverbank – Stage Two Project

Mr Caica brought up the 188th Report of the Committee on the Riverbank – Stage Two.

Report received.

Ordered to be published (Paper No 214).

 

7       Messages from the Legislative Council

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

 

         Shop Trading Hours (Miscellaneous) Amendment Bill 2003                    Message No 95

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Shop Trading Hours Act 1977 and to make related amendments to the Retail and Commercial Leases Act 1995, with the amendments indicated in the annexed Schedule, to which the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 4 June 2003                                                     R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No. 1.  Page 7, lines 23 and 24 (clause 7) - Leave out "or, for that purpose, remove" and substitute:

, or take away a copy of

 

No. 2.  Page 8 (clause 7) - After line 15 insert the following:

(6) A person is not obliged to provide any bank statements under this section.

 

No. 3.  Page 8 - After line 15 insert new clause as follows:

Insertion of section 8A

                     7A. After section 8 insert:

 

                              Offences by Inspectors

                                      8A.  An Inspector, or a person assisting an Inspector, who—

 

(a)     addresses offensive language to any person; or

 

(b)     without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,

 

is guilty of an offence.

 

Maximum penalty:    $5 000.

 

 

No. 4.  Page 9, lines 10 to 15 (clause 11) - Leave out paragraph (c) and insert:

(c) from 11.00 a.m. to 5.00 p.m.

 

                              (i)     on each of the 9 Sundays immediately preceding Christmas day 2003; and

 

                              (ii)     on 28 December 2003; and

 

                              (iii)    from 1 July 2004 - on any Sunday.

 

 

No. 5.  Page 10, lines 9 to 11 (clause 11) - Leave out subsection (8).

 

 

No. 6.  Page 11, line 25 (clause 17) - Leave out "14 days" and insert:

28 days

 

 

No. 7.  Page 13 (Schedule) - After line 25 insert the following:

Review of awards

                     3a. (1) The purpose of this clause is to make provision for the review of awards in the retail industry by the Full Commission of the Industrial Relations Commission of South Australia (the "Commission") on account of the special circumstances that arise by virtue of the enactment of this Act.

 

                     (2) Nothing in this clause is intended—

 

                    (a)     to derogate from the independence of the Commission; or

 

                    (b)     to limit the powers of the Commission with respect to any matter; or

 

                    (c)     to limit the ability of any person or body to initiate or participate in proceedings before the Commission, to make submissions to the Commission, or to exercise any other right under the Industrial and Employee Relations Act 1994.

 

                     (3) Subject to this clause, a party to a retail industry award may apply to the Commission for a review of the award.

 

                     (4) An application under subclause (3) must be made within 2 months after the commencement of this Act.

 

                     (5) If due application is made under this clause, the Full Commission must, subject to this clause, review the award under Chapter 3 Part 3 Division 2 of the Industrial and Employee Relations Act 1994.

 

                     (6) A review of an award initiated under this clause—

 

                    (a)     must include a review of, and incorporate fresh determinations in relation to—

 

 (i)      the appropriate spread of hours for ordinary time work over the period of a week, and over any other appropriate period (if relevant) under the award; and

 

 (ii)     the rates of remuneration (including as to any penalties or loadings) payable under the award to employees who work in a shop; and

 

                    (b)     may relate to any other matter that, in the opinion of the Commission, is relevant on account of the operation of this Act; and

 

                    (c)     must be completed by 31 May 2004 and take effect on 1 July 2004.

 

                    (7) In undertaking a review under this clause, the Commission is to—

 

                    (a)     take into account the objects of the Industrial and Employee Relations Act 1994, with particular reference to section 3(b), (c) and (n) of that Act; and

 

                    (b)     have regard to the desirability of maximising employment and economic efficiency within the retail industry in the State, including by—

 

 (i)      encouraging higher levels of employment in the retail industry; and

 

 (ii)     ensuring that labour costs are economically sustainable for businesses in the retail industry; and

 

 (iii)    providing a fair rate of remuneration for employees who work in the retail industry; and

 

 (iv)     enabling businesses in the retail industry to trade without the imposition of excessive costs for doing so; and

 

 (v)     promoting efficiency and productivity in the retail industry; and

 

                    (c)     give consideration to the nature of the labour market that works, or is likely to work, in the retail industry (including, but not limited to, work on Sundays); and

 

                    (d)     give consideration to the circumstances of the various kinds of businesses in the retail industry that may be open on Sundays, including the circumstances of small and medium sized businesses operated by the proprietors of the businesses or by members of their families; and

 

                    (e)     give consideration to the ordinary time penalty rates that apply in the other States, and in the Territories, for similar trading arrangements; and

 

                    (f)      give consideration to the desirability of including in the award a variety of options and flexible arrangements to assist in making Sunday trading worthwhile and viable; and

 

                    (g)     give consideration to any additional transitional arrangements that are appropriate in view of the operation of this Act,

 

                              and the Commission may consider such other matters as the Commission thinks fit.

 

             (8) Without limiting subclause (7), in undertaking a review under this clause, the Commission is to use its best endeavours to ensure that it does not impose a cost structure within the retail industry—

 

                    (a)     that is economically unsustainable within the industry, or a significant part of it, especially taking into account the position of small and medium sized businesses; or

 

                    (b)     that has the effect of imposing unfair costs on small or medium sized businesses operated by proprietors who wish to trade on Sundays (especially those businesses where employees may be required to work on Sundays); or

 

                    (c)     that reduces the capacity of the proprietors of businesses, and in particular small and medium sized businesses, from employing staff to the maximum possible extent on Sundays; or

 

                    (d)     that has the effect of requiring the proprietors of small or medium sized businesses to work on Sundays themselves rather than employing staff on that day; or

 

                    (e)     that unduly diminishes the competitiveness of small or medium sized businesses that open on Sundays; or

 

                    (f)      that is higher for small or medium sized businesses than the cost structure that applies to larger sized businesses; or

 

                    (g)     that is likely to impact adversely on the price of goods or services purchased by customers within the retail industry.

 

                              (9) As part of a review, the Commission is to give the parties to the award a reasonable

                              opportunity to make submissions, and take those submissions into consideration, and may

                              (as the Commission thinks fit) allow any other person with a relevant interest to appear and

                              make submissions.

 

                    (10) In this clause—

 

             "retail industry award" means an award under the Industrial and Employee Relations Act 1994 that provides for the remuneration of persons employed in a shop;

 

             "shop" means a shop within the meaning of the Shop Trading Hours Act 1977.

 

 

No. 8.  Page 13 (Schedule) - After line 25 insert the following:

Business advisory service

                     3A. (1) The Minister must ensure that an advisory service (including, but not limited to, a telephone advisory service) is available to assist the proprietors of businesses and employees in the retail industry who may be affected by the introduction of new shopping hours under this Act.

 

                     (2) A service under subclause (1)—

 

                    (a)     must be able to provide advice on accounting, legal, industrial relations, tenancy and other relevant issues, with particular reference to the needs of the proprietors of small and medium sized businesses and their employees; and

 

                    (b)     must be available at times that are reasonably accessible to people involved in the retail industry, especially the proprietors of small and medium sized businesses and their employees; and

 

                    (c)       must be maintained for at least 12 months from the commencement of this Act.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         Estimate Committees – Attendance of Ministers                                     Message No 96

MR SPEAKER - The Legislative Council has given leave to the Minister for Agriculture, Food and Fisheries (Hon P Holloway) and Minister for Aboriginal Affairs and Reconciliation (Hon T G Roberts) to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

Legislative Council, 4 June 2003                                          R R Roberts, PRESIDENT

 

8       Questions

Questions without notice were asked.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Next day of sitting

Ordered, on motion of the Attorney-General (Hon M J Atkinson) - That the House at its rising adjourn until Wednesday 25 June at 2.00 pm.

 

11      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 to be postponed until Wednesday 25 June.

 

12      Postponement of business

Ordered - That Notice of Motion: Government Business No 2 be postponed and taken into consideration on motion.

 

13      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 2.

 

14      Nurses (Nurses Board Vacancies) 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.

Clause No 3 amended and agreed to.

                                                Clause No 4 agreed to.

                                                Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

15      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 and 3 to 20 be postponed and taken into consideration after Order of the Day: Government Business No 21.

 

16      Legal Practitioners (Insurance) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

17      University of Adelaide (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 Ms Chapman, by leave, that the debate be further adjourned and resumed on motion.

 

18      Shop Trading Hours (Miscellaneous) Amendment Bill 2003

         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:

Hon R B Such reported that the Committee had considered the amendments referred to it and had disagreed to the same.

 

 

 

19      Extension of time for adjournment

Ordered, on motion of the Minister for Tourism (Hon J D Lomax-Smith) - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

 

20      Messages from the Legislative Council

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

 

         Prohibition of Human Cloning Bill                                                          Message No 97

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to prohibit human cloning and other unacceptable practices associated with reproductive technology and for other purposes, without any amendment.

         Legislative Council, 5 June 2003                                                     R R Roberts, PRESIDENT

 

         Research Involving Human Embryos Bill                                                Message No 98

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate certain activities involving the use of human embryos and other related activities; to amend the Reproductive Technology Act 1988, and for other purposes, without any amendment.

         Legislative Council, 5 June 2003                                                     R R Roberts, PRESIDENT

 

         Statutes Amendment (Water Conservation Practices) Bill                      Message No 99

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Water Resources Act 1997 and the Waterworks Act 1932, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 5 June 2003                                                     R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

 

No. 1.  Page 4, lines 15 and 16 (clause 4) - Leave out paragraph (b) and insert:

 

(b) the Minister should give consideration—

 

                                      (i)    to the impact that the regulation would have on any rights or entitlements arising under or by virtue of any licences or permits granted under this Act; and

 

                                      (ii)    to the provisions of any relevant water allocation plan, and of any other relevant part of this Act.

 

No. 2.  Page 4, lines 27 and 28 (clause 4) - Leave out paragraph (c).

 

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

21      University of Adelaide (Miscellaneous) Amendment Bill

Ordered – That the adjourned debate on the question – That this Bill be now read a second time – be now resumed.

Debate resumed.

Ordered, on motion of Ms Chapman, by leave, that the debate be further adjourned and resumed on motion.

 

22      Statutes Amendment (Water Conservation Practices) Bill

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

 

In Committee

               Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendments referred to it and had agreed to the same.

 

23      University of Adelaide (Miscellaneous) Amendment Bill

Ordered – That the adjourned debate on the question – That this Bill be now read a second time – be now resumed.

Debate resumed.

 

Ordered, on motion of Ms Chapman, by leave, that the debate be further adjourned until Wednesday 25 June.

 

24      Extension of sitting

Ordered, on motion of the Minister for Infrastructure (Hon P F Conlon) - That the sitting of the House be extended beyond 6.00pm.

 

25      Speaker's Statement - Privilege

The Speaker stated that a matter of privilege was drawn to his attention by the Member for Playford concerning his correspondence to a number of lawyers about an issue he intended to raise in the Parliament.  The matter has been taken to court, with a demand being placed on the Member, to provide the name of his informant.  The Speaker outlined the traditions and conventions of its proceedings as they relate to the retention of privileges of the parliament.  With respect to documents and information acquired by Members from third persons, the Speaker acknowledged that Members would take steps to assemble or record information for purposes of or incidental to the transacting of business in the House for use in debate, or in other parliamentary proceedings.  If this information was not to attract the immunity of parliamentary privilege, the proceedings in Parliament would inevitably be hindered, impeded or impaired.  For this reason the information being sought by the Court is protected by Parliamentary Privilege.

 

26      Messages from the Legislative Council

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

 

         Legal Practitioners (Insurance) Amendment Bill                                    Message No 100

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Legal Practitioners Act 1981, without any amendment.

         Legislative Council, 5 June 2003                                                     R R Roberts, PRESIDENT

 

         Shop Trading Hours (Miscellaneous) Amendment Bill 2003                    Message No 101

MR SPEAKER - The Legislative Council does not insist on its Amendments in the Shop Trading Hours (Miscellaneous) Amendment Bill to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 5 June 2003                                                     R R Roberts, PRESIDENT

 

         Supply Bill 2003                                                                                      Message No 102

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act for the appropriation of money from the Consolidation Account for the financial year ending on 30 June 2004, without any amendment.

         Legislative Council, 5 June 2003                                                     R R Roberts, PRESIDENT

 

26      Adjournment

House adjourned at 6.46 pm until Wednesday 25 June at 2.00 pm.

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 25 June 2003

 

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

 

Mr Caica to move – That the One Hundred and Eighty Eighth Report of the Public Works Committee on the Riverbank – Stage Two Project  be noted.

 

____________

 

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY