No 80

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 25 JUNE 2003

 

 

1       Meeting of House

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

 

2        Messages from the Governor

            The following Messages from the Governor were received and read:

 

Assent to Bills                                                                                         Message No 23

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 second Session of the 50th Parliament, viz –

No. 6 of 2003        An Act to amend the Constitution Act 1934.

No. 7 of 2003        An Act to amend the Gaming Machines Act 1992.

No. 8 of 2003        An Act to amend the Harbours and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

No. 9 of 2003        An Act to amend the Gas Act 1997, the Gas Pipelines Access (South Australia) Act 1997, the Electricity Act 1996 and the Local Government Act 1999.

No. 10 of 2003       An Act to make provision relating to higher education, vocational education and training and adult community education; to establish the Training and Skills Commission; to repeal the Vocational Education, Employment and Training Act 1994; and for other purposes.

No. 11 of 2003       An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2004.

No. 12 of 2003      An Act to amend the Mining Act 1971 and the Opal Mining Act 1995.

No. 13 of 2003       An Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

No. 14 of 2003      An Act to amend the Criminal Law Consolidation Act 1935.

No. 15 of 2003       An Act to amend the Water Resources Act 1997 and the Waterworks Act 1932.

No. 16 of 2003      An Act to amend the Legal Practitioners Act 1981.

No. 17 of 2003       An Act to prohibit human cloning and other unacceptable practices associated with reproductive technology and for other purposes.

No. 18 of 2003       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.

No. 19 of 2003       An Act to amend the Shop Trading Hours Act 1977 and to make related amendments to the Retail and Commercial Leases Act 1995                

Government House, 25 June 2003              M Jackson-Nelson, GOVERNOR

 

 

 

 

 

Zero Waste SA Bill - Recommending                                                     Message No 24

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 Zero Waste SA Bill 2003.

Government House, 25 June 2003              M Jackson-Nelson, GOVERNOR

 

3       Petitions Nos 123 to 124

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

 

123 Hon D C Brown (Deputy Leader of the Opposition), from 48 citizens of South Australia, requesting the House to urge the Government to keep its promise to the people of South Australia to deliver cheaper electricity prices.

 

124 Dr McFetridge, from 671 residents of South Australia, requesting the House to amend current legislation to allow dogs, under effective control, to sit with their owners in all outdoor dining areas.

 

4       Paper

         The Speaker laid on the Table the following report:

 

Economic and Finance Committee Interim Report entitled Emergency Services Levy 2003-2004 which has been received and published pursuant to section 17(7) of the Parliamentary Committees Act 1991. (Paper No. 215)

 

5       Answers to questions

An answer to question on the Notice Paper No 154 and questions without notice were tabled by the Speaker.

 

6       Public Works Committee - Reports –

Bookpurnong and Loxton Salt Inception Schemes

Mr Caica brought up the 189th Report of the Committee on the Bookpurnong and Loxton Salt Interception Schemes.

Report received.

Ordered – That the report be published (Paper No 216).

 

Women’s and Children’s Hospital Emergency Department Redevelopment

Mr Caica brought up the 190th Report of the Committee on the Women’s and Children’s Hospital Emergency Department Redevelopment.

Report received.

Ordered – That the report be published (Paper No 217).

 

7       Papers

         The following Papers were tabled:

 

By the Deputy Premier (Hon K O Foley) –

      Cora Barclay Centre – Correspondence 2001

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Act –

                  Public Corporations – Industrial and Commercial Premises Corp

 

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

      Regulations –

                  Statutes Law Revision Regulations – Acts (Various) – Clerical Amendments

 

      Rules of Court –

                  Supreme Court –

                        Criminal Rules – Questionnaire Deleted

                        E-filing Pilot

 

By the Minister for Consumer Affairs (Hon M J Atkinson) –

      Regulations under the following Act –

                  Co-operatives – Corporations Act Application

 

By the Minister for Health (Hon L Stevens) –

      Response to recommendations made by the Social Development Committee in its Sixteenth Report entitled - Inquiry into Attention Deficit Hyperactivity Disorder

      Health Review, Generational –

                  Final Report – April 2003

Summary, April 2003

First Steps Forward SA Health Reform

 

      Regulations under the following Acts –

                  Dental Practice – Supervision Requirements

                  Medical Practitioners – Practice Fee

                  South Australian Health Commission – Medicare Patients Fees

 

By the Minister for Education and Children’s Services (Hon P L White) –

      Regulations under the following Act –

      Senior Secondary School Assessment Board of South Australia – Curriculum Statements

 

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

            National Parks and Wildlife Act – Proclamation – Nene Valley Conservation Park

 

By the Minister for Transport (Hon M J Wright) –

            Third Party Premiums Committee – Declaration – Premiums 2003 and 2003

 

By the Minister for Urban Development and Planning (Hon J W Weatherill) –

      Regulations under the following Acts –

                  Fisheries –

                        Commercial Fees

                        Crab Net

                  Meat Hygiene – Fees

                  Primary Industries Funding Schemes – McLaren Vale Grape and Wine Group

                     Training and Skills Development – Recognition Services.

 

8       Questions

Questions without notice were asked.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Food (Dogs in Outside Eating Areas) Amendment Bill

Dr McFetridge, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Food Act 2001.

Question put and passed.

         Bill presented and read a first time.

 

         Dr McFetridge moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 16 July.

 

11      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 and 3 be postponed until Wednesday 16 July.

 

 

 

 

12      Legislative Review Committee - Report - Regulations under the Fisheries Act 1982 – ‘Giant Crabs’ - Nos 259 & 273 of 2001 - Motion to note

Mr Hanna, pursuant to notice, moved - That the Report of the Legislative Review Committee on Regulations under the Fisheries Act 1982 – ‘Giant Crabs’ – Nos 259 & 273 of 2001 be noted.

Debated ensued.

Question put and passed.

 

13      Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 5 to 20 be postponed until Wednesday 16 July.

 

14      Public Works Committee – 188th Report – Riverbank – Stage Two Project - Motion to note

Mr Caica, pursuant to notice, moved - That the 188th Report of the Public Works Committee on the Riverbank – Stage Two Project be noted.

Debated ensued.

Question put and passed.

 

15      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be postponed until Wednesday 16 July.

 

16      Statutes Amendment (Duties to Prevent Fires) 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 Geraghty, that the debate be further adjourned until Wednesday 16 July.

 

17      Valuation of Land (Access to Financial Statements) Amendment Bill

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

Mrs Geraghty, moved – That the debate be further adjourned.

         Question put.

 

         House divided (No 1):

 

           Ayes, 20

           Noes, 20

 

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

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

Mr Hanna

Hon R J McEwen

Hon D C Kotz

Mr O'Brien

Ms Maywald

Ms Rankine

Dr McFetridge

Mr Rau

Mr Meier

Mr Snelling

Mrs Penfold

Hon L Stevens

Mrs Redmond

Ms Thompson

Mr Scalzi

Hon J W Weatherill

Hon R B Such

Hon P L White

Mr Venning

Hon M J Wright

Mr Williams

Mrs Geraghty (Teller)

Mr Brindal (Teller)

 

         Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Noes.

 

So it was passed in the negative.

 

 

Debate (interrupted by the foregoing) resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 16 July.

 

18      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations No 4 to 25 be adjourned and resumed on motion.

 

19      Suspension of Standing Orders

The Minister for Urban Development and Planning (Hon J W Weatherill), without notice, moved - That Standing Orders be so far suspended as to enable –

(a)   one second reading debate on the Statutes Amendment (Nuclear Waste) Bill and the Public Park Bill;

(b)  separate questions to be put on each Bill at the conclusion of that debate; and

(c)  the Bills to be considered in one Committee of the Whole House.

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

 

20      Orders of the Day:  Private Members Bills/ Committees/Regulations -

Mrs Geraghty moved – That Orders of the Day:  Private Members Bills/Committees/Regulations be now resumed.

Question put and passed.

 

21      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 4 be postponed until Wednesday 16 July.

 

22      Stamp Duties (Equal Entitlements for Same Sex Partners) 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.

____________

 

The two hours for the consideration of Private Members Business having expired, the debate was adjourned (Mr Scalzi, by leave) and Government Business was called on.

____________

 

23      Joint Committee on the Immunity from Prosecution of Certain Sexual Offences – Final Report - Motion to note

The Attorney-General, pursuant to notice, moved - That the Final Report of the Joint Committee on the Immunity from Prosecution of Certain Sexual Offences be noted.

Ordered, on motion of Hon M R Buckby, that the debate be adjourned until tomorrow.

 

24      Select Committee on the Crown Lands (Miscellaneous) Amendment Bill – Final Report - Motion to note

The Minister for Environment and Conservation (Hon J D Hill), pursuant to notice, moved - That the Final Report of the Select Committee on the Crown Lands (Miscellaneous) Amendment Bill be noted.

Ordered, on motion of Hon M R Buckby, that the debate be adjourned until tomorrow.

 

25      Appropriation Bill 2003 – Estimates Committees A and B – Reports and Minutes of Proceedings

Order of the Day read for bringing up the Reports of Estimates Committees A and B.

Hon R B Such brought up the Report of Estimates Committee A.

Ordered – That the Report be received.

Hon R B Such brought up the Minutes of Proceedings of Estimates Committee A.

Ordered – That the Minutes of Proceedings be incorporated in the Votes and Proceedings.

Ms Thompson brought up the Report of Estimates Committee B.

Ordered – That the Report be received.

Ms Thompson brought up the Minutes of Proceedings of Estimates Committee B.

Ordered – That the Minutes of Proceedings be incorporated in the Votes and Proceedings.

 

The Deputy Premier moved – That the proposed expenditures referred to Estimates Committees A and B be agreed to.

Debate ensued.

 

26      Extension of time for adjournment

Ordered, on motion of the Minister for Social Justice (Hon S W Key) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

27      Appropriation Bill 2003

Debate (interrupted by the foregoing) resumed.

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

 

28      Adjournment

House adjourned at midnight until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 26 June 2003

 

Notices of Motion:  Government Business -

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend the National Wine Centre (Restructuring and Leasing Arrangements) Act 2002.

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend the Stamp Duties Act 1923.

 

The Minister for Consumer Affairs to move That he have leave to introduce a Bill for an Act to amend the Fair Trading Act 1987 and to repeal the Starr-Bowkett Societies Act 1975.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Administration and Probate Act 1919.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Summary Procedure Act 1921.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Development Act 1993 and the Summary Offences Act 1953.

 

Notices of Motion:  Other Motions –

 

Mr Brindal to move – That this House –

(a)           condemns the Deputy Premier on his comments made during the sitting of Estimates Committee B on 17 June 2003; and

(b)           petitions Her Excellency The Governor to withdraw the Deputy Premier’s commission as a Minister of the Crown.

 

Mrs Redmond to move – That this House congratulates David Rooney of Stirling, aged 16 years, on winning both the South Australian State Geographical Competition and the National Australian Geographical Competition, and who will now represent Australia at the National Geographic World Championships in Tampa, Florida in July 2003.

 

Ms Chapman to move – That this House congratulates the Honourable Justice Kemeri Murray, currently the longest serving Judge in Australia, on celebrating thirty years on the Bench.

 

            For Wednesday 16 July 2003

 

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

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Tobacco Product Regulation Act 1997.

 

Ms Bedford to move – That this House calls on the Social Development Committee to investigate and report upon the impact of childbirth experiences in South Australian Hospitals and Post Natal Depression (PND) on South Australian individuals, families and the community, and in particular

(a)        the recent trends in the occurrence of PND within South Australia;

(b)        the relationship between birthing experiences and PND;

(c)        interventive and preventative services to minimise the occurrence and harm of PND;

(d)        health implications of PND and the long term cost to the South Australian economy;

(e)        alternatives for ante-natal and post-natal care and support;

(f)          the role of midwifery services in South Australian Hospitals; and

(g)        any other related matter.

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Parliamentary Remuneration Act 1990 and to make related amendments to the Parliamentary Superannuation Act 1974.

 

Mr Caica to move – That the One Hundred and Eighty-Ninth Report of the Public Works Committee on the Bookpurnong and Loxton Salt Interception Schemes be noted.

 

Mr Caica to move – That the One Hundred and Ninetieth Report of the Public Works Committee on the Women’s and Children’s Hospital Emergency Department Redevelopment be noted.

 

            For Thursday 17 July 2003

 

Notices of Motion:  Other Motions -

 

Mr Hamilton-Smith to move – That this House –

(a)       condemns the Premier as Minister for the Arts, for his decision to cut $225,000 from the Australian Dance Theatre budget over the next two years; and

(b)       calls upon the Premier to reverse this funding decision, develop a 10 year strategic plan for the Theatre and to adequately fund that plan.

 

Mr Hamilton-Smith to move – That this House –

(a)       calls on the Premier as Minister for the Arts, to direct the Minister Assisting the Premier in the Arts and the Minister for Industrial Relations to take immediate action to review WorkCover legislation to ensure that it protects musicians and live music venues from unnecessary penalties, red tape and expense associated with the engagement of musicians, and  

(b)       calls upon the Government to develop new measures to promote safe and profitable employment opportunities for live musicians in these venues, and review all relevant laws and regulations to ensure that a vibrant live music scene thrives in South Australia.

 

 

 

____________

 

 

Present during the day - All Members except Hon M D Rann and Hon J D Lomax-Smith.

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Hon M D Rann, Hon J D Lomax-Smith, Ms Ciccarello

               Noes - Hon R G Kerin, Hon D C Brown, Hon W A Matthew.

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY