No 82

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 14 JULY 2003

 

 

1       Meeting of House

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

 

2       Petitions Nos 127 to 129

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

 

127 Hon D C Brown (Deputy Leader of Opposition), from 291 residents of South Australia, requesting the House to urge the Minister for Health to provide on-going funding, on a three year basis, to the Southern Districts War Memorial Hospital at McLaren Vale to maintain and increase health services at the hospital.

 

128 Hon G M Gunn, from 214 residents of South Australia, requesting the House to support the upholding of the provisions of the Port Augusta (City) Development Plan as they relate to a proposal by the Department of Immigration, Multicultural and Indigenous Affairs to establish a Residential Housing Project on Section 143, Hundred of Copley, (Slade Road, Port Augusta West).

 

129 Mr Hamilton-Smith, from 113 residents of South Australia, requesting the House to urge the Minister for Tourism to reconsider the decision to significantly reduce funding for the Adelaide International Horse Trials or request the Government to provide sufficient alternative funding to enable the Trials to take place in November 2003 in the East Parklands in the City of Adelaide.

 

3       Answers to questions

Answers to questions on the Notice Paper Nos 137, 146 and 152 and questions without notice were tabled by the Speaker.

 

4       Paper

         The Speaker laid on the Table the following paper:

 

City of Onkaparinga – Report 2001-2002 – Pursuant to Section 131 of the Local Government Act 1999.

 

5        Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation - Reports –

 

Referral of the Statutes Amendment (WorkCover Governance Reform) Bill to the Occupational Safety, Rehabilitation and Compensation Committee for consideration.

Mr Caica brought up the 3rd Report of the Committee relating to the Referral of the Statutes Amendment (WorkCover Governance Reform) Bill to the Occupational Safety, Rehabilitation and Compensation Committee for consideration.

Report received.

Ordered to be published (Paper No 220).

 

Annual Report 2002-2003

Mr Caica brought up the 4th Report of the Committee being the Annual Report 2002-2003.

Report received.

Ordered to be published (Paper No 221).

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Messages from the Legislative Council

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

 

         Chicken Meat Industry Bill                                                                      Message No 105

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for stabilisation of the chicken meat industry; to repeal the Poultry Meat Industry Act 1969; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 7 July 2003                                                      R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for tomorrow.

 

         River Murray Bill                                                                                     Message No 106

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the protection and enhancement of the River Murray and related areas and ecosystems; to amend the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Aquaculture Act 2001, the Coast Protection Act 1972, the Crown Lands Act 1929, the Development Act 1993, the Environment Protection Act 1993, the Fisheries Act 1982, the Harbors and Navigation Act 1993, the Heritage Act 1993, the Historic Shipwrecks Act 1981, the Irrigation Act 1994, the Mining Act 1971, the Murray-Darling Basin Act 1993, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Opal Mining Act 1995, the Parliamentary Committees Act 1991, the Parliamentary Remuneration Act 1990, the Petroleum Act 2000, the Soil Conservation and Land Care Act 1989, the South Eastern Water Conservation and Drainage Act 1992 and the Water Resources Act 1997; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 8 July 2003                                                      R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No. 1.  Page 1 (Long Title) - Leave out "the Parliamentary Remuneration Act 1990,".

 

No. 2.  Page 14, line 8 (clause 9) - Leave out "to approve, or".

 

No. 3.  Page 15, line 18 (clause 9) - Leave out "in" and insert:

 

            when

 

No. 4.  Page 19 (clause 14) - After line 21 insert the following:

 

(10) An authorised officer must, before exercising powers under this section in relation to a person, insofar as is reasonably practicable, provide to the person a copy of an information sheet that sets out information about the source and extent of the authorised officer's powers under this section, and about the action that may be taken against the person if he or she fails to comply with a requirement or direction of an authorised officer under this section.

 

                    (11) For the purposes of subsection (10), an information sheet is a document approved by the Minister for the purposes of that subsection.

 

No. 5.  Page 22, line 31 (clause 18) - Leave out "must" and insert:

 

should take reasonable steps to

 

No. 6.  Page 29, line 2 (clause 22) - After "assessing" insert:

 

applications for

 

No. 7.  Page 29, line 5 (clause 22) - After "assessing" insert:

 

applications for

 

No. 8.  Page 35 (clause 26) - After line 33 insert the following:

 

(4a) If an emergency protection order is issued orally, the authorised officer who issued it must confirm it in writing at the earliest opportunity by written notice given to the person to whom it applies.

 

No. 9.  Page 49, clause 5 (Schedule) - After line 27 insert:

 

(ca)  by inserting after paragraph (f) of section 24(1) the following paragraph:

 

             (fa)  where the purpose of the amendment is to promote the objects of the River Murray Act 2002 or the Objectives for a Healthy River Murray under that Act within the Murray-Darling Basin—by the Minister; or

 

No. 10.             Page 49, lines 28 to 33, clause 5 (Schedule) - Leave out paragraph (d) and insert:

 

(d)  by inserting after subsection (2) of section 24 the following subsection:

 

(3) The Minister must, in relation to the preparation of an amendment by a council or the Minister under subsection (1) that relates to a Development Plan or Development Plans that relate (wholly or in part) to any part of the Murray‑Darling Basin, consult with the Minister for the River Murray.;

 

No. 11.             Page 49, lines 34 to 38, and page 50, lines 1 to 21, clause 5 (Schedule) - Leave out paragraphs (e) to (l).

 

No. 12.             Page 53, lines 7 to 9, clause 7 (Schedule) - Leave out paragraph (b) (and the word “and” immediately preceding that paragraph).

 

No. 13.             Page 53, lines 20 to 22, clause 7 (Schedule) - Leave out paragraph (b) (and the word “and” immediately preceding that paragraph).

 

No. 14.             Page 53, lines 31 to 33, clause 7 (Schedule) - Leave out paragraph (b) (and the word “and” immediately preceding that paragraph).

 

No. 15.             Page 53, lines 35 to 38, clause 7 (Schedule) - Leave out subsection (3b).

 

No. 16.             Page 64, line 5, clause 17 (Schedule) - Leave out paragraph (i) and insert:

 

(i)  the River Murray Parliamentary Committee;;

 

 

 

No. 17.             Page 64, line 7, clause 17 (Schedule) - Leave out heading and insert:

 

Part 5D—River Murray Parliamentary Committee

 

No. 18.             Page 64, line 10, clause 17 (Schedule) - Leave out "Natural Resources Committee" and insert:

 

River Murray Parliamentary Committee

 

No. 19.             Page 64, clause 17 (Schedule) - After line 15 insert the following:

 

(2a) The members of the Committee are not entitled to remuneration for their work as members of the Committee.

 

No. 20.             Page 64, lines 24 to 37, and page 65, lines 1 to 4, clause 17 (Schedule) - Leave out paragraphs (a) and (b) and insert:

 

(a) to take an interest in and keep under review the protection, improvement and enhancement of the River Murray; and

(b) to consider the extent to which the Objectives for a Healthy River Murray are being achieved under the River Murray Act 2002; and

                    (ba)   to consider and report on each review of the River Murray Act 2002 undertaken under section 11 of that Act; and

                    (bb)   to consider the interaction between the River Murray Act 2002 and other Acts and, in particular, to consider the report in each annual report under that Act on the referral of matters under related operational Acts to the Minister under that Act; and

                    (bc)   at the end of the second year of operation of the River Murray Act 2002, to inquire into and report on—

                             (i)     the operation of subsection (5) of section 22 of that Act, insofar as it has applied with respect to any Plan Amendment Report under the Development Act 1993 referred to the Governor under that subsection; and

                             (ii)    the operation of section 24(3) of the Development Act 1993; and

 

No. 21.             Page 65, lines 7 to 11, clause 17 (Schedule) - Leave out subsection (2).

 

No. 22.             Page 65, lines 12 to 16, clause 18 (Schedule) - Leave out this clause.

 

No. 23.             Page 78, line 40 (Schedule) - Leave out “this clause” and insert:

 

subclause (2)

 

No. 24.             Page 78 (Schedule) - After line 42 insert the following:

 

(4) The first review required by section 11 must be undertaken by the end of the 2004/2005 financial year and the outcome of that review must be reported on as part of the Minister's annual report to Parliament for that financial year.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for tomorrow.

 

         Nurses (Nurses Board Vacancies) Amendment Bill                                 Message No 107

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Nurses Act 1999, without any amendment.

         Legislative Council, 8 July 2003                                                      R R Roberts, PRESIDENT

 

 

 

 

 

         Printing Committee – Notification of appointment                                  Message No 108

MR SPEAKER - The Legislative Council informs the House of Assembly that it has appointed The Hon JMA Lensink to the Printing Committee in place of The Hon D V Laidlaw, resigned.

         Legislative Council, 9 July 2003                                                      R R Roberts, PRESIDENT

 

         Environment, Resources and Development Committee – Notification of appointment

Message No 109

MR SPEAKER - The Legislative Council has appointed The Hon D W Ridgway to the Environment, Resources and Development Committee in place of The Hon D V Laidlaw, resigned.

         Legislative Council, 9 July 2003                                                      R R Roberts, PRESIDENT

 

         Social Development Committee – Notification of appointment              Message No 110

MR SPEAKER - The Legislative Council informs the House of Assembly that it has appointed The Hon JMA Lensink to the Social Development Committee in place of The Hon D W Ridgway, resigned.

         Legislative Council, 9 July 2003                                                      R R Roberts, PRESIDENT

 

         Statutes Amendment (Notification of Superannuation Entitlements) Bill

Message No 111

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988, without any amendment.

         Legislative Council, 9 July 2003                                                      R R Roberts, PRESIDENT

 

         Summary Procedure (Classification of Offences) Amendment Bill No 2

Message No 112

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Summary Procedure Act 1921, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 10 July 2003                                                    R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for tomorrow.

 

         Coroners Bill                                                                                           Message No 113

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the appointment of the State Coroner and other coroners; to establish the Coroner’s court; to make related amendments to other Acts and statutory instruments; to repeal the Coroner’s Act 1975; and for other purposes, with the amendments indicated by the annexed Schedule to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 10 July 2003                                                    R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No. 1  Page 16, lines 12 and 13 (clause 25) - Delete subclause (4) and substitute:

(4) The Court must, as soon as practicable after the completion of the inquest, forward a copy of its findings and recommendations (if any)—

 

             (a)    to the Attorney-General; and

 

             (b)    in the case of an inquest into a death in custody, to—

 

                            (i)     any other Minister (whether in this jurisdiction or some other jurisdiction) responsible for the administration of the Act or law under which the deceased was being detained, apprehended or held at the relevant time; and

                            (ii)    each person who appeared personally or by counsel at the inquest; and

                            (iii)   any other person who, in the opinion of the Court, has a sufficient interest in the matter.

 

                     (5) If the findings on an inquest into a death in custody include recommendations made by the Court, the Attorney-General must, within 6 months after receiving a copy of the findings and recommendations—

 

             (a)    cause a report to be laid before each House of Parliament giving details of any action taken or proposed to be taken by any Minister or other agency or instrumentality of the Crown in consequence of those recommendations; and

             (b)    forward a copy of the report to the Court.

 

No. 2   Page 21 - After line 11 insert new clause as follows:

Annual report

                     38A. (1) The State Coroner must, on or before 31 October in each year, make a report to the Attorney-General on the administration of the Coroner's Court and the provision of coronial services under this Act during the previous financial year.

 

                    (2) The report must include all recommendations made by the Coroner's Court under section 25 during that financial year.

 

                    (3) The Attorney-General must, within 12 sitting days after receiving a report under this section, cause copies of the report to be laid before both Houses of Parliament.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

9       Select Committee on Genetically Modified Organisms - Leave to sit

The Deputy Premier (Hon K O Foley), by leave, moved - That the Select Committee on Genetically Modified Organisms have leave to sit during the sittings of the House this week.

Question put and passed.

 

10      Industrial Relations Commission Panel Member - Motion re

The Deputy Premier, pursuant to notice, moved - That pursuant to sections 30 and 34 of the Industrial Relations Act 1934 the nominee of this House to the panel to consult with the Minister about appointments to the Industrial Relations Commission of South Australia be the Member for Davenport.

         Question put and passed.

 

11      Postponement of business

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

 

12      Select Committee on the Cemetery Provisions of the Local Government Act – Power to Act and extension of time for bringing up Report

Order of the Day read for bringing up the Report of the Select Committee on the Cemetery Provisions of the Local Government Act.

The Deputy Premier, by leave, moved - That the Select Committee on Cemetery Provisions of the Local Government Act have the power to continue its sittings during the recess and that the time for bringing up of the report be extended until the first day of the next session.

Question put and passed.

 

13      Select Committee on Genetically Modified Organisms - Extension of time for bringing up       Report

Order of the Day read for bringing up the Final Report of the Select Committee on Genetically Modified Organisms.

Ordered - on motion of the Deputy Premier - That the time for bringing up the Report be extended until 17 July 2003.

 

14      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 4 to 27 be postponed and taken into consideration after Order of the Day: Government Business No 38.

 

15      Stamp Duties (Rental and Mortgage Duty) 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.

 

16      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 29 to 37 be postponed and taken into consideration after Order of the Day: Government Business No 38.

 

17      Joint Committee on a Code of Conduct for Members of Parliament - Motion re

Order of the Day read for the adjourned debate on the motion of the Premier (Hon M D Rann) - That it is the opinion of this House, a Joint Committee be appointed to inquire into and report no later than 1 October 2003, upon the adoption of a Code of Conduct for all Members of Parliament, and in doing so consider -

(a)      a Code of Conduct for all Members of Parliament, addressing -

(i)             the integrity of Parliament;

(ii)            the primacy of the public interest over the furthering of private interests;

(iii)          disclosure of interest;

(iv)           conflict of interest;

(v)            independence of action (including bribery, gifts and personal benefits, sponsored travel/accommodation, paid advocacy);

(vi)           use of entitlements and public resources;

(vii)         honesty to Parliament and the public;

(viii)        proper relations with Ministers and the public service;

(ix)          confidentiality of information;

(x)           appropriate use of information and inside information;

(xi)          Government contracts; and

(xii)        duties as a Member of Parliament;

(b)           a procedure for enforcement of the Code by Parliament that ensures effective investigation and adjudication of complaints, is impartially administered and protects members who are the subject of an allegation in a similar way to a court or professional disciplinary body;

(c)           an appropriate method by which Parliament should adopt a Code (e.g. by legislation, resolution, Standing Order or any other method), taking into consideration how best to engender knowledge and understanding of it by the public as well as by Members;

(d)           the relationship between the Code and statutory requirements for disclosure of Members’ financial interests; and

(e)           an introductory and continuing ethical and constitutional education program for Members, having regard to -

(i)             the discussion paper and draft Code of Conduct for Members of Parliament prepared by the Legislative Review Committee in 1996;

(ii)            standards of conduct required of public servants by the Public Sector Management Act 1995;

(iii)          the way other jurisdictions (including the UK and Canada) have developed - codes of conduct and draft codes of conduct for Members of Parliament, enforcement procedures, advisory services for Members, introductory and continuing legal education programs and informing the public about the code and its enforcement; and

(iv)           written submissions from members of the public and from persons with expertise in the areas under report:

and in the event of a Joint Committee being appointed, that the House of Assembly be represented on the Committee by three Members, of whom two shall form a quorum of Assembly Members necessary to be present at all sittings of the Committee; and that a message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto

         Debate resumed.

The Minister for Infrastructure (Hon P F Conlon), moved to amend the motion by leaving out the words “and report no later than 1 October 2003, upon” ; by inserting in paragraph (b) after “ensures” the words “recognition of the responsibility of each House of Parliament for its own affairs and the supremacy of the institution of Parliament in the Westminster system,” ; by inserting after “allegation” the words “(including trivial and vexatious complaints)” ; and by inserting after paragraph (d) the paragraph “(da) whether a code of conduct should be adopted for officers of the Parliament; and” .

Debate resumed.

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

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

 

18      Extension of time for adjournment

Ordered, on motion of the Minister for Infrastructure - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

19      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 4 to 25 be postponed and taken into consideration after Order of the Day: Government Business No 26.

 

20      Waterworks (Save the River Murray Levy) 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.

 

 

____________

 

It being Midnight the debate was adjourned (Treasurer (Hon K O Foley), by leave).

____________

 

 

21      Adjournment

At midnight the Speaker adjourned the House until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 15 July 2003

 

Notice of Motion: Government Business -

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend the Public Sector Management Act 1995.

 

            For Wednesday 16 July 2003

 

 

 

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

 

Mr Caica to move – That the Third Report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation entitled Referral of the Statutes Amendment Workcover Governance Reform) Bill to the Occupational Safety, Rehabilitation and Compensation Committee be noted.

 

Mr Caica to move – That the Fourth Report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation Committee entitled the Annual Report 2002/03 be noted.

 

Ms Thompson to move – That the Forty Third Report of the Economic and Finance Committee on the Emergency Services Levy 2003/04 Interim Report be noted.

 

            For Thursday 17 July 2003

 

Notices of Motion:  Other Motions -

 

Mr Hamilton-Smith to move – That this House calls on the Government to –

(a)       take action in securing the long term future of South Australia’s Historic Steam Train and Tramways with the provision of affordable insurance coverage from the Motor Accident Commission, the South Australian Government Captive Insurance Corporation or similar provider;

(b)       investigate the feasibility of an annual two week Historic Steam Train and Tramways Festival managed by Australian Major Events and promoted to interstate, intrastate and overseas visitors; and

recognise that a vibrant Historic Steam Train and Tramways Industry is vital to regional tourism.

 

Hon D C Kotz to move – That this House –

(a)       condemns the Government for –

(i)             withdrawing funding support for the 2005 Adelaide Inter-Dominion Championships, identified by the International Trotting Association as one of the world’s seven greatest races;

(ii)            its failure to assess the overall economic, tourism and business benefits this event brings to this State;

(iii)          its failure to assess the future impact on harness racing in South Australia if this event is not held;

(iv)           its failure to negotiate a Government funding guarantee which would enable Harness Racing SA to extend timelines in seeking further sponsorship funding in lieu of the loss of financial support from this Government; and

(b)       notes the failure of the Minister for Racing to support one of South Australia’s most prestigious and beneficial sporting events, and urges the Government to reinstate funding support for this event.

 

____________

 

 

Present during the day - All Members except Mr Venning.

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY