No 82

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

         WEDNESDAY 9 NOVEMBER 2005

 

 

1       Meeting of House

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

 

2       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.

 

3        Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 29

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 fourth Session of the 50th Parliament, viz.-

No. 47 of 2005         An Act to amend the Maritime Services (Access) Act 2000.

No. 48 of 2005         An Act to amend the Broken Hill Proprietary Company’s Steel Works Indenture Act 1958.

No. 49 of 2005         An Act to amend the Bail Act 1985, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935.

No. 50 of 2005         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.

No. 51 of 2005         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.

No. 52 of 2005         An Act to amend the Pitjantjatjara Land Rights Act 1981.

No. 53 of 2005         An Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

No. 54 of 2005         An Act to amend the Electrical Products Act 2000.

No. 55 of 2005         An Act to provide for the recognition of carers; and for other purposes.

Government House, 9 November 2005                                M Jackson-Nelson, GOVERNOR

 

4       Paper

         The following Paper was tabled:

 

By the Minister for Health (Hon J D Hill) –

      Food Act 2001 - Administration of – Report 2004-2005.

 

5       Economic and Finance Committee - Report – Crown Solicitor’s Trust Account

Ms Thompson brought up the Fifty Seventh Report of the Economic and Finance Committee on the Crown Solicitor’s Trust Account.

Report received.

Ordered to be published (Paper No 234).

 

6       Legislative Review Committee - Reports – Twenty Ninth and Thirtieth

 

Twenty Ninth Report

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

Report received.

 

Thirtieth Report

Mr Hanna brought up the Thirtieth Report of the Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

Public Sector Management Act 1995 – Exemptions

South Australian Housing Trust Act 1995 – Disclosure of Interest

Public Corporations Act 1993 – South Australian Health Commission

Fisheries Act 1982 -

      Management Committees

      Commercial Netting Closures.

 

7       Public Works Committee - Reports – City Central Tower 1 Office Accommodation Fit Out and the Queen Elizabeth Hospital Redevelopment Project – Stage 2

 

City Central Tower 1 Office Accommodation Fit Out

Mr Caica brought up the Two Hundred and Twenty Ninth Report of the Public Works Committee on the City Central Tower 1 Office Accommodation Fit Out.

Report received.

Ordered to be published (Paper No 232).

 

The Queen Elizabeth Hospital Redevelopment Project – Stage 2

Mr Caica brought up the Two Hundred and Thirtieth Report of the Public Works Committee on the Queen Elizabeth Hospital Redevelopment Project – Stage 2.

Report received.

Ordered to be published (Paper No 233).

 

8       Questions

Questions without notice were asked.

 

Member named

The Speaker named the Member for Schubert (Mr Venning), for refusing to accept the authority of the Chair.

The Member made an apology which was accepted by the Chair.

 

Questions

Questions without notice (interrupted by the foregoing) resumed.

 

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Native Vegetation (Miscellaneous) Amendment Bill

Hon G M Gunn, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Native Vegetation Act 1991.

Question put and passed.

         Bill presented and read a first time.

 

         Hon G M Gunn moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 30 November.

 

11      Select Committee on the Regulation of the Tattooing and Body Piercing Industries

Mr Rau, pursuant to notice, moved - That the Report of the Select Committee on the Tattooing and Body Piercing Industries be noted.

Ordered, on the motion of Mrs Hall, that the debate be adjourned until Wednesday 23 November.

 

12      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 3 and 4 be postponed until Wednesday 23 November.

 

13      Economic and Finance Committee - Report – Annual Report 2004-05 - Motion to note

Ms Thompson, pursuant to notice, moved - That the Fifty Fifth Report of the Economic and Finance Committee being the Annual Report 2004-05 be noted.

Debated ensued.

Ordered, on the motion of Mr Caica, that the debate be adjourned until Wednesday 23 November.

 

14      Economic and Finance Committee - Report – National Competition Policy - Motion to note

Ms Thompson, pursuant to notice, moved - That the Fifty Fourth Report of the Economic and Finance Committee on National Competition Policy be noted.

Debated ensued.

Question put and passed.

 

15      Public Works Committee - Report – Goldsmith Drive Land Development Proposal – Noarlunga Downs - Motion to note

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

Question put and passed.

 

16      Crown Lands (Prescribed Shack Sites) Amendment Bill

Mr Williams, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Crown Lands Act 1929.

Question put and passed.

         Bill presented and read a first time.

 

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

Ordered, on motion of the Minister for Agriculture, Food and Fisheries (Hon R J McEwen), that the debate be adjourned until Wednesday 23 November.

 

17      Economic and Finance Committee - Report – Construction Industry Training Fund - Motion to note

Ms Thompson, pursuant to notice, moved - That the Fifty Sixth Report of the Economic and Finance Committee on the Construction Industry Training Fund be noted.

Debated ensued.

 

 

 

 

The time for the consideration of Private Members Bills/ Committees/ Regulations having expired, the debate was adjourned (Mrs Geraghty, by leave), and made an Order of the Day for Wednesday 23 November.

 

 

18      Terrorism (Preventative Detention) Amendment Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to authorise temporary detention in order to prevent the occurrence of a terrorist act or preserve evidence of, or relating to, a recent terrorist act; 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 Hon D C Brown, that the debate be adjourned until Monday 21 November.

 

19      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

20      Transplantation and Anatomy (Post Mortem Examinations) 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

Clause No 1 agreed to.

Clause No 2 amended and agreed to.

Clauses Nos 3 and 4 agreed to.

Clause No 5 agreed to.

New Clauses Nos 5A, 5B, 5C, 5D and 5E inserted.

Clause No 6 amended and agreed to.

Title agreed to.

____________

 

         The House having resumed:

Mr Snelling 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.

 

21      Paper

         The following Paper was tabled:

 

By the Minister for Health (Hon J D Hill) -

        Transplantation and Anatomy (Post-Mortem Examinations) Amendment Bill 2005 – Autopsy/Post Mortem Request and Authority Form.

 

22      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.

 

 

 

23      Extension of time for adjournment

Ordered, on motion of the Minister for Families and Communities (Hon J W Weatherill), that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

24      Retirement Villages (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

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

 

25      Adjournment

House adjourned at 10.02 pm until tomorrow at 10.30 am.

 

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

            For Wednesday 23 November 2005

 

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

 

Ms Thompson to move That the Fifty Seventh Report of the Economic and Finance Committee entitled Crown Solicitor's Trust Account, be noted.

 

Mr Hanna to move – That the Regulations made under the Public Sector Management Act 1995 entitled Exemptions, made on 28 July and laid on the Table of this House on 13 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the South Australian Housing Trust Act 1995 entitled Disclosure Of Interest, made on 28 July and laid on the Table of this House on 13 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Public Corporations Act 1993 entitled South Australian Health Commission, made on 28 July and laid on the Table of this House on 13 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Fisheries Act 1982 District Court Act 1991 entitled Management Committees, made on 28 July and laid on the Table of this House on 13 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Fisheries Act 1982 District Court Act 1991 entitled Commercial Netting Closures, made on 28 July and laid on the Table of this House on 13 September, be disallowed.

 

Mr Caica to move That the Two Hundred and Twenty Ninth Report of the Public Works Committee on the City Central Tower 1 Office Accommodation Fit Out, be noted.

 

Mr Caica to move That the Two Hundred and Thirtieth Report of the Public Works Committee on the Queen Elizabeth Hospital Redevelopment - Stage 2, be noted.

 

____________

 

Present during the day - All Members except the Minister Assisting the Premier in Social Inclusion (Hon L Stevens).

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY