No 84

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 16 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 134 to 136

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

 

134 Hon D C Kotz, from 87 electors of South Australia, requesting the House to call on the Government to categorically declare that Modbury Public Hospital will not be closed, amalgamated or any current services withdrawn (including the new maternity wing).

 

135 Hon D C Kotz, from 57 electors of South Australia, requesting that the House review cuts made to the Adult and Community Education Funding Scheme with a view to urging the Government to reinstate these important social inclusion programs.

 

136 Hon D C Kotz, from 20 electors of South Australia, requesting the House to reject Voluntary Euthanasia legislation and uphold the present law of homicide, while maintaining the right of patients to refuse treatment and to support palliative care procedures.

 

3       Answer to question

An answer to a question without notice was tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Minister for Local Government (Hon R J McEwen) –

      Rules under the following Act –

                  Local Government – Superannuation Scheme – Interest Commencement

 

      Local Council By-Laws –

                  District Council of Mount Barker

                        No 1- Permits and Penalties

                        No 2 - Moveable Signs

                        No 3 - Roads

                        No 4 - Local Government Land

                        No 5 - Dogs

 

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

            Government Response to Cox Review.

 

5       Legislative Review Committee - Report – Thirtieth

Mr Hanna brought up the Thirtieth Report of the Committee.

Report received.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Tobacco Products Regulation (Offences by Children) Amendment Bill

Hon R B Such, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

Question put and passed.

         Bill presented and read a first time.

 

         Hon R B Such moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Meier, that the debate be adjourned until 6 August.

 

9       Message from the Legislative Council

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

 

Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill

Message No 115

MR SPEAKER - The Legislative Council has, in reply to Message No 127 from the House of Assembly, agreed to grant a Conference on the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of 5.45 pm this day to receive the Managers on behalf of the House of Assembly, at the Plaza Room on the first floor of the Legislative Council.

         Legislative Council, 16 July 2003                                                    R R Roberts, PRESIDENT

 

Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

 

Conference – Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill

      Ordered, on motion of the Minister for Transport (Hon M J Wright) – That the sitting of the House be continued during the Conference with the Legislative Council on the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill

 

10      Impact of Child Birth - Reference to the Social Development Committee - Motion re

Ms Bedford, pursuant to notice, moved - 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 in 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.

         Debate ensued.

         Question put and passed.

 

11      Parliamentary Remuneration (Powers of Remuneration Tribunal) Amendment Bill

Hon R B Such, pursuant to notice, moved - 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.

Question put and passed.

         Bill presented and read a first time.

 

         Hon R B Such moved - That this Bill be now read a second time.

 

 

         Suspension of Standing Orders

Hon R B Such, without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through all stages without delay.

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

 

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.

 

12      Public Works Committee - Report – Bookpurnong and Loxton Salt Interception Scheme - Motion to note

Mr Caica, pursuant to notice, moved - That the One Hundred and Eighty-Ninth Report of the Committee on the Bookpurnong and Loxton Salt Interception Scheme be noted.

Debated ensued.

Question put and passed.

 

13      Public Works Committee - Report – Women’s and Children’s Hospital Emergency Department Redevelopment - Motion to note

Mr Caica, pursuant to notice, moved - That the One Hundred and Ninetieth Report of the Committee on the Women’s and Children’s Hospital Emergency Department Redevelopment be noted.

Debated ensued.

Question put and passed.

 

14      Criminal Law (Forensic Procedures) Act 1998 – Regulations – Qualified Persons Fees - Motion to disallow

Mr Hanna, pursuant to notice, moved - That the Regulations under the Criminal Law (Forensic Procedures) Act 1998 entitled Qualified Persons Fees, made on 8 May 2003 and laid on the table of this House on 13 May 2003, be disallowed.

         Question put and passed.

 

15      Listening and Surveillance Devices Act 1972 – Regulations – Records and Warrants - Motion to disallow

Mr Hanna, pursuant to notice, moved - That the Regulations under the Listening and Surveillance Devices Act 1972 entitled Records and Warrants, made on 12 December 2002 and laid on the table of this House on 18 February 2003, be disallowed.

         Question put and passed.

 

16      Criminal Injuries Compensation Act 1978 – Regulations – Scale of Costs - Motion to disallow

Mr Hanna, pursuant to notice, moved - That the Regulations under the Criminal Injuries Compensation Act 1978 entitled Scale of Costs, made on 12 December 2002 and laid on the table of this House on 18 February 2003, be disallowed.

         Question put and passed.

 

17      Victims of Crimes Act 2001 – Regulations – Application Costs and Levy - Motion to disallow

Mr Hanna, pursuant to notice, moved - That the Regulations under the Victims of Crime Act 2001 entitled Application Costs and Levy, made on 19 December 2002 and laid on the table of this House on 18 February 2003, be disallowed.

         Question put and passed.

 

18      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 15 to 18 be postponed until 6 August.

19      Freedom of Information Act 1991 – Regulations – Essential Services Commission - Motion to disallow

Mr Hanna, pursuant to notice, moved - That the Regulations under the Freedom of Information Act 1991 entitled Essential Services Commission  made on 31 October 2002 and laid on the table of this House on 18 November 2002, be disallowed.

         Question put and passed.

 

20      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 22 and 23 be postponed until 6 August.

 

21      Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation - Report - Referral of the Statutes Amendment (WorkCover Governance Reform) Bill to the Occupational Safety, Rehabilitation and Compensation Committee  - Motion to note

Mr Caica, pursuant to notice, moved - That the Third Report of the Committee on the Referral of the Statutes Amendment (WorkCover Governance Reform) Bill to the Committee be noted.

Debated ensued.

Question put and passed.

 

22      Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation - Report – Annual Report 2002-2003 - Motion to note

Mr Caica, pursuant to notice, moved - That the Fourth Report of the Committee being the Annual Report 2002-2003 be noted.

Question put and passed.

 

23      Economic and Finance Committee - Report – Emergency Services Levy 2003/04 – Interim Report - Motion to note

Ms Thompson, pursuant to notice, moved - That the Forty Third Report of the Economic and Finance Committee relating to the Emergency Services Levy 2003/04 – Interim Report be noted.

Debated ensued.

Question put and passed.

 

24      Postponement of business

Ordered, severally - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 28 be postponed until 6 August.

 

25      Conference – Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill

The Minister for Infrastructure reported as follows:

I have to report that the Managers have been at the Conference on the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill, which was managed on the part of the Legislative Council by the Hon P Holloway, Hon R K Sneath, Hon D W Stephens, Hon R D Lawson and Hon D W Ridgway and we there delivered the Bill, together with the resolution adopted by this House and thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective Houses that the following resolutions be agreed to.

 

As to Amendments Nos. 1 to 4

 

             That the Legislative Council do not further insist on these amendments.

 

26      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration on motion.

 

27      Chicken Meat Industry Bill

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

The Minister for Tourism (Hon J D Lomax-Smith) moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Goldsworthy, that the debate be adjourned and resumed on motion.

 

28      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 7.

 

29      Statutes Amendment (Honesty and Accountability in Government) Bill

Order of the Day read for the consideration of the Message from the Legislative Council in this Bill.

 

In Committee

Resolved – That the disagreement to Amendment No 9 of the Legislative Council be not insisted on.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Message referred to it and had resolved to not insist on its disagreement to Amendments No 9 of the Legislative Council.

 

30      Summary Procedure (Classification of Offences) Amendment Bill No 2

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.

 

31      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 5 and 6 be postponed and taken into consideration after Order of the Day: Government Business No 7.

 

32      Coroners Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

 

In Committee

Resolved – That Amendment No 1 be disagreed to and an alternative amendment be made in lieu thereof.

Resolved – That Amendment No 2 be agreed to.

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         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had disagreed to Amendment No 1 and had made an alternative amendment in lieu thereof; and had agreed to Amendment No 2 without amendment.

 

33      Chicken Meat Industry Bill

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

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.

 

34      Message from the Legislative Council

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

 

         Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill   Message No 116

MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill, has agreed to the same.  The Bill is returned herewith.

         Legislative Council, 16 July 2003                                                    R R Roberts, PRESIDENT

 

 

Ordered - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole for consideration of the recommendations of the Conference.

 

In Committee

 

Resolved - That the recommendations of the Conference be agreed to.

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The House having resumed:

Hon R B Such reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

35      Postponement of business

Ordered - That Order of the Day: Government Business No 2 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

36      University of Adelaide (Miscellaneous) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

 

Clause No 4 further considered.

 

Mr Hanna moved on page 3, to leave out all words in lines 21 and 22.

Question – That the amendment be agreed to - put and negatived.

 

Clause agreed to.

Clauses Nos 5 to 12 agreed to.

Clause No 13 amended and agreed to.

Clause No 14 read.

 

 

Ms Chapman moved on page 8, after line 4, to insert new subclause (1a) as follows:

 

             (1a) Section 12(1)(b)—delete "and six" and insert:

                              , a nominee of the Academic Board, a staff member (elected by the academic and general staff), two graduates (elected in the same manner as a member of the Council elected under section 12(1)(h)) and two

Question – That the amendment be agreed to - put and negatived.

 

Mr Hanna moved on page 8, lines 8 and 9, to leave out subclause (4) and insert:

 

             (4) Section 12(1)(g)—delete "one of whom must be an undergraduate student" and substitute:

                              two of whom must be undergraduate students

Question – That the amendment be agreed to - put and negatived.

 

Clause otherwise amended and agreed to.

Clauses Nos 15 and 16 agreed to.

Clause No 17 read.

 

Ms Chapman moved on page 9, lines 1 to 6, to leave out subclauses (2) and (3); line 10, to leave out the words "Maximum penalty: $20 000 or imprisonment for 4 years." ; line 23, to leave out the words "Maximum penalty: $20 000."; on page 10, line 9, to leave out the words "Maximum penalty: $20 000." ; lines 12 to 13, to leave out the words "an associate of the member" and insert: “the member's spouse” ; line 19 to page 11, line 5, to leave out subclause (10) and insert:

             (10) In this section—

                                      "spouse" includes a putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975).

on page 11, lines 10 to 17, leave out subclause (1) ; lines 19 and 20, leave out "(whether or not proceedings have been brought for the offence)".

 

Question – That the amendments be agreed to - put and negatived.

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

37      Extension of time for adjournment

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

 

38      University of Adelaide (Miscellaneous) Amendment Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

Clause No 17 further considered and agreed to.

Clause No 18 read.

 

Ms Chapman moved on page 11, line 27, after "sections" insert:

 

and substitute:

 

                    Annual general meeting

                     18. (1) The Council must, within two months of the commencement of each financial year, convene and attend an annual general meeting of the University community.

 

                                      (2) The Vice-Chancellor, or in the absence of the Vice-Chancellor, a member of the Council chosen by the Council, must preside at a meeting convened under subsection (1).

 

                                      (3) At least 28 days notice of a meeting under subsection (1) must be given in a manner determined by the Council.

 

                                      (4) The business and procedures of a meeting under subsection (1) will be determined by the Council.

 

                                      (5) In this section—

 

                                      "University community" means the Council, members of the academic staff, members of the general staff, graduates and students.

 

Question – That the amendment be agreed to - put and negatived.

 

Clauses Nos 18 and 19 agreed to.

Clause No 20 amended and agreed to.

Clause No 21 agreed to.

 

Ms Chapman moved on page 13, after line 8 to insert new clause No 21A as follows.

 

              Insertion of section 23A

                               21A. After section 23 insert:

 

                              Promulgation of rules and by-laws

                                      23A. The Council must—

 

                                      (a)     cause the rules and by-laws to be published, in consolidated form, at least once in each calender year; and

 

                                      (b)     ensure that a copy of the rules and by-laws, in consolidated form, may be inspected free of charge at a reasonable time and place by any person; and

 

                                      (c)     ensure that a copy of the rules and by-laws, in consolidated form, may be purchased at reasonable cost by any person.

 

Question – That new clause No 21A be inserted – put and negatived.

 

Clauses Nos 22 and 23 agreed to

Scheduled agreed to.

Title agreed to.

 

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         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.

 

 

39      Adjournment

House adjourned at 10.25 pm until tomorrow at 10.30 am.

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

            For Thursday 17 July 2003

 

Notice of Motion:  Other Motions –

 

The Leader of the Opposition (Hon R G Kerin) to move – That as a priority in the next Session of this Parliament, this House calls on the Government to establish a Royal Commission with power to inquire into

(a)           the incidence of sexual abuse of children in this State who, at the time that the sexual abuse occurred, were in the custody of, or under the guardianship or care and control of, the Minister or an agency or instrumentality of the Crown;

(b)           the incidence of sexual abuse of children in this State that occurred while the children were engaged in recreational, sporting, educational or other activities conducted by, or under the auspices of a non-Government agency or organisation;

(c)           the incidence of sexual abuse of children in this State committed by employees of, or volunteers in, an agency or instrumentality of the Crown, a local Government body or a non-Government agency or organisation; and

(d)           the adequacy of existing measures which provide assistance and support to victims of child sexual abuse.

 

 

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Present during the day - All Members except Hon J W Weatherill.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY