No 85

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 22 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        Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                                         Message No 30

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. 56 of 2005         An Act to provide for the appointment of justices of the peace; to repeal the Justices of the Peace Act 1991; and to make related amendments to various other Acts.

No. 57 of 2005         An Act to amend the Liquor Licensing Act 1997.

No. 58 of 2005         An Act to amend the River Murray Act 2003 and to make related amendments to the Development Act 1993 and the Renmark Irrigation Trust Act 1936.

Government House, 22 November 2005                               M Jackson-Nelson, GOVERNOR

 

3       Petitions Nos 123 to 124

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

 

123 Mrs Penfold, from 3492 residents of South Australia, requesting the House to urge the Port Lincoln City Council to immediately install signs along the City’s main beach to warn of the potential danger of sharks and a siren to alert swimmers that a shark is in the vicinity and to provide a tidal pool and shark shield in the near future.

 

124 Hon I P Lewis, from 85 residents of South Australia, requesting the House to urge the Minister for Transport to provide the people of Murray Bridge with a bus service identical to that offered in Mount Gambier; with the capacity for residents to phone and obtain a bus within an hour.

 

4       Papers

         The following Papers were tabled:

 

By the Speaker –

      Auditor General– Agency Audit Report – Supplementary Report

      Ordered to be published (Paper No 4G).

 

By the Premier (Hon M D Rann) –

      Auditor-General's Department, Operations of – Report 2004-2005

      Australasia Railway Corporation – Report 2004 - 2005

      Capital City Committee – Adelaide – Report 2004-2005

      Promotion and Grievance Appeals Tribunal – Report 2004-2005

 

By the Minister for Transport (Hon P F Conlon) –

      Transport, Energy and Infrastructure, Department for – Report 2004-2005

 

      Regulations under the following Acts –

                  Motor Vehicles – Speeding Demerit Points

                  Road Traffic –

                        Expiation fees

                        Licence Disqualification

 

By the Minister for Infrastructure (Hon P F Conlon) –

      Land Management Corporation – Report 2004-2005

 

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

      Legal Practitioners Education and Admission Council (LPEAC) – Report 2004-2005

 

      Regulations under the following Act –

                  Criminal Law Consolidation – Flinders Private Hospital

 

      Rules of Court –

                  Magistrates Court – Cancellation of Probationary Licence

 

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

      Chiropractors Board of South Australia – Report 2004-2005

      Nurses Board of South Australia – Report 2004-2005

      Occupational Therapists Registration Board of South Australia – Report 2004-2005

      Pharmacy Board of South Australia – Report 2004-2005

      Physiotherapists Board of South Australia – Report 2004-2005

      SA Ambulance Service – Report 2004-2005

      Psychological Board, South Australian – Report 2004-2005

      Pandemic Influenza – A Summary of Health’s Operational Plan

 

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

      Coast Protection Board – Report 2004-2005

      Native Vegetation Council – Report 2004-2005

 

      Regulations under the following Act –

                  Heritage Places – General

 

By the Minister for Administrative Services (Hon M J Wright) –

      Freedom of Information Act – Report 2004-2005

      State Supply Board – Report 2004-2005

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Industrial Relations Commission, President of and Industrial Relations Court, Senior Judge of – Report 2004-2005

 

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

      Liquor and Gambling Commissioner, Office of – Report 2004-2005

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Regulations under the following Act –

                  Development – Systems Indicators

 

By the Minister for Families and Communities (Hon J W Weatherill) –

      Community Benefit SA – Report 2004-2005

 

      Regulations under the following Act –

                  Correctional Services – Prohibited Items

 

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

      Housing Trust, South Australian – Triennial Review Final Report – September 2005

 

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

      Ageing, Office for – Report 2004-2005

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Acts –

                  Liquor Licensing – Victor Harbor Holiday Dry Areas.

 

5       Aboriginal Lands Parliamentary Standing Committee - Report – Annual Report 2004-05

Ms Breuer brought up the Annual Report 2004-05 of the Aboriginal Lands Parliamentary Standing Committee.

Report received.

 

6       Social Development Committee – Report – NHMRC Ethical Guidelines on the use of Assisted Reproductive Technology in Clinical Practice and Research 2004

Hon P L White brought up the Twenty-Third Report of the Social Development Committee on NHMRC Ethical Guidelines on the use of Assisted Reproductive Technology in Clinical Practice and Research 2004.

Report received.

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Economic and Finance Committee - Substitution of Member

The Minister for Education and Children’s Services, by leave, moved - That Mr Goldsworthy be appointed to the Economic and Finance Committee in place of Hon I F Evans, resigned.

Question put and passed.

 

10      Message from the Legislative Council

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

 

         Statutes Amendment (Relationships No 2) Bill                                        Message No 111

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend various Acts to make provision for same sex couples to be treated on an equal basis with opposite sex couples; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 21 November 2005                                            R R Roberts, PRESIDENT

 

         Bill read a first time.

 

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

 

11      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 3.

 

12      Terrorism (Preventative Detention) 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.

 

13      Member named

The Speaker named the Attorney-General for refusing to accept the authority of the Chair.

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

 

14      Terrorism (Preventative Detention) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

15      Extension of time for adjournment

Ordered, on motion of the Attorney-General, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

16      Terrorism (Preventative Detention) Amendment Bill

 

In Committee

Clauses Nos 1 and 2 agreed to.

Clause No 3 read.

 

Mr Hanna moved on page 4, after line 19, to insert:

public interest monitor means a person appointed as a public interest monitor by the Legal Services Commission;

Question – That the amendment be agreed to - put.

 

         Committee divided (No 1):

 

           Ayes, 4

 

           Noes, 33

Mr Brindal

Ms Bedford

Hon I P Lewis

Hon D C Brown

Mrs Penfold

Mr Caica

Mr Hanna (Teller)

Ms Chapman

 

Ms Ciccarello

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Hon R G Kerin

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon K A Maywald

 

Hon R J McEwen

 

Dr McFetridge

 

Mr Meier

 

Mr O'Brien

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Hon P L White

 

Hon M J Wright

 

Hon M J Atkinson (Teller)

 

         So it passed in the negative.

 

Clause No 3 agreed to.

Clause No 4 read.

 

Mr Hanna moved on page 4, lines 38 and 39, page 5, lines 1 to 16, to delete:

subclauses (3), (4) and (5).

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Caica 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 tomorrow.

 

17      Message from the Legislative Council

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

 

         Criminal Law Consolidation (Instruments of Crime) Amendment Bill     Message No 112

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law Consolidation Act 1935, without any amendment.

         Legislative Council, 22 November 2005                                            R R Roberts, PRESIDENT

 

18      Adjournment

House adjourned at 10.17 pm until tomorrow at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 23 November 2005

 

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

 

Ms Breuer to move – That the Annual Report 2004-05 of the Aboriginal Lands Parliamentary Standing Committee, be noted.

 

Hon P L White to move – That the Twenty Third Report of the Social Development Committee entitled NHMRC Ethical Guidelines on the use of Assisted Reproductive Technology in Clinical Practice and Research 2004, be noted.

 

 

            For Thursday 1 December 2005

 

Notices of Motion: Other Motions -

 

Dr McFetridge to move – That this House applauds the impressive victory of the Socceroos against Uruguay on 16 November 2005 and notes with pride, the outstanding contributions made to this success by Adelaide's own Tony Vidmar and John Aloisi, and wishes our Socceroos great success in their World Cup challenge in Germany 2006.

 

Mr Brindal to move – That this House petitions Her Excellency The Governor that, in consequence to the precedent of the Legislative Council, Members of the House of Assembly be afforded the title of ‘Honourable’ following being elected to three Parliaments.

 

Mrs Hall to move – That this House notes the 25th anniversary of the South Australian Multicultural and Ethnic Affairs Commission and –

(a)           pays tribute to the achievements and work of the members of the Commission; and

(b)           thanks the many volunteers within South Australia’s diverse communities who have contributed to the understanding, respect and tolerance that have characterised the success of multicultural policies in South Australia.

 

____________

 

 

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