No 89

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 29 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       Petitions Nos 131 and 132

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

 

131 Mr Brokenshire, from 3700 members of the South Australian Community, requesting the House to urge the Government to facilitate a “Buy South Australian Eggs Campaign” and seek assistance from the Australian Competition and Consumer Commission to investigate the practice and food safety of dumping interstate eggs in South Australia.

 

132 Mr Brokenshire, from 173 residents of South Australia, requesting the House to urge the Government to provide intensive care facilities at Noarlunga Hospital.

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Speaker –

      Pursuant to Section 131 of the Local Government Act 1999 the following 2004-2005 annual report of a Local Council:

                  Whyalla, Corporation of the City of

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Acts –

                  Emergency Services Funding – Private Roads Remissions

                  Superannuation – Transferred Contributors

 

By the Minister for Police (Hon K O Foley)–

      Royal Park Orphanage alleged child manslaughter – Final Report

 

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

      Legal Practitioners Conduct Board – Report 2004-2005

 

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

      Social Development Committee, Response to Inquiry into Multiple Chemical Sensitivity (MCS)

 

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

      Regulations under the following Acts –

                  Natural Resources Management –

                  Refund of Levies

                        Environmental Donations Licence

 

By the Minister for Employment, Training and Further Education (Hon S W Key) –

      University of South Australia

                  Financial Statements 2004

                  Report 2004

 

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

      Development Plan Amendment Reports –

                  Alexandrina Council - Strathalbyn Township Local Heritage

                  City of Campbelltown - Local Heritage Places

                  Town of Gawler - Gawler Urban Boundary

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Advisory Board of Agriculture – Report 2004-2005

      Chicken Meat Industry Act – Report 2003

      Dairy Authority of South Australia – Report 2004 – 2005

      Phylloxera and Grape Industry Board of South Australia – Report 2004-2005

 

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

      Local Government Activities – Report 2004-2005

      Local Government Association of South Australia – Report 2004-2005

      Local Government Superannuation Board – Report 2004-2005

 

By the Minister for the River Murray (Hon K A Maywald) –

      Murray-Darling Basin Commission – Report 2004 – 2005.

 

5        Environment, Resources and Development Committee - Report – City of Adelaide – Central West Precinct Strategic Urban Renewal – Plan Amendment

Ms Breuer brought up the Fifty Seventh Report of the Environment, Resources and Development Committee on the City of Adelaide – Central West Precinct Strategic Urban Renewal – Plan Amendment.

Report received.

Ordered to be published (Paper No 247).

 

6       Questions

Questions without notice were asked.

 

7       Matter of Privilege – Deputy Premier

Hon I F Evans raised as a matter of privilege, the alleged misleading of the House by the Deputy Premier through his answer to a question about a commitment by independent Members of the Cabinet regarding no confidence motions.

The Speaker advised that he would consider the matter and report back to the House.

 

8       Questions

Question without notice (interrupted by the foregoing) resumed.

 

9       Matter of Privilege – Mr Brindal

Hon I P Lewis raised as a matter of privilege, the alleged intimidation by Mr Brindal of Hon I P Lewis by threatening to reveal personal details.

The Speaker advised that he would consider the matter and report back to the House.

 

10      Grievance debate

On motion of the Speaker, the House noted grievances.

 

 

11      Messages from the Legislative Council

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

 

Terrorism (Police Powers) Bill                                                                Message No 117

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to give special powers to police officers to prevent and investigate terrorist acts; to amend the Emergency Management Act 2004; 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, 28 November 2005                                            R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 16, page 9, lines 28 to 31—

   Clause 16(2)—delete subclause (2)

 

Amendment No 2

New clause—

After clause 16 insert:

Division 4A—Constraints on exercise of powers

16A—Constraints on exercise of powers

Powers under this Act must be exercised with care—

(a)    to avoid inflicting unnecessary physical harm, humiliation or embarrassment; and

(b)    to avoid, as far as reasonably practicable, offending genuinely held cultural values or religious beliefs; and

(c)    to avoid causing unnecessary damage to property.

 

Amendment No 3

Clause 20, page 11, lines 9 and 10—

Clause 20(1)(b)—delete paragraph (b) and substitute:

(b)  if the person seeks an explanation of the reason for the exercise of the power—inform the person that the power is exercised under a special powers authorisation or special area declaration (as the case requires) under this Act.

 

Amendment No 4

Clause 21, page 11, lines 16 to 20—

Clause 21(1)—delete subclause (1) and substitute:

(1)  If—

(a)      a police officer has seized a thing in the exercise of a power under this Act; and

(b)      the police officer is satisfied that—

(i)   its retention as evidence is not required; and

(ii)  it is lawful for the person to have possession of it,

the police officer must, as soon as reasonably practicable, return it to the owner or person who had lawful possession before it was seized.

 

Amendment No 5

Clause 27, page 13, line 20—

Clause 27(3)—delete "within 6 months after receiving a report" and substitute:

within 6 sitting days or 3 months after receiving a report, whichever is the shorter period

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

Local Government (Lochiel Park Lands) Amendment Bill                      Message No 118

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Local Government Act 1999; and to make related amendments to the Development Plan under the Development Act 1993, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 28 November 2005                                            R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 4, page 3, lines 20 and 21—

Delete "take reasonable steps to"

 

Amendment No 2

Clause 4, page 3, line 22—

Delete "take reasonable steps to"

 

Amendment No 3

Clause 4, page 3, line 27—

Delete "between 24 and 30" and substitute:

36

 

Amendment No 4

Clause 4, page 3, line 32—

Delete "take reasonable steps to"

 

Amendment No 5

Clause 4, page 3, lines 34 and 35—

Delete "24 months after practical completion" and substitute:

the expiration of the period of 36 months referred to in subclause (10)(b)

 

Amendment No 6

Clause 4, page 4, lines 1 to 5—

Delete subclause (14) and substitute:

(14)    The responsible Minister must, before a proclamation is made under subclause (13), consult with the Council.

 

Amendment No 7

Clause 4, page 4, line 12—

After "must" insert:

take reasonable steps to

 

Amendment No 8

Clause 4, page 4, lines 15 to 18—

Delete ", subject to any approval, in writing, of the responsible Minister for the alteration, replacement or removal of specified infrastructure or facilities or infrastructure or facilities of a specified class"

 

Amendment No 9

Clause 4, page 4, lines 27 and 28—

Delete "without the approval of the responsible Minister" and substitute:

except in accordance with the management plan adopted under subclause (18)

 

Amendment No 10

Clause 4, page 4, line 38—

Delete "2 months" and substitute:

6 months

 

Amendment No 11

Schedule 1, page 6—

Delete the plan appearing above paragraph (c) and substitute:

 

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration on motion

 

 

 

 

 

Guardianship and Administration (Miscellaneous) Amendment Bill       Message No 119

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Guardianship and Administration Act 1993, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 28 November 2005                                            R R Roberts, PRESIDENT

 

Schedule of amendment from the Legislative Council

 

Amendment No 1

Clause 4, page 3, after line 9—

Insert:

(4)      Section 3(1), definition of relative, (c)—delete paragraph (c) and substitute:

(c)        someone (not being a guardian appointed under this Act) who—

(i)   if the person is under 18 years of age—acts in loco parentis in relation to the person; or

(ii)  in any other case—is charged with overseeing the ongoing day-to-day supervision, care and well-being of the person;

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendment be taken into consideration on motion

 

12      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 4.

 

13      Adelaide Park Lands 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 and resumed on motion.

 

14      Ministerial Statement

The Attorney-General (Hon M J Atkinson), made a Ministerial Statement.

 

15      Adelaide Park Lands Bill

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

Debate resumed.

 

16           Speaker’s Statements – Matters of Privilege

Re: Deputy Premier

The Speaker stated that he had considered the matter of privilege raised earlier today by Hon I F Evans, and as the question was specifically about “a Minister” the answer was therefore correct and he would not give precedence to a motion.

 

Re: Mr Brindal

The Speaker stated that the had considered the matter of privilege raised earlier today by Hon I P Lewis and given that the Member was not intimidated as demonstrated by the manner in which the Member reported the event immediately to the House, he would not give precedence to a motion for privilege.

 

17      Messages from the Legislative Council

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

 

 

 

 

         Statutes Amendment (Vehicle and Vessel Offences) Bill                        Message No 120

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law Consolidation Act 1935; the Bail Act 1985; the Harbours and Navigation Act 1993; and the Road Traffic Act 1961, without any amendment.

         Legislative Council, 29 November 2005                                            R R Roberts, PRESIDENT

 

         Dust Diseases Bill                                                                                   Message No 121

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide more expeditious remedies for those suffering from disabilities resulting from exposure to dust; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 29 November 2005                                            R R Roberts, PRESIDENT

 

         Bill read a first time.

 

         Ordered – That the second reading be taken into consideration on motion.

 

18      Adelaide Park Lands Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 17 agreed to.

Clause No 18 read.

 

Mr Hanna moved on page 15, after line 3, to insert—

(9a)    A House of Parliament may resolve to disallow a proposal pursuant to a notice of motion given in the House within 14 sitting days after a copy of the management strategy (with any amendments) is laid before the House under subsection (9).

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

 

Clause No 18 agreed to.

Clauses Nos 19 to 22 agreed to.

 

Hon I P Lewis moved on page 18, after line 14, to insert a new clause as follows-

22A – Certain activities require Parliamentary and Council approval.

(1)           An activity within the ambit of subsection (2) must not be undertaken unless the activity is authorised –

(a) in pursuance of a resolution passed by both Houses of Parliament; and

(b) in pursuance of a resolution passed by the Adelaide City Council for the purposes of this section.

(2) The following activities are within the ambit of this subsection:

(a) the construction , enlargement or extension of a building or structure on any part of the Adelaide Park Lands, other than –

(i) any such work where the total amount to be applied in the performance of  the work will, when all stages are completed, not exceed $100 000 (indexed); or

(ii) any such work undertaken for a temporary purpose not exceeding 3 months;

 

(b) the development or alienation of any part of the Adelaide Park Lands so as to interfere with the use and enjoyment of the Adelaide Park Lands by members of the public, other than –

 

(i)                   the granting of a lease or licence by the Council in a case where section 21 applies; or

(ii)                 the granting of a lease or licence in place of an existing lease or licence or a lease or licence that has expired within the preceding period of 6 months, or the extension or renewal of a lease or licence, provided that land is not added to the area of the lease or licence; or

(iii)                any development or alienation that will not interfere with the use or enjoyment of a part of the Adelaide Park Lands for more than 3 months.

 

(3) For the purposes of subsection (2), the reference to $100 000 (indexed) means that that amount is to be adjusted on 1 January of each year, starting on 1 January 2007, by multiplying the amount by a proportion obtained by dividing the Consumer Price Index for the September quarter of the immediately preceding year by the Consumer Price Index for the September quarter 2005.

 

(4) In subsection (3) –

“Consumer Price Index” means the Consumer Price Index (All groups index for Adelaide).

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

19      Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation, that the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

20      Adelaide Park Lands Bill

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

 

In Committee

Hon I P Lewis’ proposed new Clause No 22 A further considered.

Question – That new Clause No 22 A be inserted – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 1):

 

           Ayes, 2

 

           Noes, 36

Mr Hanna

Hon M J Atkinson

Hon I P Lewis (Teller)

Ms Bedford

 

Ms Breuer

 

Mr Brindal

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon S W Key

 

Hon R G Kerin

 

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

 

Mrs Penfold

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Ms Thompson

 

Mr Venning

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

Clauses Nos 23 to 26 agreed to.

Schedule read.

 

Mr Hanna moved on page 20, after line 24, to insert—

3A—Amendment of section 38—Public notice and consultation

(1)      Section 38(2)—delete "subsection (2a)" and substitute:

subsections (2a) and (2b)

(2)      Section 38—after subsection (2a) insert:

(2b)  A development within the Adelaide Park Lands is, by force of this section, a Category 3 development.

Question – That the amendment be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Committee divided (No 2):

 

           Ayes, 2

 

           Noes, 35

Hon I P Lewis

Hon M J Atkinson

Mr Hanna (Teller)

Ms Bedford

 

Ms Breuer

 

Mr Brindal

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Hon K O Foley

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

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

 

Mrs Penfold

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Ms Thompson

 

Mr Venning

 

Hon P L White

 

Mr Williams

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

Schedule 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 without amendment.

 

Bill read a third time and passed.

 

21      Message from the Legislative Council

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

 

         Retirement Villages (Miscellaneous) Amendment Bill                            Message No 122

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Retirement Villages Act 1987, without any amendment.

         Legislative Council, 29 November 2005                                            R R Roberts, PRESIDENT

 

22      Adjournment

House adjourned at 10.41 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

            For Wednesday 30 November 2005

 

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

 

Ms Breuer to move That the Amendment to the Development Plan entitled City of Adelaide - Central West Precinct Strategic Urban Renewal - Plan Amendment gazetted on 17 November 2005 under the Development Act 1993 and laid on the Table of this House on 29 November, be disallowed.

 

The Hon I P Lewis to move That this House  establish a Select Committee to

(a)           investigate

                                                  (i)                 the terms of arrangements and the nature of negotiations, leading to the establishment of those arrangements;

                                                (ii)                 the involvement of any Minister in making those arrangements;

for provision of subsidised public transport to all, or any of the, provincial cities in South Australia;

(b)           determine if  –

                                                  (i)               due process has been followed;

                                                (ii)               those arrangements provide equivalent equity to all parties and are fair, instance by instance; and

(c)           investigate and report on any other related matter.

 

 

 

____________

 

 

Present during the day - All Members except the Minister Assisting the Premier in Social Inclusion (Hon L Stevens) and the Minister for Families and Communities (Hon J W Weatherill).

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY