No 90

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 30 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 133 to 135

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

 

133 The Leader of the Opposition (Hon R G Kerin), from 1256 members of the South Australian Community, requesting the House to urge the Government to inform the Victorian State Government that the establishment of a toxic waste dump 14 kilometres from the River Murray and 11 metres above groundwater is unacceptable and will threaten the international reputation of the Riverland and Sunraysia horticultural regions.

 

134 Hon I P Lewis, from 574 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.

 

135 Ms Chapman, from 73 members of the South Australian Community, requesting the House to urge the Government to provide sufficient funding to remove 20 000 tonnes of rock and sand from the dam underneath the waterfall at Waterfall Gully.

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Speaker –

      Auditor General – Supplementary Report – Government Management and the Security Associated with Personal and Sensitive Information

Ordered to be published (Paper No 4H)

 

      Pursuant to Section 131 of the Local Government Act 1999, the following 2004-2005 Annual Reports of Local Councils:

                        Coorong District Council

                        Renmark Paringa Council

 

By the Attorney General (Hon M J Atkinson) -

Attorney General – Ms Edith Pringle Telephone record – 14 to 22 November 2002

 

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

      Ceduna District Health Services Inc – Report 2004-2005

      Metropolitan Domiciliary Care – Report 2004-2005

      Northern and Far Western Regional Health Service – Report 2004-2005

      Pika Wiya Health Service Inc – Report 2004-2005

      Port Augusta Hospital and Regional Health Service Inc – Report 2004-2005

      Port Broughton District Hospital and Health Services Inc – Report 2004-2005

      Port Lincoln Health Service – Report 2004-2005

      Renmark Paringa District Hospital Inc – Report 2004-2005

      Repatriation General Hospital Inc – Report 2004-2005

      Riverland Regional Health Service Inc – Report 2004-2005

      Strathalbyn and District Health Service – Report 2004-2005

      Waikerie Health Services Inc – Report 2004-2005

 

By the Minister Assisting the Premier in the Arts (Hon J D Hill) –

      Youth Arts Board, South Australian - Carclew Youth Arts Centre – Report 2004-2005.

 

5       Statutory Officers Committee - Report – Annual Report 2004 – 2005

The Attorney-General brought up the Annual Report 2004 – 2005 of the Statutory Officers Committee.

Report received.

 

6       Legislative Review Committee - Reports – Thirty Second, Thirty Third, Report on the Committee’s Review of the Fisheries (General) Variation Regulations 2005, Superannuation Variation Regulations 2005 and Sexual Assault Conviction Rates

 

Thirty Second Report

Mr Hanna brought up the Thirty Second Report of the Committee.

Report received.

 

Thirty Third Report

Mr Hanna brought up the Thirty Third 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:

Aquaculture Act 2001 – General

Fire and Emergency Services Act 2005 – General.

 

Report on the Committee’s Review of the Fisheries (General) Variation Regulations 2005

Mr Hanna brought up the Report on the Committee’s Review of the Fisheries (General) Variation Regulations.

Report received.

 

Superannuation Variation Regulations 2005 Report

Mr Hanna brought up the Superannuation Variation Regulations 2005 Report of the Committee.

Report received.

 

Sexual Assault Conviction Rates Report

Mr Hanna brought up the Sexual Assault Rates Report of the Committee.

Report received.

 

7       Matter of Privilege – Attorney General

Hon I F Evans raised as a matter of privilege, the alleged misleading of the House by the Attorney General (Hon M J Atkinson), through his answer to a question yesterday regarding the use of the new Federal court building in Angas Street, which is at variance to information contained in a letter to the Attorney General from the Federal Attorney General.

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

 

8       Questions

Questions without notice were asked.

 

9       Speaker’s Statements - Procedure

Objection to a Ruling of the Speaker

The Speaker stated that his ruling given yesterday that any Member wishing to make allegations against another Member must do so by way of substantive motion was consistent with rulings by previous Speakers and Members should refrain from making deriding comments suggesting that the rules are being changed or reinterpreted.

 

Annual Reports

The Speaker stated that the timing of the tabling of annual reports is generally prescribed by legislation and it is not the practice of the House for Ministers to identify the lateness of such reports.  However, Ministers should ensure that their office is aware of these statutory requirements and that these requirements are met.

 

10      Grievance debate

On motion of the Speaker, the House noted grievances.

 

11      Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed until Wednesday 21 December.

 

12      Port Augusta Yacht Club – Land Sale– Economic and Finance Committee Inquiry - Motion re

Hon G M Gunn, pursuant to notice, moved - That the Economic and Finance Committee immediately inquire into the sale of land at the Port Augusta Yacht Club and immediately require all relevant documents be presented to the Committee as a matter of urgency.

Ordered, on motion of Ms Thompson, that the debate be adjourned until Wednesday 21 December.

 

13      Postponement of business

Ordered, separately - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 9 and 10 be postponed until Wednesday 21 December.

 

14      Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 11 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 12.

 

15      Select Committee on Nurse Education and Training - Report - Motion to note

Ms Thompson, pursuant to notice, moved - That the Report of the Select Committee on Nurse Education and Training be noted.

Debated ensued.

Question put and passed.

 

16      Social Development Committee - Report –NHMRC Ethical Guidelines on the use of Assisted Reproductive Technology in Clinical Practice and Research - Motion to note

Hon P L White, pursuant to notice, moved - That 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 be noted.

Debated ensued.

Question put and passed.

 

 

 

17      Postponement of business

Ordered, separately - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 13 and 14 be postponed until Wednesday 21 December.

 

18      Select Committee on the Sale of Food in Schools - Motion re

Hon I P Lewis, pursuant to notice, moved - That this House establish a Select Committee to

(a)           examine the effects on childhood health from foodstuffs sold on South Australian school grounds and the point-of-sale practices of various types of vendor systems used at schools in South Australia;

(b)           determine whether there are any adverse health consequences for children arising from such practices, and how to monitor and modify these practices;

(c)           recommend changes in the types of food sold and the way it is sold on school grounds; and

(d)           consider any other general public health, welfare and other benefits that may result for the wider community from the adoption of the Committee's recommendations.

         Debate ensued.

 

____________

 

The two hours for consideration of Private Members Business having expired, the debate was adjourned (Mr Caica, by leave) and made an Order of the Day for Wednesday 21 December.

____________

 

 

19      Speakers Statement – Quoting Unparliamentary Language

The Speaker stated that Members cannot evade the rule against using unparliamentary language by quoting from someone else’s statement.  If the words in the statement would have been ruled unparliamentary had they been used in the House, the statement may not be quoted.

 

20      Messages from the Legislative Council

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

 

Children’s Protection (Keeping Them Safe) Amendment Bill                 Message No 123

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Children’s Protection Act 1993; and to make a related amendment to the Family and Community Services Act 1972, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 29 November 2005                                            R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 1, page 3, line 3—

Delete "(Keeping Them Safe)" and substitute:

(Miscellaneous)

 

Amendment No 2

Clause 5, page 4, line 31—

After "parents" insert:

and grandparents

 

Amendment No 3

Clause 5, page 4, line 33—

After "parents" insert:

, grandparents

 

 

Amendment No 4

Clause 5, page 5, lines 7 and 8—

Delete all words in these lines and substitute:

family (including the child's grandparents) and community, to the extent that such relationships can be maintained without serious risk of harm; and

 

Amendment No 5

Clause 8, page 6, after line 8—

Insert:

(1)      Section 8(h)—delete paragraph (h) and substitute:

(h)   to provide, or assist in the provision of, services—

(i)     to assist children who are under the guardianship or in the custody of the Minister; and

(ii)    to assist persons who, as children, have been under the guardianship or in the custody of the Minister, to prepare for transition to adulthood;

 

Amendment No 6

Clause 8, page 6, after line 12—

Insert:

(3)     Section 8—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

(2)   The Minister must—

(a)  assist in the provision of—

(i)   services directed at enhancing the quality of care of children and family life by strengthening and supporting families, and thus preventing or reducing the incidence of child abuse and neglect; and

(ii)  support services to children who have been abused or neglected and their families; and

(b)  ensure that those support services are offered to children who are known by the Department to have been abused or neglected and their families and that genuine efforts are made to encourage such children and their families to avail themselves of the services.

 

Amendment No 7

Clause 9, page 7, line 11—

Delete "Chief Executive" and substitute:

responsible authority for an organisation to which this section applies

 

Amendment No 8

Clause 9, page 7, line 16—

After parenthesis insert:

in an organisation for which the authority is responsible

 

Amendment No 9

Clause 9, page 7, line 21—

After parenthesis insert:

in an organisation for which the authority is responsible

 

Amendment No 10

Clause 9, page 7, line 24—

Delete "Chief Executive may, at any time, as the Chief Executive" and substitute:

responsible authority for an organisation to which this section applies may, at any time, as the authority

 

Amendment No 11

Clause 9, page 7, line 30—

After parenthesis insert:

in an organisation for which the authority is responsible

 

Amendment No 12

Clause 9, page 7, lines 31 to 35—

Delete paragraph (b) and substitute:

(b)     carries out, or is to carry out, as an indirect service provider, prescribed functions for an organisation for which the authority is responsible.

 

Amendment No 13

Clause 9, page 7, line 36—

Delete "Chief Executive" and substitute:

responsible authority

 

Amendment No 14

Clause 9, page 7, lines 39 to 43 and page 8, lines 1 to 6—

Delete subsection (4) and substitute:

(4)     If a person comes into possession, in the course of relevant employment, of information about the criminal history of another, the person must not disclose the information except as may be required by or authorised under law.

Maximum penalty: $10 000.

(5)     The Chief Executive may, at the request of the responsible authority for a non-government organisation to which this section applies, exercise powers of the responsible authority under this section if satisfied that—

(a)    the responsible authority has sought, but failed to obtain, the cooperation of a person on whose criminal history (if any) the responsible authority is required or authorised to obtain a report; or

(b)    there is some other good reason for doing so.

(6)      This section applies to—

(a)   government organisations; and

(b)    non-government organisations to which its operation is extended by regulation.

(7)     The regulations may, however, exempt organisations, persons and positions, or particular classes of organisations, persons and positions, from the application of this section.

(8)      In this section—

employment includes the performance of functions as a contractor or sub-contractor, or as a volunteer; and employer includes an organisation or person for whom the functions are performed;

government organisation means a government department, agency or instrumentality;

indirect service provider—a person carries out functions for an organisation as an indirect service provider if the person carries out the functions for some other body or person which, in turn, makes the person's services available to the organisation;

managing authority of a non-government organisation, means the board, committee or other body or person in which the management of the organisation is vested;

non-government organisation means an organisation that is not a government organisation and includes a local government organisation;

organisation to which this section applies—see subsection (6);

prescribed functions means—

(a)    regular contact with children or working in close proximity to children on a regular basis; or

(b)    supervision or management of persons in positions requiring or involving regular contact with children or working in close proximity to children on a regular basis; or

(c)    access to records relating to children; or

(d)    functions of a type prescribed by regulation;

prescribed position means a position in an organisation to which this section applies that requires or involves prescribed functions;

relevant employment means employment by—

(a)   a responsible authority; or

(b)    an organisation that prepares a criminal history report for a responsible authority; or

(c)    an organisation to which a responsible authority communicates information contained in a criminal history report;

responsible authority means—

(a)   for a government organisation—the Chief Executive; or

(b)   for a non-government organisation to which this section applies—

(i)   the managing authority of the organisation; or

(ii)  if the managing authority has delegated its responsibilities under this section to a body approved by regulation for the purposes of this definition—that body.

 

Amendment No 15

Clause 9, page 8, lines 29 and 30——

Delete paragraph (b) and substitute:

(b)    is a government department, agency or instrumentality or a local government or non-government organisation.

 

Amendment No 16

Clause 10, page 8, after line 37—

Insert:

(2a)    Section 11(2)(j)—delete "non-government agency" and substitute:

non-government organisation

 

Amendment No 17

New clause, page 9, after clause 10—

Insert:

10A—Substitution of sections 16, 17 and 18

Sections 16, 17 and 18—delete the sections and substitute:

16—Power to remove children from dangerous situations

(1)    If an officer believes on reasonable grounds that a child is in a situation of serious danger and that it is necessary to remove the child from that situation in order to protect the child from harm (or further harm), the officer may remove the child from any premises or place, using such force (including breaking into premises) as is reasonably necessary for the purpose.

(2)    An officer's powers under this section are subject to the following limitations:

(a)    a police officer below the rank of inspector may only remove a child from a situation of danger with the prior approval of a police officer of or above the rank of inspector unless he or she believes on reasonable grounds that the delay involved in seeking such an approval would prejudice the child's safety;

(b)    an employee of the Department may only remove a child from the custody of a guardian with the Chief Executive's prior approval.

(3)    An officer who removes a child under this section must, if possible, return the child to the child's home unless—

(a)    the child is a child who is under the guardianship, or in the custody, of the Minister; or

(b)    the officer is of opinion that it would not be in the best interests of the child to return home.

(4)    If an officer removes a child under this section, and the child is not returned to the child's home under subsection (3), the officer must deliver the child into the care of such person as the Chief Executive, or the Chief Executive's nominee, directs.

(5)    If the Minister does not already have custody of a child who is removed from a situation of danger under this section, the Minister has custody of the child until—

(a)    the end of the working day following the day on which the child was removed; or

(b)    the child's return home,

(whichever is the earlier).

 

 

Amendment No 18

New clause, after clause 10—

Insert:

10B—Amendment of section 19—Investigations

Section 19(1)—delete subsection (1) and substitute:

(1)           If the Chief Executive—

(a)     suspects on reasonable grounds that a child is at risk; and

(b)      believes that the matters causing the child to be at risk are not being adequately addressed,

the Chief Executive must cause an investigation into the circumstances of the child to be carried out or must effect an alternative response which more appropriately addresses the risk to the child.

 

Amendment No 19

New clause, after clause 10—

Insert:

10C—Amendment of section 20—Application for order

Section 20—after its present contents (now to be designated as subsection (1)) insert:

(2)           If the Chief Executive suspects on reasonable grounds that a child is at risk as a result of the abuse of an illicit drug by a parent, guardian or other person, the Chief Executive must apply for an order under this Division directing the parent, guardian or other person to undergo a drug assessment (unless the Chief Executive is satisfied that an appropriate drug assessment of the parent, guardian or other person has already occurred, or is to occur, and that a report of the assessment has been, or will be, furnished to the Chief Executive).

 

Amendment No 20

Clause 11, page 9, line 10—

After "authorising" insert:

or directing

 

Amendment No 21

Clause 11, page 9, after line 13—

Insert:

Example—

Such an order could, for example, direct a parent, guardian or other person to undergo a drug assessment.

 

Amendment No 22

New clause, after clause 11—

Insert:

11A—Amendment of section 37—Application for care and protection order

Section 37—after subsection (1) insert:

(1a)    If the Minister is of the opinion that a child is at risk as a result of the abuse of an illicit drug by a parent, guardian or other person who has the care of the child, the Minister must apply to the Youth Court for an order under this Division requiring the parent, guardian or other person to enter into a written undertaking for a specified period (not exceeding 12 months)—

(a)       to undergo treatment for the drug abuse; and

(b)       to submit to periodic testing for drug use; and

(c)       to authorise the release of information regarding the treatment, and the results of the tests, to the Chief Executive,

(unless the Minister is satisfied that the parent, guardian or other person is undergoing, or is to undergo, such treatment, is submitting, or is to submit, to such testing and has authorised the release of such information and the results of such testing to the Chief Executive).

 

Amendment No 23

Clause 12, page 9, after line 16—

Insert:

(a1)           Section 38(1)(a)—delete "any guardian of the child" and substitute:

a parent, guardian or other person who has the care of the child

(b1)          Section 38(1)—after paragraph (a) insert:

Example—

A parent, guardian or other person could, for example, be required to enter into an undertaking to undergo treatment for drug abuse, to submit to periodic testing for drug use and to authorise the release of information regarding such treatment, and the results of such testing, to the Chief Executive.

 

Amendment No 24

Clause 14, page 10, after line 17—

Insert:

(2a)         Subject to this section, the Guardian holds office for the term (not exceeding 5 years) stated in the instrument of appointment and is then eligible for re-appointment.

(2b)         The office of the Guardian becomes vacant if the Guardian—

(a)  dies; or

(b)  completes a term of office and is not re-appointed; or

(c)  resigns by notice of resignation given to the Minister; or

(d)  is convicted either within or outside the State of an indictable offence or an offence carrying a maximum penalty of imprisonment for 12 months or more; or

(e)  is removed from office by the Governor under subsection (2c).

(2c)         The Governor may remove the Guardian from office for—

(a)  breach of, or non-compliance with, a condition of appointment; or

(b)  failure to disclose a personal or pecuniary interest of which the Guardian is aware that may conflict with the Guardian's duties of office; or

(c)  neglect of duty; or

(d)  mental or physical incapacity to carry out duties of office satisfactorily; or

(e)  dishonourable conduct; or

(f)   any other reason considered sufficient by the Minister.

 

Amendment No 25

Clause 14, page 10, after line 24—

Insert:

(ab)           preventing or restricting the Guardian from communicating with any body or person; or

 

Amendment No 26

Clause 14, page 11, lines 19 and 20—

Delete "suffer from disabilities" and substitute:

have a physical, psychological or intellectual disability

 

Amendment No 27

Clause 14, page 11, line 36—

Delete "12" and substitute:

6

 

Amendment No 28

Clause 14, page 11, line 37—

Delete "under subsection (2)" and substitute:

from the Guardian

 

 

Amendment No 29

Clause 14, page 12, line 5—

Delete "up to" and substitute:

not less than 5 and not more than

 

Amendment No 30

Clause 14, page 15, line 10—

Delete "12" and substitute:

6

 

Amendment No 31

Clause 14, page 18, line 28—

After "injury," insert:

under the guardianship, or in the custody, of the Minister or was

 

Amendment No 32

Clause 14, page 20, line 2—

delete "or relative" and substitute:

, relative or foster parent (within the meaning of the Family and Community Services Act 1972)

 

Amendment No 33

Clause 14, page 20, line 31—

Delete "12" and substitute:

6

 

Amendment No 34

Schedule 2, page 22, items referring to sections 16, 17 and 18—

Delete these items

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

Resolved – That amendments Nos 1 to 17 be agreed to.

 

The Minister for Families and Communities, moved – That amendment No 18 be disagreed to and the following alternative amendment be made in lieu thereof.

New clause, after clause 10—

Insert:

10B—Amendment of section 19—Investigations

Section 19(1)—delete subsection (1) and substitute:

(1)           If the Chief Executive—

(a)     suspects on reasonable grounds that a child is at risk; and

(b)      believes that the matters causing the child to be at risk are not being adequately addressed; and

(c)      believes that an investigation is the most appropriate response,

the Chief Executive must cause an investigation into the circumstances of the child to be carried out.

 

Question – That amendment No 18 be disagreed to and an alternative amendment be made in lieu thereof – put.

 

 

 

 

 

 

         Committee divided (No 1):

 

           Ayes, 19

           Noes, 17

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Hon K A Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon R B Such

Mr Venning

Ms Thompson

Mr Williams

Hon P L White

Mr Hanna (Teller)

Hon M J Wright

 

Hon J W Weatherill (Teller)

 

 

         So it was resolved in the affirmative.

 

The Minister for Families and Communities moved – The amendment No 19 be disagreed to and the following alternative amendment be made in lieu thereof.

 

Insert:

10C—Amendment of section 20—Application for order

Section 20—after its present contents (now to be designated as subsection (1)) insert:

(2)       If the Chief Executive –

(a)           knows or suspects on reasonable grounds –

(i)          that a child is at risk as a result of drug abuse by a parent, guardian or other person; and

(ii)         that the cause of the child being at risk is not being adequately addressed; and

(b)           is of the opinion that an assessment (including a drug assessment), in pursuance of an order under this Division, to determine the capacity of the parent, guardian or other person to care for and protect the child is the most appropriate response,

the Chief Executive must apply to the Youth Court for an order under this Division for such an assessment.

Question – That amendment No 19 be disagreed to and an alternative amendment be made in lieu thereof – put.

 

         Committee divided (No 2):

 

           Ayes, 20

           Noes, 16

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon W A Matthew

Hon I P Lewis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon K A Maywald

 

Mrs Penfold

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Williams

Hon R B Such

Mrs Redmond (Teller)

Ms Thompson

 

Hon P L White

 

Hon M J Wright

 

Hon J W Weatherill (Teller)

 

 

         So it was resolved in the affirmative.

 

Resolved – That amendments Nos 20 and 21 be agreed to.

 

The Minister for Families and Communities moved – The amendment No 22 be disagreed to and the following alternative amendment be made in lieu thereof.

 

New clause, after clause 11—

Insert:

11A—Amendment of section 37—Application for care and protection order

Section 37—after subsection (1) insert:

(1a)    If the Minister –

(a)    knows or suspects on reasonable grounds –

 

(i)       that a child is at risk as a result of drug abuse by a parent, guardian or other person; and

(ii)  that the cause of the child being at risk is not being adequately addressed; and

(b)        is of the opinion that the most appropriate response is an order under this Division for one or more of the following purposes:

(i)                         to ensure that the parent, guardian or other person undergoes appropriate treatment for drug abuse;

(ii)                       to ensure that the parent, guardian or other person submits to periodic testing for drug abuse;

(iii)                      to authorise or require the release of information regarding the treatment or the results of the test to the Chief Executive.

 

the Minister must apply to the Youth Court for such an order.

 

Question – That amendment No 22 be disagreed to and an alternative amendment be made in lieu thereof – put.

 

         Committee divided (No 3):

 

           Ayes, 19

           Noes, 17

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Mr Brokenshire

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Hon J D Hill

Mr Hamilton-Smith

Hon S W Key

Mr Hanna

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Hon I P Lewis

Hon K A Maywald

 

Dr McFetridge

Hon R J McEwen

Mr Meier

Mr O'Brien

Mrs Penfold

Ms Rankine

Mr Scalzi

Hon R B Such

Mr Venning

Ms Thompson

Mr Williams

Hon P L White

Mrs Redmond (Teller)

Hon M J Wright

 

Hon J W Weatherill (Teller)

 

 

         So it was resolved in the affirmative.

 

Resolved – That amendments Nos 23 to 34 be agreed to.

 

____________

 

         The House having resumed:

Mr Koutsantonis reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 17, 20, 21 and 23 to 34 without amendment and had disagreed to Amendments Nos 18, 19 and 22 and had made alternative amendments in lieu thereof.

 

Road Traffic (Drug Driving) Amendment Bill                                          Message No 124

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Road Traffic Act 1961; and to make related amendment to other Acts, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 29 November 2005                                            R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 5, page 4, lines 17 and 18—

Delete subclause (9)

 

Amendment No 2

Clause 6, page 4, line 26—

Delete the penalty provision and substitute:

Maximum penalty:

(a)          for a first offence—a fine of not less than $500 and not more than $900;

(b)          for a second offence—a fine of not less than $700 and not more than $1 200;

(c)           for a third or subsequent offence—a fine of not less than $1 100 and not more than $1 800.

 

Amendment No 3

Clause 6, page 5, line 2—

Delete "3 months" and substitute:

6 months

 

Amendment No 4

Clause 6, page 5, line 4—

Delete "6 months" and substitute:

12 months

 

Amendment No 5

Clause 6, page 5, line 6—

Delete "12 months" and substitute:

2 years

 

Amendment No 6

Clause 11, page 8, line 37—

Delete the penalty provision and substitute:

Maximum penalty:

(a)          for a first offence—a fine of not less than $500 and not more than $900;

(b)           for a subsequent offence—a fine of not less than $1 100 and not more than $1 800;

 

Amendment No 7

Clause 11, page 11, line 2—

Delete "3 months" and substitute:

6 months

 

Amendment No 8

Clause 11, page 11, line 4—

Delete "12 months" and substitute:

2 years

 

Amendment No 9

Schedule 1, page 25, line 22—

Delete "3 months" and substitute:

6 months

 

Amendment No 10

Schedule 1, page 25, line 23—

Delete "6 months" and substitute:

12 months

 

Amendment No 11

Schedule 1, page 25, line 24—

Delete "12 months" and substitute:

2 years

 

Amendment No 12

Schedule 1, page 26, lines 1 to 4—

Delete subsection (4) and substitute:

(4)      For the purposes of subsection (3), the prescribed period is 5 years.

 

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

21      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.

 

22      Dust Diseases Bill

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

         The Attorney-General moved - That this Bill be now read a second time.

Debate ensued.

 

         Bill read a second time.

 

 

In Committee

Clauses Nos 1 and 2 agreed to.

Clauses No 3 and 4 amended and agreed to.

Clause No 5 left out.

Clauses Nos 6 to 10 amended and agreed to.

Clause No 11 left out.

Clause No 12 amended and agreed to.

New clause No 12A inserted.

Clause No 13 left out.

New clause No 14 inserted.

Schedule amended and agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Ms Thompson 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.

 

 

 

23      Message from the Legislative Council

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

 

         Children’s Protection (Miscellaneous) Amendment Bill                          Message No 125

MR SPEAKER - The Legislative Council insists on Amendments Nos 18, 19 and 22 in the Children’s Protection (Miscellaneous) Amendment Bill, to which the House of Assembly has disagreed.  The Bill is returned herewith.

         Legislative Council, 30 November 2005                                            R R Roberts, PRESIDENT

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

Resolved – That the disagreement to the amendments of the Legislative Council be insisted on.

 

____________

 

         The House having resumed:

Mr Caica reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement to the amendments of the Legislative Council.

 

Conference – Children’s Protection (Miscellaneous) Amendment Bill

The Minister for Families and Communities (Hon J W Weatherill), moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments from the Legislative Council in the Bill, and that the Legislative Council be informed that in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr Brindal, Ms Chapman, Mrs Redmond, Ms Thompson, and the mover be Managers of the Conference on the part of this House.

Question put and passed.

 

24      Road Traffic (Drug Driving) Amendment Bill

Ordered - That consideration of the amendments of the Legislative Council in this Bill - be now resumed.

 

In Committee

Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

25      Suspension of Standing Orders

The Attorney-General, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

26      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 2 to 8 be postponed and taken into consideration after Order of the Day: Government Business No 11.

 

____________

 

It being Midnight

THURSDAY 1 DECEMBER

____________

 

 

27      Terrorism (Police Powers) Bill

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

 

In Committee

Resolved – That amendments Nos 1 to 4 be agreed to.

Resolved – That amendment No 5 be agreed to with an amendment

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendments referred to it and had agreed to amendments Nos 1 to 4 without amendment and had agreed to amendment No 5 with an amendment.

 

28      Local Government (Lochiel Park Lands) Amendment Bill

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

 

In Committee

Resolved – That the amendments be agreed to.

 

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

 

29      Guardianship and Administration (Miscellaneous) Amendment Bill

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

 

In Committee

Resolved – That the amendment be agreed to.

 

____________

 

         The House having resumed:

Mr Snelling reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

30      Messages from the Legislative Council

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

 

Statutes Amendment (Criminal Procedure) Bill                                      Message No 126

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law Consolidation Act 1935; the Criminal Law (Forensic Procedures) Act 1998; the Director of Public Prosecutions Act 1991; the Magistrates Court Act 1991; and the Summary Procedures Act 1921, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 30 November 2005                                            R R Roberts, PRESIDENT

 

 

 

 

 

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 4 (New section 285BA), page 3, lines 14 to 17—

Delete subsection (3) and insert:

(3)     The notice must contain a warning, in the prescribed form, to the effect that, if the defendant is convicted, the court is required to take an unreasonable failure to make an admission in response to the notice into account in fixing sentence.

 

Amendment No 2

Clause 4 (New section 285BB), page 4, line 3—

After "may" insert:

, on application by the prosecutor,

 

Amendment No 3

Clause 4 (New section 285BB), page 4, lines 19 to 28—

Delete subsection (2) and substitute:

(2)     Before making an order under this section, the court must satisfy itself that—

(a)    the prosecution has provided the defence with an outline of the prosecution case, so far as it has been developed on the basis of material currently available to the prosecution; and

(b)    the prosecution has no existing, but unfulfilled, obligations of disclosure to the defence.

 

Amendment No 4

Clause 4 (New section 285BC), page 5, lines 5 to 12—

Delete subsection (1) and substitute:

(1)     If a defendant is to be tried or sentenced for an indictable offence, and expert evidence is to be introduced for the defence, written notice of intention to introduce the evidence must be given to the Director of Public Prosecutions—

(a)    in the case of trial, on or before the date of the first directions hearing, and, in the case of sentence, at least 28 days before the date appointed for submissions on sentence; or

(b)    if the evidence does not become available to the defence until later—as soon as practicable after it becomes available to the defence.

 

Amendment No 5

Clause 4 (New section 285BC), page 5, lines 33 to 38 and page 6, lines 1 to 7—

Delete subsections (6) and (7) and substitute:

(6)     If the Director of Public Prosecutions receives notice under this section of an intention to introduce expert evidence less than 28 days before the day appointed for the commencement of the trial or submissions on sentence, the court may, on application by the prosecutor, adjourn the case to allow the prosecution a reasonable opportunity to obtain expert advice on the proposed evidence and, if a jury has been empanelled and the adjournment would, in the court's opinion, adversely affect the course of the trial, the court may discharge the jury and order that the trial be re-commenced.

(7)     The court should grant an application for an adjournment under subsection (6) unless there are good reasons to the contrary.

(8)     If it appears to the judge, from evidence or submissions before the court, that a legal practitioner has advised the defendant not to comply, or has expressly agreed to the defendant's non-compliance, with a requirement of this section, the judge may report the matter to the appropriate professional disciplinary authority.

(9)     Before the judge makes a report under subsection (8), the judge will invite the legal practitioner to make submissions to the court showing why the matter should not be reported.

 

Amendment No 6

Clause 5, page 6, line 18—

After "jury," insert:

the invitation to exercise a right under this section must be made in the absence of the jury and

 

Amendment No 7

Clause 11 (New section 10A), page 8, after line 30—

Insert:

(6a)    A police officer must not, without good and sufficient cause, fail to carry out a duty under this section promptly and diligently.

(6b)    The police officer in charge of the investigation of an indictable offence will, for the purposes of this section, be the police officer appointed by the Commissioner for that purpose.

 

Amendment No 8

Clause 13, page 9, lines 23 to 39—

Delete subclause (2)

 

Amendment No 9

Clause 14, page 10, lines 14 to 18—

Delete subparagraphs (i) and (ii) and substitute:

(i)     setting out the more important statutory obligations of the defendant to be fulfilled in anticipation of trial; and

(ii)    explaining that non-compliance with those obligations may have serious consequences; and

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         Children’s Protection (Miscellaneous) Amendment Bill                             Message No 127

MR SPEAKER - The Legislative Council has, in reply to Message No 146 from the House of Assembly, agreed to grant a Conference on the Children’s Protection (Miscellaneous) Amendment Bill, as requested by the House of Assembly.  The Legislative Council has named the hour of 11.15 am on Thursday 1 December 2005 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, 30 November 2005                                            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 - Children’s Protection (Miscellaneous) Amendment Bill

The Minister for Families and Communities moved - That the sitting of the House be continued during the Conference with the Legislative Council on the Children’s Protection (Miscellaneous) Amendment Bill.

Question put and passed.

 

31      Adjournment

House adjourned at 12.51 am until today at 10.30 am.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 21 December 2005

 

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

 

Mr Hanna to move – That the Regulations made under the Aquaculture Act 2005 entitled General, made on 22 September and laid on the Table of this House 17 October, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Fire And Emergency Services Act 2005 entitled General, made on 29 September and laid on the Table of this House 17 October, be disallowed.

 

Mr Hanna to move – That the Report of the Legislative Review Committee entitled Report on the Committee's Review of the Fisheries (General) Variation Regulations 2005, be noted.

 

Mr Hanna to move – That the Report of the Legislative Review Committee on Superannuation Variation Regulations 2005, be noted.

 

Mr Hanna to move – That the Report of the Legislative Review Committee on an Inquiry into Sexual Assault Conviction Rates, be noted.

 

 

 

 

____________

 

 

Present during the day - All Members except the Minister Assisting the Premier in Social Inclusion (Hon L Stevens), Ms Breuer and Mr Rau.

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes – The Premier (Hon M D Rann), the Minister for Transport (Hon P F Conlon), the Minister Assisting the Premier in Social Inclusion, Ms Breuer and Mr Rau.

               Noes – The Leader of the Opposition (Hon R G Kerin), Hon D C Brown, Hon M R Buckby, Hon I F Evans and Hon D C Kotz.

 

         Division No 2 -

               Ayes – The Premier, the Minister for Transport, the Minister Assisting the Premier in Social Inclusion, Ms Breuer and Mr Rau.

               Noes – The Leader of the Opposition, Hon D C Brown, Hon M R Buckby, Hon I F Evans and Hon D C Kotz.

 

         Division No 3 -

               Ayes – The Premier, the Minister for Transport, the Minister Assisting the Premier in Social Inclusion, Ms Breuer and Mr Rau.

               Noes – The Leader of the Opposition, Hon D C Brown, Hon M R Buckby, Hon I F Evans and Hon D C Kotz.

 

 

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY