41

 

 

                                                                                                No. 9

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                                                                                                    

 

 

                                                                      WEDNESDAY 28 AUGUST 1991

 

 

 1             Meeting of House

                The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the

                    Chair and read prayers.

 

 2             Petitions Nos 32 to 35

                The Clerk announced that the following Members had lodged Petitions for

                    presentation:

 

                32  The Minister of Fisheries (Hon. L.M.F. Arnold), from 23 residents of South

                    Australia, requesting that the House reject the proposed amendment to section 37 of the Fisheries Act.

 

                33  Mr Brindal, from 187 residents of South Australia, requesting that the House urge

                    the Government to amend the Junior Sports Policy to allow children greater access to competitive sport.

 

                34  Mr Venning, from 13 residents of South Australia, requesting that the House urge

                    the Government not to decriminalise prostitution.

 

                35  Hon. D.C. Wotton, from 97 residents of South Australia, requesting that the House

                    urge the Government to revert to the previous water-rating system.

 

 3             Joint Committee on Subordinate Legislation - Minutes of Proceedings

                Mr McKee, by leave, brought up the Joint Committee on Subordinate Legislation

                    Minutes of Proceedings of 28 August.

                Minutes received.

 

 4             Questions

                Questions without notice were asked.

 

 5             Criminal Law Consolidation (Abolition of Year-and-a-day Rule) Amendment Bill

                Order of the Day read for the second reading of the Criminal Law Consolidation

                    (Abolition of Year-and-a-day Rule) Amendment Bill.

                The Minister of Education (Hon. G.J. Crafter) moved - That this Bill be now read a

                    second time.

                Ordered, on motion of Mr Ingerson, that the debate be adjourned until tomorrow.

 

 6             Postponement of business

                Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day

                    for tomorrow.

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 7             Parliamentary Committees Bill

                Order of the Day read for the further consideration in Committee of the

                    Parliamentary Committees Bill.

 

                                                                                        In Committee

                                              Clause No. 6 further considered and agreed to.

                                              Clauses Nos 7 to 27 agreed to.

                                              Clause No. 28 read.

                Hon. H. Allison moved on page 8, line 35, to leave out, ", 16 b (1) and (2)".

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

                Hon. H. Allison moved on page 8, lines 38 and 39, to leave out paragraph (2) and insert

                    in lieu thereof paragraphs as follow:

                (2)  The same protection and immunities as attach to members of Parliament in relation

                    to their duties or functions in Parliament attach to the members of a Committee, witnesses and counsel appearing before a Committee and the members of the staff of a Committee and other persons engaged in the business of a Committee.

                (3)  The provisions of this section do not limit in any way the powers, privileges and

                    immunities that attach to or in relation to a Committee as a committee of Parliament.

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

                                                   Clause agreed to.

                                                   Clauses Nos 29 to 31 agreed to.

                                                   Clause No. 32 read.

                Hon. H. Allison moved on page 9, lines 18 and 19, to leave out subclause (2) and insert

                    new subclause in lieu thereof as follows:

                (2)  In discharging their responsibilities under subsection (1), the Presiding Officers of

                    both Houses must -

                (a)     consult with the Presiding Officers of the Committees;

                and

                (b)     so far as is practicable, give effect to any recommendations of the Presiding   Officer of a Committee as to the staffing of that Committee.

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

                Hon. H. Allison moved on page 9, lines 20 to 23, to leave out subclause (3).

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

                                                   Clause agreed to.

                                                   Clause No. 33 amended and agreed to.

                                                   Clauses Nos 34 and 35 agreed to.

                                                   Schedule agreed to.

                                                   Title agreed to.

 

                                                                                                                    

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the Bill referred to it and

                    had agreed to the same with an amendment.

 

                The Minister for Environment and Planning (Hon. S.M. Lenehan) moved - That this

                    Bill be now read a third time.

                Debate ensued.

                Question put and passed.

 

                Bill read a third time and passed.


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 8             Geographical Names Bill

                Order of the Day read for the adjournment debate on the question - That

                    the Geographical Names Bill be now read a second time.

                Debate ensued.

                Question put and passed.

 

                Bill read a second time.

                                                                                        In Committee

                                              Clauses Nos 1 and 2 agreed to.

                                              Clause No. 3 read.

                Mr Lewis moved on page 1, line 18, to leave out all words in this line and

                    insert in lieu thereof the following:

                          "the Board" means the Geographical Names Board established by this Act:.

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

                                                             Clause agreed to.

                                                             Clauses 4 to 18 agreed to.

                                                             Title agreed to.

 

                                                                                                                   

 

                The House having resumed:

                Mr M.J. Evans reported that the Committee had considered the Bill referred

                    to it and had agreed to the same without amendment.

 

                The Minister of Lands (Hon S.M. Lenehan) moved - That this Bill be now read a

                    third time.

                Debate ensued.

                Question put.

                House divided (No.1):

               Ayes,21.

            Mr Atkinson

            Hon. J.C. Bannon

            Hon. F.T. Blevins

            Hon. G.J. Crafter

            Mr De Laine

            Mr M.J. Evans

            Mr Ferguson

            Hon. R.J. Gregory

            Mr Groom

            Mr Hamilton

            Hon. T.H. Hemmings

            Mr Heron

            Mr Holloway

            Hon. D.J. Hopgood

            Mrs Hutchison

            Hon. J.H.C. Klunder

            Mr McKee

            Mr Quirke

            Hon. M.D. Rann

            Hon. J.P. Trainer

            Hon. S.M. Lenehan (Teller)

   Noes, 20.

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr D.S. Baker

Mr S.J. Baker

Mr Becker

Mr Blacker

Mr Brindal

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Hon. E.R. Goldsworthy

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Matthew

Mr Oswald

Mr Such

Mr Venning

Mr Lewis (Teller)


                                                                                                  44

 

                So it was resolved in the affirmative.

 

                Bill read a third time and passed.

               

  9            Clean Air (Open Air Burning) Amendment Bill

                Order of the Day read for the adjourned debate on the question - That the

                    Clean Air (Opening Air Burning) Amendment Bill be now read a second time.

                Debate resumed.

                Question put and passed.

               

                Bill read a second time.

 

               

                                                                                        In Committee

                                              Clauses Nos 1 to 4 agreed to.

                                              Title agreed to.

 

                                                                                                                   

 

                The House having resumed:

                Mr M.J. Evans 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.

 

10           Aboriginal Lands Trust, Sections 160 and 166, Hundred of Wanilla,

                    Transfer - Motion re

                Order of the Day read for the adjourned debate on the motion of the Minister of

                    Lands - That this House resolves to recommend to Her Excellency the Governor that, pursuant to section 16(1) of the Aboriginal Lands Trust Act 1966, Sections 160 and 166, Hundred of Wanilla be transferred to the Aboriginal Lands Trust; and that a message be sent to the Legislative Council transmitting the foregoing resolution and

                    requesting its concurrence thereto.

                Debate resumed.

                Question put and passed.

 

11           Aboriginal Lands Trust, Section 1278 Out of Hundreds (Copley),

                    transfer - Motion re

                Order of the Day read for the adjourned debate on the motion of the Minister

                    of Lands - That this House resolves to recommend to Her Excellency the Governor, that pursuant to section 16(1) of the Aboriginal Lands Trust Act 1966, Section 1278 Out of Hundreds (Copley) be transferred to the Aboriginal Lands Trust; and that a message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

                Debate resumed.

                Question put and passed.

               

 12          Postponement of business

                Ordered - That Order of the Day (Government Business) No. 8 be postponed and

                    taken into consideration after Order of the Day (Government Business) No. 9.

 

 13          Juvenile Justice System - Motion for Select Committee

                Order of the Day read for the adjourned debate on the motion of the Minister

                    of Family and Community Services - That a Select Committee be established to examine -


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                    (a) the Children's Protection and Young Offenders Act and the effectiveness

                               of its operation;

                    (b)     the administration of the Children's Court;

                    (c) the resources devoted to the juvenile justice system and their

                               effectiveness;

                    (d)     the adequacy of custodial and non-custodial programs for juvenile

                               offenders and the extent to which the services provided by Government agencies and the Children's Court can more closely be integrated;

                    (e) the problems of truancy; and

                    (f) such other matters which relate to juvenile justice.

                Debate resumed.

                Mr M.J. Evans moved to insert after "(e)" the words "student behaviour management

                    policies and".

                Debate continued.

                Question - That the amendment be agreed to - put and passed.

                Question - That the motion, as amended, be agreed to - put and passed.

               

                Select Committee

                Ordered - That a Committee be appointed consisting of seven Members, of whom

                    four shall form a quorum.

                And a Committee was appointed consisting of Mr M.J. Evans, Hon. B.C. Eastick,

                    Messrs Ferguson and Groom, Mrs Hutchison, Mrs Kotz and Mr Oswald.

                Ordered - That the Committee have power to send for persons, papers and

                    records and adjourn from place to place.

                Ordered - That the Committee report on Thursday 28 November.

 

                Suspension of Standing Orders

                The Deputy Premier (Hon. D.J. Hopgood), without notice, moved - That Standing

                    Order No.339 be so far suspended as to enable the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the House.

                Question put and passed, without a dissentment voice, there being present an

                    absolute majority of the whole number of Members of the House.

 

 14          Adjournment

                The Deputy Premier moved - That the House do now adjourn.

                Debate ensued.

                Question put and passed.

                House adjourned at 10.29 p.m. until tomorrow at 11.00 a.m.

 

                                                                                                                     

 

Present during the day - All Members except Hon. T. Chapman (on leave).

 

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

 

                Division No. 1 -

                    Ayes - Hon. L.M.F. Arnold and Hon. M.K. Mayes.

                    Noes - Hon. T. Chapman and Mr Meier.

 

 

 

                                                                                                                                                                N.T. Peterson

G.D.Mitchell                                                                          SPEAKER

CLERK OF THE HOUSE OF ASSEMBLY