House of Assembly Fifty-First Parliament, Third Session (51-3) 51 3 Parliament of South Australia House of Assembly published Bills Kapunda Hospital (Variation of Trust) Bill KAPUNDA HOSPITAL (VARIATION OF TRUST) BILL Second Reading Second Reading Adjourned debate on second reading. (Continued from 12 November 2008. Page 882.) Ms CHAPMAN House of Assembly Bragg Deputy Leader of the Opposition Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (17:00): This bill was introduced on 12 November 2008. For the reasons outlined by the minister it is meritorious and the opposition supports it. The Hon. G.M. GUNN House of Assembly Stuart The Hon. G.M. GUNN (Stuart) (17:00): I support the bill. It would be most unfortunate if this legislation was not passed through the parliament as quickly as possible. The difficulties which have arisen have been the result of people acting with goodwill and providing a service which is needed and which must continue. I support the bill. The Hon. J.D. HILL House of Assembly Kaurna Minister for Health Minister for the Southern Suburbs Minister Assisting the Premier in the Arts The Hon. J.D. HILL (Kaurna—Minister for Health, Minister for the Southern Suburbs, Minister Assisting the Premier in the Arts) (17:00): I thank the opposition for its support. I also thank the opposition for the timely way in which it has allowed the progress of this bill and the previous bill. I note that we gave only 24 hours' notice in terms of briefing, so I thank the Deputy Leader of the Opposition for that. I also thank Rob Smetak from the Department of Health and Jo Ryan, parliamentary counsel on this bill. Bill read a second time. The Speaker House of Assembly The SPEAKER: This bill seeks to vary the trust to allow the trustees, the Eudunda and Kapunda Health Advisory Council Incorporated, with the concurrence of the minister to utilise the land which the hospital occupies for a purpose other than the functions of the hospital. The parliament has been requested to free the trustees from certain provisions of the trust deed to the benefit of these trustees and not all trustees generally. There was no private bill for the establishment of the trust or the indentures for the purpose of the transfer of the hospital land. However, this bill by its nature is a private bill, except that it is introduced by the government. Therefore, the application of the joint standing orders, as they apply to private bills, is not relevant. This leaves the provisions of the joint standing orders as they apply to hybrid bills. The joint standing orders provide for two forms of hybrid bill. The first is a bill introduced by the government, whose object is to promote the interests of one or more municipal corporations or local bodies and not those municipal corporations or local bodies generally. The second is a bill introduced by the government, authorising the granting of crown or waste lands to an individual person, a company, a corporation or a local body. Clearly, the bill does not fit the second category, but it does fit the first category because it can be argued that the Eudunda and Kapunda Health Advisory Council Incorporated (the current trustees) are 'a local body'. Based on the precedents established by this house and the consistent application of the joint standing orders and the principles that guide the consideration of such bills, I rule the bill to be hybrid. Referred to Select Committee Referred to Select Committee The house appointed a select committee consisting of Ms Breuer, Ms Chapman, Hons G.M. Gunn and J.D. Hill, and Mr Piccolo; the committee to have power to send for persons, papers and records, and to adjourn from place to place; the committee to report on 3 February. The Hon. J.D. HILL House of Assembly Kaurna Minister for Health Minister for the Southern Suburbs Minister Assisting the Premier in the Arts The Hon. J.D. HILL (Kaurna—Minister for Health, Minister for the Southern Suburbs, Minister Assisting the Premier in the Arts) (17:02): I move: That standing order 339 be and remain so far suspended as to enable the select committee to authorise disclosure or publication as it sees fit of any evidence presented to the committee prior to such evidence being reported to the house. The Speaker House of Assembly The SPEAKER: I have counted the house and, as an absolute majority of the whole number of members of the house is not present, ring the bells. An absolute majority of the whole number of members being present: Motion carried.