Bills

Education and Children's Services Bill

Conference

The Hon. R.I. LUCAS (Treasurer) (11:01): I have to report that the managers for the two houses conferred together and it was agreed that we should recommend to our respective houses:

That the disagreement to amendments Nos 4, 5 and 7 of the Legislative Council be insisted on.

Consideration in committee of the recommendations of the conference.

The Hon. R.I. LUCAS: I move:

That the recommendations of the conference be agreed to.

In doing so, I will speak briefly to the conference of managers, which was conducted in a very cordial and convivial fashion on behalf of managers of both houses. Essentially, there had been lots of issues to be resolved, but there had been three ongoing discussions: one related to the issue of an ombudsman, another related to religious instruction within schools and the other one related to Australian Education Union representation on various committees. The conference of managers essentially was resolving issues as it related to the latter two issues, that is, religious instruction and the Australian Education Union issues.

In speaking to the recommendations of the conference of managers, broadly, amendment No. 4 and amendment No. 7 canvass the same issue, and if I can speak on behalf of the minister and say as follows. The bill continues to provide for the formation of committees to conduct reviews into schools in a particular area. Such committees will include provision for a member nominated by the Australian Education Union. However, as resolved at the managers conference, if the AEU fails to nominate a member of a review committee within a specified time frame, being no less than 14 days, the minister will be able to nominate a member of staff of the school to which the review relates in accordance with the regulations.

Similarly, in amendment No. 4, the bill continues to provide for the establishment of committees to consider applications for promotion level positions in the teaching service. As agreed at the managers conference, the bill continues to provide for the Australian Education Union to nominate a member of those committees; however, if the chief executive does not receive a nomination from the AEU within 14 days after calling for applications in relation to the position, the chief executive may appoint in lieu of a nominee an officer of the teaching service elected or nominated by other officers of the teaching service to represent them on such committees in accordance with the regulations.

Those two amendments are recognition by the government, in the interests of seeing a massive rewrite and reform of the Education Act, in terms of the government's original position in relation to these issues which was disagreed to by the Legislative Council, that in the interests of seeing a resolution the government has amended its position in the House of Assembly and recommended the recommendations of the conference of managers.

The remaining issue which is canvassed is referred to in amendment No. 5 that the committee is being asked to consider. On behalf of the minister I report as follows. As agreed in the managers conference, there is provision for regulations to be made relating to obtaining consent of persons who are responsible for students at the school for a student's participation in religious or cultural activities or to make provision in relation to the exemption of students from participation. This will enable the government of the day to set the consent arrangements for religious and cultural activities in a manner they determine appropriate.

The minister, on behalf of the government, believes that was a sensible compromise or resolution of the varying views that have been expressed in both houses, both in this current debate and previously in relation to this issue. The minister and the government recommends the result of the conference of managers to the Legislative Council.

In doing so can I conclude, on behalf of the minister, by thanking Dr Close, whose electorate I forget—

Members interjecting:

The Hon. R.I. LUCAS: —the member for Port Adelaide, representing the Labor Party, and various members in this chamber, the Hon. Tammy Franks, the Hon. John Darley and I think the Hon. Frank Pangallo, although I suspect at an earlier stage it may have involved the Hon. Connie Bonaros as well. The minister would like me to thank the Labor Party and crossbench representatives for the willing way they engaged in compromise and discussion on this particular issue.

I would conclude my remarks by saying the conference of managers has been a mechanism perhaps not used as often as it should have been over the last 16 years. Certainly, the Marshall government does see the conference of managers as a potentially very useful vehicle in trying to resolve differences between houses. It is not always successful, but ultimately that is the role of the conference of managers. It does give the houses of parliament, the government, the opposition and crossbenchers an opportunity to seek to resolve issues in the interests of making progress and compromise on all sides.

I think in this case this is a perfect example of how a conference of managers should be utilised. As the Leader of the Government in this chamber I am a strong supporter of the efficacy of the conference of managers mechanism. I speak on behalf of the government and say that we do see it as useful; we do see it as a vehicle we should use in an endeavour to settle on compromises where it possible. In the end if it is not possible, then the bill gets laid aside at the end of the conference of managers. With that, I recommend the conference of managers results to the committee.

Motion carried.