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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-09-28 Daily Xml
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Parliamentary Procedure

SITTINGS AND BUSINESS

The Hon. I.F. EVANS (Davenport) (16:00): Point of order: the Treasurer just introduced a bill to do with workers compensation. In doing so he gave notice that part of the amendment was to an act called the Work Health and Safety Act 2011. That act does not exist, because it is currently before the house in a bill form and has not been debated or passed by either house. Madam Deputy Speaker, I ask you to consider ruling that the legislation introduced by the Treasurer is out of order and cannot be debated because it seeks to amend an act that simply does not exist.

The DEPUTY SPEAKER: Bear with me on that one. Member for Davenport, I would like to advise that I have been advised that it is in order, but I am just going to get the precise reason why. Member for Davenport, as I previously said, it is in order provided that all stages of the Work Health and Safety Bill have been completed before all stages of the WR&C amendment bill are passed.

The Hon. I.F. Evans interjecting:

The DEPUTY SPEAKER: Ah, you are anticipating debate, is that correct?

The Hon. I.F. EVANS: I am trying to understand your ruling, Madam Deputy Speaker. Are you saying that we cannot debate the workers compensation bill—which we were given notice of today by the Treasurer—until the bill currently before the house on worker health and safety is proclaimed and becomes an act, because it does not become an act until the Governor proclaims it, until the Governor assents?

The DEPUTY SPEAKER: Until it has been passed by two—

The Hon. I.F. EVANS: Up until that point, it is just a great theory put forward by the parliament. So, at what point then—

Ms Thompson: She is trying to say something.

The Hon. I.F. EVANS: Thank you, member for Reynell. It is good to hear a contribution at last, after 15 years in the house. I am trying to clarify a process. I am just trying to explain to the Deputy Speaker what I am trying to clarify. I am entitled to do that. As a former deputy speaker, you should have known that. At what point does the Work Health and Safety Bill become an act?

The DEPUTY SPEAKER: It just has to be passed by both houses, and then we can talk about it. Are you happy with that?

The Hon. I.F. EVANS: Just to understand, we cannot debate the workers compensation bill until the other bill is passed by both houses?

The DEPUTY SPEAKER: We can debate it but we cannot complete all its stages.

The Hon. I.F. EVANS: So what stages can we complete before the other bill is passed?

The DEPUTY SPEAKER: Up to the third reading in the other place.

The Hon. I.F. EVANS: In both houses?

The DEPUTY SPEAKER: Yes.

The Hon. I.F. EVANS: I do not want to be difficult, but when you say up to the third reading, do you mean at the completion of the second reading or at the completion of the third reading?

The DEPUTY SPEAKER: All the stages, so including the third reading.

The Hon. I.F. EVANS: So they can both be debated and passed by both houses as long as the Work Health and Safety Bill is completed first?

The DEPUTY SPEAKER: As long as the Work Health and Safety Bill goes first. As long as that goes through both houses first—

The Hon. I.F. EVANS: So how does this house know what the content of the Work Health and Safety Bill is if it is still being debated in the other place? When we are moving amendments to a bill that is not yet in its final form, how is this house to know what the bill we are trying to amend says? This is my point. Until the bill is in its final form, I do not understand how this house can possibly debate an act that does not exist or an amending bill to a bill for which debate has not yet been completed.

The DEPUTY SPEAKER: I think that is a valid point because it is about the timing of government business. Can we take that on notice and discuss that in terms of timetabling?

The Hon. I.F. EVANS: Yes; thank you, Madam Deputy Speaker.

The DEPUTY SPEAKER: Thank you.

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