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HEALTH LEGISLATION AMENDMENT BILL 1983

Order of the Day read for the adjourned debate on the motion of the Minister for Social Security (Senator Grimes)-That this Bill be now read a second time-And on the amendment moved thereto by Senator Baume, viz: Leave out all words after ''That'', insert ''the Senate declines to give the Bill a second reading as it is of the opinion that the Australian system of health care delivery and financing should be based on- (a) the private professional practice of doctors and other health professionals charging a fee for service supported by a private sector insurance system, and sympathetic government assistance to the aged and the disadvantaged; and

(b) public and private provision of hospital and other institutional facilities and community health care, accessible to private practitioners for the treatment of their patients, supported by a private sector insurance system, and sympathetic government assistance to the aged and the disadvantaged''.

Debate resumed.

Paper: Senator Walters, by leave, laid upon the Table the following Paper: Medicare Program-Document relating to the Hospital Cost-Sharing Agreement between the Commonwealth Government and the Government of Tasmania.

Debate continued.

Question-That the words proposed to be left out be left out-put.

The Senate divided

AYES, 22

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Jessop Kilgariff (Teller) Lajovic Lewis Messner Missen Rae, Peter Teague Townley Walters Watson Withers

NOES, 29

Senators- Bolkus Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Georges Giles Grimes Haines Jones McClelland Macklin Maguire Mason Ray, Robert Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

Amendment negatived accordingly.

Question-That this Bill be now read a second time-put.

The Senate divided

AYES, 29

Senators- Bolkus Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Georges Giles Grimes Haines Jones (Teller) McClelland Macklin Maguire Mason Ray, Robert Reynolds Richardson Robertson Ryan Sibraa Tate Walsh Zakharov

NOES, 22

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Jessop Kilgariff (Teller) Lajovic Lewis Messner Missen Rae, Peter Teague Townley Walters Watson Withers

And so it was resolved in the affirmative.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Clauses 1 to 11, by leave, taken together, debated and agreed to.

Clause 12 debated and agreed to.

Clauses 13 to 17, by leave, taken together and agreed to.

Clause 18 read- Senator Baume moved an amendment, viz: Page 11, paragraph (1) (b), after proposed new sub-section 17 (4), add the following new sub-section: ''(5) Sections 48 (other than paragraph (1) (a)), 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to guidelines under paragraph (4) (c) as if in those sections references to regulations were references to guidelines and references to a regulation were references to a guideline.''.

Debate ensued.

Question-That the words proposed to be added be added-put.

The Committee divided-

AYES, 25

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Crichton-Browne Guilfoyle, Dame Margaret Haines Hamer Harradine Hill Jessop Lajovic Lewis Macklin Messner Missen Rae, Peter Reid (Teller) Scott Teague Townley Walters Watson Withers

NOES, 27

Senators- Bolkus Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Georges Giles Grimes Jones McClelland Maguire Mason Ray, Robert Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

Amendment negatived accordingly.

Clause 18 agreed to.

Clauses 19 to 23, by leave, taken together and agreed to.

Clauses 24 to 27, by leave, taken together, debated and agreed to.

Clauses 28 to 30, by leave, taken together and agreed to.

Clauses 31 to 39, by leave, taken together and debated.

And it being 11 p.m.: The Chairman of Committees (Senator Hamer), under Sessional Order, put the Question-That he do leave the Chair and report to the Senate.

The Committee divided-

AYES, 27

Senators- Archer Baume Bjelke-Petersen Carrick, Sir John Chaney Chipp Crichton-Browne Durack Evans, Jack Guilfoyle, Dame Margaret Haines Hamer Harradine Hill Lajovic Lewis Macklin Mason Missen Rae, Peter Reid (Teller) Scott Teague Townley Walters Watson Withers

NOES, 24

Senators- Bolkus Button Childs Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Georges Giles Jones McClelland Maguire Ray, Robert Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

Question-resolved in the affirmative.

The President resumed the Chair; and Senator Hamer reported accordingly.