ENFORCEMENT OF JUDGMENTS (GARNISHEE ORDERS) AMENDMENT BILL

Thursday 04 December, 2014

Mr TARZIA (Hartley) (11:13): Firstly, I would like to thank those who assisted in putting this bill together, from the government's legal team. I would also like to thank those who were readily available when I sought some consultation on this bill: the magistrates out there know who they are, the lawyers out there know who they are and residents know who they are. I would like to thank them all for their input into this bill, from both the profession and also outside.

Mr TARZIA (Hartley) (11:13): Firstly, I would like to thank those who assisted in putting this bill together, from the government's legal team. I would also like to thank those who were readily available when I sought some consultation on this bill: the magistrates out there know who they are, the lawyers out there know who they are and residents know who they are. I would like to thank them all for their input into this bill, from both the profession and also outside.

Let me say that this was a bill that originated from the electorate. This is not a hobbyhorse of mine. Many members of this place do put their hobbyhorses into practice time and time again in this place, but I have not done this selfishly. This has come from the electorate and I reiterate to the house that this is a real bill that has been driven by someone—by many parties, in fact—who have gone to court and who have sought judgement, in their favour mind you, then when they apply that judgement and seek payment for something that is duly and legally owed to them, they are not able to obtain that judgement amount. It is not because the other party cannot afford to pay, it is because the system allows these people to get away with it.

What we are here to do is to stand up for the little person out there. We are here to stand up for the people who are mortgaged to the hilt, who are starting small businesses. It is not only them; what about the tradies out there who do plumbing work, electrical work, sewerage work and they do not get paid? They do not get paid because of scumbags out there who abuse and rort the system because we allow them to. And what are we doing? We put a bill before the house.

A backbencher in opposition puts a bill before the house in a statesmanlike manner. He goes to the Attorney, sits in his office and says, 'Attorney'—I admire the Attorney. The statesman will be on the bench before too long—that is okay—but while he is still here I say, 'Attorney, I plead with you, please help these people out.' He says to me, 'Vincent, I haven't got a problem with this bill. It should be okay. It shouldn't be controversial. Yes, we'll support it.' Then the member for Picton comes up, the member for—what is he?

Members interjecting:

The DEPUTY SPEAKER: Order!

Mr TARZIA: I get confused—

The DEPUTY SPEAKER: Order!

Mr TARZIA: —I am sorry, I get confused with—

The DEPUTY SPEAKER: Order! It is Thursday, but that does not mean that we have to be ridiculous. Let's conduct the business of the house in the manner to which the house is due, which is with dignity. The member for Hartley.

Mr TARZIA: The member for Kaurna presents an ignorant submission and tells me that welfare is going to be attacked under this bill. Welfare will not be attacked under this bill. We in this state parliament do not have the power to tap into something which is in the federal jurisdiction. It is ultra vires our power. It will not touch welfare. It will touch people's salaries in cases where a magistrate thinks that they are able to pay but do not pay, and at the moment they do not have that power in South Australia, and that is what this bill is about.

This government has absolutely no credibility when it comes to the economy. What do they do? At the eleventh hour of a by-election what do they do? They come up with some economic plan to reform taxes. This goes to the heart of the ignorance of this government. They understand absolutely nothing about business, about small business, about the engine room of the South Australian economy. And the Independents? Well, call it Independents' day. Call this moment right now the Independents' moment. Where are the Independents on this bill? Where are the Independents—

Members interjecting:

The DEPUTY SPEAKER: Order!

Mr TARZIA: The member for Frome will be listening. He told me that he wanted to speak on this bill. Why has he not come up? I will tell you why—

The DEPUTY SPEAKER: It is actually very poor form to draw attention to the absence of a member from the house.

Mr GARDNER: Point of order.

Mr TARZIA: I withdraw that remark. I—

The DEPUTY SPEAKER: Hang on; the member for Morialta has a point of order.

Mr GARDNER: Point of order: the member for Hartley at no stage has referred to whether members were in the chamber or not, only on whether they had spoken or not. We understood that the member for Frome wanted to speak on this bill and the government has denied him the opportunity by demanding that we do not adjourn.

The DEPUTY SPEAKER: We will check Hansard. We will see.

Mr TARZIA: But I will ask the question: where was the member for Frome on this bill? Where was the member for Waite on this bill—

The DEPUTY SPEAKER: Well, I do not know that we are really getting any further.

Mr TARZIA: Deputy Speaker, this is a bill that has gone out for consultation. It is from the electorate. And in the last 30 seconds let me just say that the government wants to have a go and say that this is a capricious bill. What government wants to put caveats on people's properties when they do not pay their overinflated ESL bills? This government. What government wants to clamp people's cars when they cannot afford to pay their fines? This government. Therefore, I ask the government and the Independents to stand up for the little guy out there on the street, the one taking a risk, the one who has done the work and deserves to be paid when a court of law says that they should.