Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2009-02-11

1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.

2. PRAYERS.

3. STATEMENT BY SPEAKER:
      The Speaker advised the Assembly of the death on 12 January 2009 of Mr William Joseph (Joe) Fisher AM, a former appointed Member of the Legislative Council for the Northern Territory, former elected Member of the Legislative Council for the Northern Territory and a distinguished Territorian.
4. VISITORS:
      The Speaker advised Members of the presence in the public and Speaker's Gallery of the following family and friends, and special guests attending the condolence motion today for Mr Joe Fisher:
          "In particular I would like to acknowledge his widow, Mrs Eleanor Fisher -.they were married for 68 years and it would have been 69 years in April; their sons and wives, Mr Rob and Mrs Trix Fisher, Mr John and Mrs Jenny Fisher, and Mr Greg and Mrs Sue Fisher. I understand that many of Mr Fisher’s 12 grandchildren and 20 great grandchildren are also present this morning."
      On behalf of all honourable Members the Speaker extended a very warm welcome.
        Madam Speaker also acknowledged the presence of Mr Scott Perkins, the CEO of the Resources Council, and guests from the mining sector, as well as a group of 17 Rotarians in recognition of the very long association of Mr Fisher with Rotary.

        The Speaker, on behalf of all honourable Members, extended a very warm welcome to these visitors.
    5. CONDOLENCE - MR WILLIAM JOSEPH (Joe) FISHER AM - MOTION AGREED TO:
        The Chief Minister (Mr Henderson), by leave, moved - That this Assembly -

        (a) express its deep regret at the death of Mr William Joseph (Joe) Fisher AM a former appointed member of the legislative Council, a former elected member of the Legislative Council and place on record its appreciation of his long and distinguished service to the people of the Northern Territory; and

        (b) tender its profound sympathy to his family and friends.

        The Chief Minister (Mr Henderson) thereupon addressed the Assembly.
        The Leader of the Opposition (Mr Mills) addressed the Assembly.
        Debate ensued.
        Question - put and passed.
        Motion agreed to.

        As a mark of respect Members stood in their places for one minute, in silence.

    6. MINISTERIAL REPORTS:
        Kenbi Land Claim: The Chief Minister (Mr Henderson) reported on the progress and stages in the developing of an agreed position on the Kenbi Land Claim.
        Mr Elferink responded.
        Mr Wood responded.

        Floods on Barkly and Victoria Highways: The Minister for Planning and Lands (Ms Lawrie) reported on the flooding of the Barkly and Victoria Highways and the devastation associated with the destruction of the roads.
        Mr Giles responded.
        Mr Wood responded.
        Ms Lawrie replied.

        Get CeNTred: The Minister for Tourism (Dr Burns) reported on the focus on tourism for Central Australia and the new campaign Get CeNTred.
        Mr Conlan responded.
        Dr Burns replied.

        Ministerial Reports noted, pursuant to Standing Orders.
    7. FEDERAL STIMULUS NATION BUILDING AND JOBS PLAN, BENEFITS FOR THE TERRITORY - MOTION AGREED TO:
        The Chief Minister (Mr Henderson) by leave moved - That the Assembly -
            1. Acknowledges that the major deterioration in the world economy is having a serious effect on Australia's economy and that of the Northern Territory;

            2. Supports the $42 billion stimulus package Nation Building and Jobs Plan as announced by the Prime Minister on 3 February, 2009;

            3. Welcomes the stimulus it will provide to the Northern Territory and the support it will provide for individuals, working families and small business;

            4. Accepts and supports that Governments will need to continue to spend on economic stimulus for the economy which will result in temporary deficits;

            5. Urges the Federal Opposition and minor parties to pass the stimulus package in the Senate immediately;

            6. Urges all Northern Territory based Federal parliamentarians to vote in support of the Prime Minister's stimulus package, and

            FURTHER

            The Speaker send the motion immediately to the Prime Minister, the Opposition Leader, the National Party Leader, Senator Nigel Scullion, Senator Trish Crossin, Hon Warren Snowdon MP and Damien Hale MP.
        Debate ensued.
        Extension of time: On the motion of the Member for Karama (Ms Lawrie) the Member for Wanguri (Mr Henderson) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        Debate suspended.
        _________________

        Suspension of sittings: The sittings of the Assembly was suspended between 12.12pm and 2.10pm.
        _________________

    8. NOTICES:
        The following notices were given -
        Mr McCarthy: To present the Transport Legislation (Hoon Behaviour) Amendment Bill 2009 (Serial 28).
    9. QUESTIONS:
        2.12pm Mr Mills to Mr Henderson.
        2.19pm Ms Walker to Mr Henderson.
        2.23pm Mr Conlan to Mr Henderson.
        2.28pm Ms Walker to Mr Henderson.
        2.38pm Mr Conlan to Mr Henderson and referred to Mr Vatskalis.
        2.40pm Mr Gunner to Mr Henderson.
        2.46pm Mr Conlan to Mr Henderson.
        2.50pm Mr Gunner to Ms Lawrie.
        2.56pm Mr Conlan to Mr Vatskalis.
        3.01pm Ms Walker to Mr Henderson.
        3.09pm Mr Wood to Mr Vatskalis.

        The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
    10. FEDERAL STIMULUS NATION BUILDING AND JOBS PLAN, BENEFITS FOR THE TERRITORY - MOTION AGREED TO:
        The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the motion moved by Mr Henderson - That the Assembly -
            1. Acknowledges that the major deterioration in the world economy is having a serious effect on Australia's economy and that of the Northern Territory;

            2. Supports the $42 billion stimulus package Nation Building and Jobs Plan as announced by the Prime Minister on 3 February, 2009;

            3. Welcomes the stimulus it will provide to the Northern Territory and the support it will provide for individuals, working families and small business;

            4. Accepts and supports that Governments will need to continue to spend on economic stimulus for the economy which will result in temporary deficits;

            5. Urges the Federal Opposition and minor parties to pass the stimulus package in the Senate immediately;

            6. Urges all Northern Territory based Federal parliamentarians to vote in support of the Prime Minister's stimulus package.

            FURTHER

            The Speaker send the motion immediately to the Prime Minister, the Opposition Leader, the National Party Leader, Senator Nigel Scullion, Senator Trish Crossin, Hon Warren Snowdon MP and Damien Hale MP.

        Debate resumed.
        The Leader of the Opposition (Mr Mills) moved the following amendment -
        Omit paragraph 5 of the motion and substitute:
              (5) Urges the Federal Senate to conduct scrutiny of the $42 billion stimulus package in a timely manner and pass it without unnecessary delay, subject to the condition the proposed stimulus package is the amount that is needed, going to where it's needed, to achieve the outcomes that is needed to protect the Australian and Territory economy from the impact of the global financial crisis and position Australia and the Territory economies for a speedy recovery.

        Debate continued.
        Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Leader of the Opposition (Mr Mills) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        Extension of time: On the Motion of the Member for Johnston (Dr Burns) the Member for Karama (Ms Lawrie) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        Extension of time: On the Motion of the Member for Blain (Mr Mils) the Member for Port Darwin (Mr Elferink) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        The Leader of Government Business (Dr Burns) moved - That the question be now put - put and passed.
        Question - That the Amendment moved by Mr Mills be agreed to - put and negatived.
        Main motion - put and passed.
    11. ADOPTION OF SITTINGS PROGRAM 2009 - MOTION AGREED TO:
        The Leader of Government Business (Dr Burns) moved - That, pursuant to Standing Order 31, the proposed program of sittings dates and times for 2009 tabled by the Speaker on 27 November 2008 be adopted.
        Debate ensued.
        Question - put and passed.
    12. COMMITTEE OF MEMBERS' INTERESTS, ESTABLISHMENT - MOTION AGREED TO:
        The Leader of Government Business (Dr Burns): To move - That,
          1. This Assembly, pursuant to section 3 of the Legislative Assembly (Disclosure of Interests) Act 2008, assign the Standing Orders Committee to act as the Committee of Members' Interests for the purposes of this Act.

          2. The Committee of Members' Interests determine the conditions and details of -
      the format of the members statement of Registrable Interests; and
      specify the required information for a members registrable interest.
          3. The Committee determine the conditions and details for inspection of such Register of Members' interests in accordance with section 5 of the Act.
            4. The Legislative Assembly (Disclosure of Interests) Act 2008 be commenced within one calendar month of the Assembly agreeing to the format and guidelines for inspection of the Register of Members' interests recommended by the Committee of Members' Interests.
            Debate ensued.
            Question - put and passed.
        13. FIRST HOME OWNER GRANT AMENDMENT BILL 2009 (Serial 30):
            The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the First Home Owner Grant Act.
            Bill read a first time.
            Ms Lawrie moved - That the Bill be now read a second time.
            Debate ensued.
            Paper tabled: Ms Lawrie laid on the Table the following Paper -
        Explanatory Statement, First Home Owner Grant Amendment Bill 2009 (Serial 30) (Paper 214).

            On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
        14. EVIDENCE LEGISLATION (AUTHORISED PERSONS) AMENDMENT BILL 2009 (Serial 27):
            The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend provisions about authorised persons in the Evidence Act and Evidence Regulations.
            Bill read a first time.
            Suspension of Standing Orders - Pass Bill through all stages: The Minister for Justice and Attorney-General (Ms Lawrie) moved - That so much of the Standing Orders be suspended as would prevent a Bill entitled Evidence Legislation (Authorised Persons) Amendment Bill 2009 (Serial 27) passing through all stages at this sittings.
            Question - put and passed.
            Ms Lawrie moved - That the Bill be now read a second time.
            Debate ensued.
            Paper tabled: Ms Lawrie laid on the Table the following Paper -
        Explanatory Statement, Evidence Legislation (Authorised Persons) Amendment Bill 2009 (Serial 27) (Paper 215).

            Debate continued.
            Leave granted for the Member for Araluen (Ms Carney) to continue her remarks at a later hour.
            Debate adjourned.
        15. ELECTORAL AMENDMENT BILL 2008 (Serial 21):
            The Order of the Day having been read for the resumption of debate on the question - That the Bill be now read a second time -
            Debate resumed.
            Question - put and passed.
            Bill read a second time.
            Leave granted for a motion for the third reading of the Bill to be moved forthwith.
            On the motion of the Chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
        16. OMBUDSMAN BILL 2008 (Serial 25):
            The Order of the Day having been read for the resumption of debate on the question - That the Bill be now read a second time -
            Debate resumed.
            Question - put and passed.
            Bill read a second time.
            The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
            _____________________
            In Committee

            (Deputy Speaker and Chairman of Committees - Ms Walker in the Chair)

            Leave denied Mr Mills to move - That the committee stage be later taken.
            Clauses 1 to 9, by leave, taken together and agreed to.
            Clause 10 read.
            Mr Wood moved the following amendment -
            Insert after paragraph (e) and before paragraph (f), "(f) to promote the role of the Ombudsman throughout the Northern Territory.".

            Debate ensued.
            Question - put and amendment negatived.
            Clause 10, as printed, agreed to.
            Clauses 11 to 46, by leave, taken together and agreed to.
            Clause 47 read.
            Mr Wood moved the following amendment -
            Insert,

                "(d) the local member of the Legislative Assembly if the complaint is related to a matter within the member's electorate."

            Debate ensued.
            Question - put and amendment negatived.
            Clause 47, as printed, agreed to.
            Clauses 48 to 54, by leave taken together and agreed to.
            Clause 55 read.
            Mr Wood moved the following amendment -
            Insert in subparagraph (5),
                "(c) in relation to (b) the Minister must when tabling the report make a decision as to whether he or she will require the principal officer to either comply or not comply with the Ombudsman's request.

                (d) in relation to (c) the minister must state his or her reasons for the decision.".

            Debate ensued.
            Question - put and amendment negatived.
            Clause 55, as printed, agreed to.
            Clauses 56 to 62, by leave, taken together and agreed to.
            Clause 63 read.
            Mr Wood moved the following amendment -
            Insert,
                "(5) in relation to (4) the Minister must when tabling the report make a decision as to whether he or she will require the principal officer to either comply or not comply with the Ombudsman's request.

                (6) in relation to (5) the minister must state his or her reasons for the decision.".

            Debate ensued.
            Question - put and amendment negatived.
            Clause 63, as printed, agreed to.
            Clauses 64 to 103, by leave, taken together and agreed to.
            Clause 104 read.
            Mr Wood moved the following amendment -
            Insert in subparagraph (3),
                "(c) in relation to (b) the Minister must when tabling the report make a decision as to whether he or she will require the Commissioner to either comply or not comply with the Ombudsman's recommendation.".

            Debate ensued.
            Question - put and amendment negatived.
            Clause 104, as printed, agreed to.
            Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
            Bill to be reported, without amendment.
            _____________________

            The Assembly resumed; the Speaker took the Chair; the Deputy Speaker and Chairman of Committees (Ms Walker) reported that the Assembly had agreed to the Bill without amendment.
            The report was adopted.
            On the motion of the Chief Minister for (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
        17. MATTER OF PUBLIC IMPORTANCE - MCARTHUR RIVER MINE:
            The Speaker advised the Assembly that the Member for Fong Lim (Mr Tollner) had proposed the following definite Matter of Public Importance for discussion this day:
                The loss of jobs, economic prosperity and community services as a result of the failure of Labor at both Territory and Federal levels to support the McArthur River Mine.
            The proposed discussion having received the necessary support -
            Discussion ensued.
            Papers tabled: Mr Tollner, by leave, laid on the Table the following Papers -
        Letter, Mr D Tollner MLA to Mr Ettienne Moller, General Manager, McArthur River Mine, dated 13 November 2008 (Paper 217); and
        Letter, Mr Ettienne Moller, General Manager, McArthur River Mine, dated 3 November 2008 to Mr D Tollner MLA (Paper 216).

            Discussion continued.
            Discussion concluded.

        18. ADJOURNMENT, Automatic - :
            The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
            Debate ensued.
            Question - put and passed.
            The Assembly adjourned at 9.54pm until tomorrow Thursday the 12 February 2009 at 10am.
            ________________

            PAPERS:
            The following Papers were deemed to have been presented on Wednesday 11 February 2009 -

            Annual Reports:
            Australian Crime Commission, 2007/2008 (Clth)(Paper 211)
            Environment Protection Authority, 2007/2008 (Paper 213)
            Parks and Wildlife Advisory Council, 2007/2008 (Paper 212)
        _________________
            ATTENDANCE:
            All Members attended the sittings.


            Mr Ian McNeill
            Clerk of the Legislative Assembly
        Last updated: 04 Aug 2016