Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2009-06-09

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

2. PRAYERS.

3. STATEMENT BY SPEAKER - MEMBER FOR ARAFURA, RESIGNATION FROM LABOR PARTY:
      The Speaker laid on the Table a letter from the Member for Arafura (Ms Scrymgour) resigning from the Australian Labor Party with effect from and including 4 June 2009. (Paper 332)
4. STATEMENT BY SPEAKER - MEDIA ARRANGEMENTS:
      The Speaker advised Members that her approval had been given for Channel 9 and ABC Television to broadcast and re-broadcast the condolence motions on Tuesday 9 June and NT News to take photographs.
5. STATEMENT BY SPEAKER - DEATH OF MR TUNGUTALUM:
      The Speaker advised Members of the death of Mr Hyacinth Tungutalum, on 7 April 2009, a former member for Tiwi from 1974 to 1977 and first indigenous Member for the Legislative Assembly of the Northern Territory.
      The Speaker advised Members of the presence in the Speaker's Gallery of family members of Mr Tungutalum -
his widow, Mrs Natalie Tungutalum, Richard Tungutalum, Leslie Tungutalum, Valentina Tungutalum, Lana Tungutalum, Bede Tungutalum, Leonard Tungutalum, and other members of the extended family.

      The Speaker further advised Members of the presence in the Speaker's Gallery of special guests -
Chairman of the Tiwi Land Council, Mr Robert Tipungwuti, and former Members of the Legislative Assembly who served with Mr Tungutalum: the Hon Grant Tambling and also Ms Noel Padgham.

      On behalf of all Members the Speaker extended a very warm welcome to the family and special guests of Mr Tungutalum.

      The Speaker further advised Members of the attendance in the Public Gallery of Mr Rick Setter, a former Member for Jingili.

      On behalf of all Members the Speaker extended to him also a very warm welcome.
6. CONDOLENCE - MR HYACINTH TUNGUTALUM - MOTION AGREED TO:
      The Chief Minister (Mr Henderson), by leave, moved - That this Assembly -

      (a) express its deep regret at the death of Mr Hyacinth Tungutalum our first Aboriginal member of the Legislative Assembly; and an important Tiwi leader over many years; 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.
      __________________

      Suspension of siting: The sitting of the Assembly was suspended between 11am and 11.09am.
      _________________
7. STATEMENT BY SPEAKER - DEATH OF BROTHER REXFORD JOHN PYE OAM:
      The Speaker advised Members of the death of Brother Rexford John Pye OAM, on 29 May 2009.
8. CONDOLENCE - BROTHER REXFORD JOHN PYE OAM - MOTION AGREED TO:
      The Chief Minister (Mr Henderson), by leave, moved - That this Assembly -

      (a) express its deep regret at the death of Brother Rexford John PYE OAM, a man who demonstrated dedication and commitment for nearly 70 years to the Aboriginal people of the top end through his life’s mission, and whose pioneering work with Australian Rules Football on the Tiwi Islands will leave an unmatched heritage to the nation; and
        (b) tender its profound sympathy to his family and friends.

        The Chief Minister (Mr Henderson) thereupon addressed the Assembly.
        _________________

        Distinguished visitors: The Speaker advised Members of the presence in the Speaker's Gallery of the following special guests -
    Superior for the Northern Territory of the Missionaries of the Sacred Heart and Confrere, Father Malcolm Fyfe, and
      Superior of the Daughters of Our Lady of the Sacred Heart, Sister Elizabeth Little, and fellow sisters.

          On behalf of all Members the Speaker extended a very warm welcome to the distinguished visitors.
          _________________

          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.
          __________________

          Suspension of sittings: The sittings of the Assembly was suspended between 12.20pm and 2pm.
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      9. NOTICES:
          The following notices were given:

          Dr Burns: To move - That the Assembly adopt as a Sessional Order the following provisions to provide for alternate members of the Public Accounts Committee -
              ALTERNATE MEMBERS OF THE PUBLIC ACCOUNTS COMMITTEE

              Appointment
              (1A) Alternate Members of the Public Accounts Committee may be appointed, either on motion in the Legislative Assembly or when the Assembly is not sitting:
                      Alternate Government and Opposition Members shall be nominated for appointment in writing respectively by the Chief Minister or Leader of the Opposition to the Speaker.
              Advice to Chair
              (1B) The Speaker shall advise the Chair of the Public Accounts Committee in writing of any Alternate Members being nominated and cause the Chair of the Public Accounts Committee to inform other Committee Members of any alternate membership nominations as soon as possible.
                Advice to the Assembly
                (1C) The Speaker shall report the appointment of Alternate Members to the Assembly at the next sitting of the Assembly.

                Voting at Deliberative Meetings
                (1D) Any appointed Alternate Opposition Member may participate in a meeting of the Committee as if he or she were a full member provided that only two Opposition Committee members shall attend and vote at a deliberative meeting of the Committee.
                  (1E) Any appointed Alternate Government Member may participate in a meeting of the Committee as if he or she were a full member provided that only three Government Members shall attend and vote at a deliberative meeting of the Committee.

              Dr Burns: To move - That, the Assembly at its rising on 11 June 2009 adjourn until 4.30 pm on Friday 19 June 2009, or such other time as notified by the Speaker, with one hour’s notice being given to Government and Opposition Whips and Members by the Speaker, or such other time and/or date as may be advised by the Speaker pursuant to Sessional Order.
                Dr Burns: To move - That, the Routine of Business for Friday 19 June 2009 be as follows:
            (1) Prayers
            (2) Petitions
            (3) Notices
            (4) Government Business – Notices
            (5) Government Business - Orders of the Day

                        (a) In Committee: Report of the Estimates Committee consideration of the Appropriation (2009-2010) Bill 2009 (Serial 41) and Government Owned Corporations Scrutiny Committee consideration of the financial and management practices of the Power and Water Corporation as referenced in its Statement of Corporate Intent for 2009/2010; and

                        (b) remaining stages of the Appropriation (Additional for 2008-2009) Bill 2009 (Serial 40) be taken as a whole.

                Dr Burns: To move -
                        That, pursuant to paragraph 2 of the Order of the Assembly, dated 30 April 2009, the following Budget Papers 2009/2010 together with the Appropriation (2009-2010) Bill 2009 (Serial 41) be referred to the Estimates Committee for inquiry and report:
            Budget Paper No. 1 – Budget Speech, 2009/2010 (Paper 300);
            Budget Paper No. 2 – Fiscal and Economic Outlook, 2009/2010 (Paper 301);
            Budget Paper No. 3 – The Budget, 2009/2010 (Paper 302);
            Budget Paper No. 4 –The Infrastructure Program, 2009/2010 (Paper 303);
            Northern Territory Economy, 2009/2010 (Paper 307);
            Northern Territory Economy Overview, 2009/2010 (Paper 304);
            Regional Highlights, 2009/2010 (Paper 306);
            Budget Overview 2009/2010 (Paper 305).

                Mr Henderson: To present the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Bill 2009 (Serial 45).
                Mr Wood: To move - That, the proposed Inpex Construction Village be built on portion 2820 Hundred of Bagot instead of portions 2819 and part section 273 Hundred of Bagot, Howard Springs.
                Mr Wood: To move - That, the government reverse its decision to build a new prison at Weddell, and
                        (a) build a new facility on the present site or land currently used as the Berrimah Research Station; and
                        (b) the government look at alternative options for imprisonment for example prison farms in regional NT.
                Mr Wood: To move - That, the government -
                        (a) reverse its plans to build a housing estate at the Berrimah Research Station; and
                        (b) instead develop the land as a mixture of industrial land, research station, prison and prison farm and open space.
                Mr Wood: To move - That, the government invite Territory, Australian and overseas town planners and architects through a competition backed by an attractive cash prize to design a visionary tropical city at Weddell.
                Mr Wood: To move - That,
                        (a) the government build an aquatic centre in the rural area - similar to one at Leanyer and the proposed one at Palmerston; and
                        (b) the rural aquatic centre be likewise similarly funded and maintained by the government and that the government investigate a number of options to see where the most viable site would be in the rural area for such a centre.
                Mr Wood: To move - That, the government immediately address the Native Title issues constraining release of the forestry land at Howard Springs and permit the land to be developed as a rural subdivision for first home buyers, especially young people and families to get a start in life.
                Ms Lawrie: To present the Statute Law Revision Bill 2009 (Serial 47).

                Ms Lawrie: To present the Plumbers and Drainers Licensing Amendment Bill 2009 (Serial 39).

                Mr Elferink: To move - That, pursuant to Standing Order 183(b) and 237, immediately after the putting of the question on the motion that the Revenue Legislation Amendment Bill 2009 (Serial 43) be now read a second time, I will move -
                        (1) That it be an instruction to the Committee of the Whole that the committee divide the Bill to incorporate in a separate Bill the proposed amendments to the First Home Owner Grant Act to be known as the First Home Owner Grant Amendment Act 2009, (incorporating, with associated amendments, the title, Part 2 and clause 43 and activating subclauses of section 2.
                        (2) That, if the question that the Bill be divided as proposed in paragraph (1) is agreed to, the following separate questions be then put:
                            (a) that the consideration of the Bill in the Committee of the Whole stage be in accordance with the provisions of Standing Orders and practices of the Assembly;
                            (b) that, when consideration in Committee of the Whole of the First Home Owner Grant Amendment Act 2009 has been completed, the remaining stages be dealt with separately and in accordance with the provisions of the Standing Orders and practices of the Assembly.
                ____________________

                Visitors: The Speaker advised Members of the presence in the public gallery of International English as a Second Language students from St John's College accompanied by Ms Christiane Charon.
                On behalf of all Members the Speaker extended a warm welcome to the visitors.
                ____________________
            10. QUESTIONS:
                2.09pm Mr Mills to Mr Henderson.
                Papers tabled: Mr Henderson laid on the Table the following Paper -
            Advice - Solicitor-General, in the matter of sections 24, 25 and 26 of the Electoral Act and the matter of section 27 of the Northern Territory (Self-Government) Act by Michael Grant QC (Paper 333).

                2.12pm Mr Gunner to Mr Henderson.
                Papers tabled: Mr Henderson laid on the Table the following Paper -
            Northern Territory Government 2008 Election Commitments - Progress Report, June 2009 (Paper 334).

                2.17pm Mr Mills to Mr Henderson.
                2.22pm Ms Walker to Ms Lawrie.
                2.27pm Mr Mills to Mr Henderson.
                2.28pm Mr Gunner to Ms Lawrie.
                2.30pm Mr Mills to Mr Henderson.
                2.35pm Ms Walker to Mr Henderson.
                2.40pm Mr Mills to Mr Henderson.
                2.42pm Mr Wood to Ms McCarthy.
                2.46pm Mr Mills to Mr Knight.
                2.52pm Mr Gunner to Ms Lawrie.
                2.55pm Mr Wood to Ms Lawrie.
                2.57pm Ms Walker to Ms Lawrie.
                3.01pm Mr Mills to Mr Henderson;

                And in asking a question of the Chief Minister (Mr Henderson), the Leader of the Opposition (Mr Mills) thereupon moved a motion to suspend Standing Orders to censure the Chief Minister.

                The Leader of Government Business (Dr Burns) informed the Assembly that the government accepted the motion as a censure motion, pursuant to Standing Order 95.

                The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.

            11. CENSURE OF CHIEF MINISTER - MOTION NEGATIVED:
                The Leader of the Opposition (Mr Mills) thereupon moved - That the Assembly censure the Chief Minister for lying to Aboriginal Territorians and failing to deliver on a promise to consult them on the Government's outstations policy.
                Debate ensued.
                The Minister for Children and Families (Ms McCarthy) moved - That the question be now put - put and passed.
                Question - That the motion be agreed to - put and negatived.
                Personal Explanation: The Member for Fong Lim (Mr Tollner), by leave of the Speaker, made a personal explanation relating to the Member for Johnston’s assertion that he had contacted the new Independent Member for Arafura with a view to gaining her support for him in a leadership tilt. This is untrue, and advised that:
                    "At no time, over the past few very eventful days in Northern Territory politics, did I contact the member for Arafura. I place on the public record that the comments made on the ABC radio by the Member for Johnston are false.".

            12. PETITIONS:
                The Member for Nelson (Mr Wood) presented Petition No. 16 from 218 petitioners requesting an inquiry into the viability of the proposed development at 401 and 377 Woolianna Road, Daly River. (Paper 337)
                Petition read.

                The Member for Blain (Mr Mills) presented Petition No. 14 from 840 petitioners, including 232 petitioner signatures not attached to the petition terms of reference, requesting bilingual programs in Northern Territory schools be maintained. (Paper 335)
                Petition read.
                The Member for Barkly (Mr McCarthy), by leave, presented Petition No. 15 from 649 petitioners, including 273 electronic signatures not attached to the petition terms of reference, not conforming with Standing Orders, requesting the ongoing service of a resident obstetrician at the Tennant Creek Hospital. (Paper 336)
                Petition read.
                The Member for Greatorex (Mr Conlan) presented Petition No. 17 from 731 petitioners requesting an Independent Review be commissioned to assess the adequacy of resources, policies, procedures and systems at the Royal Darwin Hospital and Acute Care Services. (Paper 338)
                Petition read.
            13. MINISTERIAL REPORTS:
                Timor Leste Trade and Education Delegation: The Chief Minister (Mr Henderson) reported on the outcomes of a trade, education and community and education interests delegation to Timor Leste and educational scholarships offered by CDU.
                Mr Mills responded.
                Mr Henderson responded.

                Swine Flu: The Minister for Health (Mr Vatskalis) reported on the extent of the Swine Flu infections in the Territory.
                Mr Conlan responded.
                Mr Vatskalis replied.

                Trade Delegation to Vietnam, Japan and Singapore: The Minister for Asian Relations (Dr Burns) reported on the outcomes of a business and trade delegation to Vietnam Singapore and Japan to expand business and investment opportunities and tourism to major trading companies and promote a logistics hub in the Territory last month.
                Mr Mills responded.
                Dr Burns replied.

                Ministerial Reports noted, pursuant to Standing Orders.

            14. FINANCIAL MANAGEMENT AMENDMENT BILL 2009 (Serial 37):
                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 Treasurer (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.

            15. APPROPRIATION (2009-2010) BILL 2009 (Serial 41) APPROPRIATION (ADDITIONAL FOR 2008-2009) BILL 2009 (Serial 40):
                The Order of the Day having been read for the resumption of debate on the question - That the Bills be now read a second time -
                Debate resumed.
                Extension of time: On the motion of the Member for Drysdale (Mr Bohlin) the Member for Katherine (Mr Westra van Holthe) was granted and extension of time, pursuant to Standing Order 77.

                Debate continued.
                Extension of time: On the motion of the Member for Araluen (Ms Carney) the Member for Barkly (Mr McCarthy) was granted and extension of time, pursuant to Standing Order 77.

                Debate continued.
                _________________

                Quorum: The Member for Araluen (Ms Carney) drew the attention of the Assembly to the state of the House.
                The Bells having been rung -
                And a Quorum having been obtained.
                The Assembly resumed.
                _________________

                Debate continued.
                On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
            16. CASH FOR CONTAINERS SCHEME - MOTION TO NOTE STATEMENT:
                The Order of the Day having been read for the resumption of debate on the question - That the Assembly take note of the Statement -
                Debate resumed.
                On the motion of the Chief Minister (Mr Henderson) debate was adjourned.
            17. ADJOURNMENT:
                The Chief Minister (Mr Henderson) moved - That the Assembly do now adjourn.
                Debate ensued.
                Question - put and passed.
                And the Assembly adjourned at 8.25pm until Wednesday 10 June 2009 at 10am.
                ______________________

                PAPERS:
                No Papers were deemed to have been presented on Tuesday 9 June 2009.
                ______________________
                ATTENDANCE:-
                All Members attended the sittings.
            Last updated: 04 Aug 2016