Minutes of Proceedings - 2011-11-24
- 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 Members of the death on 18 October 2011 of Dr George Chaloupka OAM.
- The Speaker advised Members of the presence in the Speaker’s Gallery of many family and friends of the late Dr George Chaloupka, and specifically –
the widow of Dr Chaloupka, Ms Pina Guiliani; his son and daughter-in-law, Mr Roman Maher and Ms Barbara Cameron; his son-in-law, Mr Liam Maher; his grandson, Mr Roman Maher; and brother-in-law, Mr Renzo Guiliani.
The Speaker acknowledged the many other friends and family here, with apologies from his daughter, Ms Evelyn Chaloupka, who is in Perth, and I believe is listening to this broadcast over the Internet; Mr Ruben Maher, the grandson of the late George Chaloupka who is currently studying in Adelaide; and Ms Pearl Chaloupka, the daughter of the late George Chaloupka.
On behalf of all Members the Speaker extended a warm welcome to the family and guests.
5. CONDOLENCE - DR GEORGE CHALOUPKA OAM – MOTION AGREED TO:
- The Chief Minister (Mr Henderson), by leave, moved – That this Assembly:
- (a) express its condolences at the passing of Dr George Chaloupka OAM, a highly respected Territorian and internationally recognised rock art researcher who contributed significantly to the creation of Kakadu National Park and to the better understanding of Aboriginal culture; and
- (b) offer our profound sympathy to his family and friends.
The Chief Minster (Mr Henderson) thereupon addressed the motion.
The Leader of the Opposition (Mr Mills) addressed the motion.
Debate ensued.
Question – put and passed.
Motion agreed to.
As a mark of respect Members stood in their places for one minute, in silence.
- The Member for Wanguri (Mr Henderson) presented a Petition No. 56 from 145 petitioners relating to protecting bushland proposed to be bulldozed in the suburb of Muirhead Breezes known as “Muirhead Reserve” (Paper 1619).
Petition read.
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Suspension of sittings: The sittings of the Assembly was suspended between 10.50am and 11am.
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7. ELECTORAL AND OTHER LEGISLATION AMENDMENT BILL 2011 (Serial 179):
- 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.
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In Committee
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
In Committee
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
Clauses 1 to 58, by leave, taken together.
Debate ensued.
Debate suspended.
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- Suspension of sittings: The sittings of the Assembly were suspended between 12.02pm to 2pm.
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- Visitors: The Speaker advised Members of the presence in the public galleries of –
Country Liberals Electorate Officers.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
2.01pm Mr Mills to Mr Henderson.
2.04pm Ms Scrymgour to Mr Henderson.
2.08pm Mr Mills to Mr Henderson.
2.12pm Ms Walker to Dr Burns.
2.15pm Mr Styles to Ms M McCarthy and referred to Ms Lawrie.
2.21pm Mr Wood to Mr Hampton.
2.24pm Mr Gunner to Mr Vatskalis.
2.27pm Mr Styles to Ms M McCarthy and referred to Ms Lawrie.
2.30pm Ms Scrymgour to Ms Lawrie.
2.34pm Mr Wood to Dr Burns.
2.36pm Mr Tollner to Ms M McCarthy.
2.43pm Ms Walker to Mr Vatskalis.
Papers tabled: Mr Vatskalis laid on the Table the following paper –
2.46pm Mr Giles to Ms McCarthy.
2.51pm Mr Gunner to Ms M McCarthy.
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Suspension of Standing Orders: The Member for Braitling (Mr Giles) moved – That so much of Standing Orders be suspended as would prevent the Assembly censuring the government and in particular the Minister for Indigenous Affairs and Statehood for:
(a) failing to meets its obligations with regard to indigenous affairs;
(b) ceding, without complaint, Territory powers to the commonwealth;
(c) meekly sitting by while the Gillard Labor government plots to take over Territory public houses, business and stores; and
(d) failing to meet its obligations to introduce land tenure reform in Territory towns and communities.
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.
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The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
9. CENSURE OF GOVERNMENT – LAND TENURE FOR INDIGENOUS TERRITORIANS – MOTION NEGATIVED:
- The Member for Braitling (Mr Giles) moved – That so much of Standing Orders be suspended as would prevent the Assembly censuring the government and in particular the Minister for Indigenous Affairs and Statehood for:
(a) failing to meets its obligations with regard to indigenous affairs;
(b) ceding, without complaint, Territory powers to the commonwealth;
(c) meekly sitting by while the Gillard Labor government plots to take over Territory public houses, business and stores; and
(d) failing to meet its obligations to introduce land tenure reform in Territory towns and communities.
Debate ensued.
Paper tabled: Ms Scrymgour, by leave, laid on the Table the following Paper –
Quorum: The Member for Braitling (Mr Giles) drew the attention of the Assembly to the state of the Assembly, pursuant to Standing Order 36.
The Bells having been rung and a Quorum having been obtained –
Debate resumed.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -
AYES, 11 NOES, 12
Ms Anderson Mrs Aagaard
Mr Bohlin Dr Burns
Mr Chandler Mr Gunner
Mr Conlan Mr Hampton
Mr Elferink Mr Henderson
Mr Giles Mr Knight
Mrs Lambley Ms Lawrie
Ms Purick Ms McCarthy
Mr Styles Mr McCarthy
Mr Tollner Ms Scrymgour
Mr Westra van Holthe Mr Vatskalis
Ms Walker
Motion negatived accordingly.
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the Consideration of the Bill in the Committee of the Whole – further consideration of Clauses 1 to 58 together -
The Assembly again resolved itself into Committee of the Whole for further consideration of the Bill.
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In Committee
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
In Committee
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
Further consideration of Clauses 1 to 58 together.
Debate resumed.
Clauses 1 to 58 agreed to as printed.
Clause 59 read.
On the motion of Mr Henderson the following amendment was agreed to, after debate.
- Clause 59(1), proposed regulation 24(1B)(a)(iii)
omit
officer
insert
authorised officer
Clauses 60 to 67, by leave, taken together and agreed to.
Clause 68 negatived, after debate.
Clause 69 negatived, after debate.
Clauses 70 to 78, by leave, taken together and agreed to.
Clause 79 read.
On the motion of Mr Henderson the following amendment was agreed to, after debate.
- Clause 79(1):
omit, insert
(1) Regulation 28(1)
- omit
- insert
An
Clauses 80 to 83, by leave, taken together and agreed to.
Schedules 1 and 2, by leave, taken together and agreed to.
Schedule 3 read.
- omit, insert
| regulations 3, definitions early voting centre, early voting period, polling place, polling hours, paragraph (b) and scrutiny centre, 4(1)(a) and (b), 8(1) to (3), 9(1) and (2), 10(1) to (4) and (5), definition appropriate time, paragraph (b), 13, 14(1) to (4), 15(2)(a), 26(1), 27(1)(b), 29, 30(8), 32(1), (3) and (5), 33(1) and (2), 36(2), 37(2), 41(2), 42(2) to (5), 44(2) and (3), 45(1)(a)(i), 46(1), 56(1), 57(2), 58(1), 61(2), 65(2), 66(1) and (2) and 68(1) to (3) | returning officer (all references) | Electoral Commissioner |
| regulation 12(3), note | Note
returning officer | Note for subregulation (3)
Electoral Commissioner |
| regulation 65(1) | returning officer's remuneration | costs and expenses incurred by the Electoral Commissioner |
Schedule 3, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Assembly resumed; the Speaker took the Chair; and the Deputy Speaker and Chair of Committees (Ms Walker) reported that the Committee had agreed to the Bill, with amendments.
Report adopted.
On the motion of the Chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
11. KENBI LAND TRUST BILL 2011 (Serial 175):
- 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.
Paper tabled: Mr Henderson laid on the Table the following Paper –
Debate continued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
In Committee
(The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)
Clauses 1 and 2 agreed to.
Clause 3 read.
On the motion of Mr Henderson the following words were inserted in the Bill, after debate –
- Clause 3, definition prescribed land, at the end
insert
Note
See section 13(8) for what happens if Kenbi freehold title to prescribed land is surrendered to the Territory.
Clause 3, as amended, agreed to.
Clauses 4 to 7, by leave, taken together and agreed to.
Clause 8 read.
On the motion of Mr Henderson the following amendment was agreed to, after debate -
- Clause 8(3)
omit
all words from "dealt with"
insert
the NLC must, within 6 months after its receipt, pay an amount equal to the moneys to or for the benefit of the traditional Aboriginal owners of the prescribed land.
Clause 8, as amended, agreed to.
Clauses 9 to 12, by leave, taken together and agreed to.
Clause 13 read.
On the motion of Mr Henderson the following words were inserted in the Bill, after debate -
- After clause 13(7)
insert
(8) If Kenbi freehold title to prescribed land is surrendered to the Territory, the land so surrendered is no longer prescribed land for this Act and no longer vested in the Trust.
New Clause 13A.
On the motion of Mr Henderson the following New Clause 13A was inserted in the Bill, after debate –
- After clause 13, in Part 4
insert
13A Traditional rights to use or occupation of prescribed land
- (1) An Aboriginal or group of Aboriginals is entitled to enter prescribed land and use or occupy it to the extent the entry, occupation or use is in accordance with Aboriginal tradition governing the rights of the Aboriginal or group with respect to the prescribed land, whether or not those rights are qualified as to place, time, circumstances, purpose, permission or any other factor.
(2) However, subsection (1) does not authorise an entry, use or occupation that would interfere with the use or enjoyment of an estate or interest in the land held by a person other than the Trust.
Remainder of the Bill, by leave, was taken as a whole and agreed to.
Bill to be reported with amendments.
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The Assembly resumed; the Speaker took the Chair; and the Deputy Speaker and Chair of Committees (Ms Walker) reported that the Committee had agreed to the Bill, with amendments.
Report adopted.
On the motion of the Chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
- 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.
Question put and passed.
- The Leader of Government Business (Dr Burns) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 7.15pm, until Tuesday 29 November 2011 at 10am.
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PAPERS:
The following Papers were deemed to have been presented on 29 November 2011 –
Annual Reports
Hospital Management Boards
- Alice Springs Hospital Board, 2010/2011 (Paper 1621)
Gove District Hospital Board, 2010/2011 (Paper 1622)
Katherine Hospital Board, 2010/2011 (Paper 1623)
Royal Darwin Hospital Board, 2010/2011 (Paper 1624)
Tennant Creek Hospital Board, 2010/2011 (Paper 1625)
Standing Committee on Legal and Constitutional Affairs, 2010/2011 (Paper 1629)
Coroners Act
In the matter of Deputy Coroner’s Findings and Recommendation into the death of Mr Frank Scanella, pursuant to section 46B, dated 21 November 2011 (Paper 1627)
Regulations 2011
No. 108/2011, Health Practitioner Regulation National Law Amendment (Midwife Insurance Exemption) Regulation 2011, dated 26 September 2011 (Paper 1628)
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- ATTENDANCE:
All Members attended the sittings.
Last updated: 04 Aug 2016