Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2011-03-29

    1. MEETING:
        The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 24 February 2011. The Speaker, the Honourable J. L. Aagaard, took the Chair.

    2. PRAYERS.

    3. MESSAGE FROM THE ADMINISTRATOR – MESSAGE NO. 24:
    Assent to Proposed Laws

    I, Thomas Ian Pauling, AO QC the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:

    4 March 2011
    Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2011 (Act No.1 of 2011)
    Environment Protection (Beverage Containers and Plastic Bags) Act 2011 (Act No. 2 of 2011)

        14 March 2011
        Information Amendment Act 2011 (Act No 3 of 2011)

        16 March 2011
        Control of Roads Amendment Act 2011 (Act No 4)
        Criminal Code Amendment (Criminal Damage) Act 2011 (Act No 5)
        Inquiries Amendment (Penalties) Act 2011 (Act No 6)
        Public and Environmental Health Act 2011 (Act No 7)

        Dated 21 March 2011.

        Thomas Ian Pauling, AO QC
        Administrator (Paper 1214)

    4. COMMONWEALTH DAY MESSAGE 2011:
        The Speaker laid on the Table the Commonwealth Day Message 2011 from Her Majesty the Queen, dated 14 March 2011 (Paper 1215).
        The Speaker advised that on their behalf the Commonwealth Day Message would be incorporated in the Hansard record.

    5. PETITIONS:
        The Member for Goyder (Ms Purick), by leave, presented Petition No. 49, not conforming with Standing Orders, from 49 petitioners relating to a request for a general aviation aerodrome in the Greater Darwin Area. (Paper 1216)
        Petition read.

        The Member for Goyder (Ms Purick), by leave, presented Petition No. 50, not conforming with Standing Orders, from 427 petitioners relating to the forced amalgamation of the areas of Dundee and Marrakai into a new Shire. (Paper 1217)
        Petition read.

        The Member for Goyder (Ms Purick) presented Petition No. 51 from 195 petitioners relating to rezoning of Sections 325, 324 and Part of Section 4558 Hundred of Strangways does not proceed – Future Development to Rural Living and zone Conservation for 5 acre blocks. (Paper 1218)
        Petition read.

        Responses to petitions: The Clerk, pursuant to Standing Order 100A, tabled a response to Petition No. 43 and 44 relating to building on vacant land opposite Karama Shops, and a community store at Nganmarriyanga/Palumpa, respectively and advised a Text of responses would be included in the Hansard record (Paper 1219).

    6. SUSPENSION OF STANDING ORDERS – TO MOVE MOTION OF CENSURE – NEGATIVED:
        The Member for Greatorex (Mr Conlan) moved – That so much of Standing Orders be suspended as would prevent him moving a motion to censure the Chief Minister and his Government for his abject failure to protect the people of Alice Springs.
        The Leader of Government Business (Dr Burns) moved – That the Question be now put.
        Question - That the question be now put - put.
        The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -
                AYES, 13 NOES, 12

        Mrs Aagaard Ms Anderson
        Dr Burns Mr Bohlin
        Mr Gunner Mr Chandler
        Mr Hampton Mr Conlan
        Mr Henderson Mr Elferink
        Mr Knight Mr Giles
        Ms Lawrie Mrs Lambley
        Ms McCarthy Mr Mills
        Mr McCarthy Ms Purick
        Ms Scrymgour Mr Styles
        Mr Vatskalis Mr Tollner
        Ms Walker Mr Westra van Holthe
        Mr Wood

        And so it was resolved in the affirmative.
        Question – That the motion be agreed to - put and negatived.

    7. CONDOLENCE – CHRISTCHURCH AND JAPAN EARTHQUAKE VICTIMS – MOTION AGREED TO:
        The Chief Minister (Mr Henderson), by leave, moved - That the Legislative Assembly:

        (a) express its profound condolences to the people of both New Zealand and Japan following the devastation caused by earthquakes in their countries;

        (b) commends the efforts of those involved in the relief efforts, including Northern Territory Police, Fire and Emergency Services personnel who travelled to New Zealand to assist the people of Christchurch in rescue and recovery efforts; and

        (c) further, commends the efforts of community groups involved in fund-raising and those involved in efforts to assist the victims, families, and relatives who have been exposed to these tragedies.
        The Chief Minister (Mr Henderson) thereupon addressed the Assembly.
        The Leader of the Opposition Mr Mills) thereupon 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.

    8. SUSPENSION OF STANDING ORDERS – CENSURE OF CHIEF MINISTER, LAW AND ORDER IN ALICE SPRINGS:
        The Member for Greatorex (Mr Conlan) moved – That so much of Standing Orders be suspended as would prevent him censuring the Chief Minister (Mr Henderson) and his government for his abject failure to protect the citizens of Alice Springs, forthwith.

        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.
    9. CENSURE OF GOVERNMENT – CENSURE OF CHIEF MINISTER, LAW AND ORDER IN ALICE SPRINGS – MOTION NEGATIVED:
        The Member for Greatorex (Mr Conlan) thereupon moved – This Assembly censure the Chief Minister and his Government for:

        1. Its abject failure to protect the people of Alice Springs;

        2. Its failure to respond to the crime wave that has washed through the community of Alice Springs;

        3. For lying to the people of Alice Springs about the Government’s commitment to take real action;

        4. For ignoring the seriousness of crime and anti-social behaviour besetting the town;

        5. Its facile and cynical use of propaganda to perpetrate the deception of the people of Alice Springs; and

        6. Its policy failures in remote communities causing an urban shift into our major centres generally.

        Debate ensued.
        Paper tabled: Mr Henderson laid on the Table the following Paper –
        Email, TV advertisements – Ms Robyn Lambley to Action for Alice group (Paper 1220).

        Debate continued.
        Question - That the motion be agreed to - put.
        The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

        AYES, 11 NOES, 12

        Mr Bohlin Mrs Aagaard
        Mr Chandler Dr Burns
        Mr Conlan Mr Gunner
        Mr Elferink Mr Hampton
        Mr Giles Mr Henderson
        Mrs Lambley Mr Knight
        Mr Mills 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.
        _________________

        Suspension of sittings: The sittings of the Assembly was suspended between 2.06pm and 3.30pm.
        _________________

    10. NOTICES:
        The following Notices were given –

        Mr Henderson: To present the Audit Amendment Bill 2011 (Serial 157).

        Mr Henderson: To move - That the Assembly opposes the establishment of a uranium mine at Angela Pamela, 20km from Alice Springs.

        Ms Lawrie: To present the Alcohol Reform (Substance Misuse Assessment and Referral for Treatment Court) Bill 2011 (Serial 159).

        Ms Lawrie: To present the Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Bill 2011 (Serial 158).

        Ms Lawrie: To present the Alcohol Reform (Liquor Legislation Amendment) Bill 2011 (Serial 161).

        Dr Burns: To move - That the Routine of Business, Questions be taken at 6pm on Thursday 31 March 2011.
    11. QUESTIONS:
        3.30pm Mr Mills to Mr Henderson.
        3.33pm Ms Walker to Mr Henderson.
        3.36pm Mr Mills to Mr Henderson.
        3.40pm Ms Scrymgour to Mr Hampton.
        3.43pm Mr Conlan to Mr Henderson.
        3.46pm Ms Anderson to Dr Burns.
        3.49pm Mr Gunner to Ms Lawrie.
        3.52pm Mr Giles to Mr Henderson.
        3.55pm Ms Walker to Mr Hampton.
        3.57pm Ms Anderson to Mr Hampton.
        3.59pm Mr Conlan to Mr Henderson.
        4.03pm Ms Scrymgour to Ms McCarthy.
        4.07pm Mr Conlan to Mr Henderson.
        4.11pm Mr Wood to Mr Henderson.
        4.13pm Mr Gunner to Dr Burns.
        Paper tabled: Dr Burns laid on the Table the following Paper –
        Letter, True Trac 4WD, Mr Michael J Rowley re purchase of vehicle from Mr Westra Van Holthe, dated 25 March 2011 (Paper 1227).

        4.17pm Mr Conlan to Mr Henderson.
        4.21pm Ms Walker to Mr Vatskalis.
        4.23pm Mr Giles to Mr Hampton.
        4.26pm Mr Wood to Mr McCarthy.
        4.29pm Ms Scrymgour to Mr Knight.

        The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
    12. PERSONAL EXPLANATION:
        The Member for Macdonnell (Ms Anderson) made a personal explanation relating to accusations by the Chief Minister (Mr Henderson) made during the February 2011 sittings during Questions that Ms Anderson had not reported to police any knowledge she had of child prostitution in Alice Springs and that she should do so at the earliest opportunity. Ms Anderson thereupon refuted these matters of contention in her explanation.
    13. BAIL AMENDMENT BILL 2011 (Serial 150):
        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

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

        Bill, by leave, taken as a whole.
        Debate ensued.
        Bill as printed agreed to.
        Bill to be reported without amendment.
        _________________

        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, as printed.

        On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
    14. CRIMINAL LAW AMENDMENT (SENTENCING APPEALS) BILL 2011 (Serial 151):
        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 Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.

    15. ELECTRONIC TRANSACTIONS (NORTHERN TERRITORY) AMENDMENT BILL 2011 (Serial 154):
        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 Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
    16. TRAVEL REPORT BY SPEAKER – REMUNERATION TRIBUNAL DETERMINATION PARAGRAPH 3.15 (INTERSTATE) – PAPER TABLED:
        Paper tabled: The Speaker laid on the Table the following –

        Travel Report by the – Member for Brennan (Mr Chandler) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Canberra to speak with Federal members of parliament and the Senate concerning issues around the Northern Territory becoming Australia’s Seventh State, letter dated 1 March 2011 (Paper 1221);
        Travel Report by the – Member for Fannie Bay (Mr Gunner) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Melbourne on 13 February 2011 to speak with Housing Choices Australia, letter dated March 2011 (Paper 1222);
        Travel Report by the – Member for Macdonnell (Ms Anderson) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to South Australia to speak to interstate educational institutions, and other charitable community organisations for the purpose of assisting remote students, letter dated 24 March 2011 (Paper 1223);
        Travel Report by the – Member for Goyder (Ms Purick) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Brisbane, Canberra in the ACT 31 January 2011 to 2 February 2011 and 6 February to 9 February 2011, respectively re Reform of Australian Federation, letter dated 21 March 2011 (Paper 1224);
        Travel Report by the – Member for Goyder (Ms Purick) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Sydney, 4 March 2011 to 7 March 2011 relating to stakeholders and associated parties to provide relevant information regarding Shadow portfolios, letter dated 21 March 2011 (Paper 1225);
        Travel Report by the – Member for Nightcliff (Ms Aagaard) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Brisbane, 29 January 2011 and February 2011 relating to a visit to Queensland to give evidence at the Senate Select Committee on Reform of the Australian Federation, and Canberra as part of a delegation to push for Statehood in the Territory, respectively, letter dated 28 March 2011 (Paper 1226); and
        Travel Report by the – Member for Arafura (Ms Scrymgour) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Canberra, February 2011 relating to a visit with the Speaker as Chair of the Legal and Constitutional Affairs Committee delegation to Canberra as part of a delegation to push for Statehood in the Territory, letter not dated (Paper 1238).
    17. PUBLIC INFORMATION ACT – REVIEW OF PUBLIC INFORMATION REFERRED TO AUDITOR-GENERAL MARCH 2011 – PAPER TABLED – PAPER PRINTED - MOTION TO NOTE REPORT:
        The Speaker presented the Public Information Act – Review of Public Information Referred to Auditor-General March 2011, Report to the Legislative Assembly (Paper 1237).
        The Chief Minister (Mr Henderson) moved – That the Report be printed.
        The Chief Minister (Mr Henderson) moved – That the Assembly take note of the Report.
        Leave granted to Mr Henderson to continue his remarks at a later hour.
        Debate adjourned.

    18. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT COMMITTEE – NORTHERN TERRITORY CAPACITY TO PROGRESS ENVIRONMENTALLY SUSTAINABLE AGRICULTURAL PRODUCTION – PAPER PRINTED – MOTION TO NOTE REPORT:
        The Chair of the Environment and Sustainable Development Committee (Ms Scrymgour) laid on the Table a Committee Report titled –

        Northern Territory Capacity to Progress Environmentally Sustainable Agricultural Production (Paper 1234);

        together with,

        Written Submissions received (Paper 1235); and
        Hansard Transcripts of public hearings (Paper 1236).
          Ms Scrymgour moved – That the Report be printed.
          Question – put and passed.
          Ms Scrymgour moved – That the Assembly take note of the Report and that leave be granted to continue her remarks at a later hour.
          Leave granted, debate adjourned.
      19. CENTRAL AUSTRALIAN DEVELOPMENT – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
          The Chief Minister (Mr Henderson) made a statement relating to criminal and anti-social behaviour, housing and development programs rolled out for Alice Springs.
          Mr Henderson moved – That the Assembly take note of the Statement.
          Debate ensued.
          Extension of time: On the motion of the Member for Brennan (Mr Chandler) the Member for Greatorex (Mr Conlan) was granted an extension of time, pursuant to Standing Order 77.

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

          Debate continued.
          The debate was adjourned pursuant to Standing Order 41A.
      20. ADJOURNMENT:
          The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
          Debate ensued.
          And the Assembly adjourned at 9.37pm until tomorrow at 10am.
          ________________

          PAPERS:
          The following Papers were deemed to be presented on Tuesday 29 March 2011 -
            Annual Reports
            National Environment Protection Council, 2009/2010 (Paper 1228)

            By-Laws 2010
            No. 23, Litchfield Council Rural Dog Management By-laws (Paper 1229)

            Local Government Act
            Amendment of Guidelines, Allowance for Council Members, pursuant under section 258 (1), dated 6 January 2011 (Paper 1231)

            Police Administration Act
            Police Arbitral Tribunal, Determination No. 1 of 2011, pursuant to section 35, dated 15 February 2011 (Paper 1233)

            Regulations 2011
            No. 4, Care and Protection of Children (Children’s Services) Amendment (Paper 1232)

            Report
            Ecologically Sustainable Development in the Darwin Harbour Region – Environment Protection Authority, November 2010 (Paper 1230)
        _________________
            ATTENDANCE:
            All Members attended the sittings.
      Last updated: 04 Aug 2016