Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2012-03-28

    MINUTES OF PROCEEDINGS - Wednesday 28 March 2012

    MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE ASSEMBLY

    No. 123

    Wednesday 28 March 2012

    863


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

    2. PRAYERS.

    3. VISITORS:
        The Speaker advised Members of the presence in the public galleries of Durack Primary School Years 4 and 4/5 accompanied by Ms Walker and Ms McGhee, Ms Hayes and Ms Billen.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    4. MESSAGE FROM THE ADMINISTRATOR – MESSAGE NO. 32:
    Assent to Proposed Laws

    I, SALLY THOMAS, AM 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:

    21 March 2012

    Caravan Parks Act 2012 (Act No 1 of 2012)
    Justice and Other Legislation Amendment Act 2012 (Act No 2 of 2012)
    Mental Health and Related Services Amendment Act 2012 (Act No 3 of 2012)

    22 March 2012

    Batchelor Institute of Indigenous Tertiary Education Amendment Act 2012

          (Act No 4 of 2012)


        Dated 27 March 2012.
        Sally Thomas AM
        Administrator (Paper 1757)

    5. WITHDRAWAL OF NOTICES:
        The Clerk advised Members that General Business, Notices standing in the name of the Member for Sanderson (Mr Styles) as follows were withdrawn pursuant to Standing Order 103 –
    That the Northern Territory parliament recognise and thank all those people from a multicultural background who have contributed so much to this Territory; and
    That the NT Government be condemned for it policies on alcohol reform and its negative impacts on the quality of life and lifestyles of Territorians.

    6. LIQUOR AND OTHER LEGISLATION AMENDMENT BILL 2012 (Serial 205):
        The Minister for Alcohol Policy (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Liquor Act and other legislation.
        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, Liquor and Other Legislation Amendment Bill 2012 (Paper 1758).

        On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.

    7. WORKERS REHABILITATION AND COMPENSATION LEGISLATION AMENDMENT BILL 2012 (Serial 200):
        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.
        ________________

        Pairs: The Speaker (Mrs Aagaard) advised Members of the following Pair arrangements for today as follows –
    Member for Arafura (Ms Scrymgour) with the Member for Goyder (Ms Purick), for the period 10.30am to 12 Noon, 28 March 2011 (Paper 1759).
    ________________
        Debate continued.
        Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Nelson (Mr Wood) was granted an extension of time, pursuant to Standing Order 77.

        Debate continued.
        _______________

        Visitors: The Speaker advised Members of the presence in the public galleries of Avondale Grammar School, Year 5/6 students, Singapore accompanied by Ms Wooley.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
        ________________
        Debate continued.
        Debate suspended.
        ________________
        Suspension of sittings: The sittings of the Assembly was suspended between 11.57am and 2pm.
        _________________

    8. NOTICES:
        The following notices were given -
        Mr Knight: To present the Evidence (National Uniform Legislation) Consequential Amendments Bill 2012 (Serial 204).

        Mr Knight: To present the Associations Amendment Bill 2012 (Serial 193).

        Mr Vatskalis: To present the Health Practitioner (National Uniform Legislation) Implementation Bill 2012 (Serial 207).

    9. QUESTIONS:
        2.01pm Mr Chandler to Mr Hampton.
        2.04pm Mr Gunner to Mr Henderson.
        _______________

        Visitors: The Speaker advised Members of the presence in the public galleries of Mrs Fay Miller the former Member for Katherine and staff from the Department of Construction and Infrastructure.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
        _______________

        2.08pm Mr Chandler to Mr Hampton.
        _______________

        Member Suspended: The Member for Karama (Ms Lawrie) having been warned by the Speaker about her unruly interjections and then having continued to raise a frivolous point of order -
        The Speaker (Mrs Aagaard) thereupon ordered the Member for Karama (Ms Lawrie) to withdraw from the Chamber for a period of one hour, pursuant to Standing Order 240A, effective from 2.11pm.
        Accordingly the Member for Karama (Ms Lawrie) withdrew from the Chamber.
        ________________

        2.11pm Ms Scrymgour to Mr Henderson.
        2.14pm Mr Chandler to Mr Hampton.
        2.16pm Mr Wood to Mr Hampton.
        2.20pm Mr Gunner to Dr Burns.
        2.24pm Mr Elferink to Mr Henderson.
        2.25pm Mr Gunner to Mr Knight.
        2.28pm Mr Wood to Mr Henderson.
        2.32pm Mr Mills to Mr Henderson.
        2.35pm Ms Scrymgour to Ms McCarthy.
        2.38pm Mr Mills to Mr Henderson.
        2.41pm Mr Gunner to Mr Knight.
        2.44pm Mr Wood to Mr McCarthy.
        2.48pm Mr Conlan to Mr Henderson.
        2.49pm Ms Scrymgour to Mr McCarthy.
        2.52pm Mr Mills to Mr Vatskalis.
        2.53pm Mr Gunner to Mr Vatskalis.
        2.56pm Mr Mills to Mr Vatskalis.
        2.58pm Ms Walker to Mr Hampton.

        The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
    10. WORKERS REHABILITATION AND COMPENSATION LEGISLATION AMENDMENT BILL 2012 (Serial 200):
        The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bill be now read a second time –
        Question - That the motion be agreed to - put.
        The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

        AYES, 12 NOES, 12

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

        Pursuant to section 27(1) of the Northern Territory (Self-Government) Act there being an equality of votes in the Division the result of the Division would be accordingly resolved in the negative.

        Casting vote: The Speaker advised Members that her casting vote would be cast with the Ayes in the following terms –
            In making this decision, I advise that I have listened very careful to the debate today and have received detailed briefings, including on matters raised by some members today. I am convinced the legislation is fair and required.
        The division is accordingly resolved in the affirmative – AYES 13, NOES 12.

        The Bill was 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 (Mr Knight) the Bill was read a third time and passed to be a proposed law.
    11. MEDICINES, POISONS AND THERAPEUTIC GOODS BILL 2011 (Serial 180):
        The Order of the Day having been read for the resumption of consideration of the bill in Committee of the Whole -
        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)


        Clauses 1 to 88, by leave, taken together and agreed to, after debate.
        Clause 89 read.
        On the motion of the Minister for Health (Mr Vatskalis) the following amendment was agreed to, after debate –
          Clause 89(2)(b)

          omit, insert

          (b) the substance is a Schedule 4 substance for treating the partner for the medical condition of chlamydia; and


        Clause 89, as amended, agreed to.
        Remainder of the Bill, by leave, taken as a whole and agreed to.
        Debate ensued.
        Question – put and passed.
        Bill to be reported with an 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, with an amendment.
        Report adopted.
        On the motion of the Minister for Health (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
    12. MEMBERS’ TELEPHONE AND TRAVEL EXPENSES 2011 - REPORT PURSUANT TO PARAGRAPHS 8.3 and 10.9(b) OF REMUNERATION TRIBUNAL DETERMINATION NO. 1 OF 2010 - REPORT TABLED - REPORT PRINTED:
        The Speaker laid on the Table a Report to the Legislative Assembly, pursuant to paragraphs 8.3 and 10.9(b) of Remuneration Tribunal Determination No. 1 of 2010, for the provision of travel and communication entitlements for Members of the Legislative Assembly of the Northern Territory for calendar year 2011 (Paper 1762), including –
    Annual Schedule containing government payments for each member for satellite and mobile telephones (Paper 1762); and
    Annual Schedule of Member travel at government expense, calendar year 2011 (Paper 1762).
          Paper tabled: The Speaker laid on the Table the following further Paper –
      Schedule re Annual Schedule of Ministerial and leader of the Opposition expenses for Mobile Phone Voice charge Expenses incurred by the Department of the Chief Minister during calendar year 2011, dated 20 March 2012 (Paper 1763).

          The Leader of Government Business (Dr Burns) moved - That the Report be printed.
          Question – put and passed.
      13. BUILDING AMENDMENT (DISABILITY ACCESS AND OTHER MATTERS) BILL 2012 (Serial 202):
          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.
          Question - put and passed - Bill agreed to as printed.
          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, without amendment.
          Report adopted.
          On the motion of the Minister for Lands and Planning (Mr McCarthy) the Bill was read a third time and passed to be a proposed law.
      14. BUSINESS NAMES (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2012 (Serial 199):
          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 agreed to as printed.
          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 without amendment.
          Report adopted.
          On the motion of the Minister for Justice and Attorney-General (Mr Knight) the Bill was read a third time and passed to be a proposed law.
      15. PAIRS:
          The Speaker (Mrs Aagaard) advised Members of the following Pair arrangements for tomorrow, Thursday, 29 March 2012 –
          Paper tabled:
      Member for Nightcliff (Mrs Aagaard) paired with the Member for Goyder (Ms Purick), for the period 10am to 12 Noon, 29 March 2011 (Paper 1764).
        16. GENERAL BUSINESS CALLED ON:
            The Leader of Government Business (Dr Burns) moved – That General Business be called on forthwith.
            Question – put and passed.

        17. CRIMINAL CODE (ONE PUNCH HOMICIDE) AMENDMENT BILL 2012 (Serial 203):
            The Member for Port Darwin (Mr Elferink), pursuant to notice, presented a Bill for an Act to amend the Criminal Code to include an offence of unlawful assault causing death.
            Bill read a first time.
            Mr Elferink moved – That the Bill be now read a second time.
            Debate ensued.
            Paper tabled: Mr Elferink, by leave, laid on the Table the following Paper –
        Letter, Kelly, Mr Vince, Northern Territory Police Association Limited, dated 20 February 2012 re Criminal Code (Unlawful Assault Causing Death) – reasons for Bill being formulated (Paper 1765).

            On the motion of the Minister for Justice and Attorney-General (Mr Knight) debate was adjourned.
        18. LAND RELEASE AND PLANNING STRATEGIES TO SUPPORT TERRITORY GROWTH – MOTION NEGATIVED:
            The Member for Fong Lim (Mr Tollner), pursuant to notice, moved –

            That the Northern Territory Government be condemned for its failures to provide land release and planning strategies to support the sustainable growth of the Territory.
            Debate ensued.
            Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Barkly (Mr McCarthy) was granted an extension of time, pursuant to Standing Order 77.

            Debate continued.
            Question – put and negatived.
        19. RECREATIONAL AND COMMERCIAL FISHERIES, FUTURE – MOTION NEGATIVED:
            The Member for Goyder (Ms Purick), pursuant to notice, moved - That the NT Government be condemned for its failures to address concerns relating to recreational and commercial fisheries and for failing to provide a future for Territorians.
            Debate ensued.
            Extension of time: On the motion of the Member for Goyder (Ms Purick) the Member for Nelson (Mr Wood) was granted an extension of time, pursuant to Standing Order 77.

            Debate continued.
            Question – put and negatived.
        20. NORTHERN TERRITORY’S FISCAL MANAGEMENT – MOTION:
            The member for port Darwin (Mr Elferink), pursuant to notice, moved - This parliament recognise the NT Government’s failures in terms of the state of the Northern Territory’s fiscal management.
            Debate ensued.
            Debate suspended, pursuant to Standing Order 41 –Mr Elferink 10 minutes remaining.
        21. ADJOURNMENT, Automatic:
            The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
            Debate ensued.
            Paper tabled: Dr Burns laid on the Table the following Papers relating to a Motor Vehicle transferred to Member for Macdonnell at Papunya, and associated documents –
        Acumen Alliance Department of Finance and Administration Office of Evaluation and Audit (Indigenous Programs), Papunya community Council, Report dated 22 September 2005 (Paper 1766);
        Letter, Terry Mills to Alison Anderson Member for Macdonnell, re Proposed agreement to become a supporting independent member of Country Liberals team (Paper 1766);
        Papunya Community Council Inc, hand written note by Ms Anderson and Sammy Butcher (Paper 1766);
        Lapse of memory for MLA Anderson extract from Centralian Advocate 24 February 2006 (Paper 1766);
        Papunya Community Council Incorporated, Annual Financial Statements, Year ended 30 June 2001 (Paper 1766);
        Papunya Community Council Incorporated, General Fund, Annual Financial Statements, Year ended 30 June 1994 (Paper 1766); and
        Papunya Community Council Incorporated, Annual Financial Statements, Year ended 30 June 1995 (Paper 1766).

            Debate continued.
            Question - put and passed.
            And the Assembly adjourned at 9.43pm, until Thursday 29 March 2012 at 10am.
            ________________

            PAPERS:
            The following Papers were deemed to have been presented on 28 February 2012 –
            Professional Standards Act
            Notification, Instrument amending the Victorian Bar Professional Standards Scheme, dated 22 February 2012 (Paper 1760)
            Notification, Instrument amending the New South Wales Bar Association Scheme, dated 22 February 2012 (Paper 1761)
        _________________
            ATTENDANCE:
            All Members attended the sittings.
      Last updated: 04 Aug 2016