Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2008-11-27

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

2. PRAYERS.

3. MESSAGE FROM ADMINISTRATOR No. 3:
Message No. 3 - 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:

      14 November 2008
        Local Government (Consequential Amendments) Act 2008 (No 28 of 2008)
      21 November 2008
        Gaming Machine Amendment (Anti-Proliferation) Act 2008 (No 29 of 2008)
        Sentencing Amendment (Violent Offences) Act 2008 (No 30 of 2008)
        Serious Violent Offenders (Presumption against Bail) Amendment Act 2008 (No 31 of 2008)
        Transport Legislation (Alcohol Ignition Locks) Amendment Act 2008 (No 32 of 2008)

      Dated 25th day of November 2008.

      Sgd Thomas Ian Pauling, AO QC
      Administrator
      (Paper 165)
      ________________

      Visitors: The Speaker advised Members of the presence in the public gallery of Watiyawanu School Year 3/6 students accompanied by Ms Maryse Turenne, Mr Mike Dunton, Mr Roderick Knatamara, Ms Rita Turner and Ms Violet Napanangka.

      On behalf of all Members the Speaker extended a warm welcome to the visitors.
      ________________
4. MINISTERIAL REPORTS:
      Local Government Council Mayors and Shire Presidents : The Minister for Local Government (Mr Knight) reported on the first meeting of Australian Local Government Council Mayors and Shire Presidents.
      Mr Westra van Holthe responded.
      Mr Wood responded.
      Mr Knight replied.

      Aboriginal Health Awards 2008: The Minister for Health (Dr Burns) reported on the conduct of the Aboriginal Health Worker Awards 2008, 21 November 2008.
      Mr Conlan responded.
      Dr Woods replied.

      Indigenous Disability: The Minister for Children and Families (Ms McCarthy) reported on a national DVD publications launch of Aboriginal disability.
      Ms Carney responded.
      Mr Wood responded.
      Ms McCarthy replied.

      Ministerial Reports noted, pursuant to Standing Orders.

5. CROSS-BORDER JUSTICE BILL 2008 (Serial 23):
      The Minister for Justice and Attorney-General (Dr Burns), pursuant to notice, presented a Bill for an Act to facilitate the administration of justice in regions straddling the Territory's borders with South Australia and Western Australia, and for related purposes.
      Bill read a first time.
      Dr Burns moved - That the Bill be now read a second time.
      Debate ensued.
      Paper tabled: Dr Burns laid on the Table the following Paper -
Explanatory Statement, Cross-Border Justice Bill 2009 (Paper 183).

      On the motion of the Member for Blain (Mr Mills) debate was adjourned.
6. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 2008 (Serial 24):
      The Minister for Natural Resources, Environment and Heritage (Ms Anderson), pursuant to notice, presented a Bill for an Act to amend the Territory Parks and Wildlife Conservation Act.
      Bill read a first time.
      Ms Anderson moved - That he Bill be now read a second time.
      Debate ensued.
      Paper tabled: Ms Anderson laid on the Table the following Paper -
Explanatory Statement, Territory Parks And Wildlife Conservation Amendment Bill 2008 (Paper 184).
        On the motion of the Member for Brennan (Mr Chandler) debate was adjourned.

    7. GEOTHERMAL ENERGY BILL 2008 (Serial 22):
        The Minister for Primary Industry, Fisheries and Resources (Mr Vatskalis), pursuant to notice, presented a Bill for an Act about the rights to conduct activities for the exploration of geothermal energy resources and the production of geothermal energy, and for related purposes.
        Bill read a first time.
        Mr Vatskalis moved - That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: Mr Vatskalis laid on the Table the following Paper -
    Explanatory Statement, Geothermal Energy Bill 2008 (Paper 185).
          On the motion of the Member for Katherine (Mr Westra van Holthe) debate was adjourned.
      8. LIVESTOCK BILL 2008 (Serial 13):
          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.
          _________________

          Visitors The Speaker advised Members of the presence in the public galleries of Kormilda College Year 9 students accompanied by Ms Leanne Hedley and Mr Christopher Baker.
          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 12.06pm and 2pm.
          _________________
      9. QUESTIONS:
          2.01pm Mr Mills to Mr Henderson and referred to Dr Burns.
          2.08pm Mr Gunner to Mr Henderson.
          2.11pm Mr Conlan to Dr Burns.
          2.13pm Ms Walker to Mr Henderson.
          2.18pm Mr Conlan to Dr Burns.
          2.19pm Mr Gunner to Mr Henderson.
          2.26pm Mr Conlan to Dr Burns.
          2.31pm Ms Walker to Ms McCarthy.
          2.34pm Mr Conlan to Dr Burns.
          2.37pm Mr McCarthy to Mr Vatskalis.
          2.40pm Mr Conlan to Dr Burns.
          2.42pm Ms Walker to Dr Burns.
          2.47pm M Wood to Mr Henderson.
          2.50pm McCarthy to Ms Anderson.
          2.52pm Mr Conlan in asking a question of the Minister for Health (Dr Burns) made comments which called the Minister to account for his responsibilities -
          Point of Order being taken -
          Suspension of Standing Orders: The Member for Greatorex (Mr Conlan) then moved a motion to suspend Standing Orders to censure the Minister for Health (Dr Burns).

          The Minister for Business and Employment (Mr Vatskalis) informed the Assembly that the government accepted the motion as a censure motion, pursuant to Standing Order 95.

          The Minister for Business and Employment (Mr Vatskalis) asked that further questions be placed on the Written Question Paper.
      10. CENSURE OF MINISTER FOR HEALTH - MOTION NEGATIVED:
          The Member for Greatorex (Mr Conlan) thereupon moved - That the Minister for Health be censured for his abject failure to manage the health department on behalf of Territorians and for his cowardice in refusing to accept responsibility for his role as minister.
          Debate ensued.
          The Minister for Business and Employment (Mr Vatskalis) 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, 12 NOES, 10

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

          And so it was resolved in the affirmative.
          Question - That the motion be agreed to - put.
          The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

          AYES, 10 NOES, 12

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

          Motion negatived accordingly.
      11. LIVESTOCK BILL 2008 (Serial 13):
          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 -
          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)

          Bill, by leave, taken as a whole.
          Debate ensued.
          Question - that the Bill as printed be agreed to - put and passed.
          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.

          On the motion of the Minister for Primary Industry, Fisheries and Resources (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
      12. PLANT HEALTH BILL 2008 (Serial 15):
          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 Primary Industry, Fisheries and Resources (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
      13. NEXT MEETING:
          The Minister for Business and Employment (Mr Vatskalis) moved - That the Assembly at its rising adjourn until Tuesday 10 February 2009 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
          Question - put and passed.
      14. REMUNERATION TRIBUNAL REPORT ON THE ENTITLEMENTS OF ASSEMBLY MEMBERS AND DETERMINATION NO. 1 OF 2008 - REPORT PRINTED - MOTION TO NOTE REPORT:
          The Minister for Business and Employment (Mr Vatskalis), on behalf of and at the request of the Chief Minister (Mr Henderson) laid on the Table the Remuneration Tribunal Report on the Entitlements of Assembly Members and Determination No. 1 of 2008 (Paper 176).
          Mr Vatskalis moved - That the Report be printed.
          Question - put and passed.
          Mr Vatskalis made a statement relating thereto.
          Mr Vatskalis moved - That the Assembly take note of the Report.
          Mr Vatskalis was granted leave to continue his remarks at a later hour - Debate adjourned.
      15. OMBUDSMAN REPORT 2007/2008 - PAPER TABLED - REPORT PRINTED - MOTION TO NOTE REPORT:
          The Minister for Business and Employment (Mr Vatskalis), on behalf of and at the request of the Chief Minister (Mr Henderson), laid on the Table the Report of the Ombudsman 2007/2008, 30th Annual Report (Paper 181).
          Mr Vatskalis moved - That the Report be printed.
          Question - put and passed.
          Mr Vatskalis made a statement relating thereto.
          Mr Vatskalis moved - That the Assembly take note of the Report.
          Mr Vatskalis was granted leave to continue his remarks at a later hour - Debate adjourned.

      16. ADJOURNMENT:
          The Chief Minister (Mr Henderson) moved - That the Assembly do now adjourn.
          Debate ensued.
          Quorum: The Member for Fong Lim (Mr Tollner) drew the attention of the Speaker to the state of the House.
          Bells having been rung and a quorum having been obtained -

          Debate continued.
          Quorum: The Member for Fong Lim (Mr Tollner) drew the attention of the Speaker to the state of the House.
          A quorum having been obtained -

          Debate continued.
          And the Assembly adjourned at 7.07pm until Tuesday 10 February 2009 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
          ________________

          PAPERS:
          Thee following Papers were deemed to have been presented on Thursday 27 November 2008 -

          Annual Reports
          AustralAsia Railway Corporation, 2007/2008 (Paper 166)
          Commissioner of Consumer Affairs, 2007/2008 (Paper 174)
          Darwin Port Corporation, 2007/2008 (Paper 180)
          Darwin Waterfront Corporation, 2007/2008 (Paper 167)
          Department of Corporate and Information Services, 2007/2008 (Paper 170)
          Department of Local Government, Housing and Sport 2007/2008, (Paper 168)
          Department of Planning and Infrastructure, 2007/2008 (Paper 179)
          Desert Knowledge Australia, 2007/2008 (Paper 169)
          Northern Territory Electoral Commission, 2007/2008 (Paper 187)
          Land Development Corporation, 2007/2008 (Paper 171)
          Legal and Constitutional Affairs Committee, 2007/2008 (Paper 186)
          Northern Territory Government Building Energy and Greenhouse Report, 2006/2007 (Paper 182)
          Northern Territory of Australia – Aboriginal Areas Protection Authority, 2007/2008 (Paper 172)
          Tourism NT, 2007/2008 (Paper 173)

          By-Laws
          Batchelor Institute of Indigenous Tertiary Education (Academic Board) By-Laws (Paper 175)

          Reports
          Health and Community Services Complaints Commission, Report on Investigation of Royal Darwin Hospital Security Arrangements for the protection of Children and Infants Paediatric ward 5B – Volume 1 (Paper 163)
          Health and Community Services Complaints Commission, Report on Investigation of Royal Darwin Hospital Security Arrangements for the protection of Children and Infants Paediatric ward 5B - Volume 2 (Paper 164)
          Remuneration Tribunal Report and Recommendations on the Entitlements of Acting and Relieving Magistrates, Determination No. 1 of 2008 (Paper 177)
          Remuneration Tribunal Report on the Entitlements of Magistrates, Determination No. 2 of 2008 (Paper 178)
      _________________
          ATTENDANCE:
          All Members attended the sittings, except Ms Lawrie.




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