Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2011-05-03

    1. MEETING:
        The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 31 March 2011. The Speaker, the Honourable J. L. Aagaard, took the Chair.

    2. PRAYERS.

    3. STATEMENT BY SPEAKER – SOUND AND VISION SYSTEM:
        The Speaker advised Members that audio technicians would be occupying the Sarjeant-at-Arms’ desk on the floor of the Chamber to manage the new sound and vision system.

    4. MESSAGE FROM THE ADMINISTRATOR – MESSAGE NO. 25:
    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:

    18 April 2011
    Bail Amendment Act 2011 (Act No 8 of 2011)
    Care and Protection of Children (Children’s Commissioner) Amendment Act 2011 (Act No 9 of 2011)
    Criminal Law Amendment (Sentencing Appeals) Act 2011 (Act No 10 of 2011)
    Darwin Port Corporation Legislation Amendment Act 2011 (Act No 11 of 2011)
    Electronic Transactions (Northern Territory) Amendment Act 2011
        (Act No 12 of 2011)
        Health and Community Services Complaints Amendment Act 2011
        (Act No 13 of 2011)

        Dated 19 April 2011.


        Thomas Ian Pauling, AO QC
        Administrator (Paper 1274)


    5. MESSAGE FROM THE ADMINISTRATOR – MESSAGE NO. 26, APPROPRIATION BILL:
        The Speaker advised Members of receipt of the following Message from His Honour the Administrator:
    Message No. 26

    Recommending Appropriation (2011-2012) Bill 2011

    I, THOMAS IAN PAULING, the Administrator of the Northern Territory of Australia, under section 11 of the Northern Territory (Self-Government Act) 1978 (Cth), recommend to the Legislative Assembly a Bill for an Act to authorise the issuing and expending of public moneys of the Territory for the year ending 30 June 2012.

    Dated 28 April 2011.

    (Sgd) T I PAULING AO QC
    Administrator (Paper 1275)

    6. PETITIONS:
        Responses: The Clerk, pursuant to Standing Order 100A, advised members of a response to Petition No. 52 relating to a Basketball Stadium at an Alice Springs Middle School, had been received and a copy would be included in the Hansard record and placed on the Legislative Assembly website. (Paper 1276)

    7. WITHDRAWAL OF NOTICE BY MEMBER FOR JOHNSTON – VEHICLE SALE BY MEMBER FOR KATHERINE:
        The Clerk advised the Assembly, pursuant to Standing Order 107, that Government Business, Notice No. 1 standing in the name of Dr Burns relating to allegations of fraud by the Member for Katherine was withdrawn.

    8. ROUTINE OF BUSINESS, ORDER OF BUSINESS - TREASURER'S BUDGET SPEECH 2011-2012 – MOTION AGREED TO:
        The Leader of Government Business (Dr Burns), by leave, moved – That the Routine of Business of the Assembly, Government Business - Notices and Orders of the Day, be rearranged or suspended, if a question or debate is before the Chair, so as to permit the Treasurer to deliver the Budget 2011/2012 at 11am this day.
        Question – put and passed.
    9. ROUTINE OF BUSINESS, ORDER OF BUSINESS - LEADER OF OPPOSITION RESPONSE TO BUDGET 2011-2012 – MOTION AGREED TO:
        The Leader of Government Business (Dr Burns), by leave, moved - That the Routine of Business of the Assembly, Government Business - Notices and Orders of the Day, be rearranged or suspended, if a question or debate is before the Chair, so as to permit a response to the Budget 2011/2012 by the Leader of the Opposition at 11am on Wednesday 4 May 2011.
        Question - put and passed.

    10. EDUCATION LEGISLATION AMENDMENT BILL 2011 (Serial 160):
        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.
        Debate suspended.
    11. BROADCAST OF BUDGET SPEECH 2011-2012 - STATEMENT BY SPEAKER:
        The Speaker advised Members that permission had been given for -
        the Northern Territory News to take photographs.
    12. VISITORS: The Speaker advised Members of the presence in the Speaker’s Gallery of Treasury staff.
        On behalf of all Members the Speaker extended a warm welcome.

    13. APPROPRIATION (2011-2012) BILL 2011 (Serial 163):
        The Treasurer (Ms Lawrie) presented a Bill for an Act to authorise the issuing and expending of public moneys of the Territory for the financial year ending 30 June 2012, the subject of His Honour the Administrator’s Message No. 26 notified earlier this day.
        Bill read a first time.
        Ms Lawrie moved – That the Bill be now read a second time.
        Papers Tabled: The Treasurer (Ms Lawrie) laid on the Table the following Papers –

        Budget Paper No. 1 – Budget Speech, 2011/2012 (Paper 1277);
        Budget Paper No. 2 – Fiscal and Economic Outlook, 2011/2012 (Paper 1278)
        Budget Paper No. 3 – The Budget, 2011/2012 (Paper 1279);
        Budget Paper No. 4 –The Infrastructure Program, 2011/2012 (Paper 1280);
        Northern Territory Economy, 2011/2012 (Paper 1282);
        Northern Territory Economy Overview, 2011/2012 (Paper 1283);
        Regional Highlights, 2011/2012 (Paper 1284);
        Budget Overview 2011/2012 (Paper 1281).
        Helping Families to Get Ahead – Building on Opportunities 2011/2012 (Paper 1285).
        Debate ensued.
        On the motion of the Minister for Health (Mr Vatskalis) debate was adjourned.
    14. QUESTIONS:
        The Speaker advised Members that with their concurrence, questions today would be taken at 2.30pm.
        __________________

        Suspension of sittings: The sittings of the Assembly was suspended between 11.45am and 2.30pm.
        __________________

    15. NOTICES:
        The following Notices were given:
        Ms Lawrie: To present the Revenue Legislation Amendment Bill 2011 (Serial 164).

        Mr Elferink: To move - That:
                1. The Assembly appoints a committee known as the Select Committee on Animal Welfare Governance in the Northern Territory, comprising:
                    (a) two government members nominated by the Chief Minister, and two opposition members nominated by the Leader of the Opposition;

                    (b) one Independent member, with the Chair of the committee being appointed from the opposition members; and

                    (c) a government member being appointed Deputy Chair of the committee, with members being nominated no later than 6 May 2011.
                2. The committee be empowered to inquire into and report on animal welfare governance in the Northern Territory and various government departments that are associated with animal welfare, husbandry or research, with particular reference to:

                    (a) the appropriateness and effectiveness of the current NT Animal Welfare Act and Regulations and other relevant legislation including provisions in regard to prosecution.

                    (b) the processes and systems adopted by the Department of Resources and its predecessors, the Department of Local Government, Housing and Regional Services and its predecessors, the Office of the Ombudsman NT and the Charles Darwin University in relation to the recent investigations into animal welfare issues at the Charles Darwin University owned cattle station;
                3. The committee be empowered to send for persons, papers and records, to sit in public or in private session notwithstanding any adjournment of the Assembly, to adjourn from place to place and have leave to report from time-to-time its proceedings and the evidence taken from all relevant parties, make such interim recommendations as it may deem fit, and to publish information pertaining to its activities from time to time.

                4. The committee have an inquiry term of three months from its date of establishment, with a requirement to provide a final report to be tabled within the Assembly no later than August 2011.

                5. The committee be empowered to publish from day-to-day such papers and evidence as may be ordered by it, and, unless otherwise ordered by the committee, a daily Hansard be published of such proceedings as take place in public.

                6. The foregoing provisions of the resolution, so far as they are inconsistent with standing orders, have effect notwithstanding anything contained in the standing orders.

        Mr McCarthy: To present the Traffic and Other Legislation Amendment Bill 2011 (Serial 166).

        Dr Burns: To move – That the Assembly appoint an Estimates Committee 2011/2012 and a Government Owned Corporations Scrutiny Committee 2011/2012, pursuant to the Terms circulated to Members (paper 1295).

        Dr Burns: To move - That the Assembly –
                (1) Condemn the Member for Katherine for not giving a full and truthful personal explanation on the 31st of March 2011 regarding the used car scandal he has been embroiled in and in so doing he has deliberately misled this Assembly and the people of the Northern Territory. Principally, he asserted that he had merely made “mistakes” and he did not inform the Assembly of the damaging findings in the 2004 Ombudsman’s Report into the matter, namely that:
                    (a) He altered the original Notice of Disposal and Application to Transfer documents, not once but twice, and that it was “difficult to accept S/Const Westra Van Holthe’s denial that this was done without intention to deceive or avoid prosecution and penalty…” (p12);

                    (b) It was “clearly open to inference that this was a deliberate attempt by Constable Westra Van Holthe to avoid statutory penalty for his failure to register a motor vehicle transaction and pay transfer fees and stamp duty within 14 days of the sale.” (p12);

                    (c) The alteration itself was “unlawful” (p12);

                    (d) He “used his position as a police officer to his personal advantage” (p14);

                    (e) His unauthorised access of MVR records at his home constituted a “conflict of interest and improper conduct” (p14).
                (2) Call on the Leader of the Opposition to immediately remove the Member for Katherine as Shadow Treasurer and outline his knowledge of the scandal and when he became aware of the Ombudsman’s Report.
        Paper tabled: Dr Burns laid on the Table the following Paper –

        Ombudsman for the Northern Territory of Australia re Complaint Against Police – Motor Vehicle and Senior Constable Westra van Holthe, dated 14 December 2004 (Paper 1286).
        Visitors: The Speaker advised Members of the presence in the Public Gallery of Charles Darwin University ESL students accompanied by Ms Jill Rathbone and Ms Annie Grivell; and the Department of Education and Training Strategic Policy Performance Unit members.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.

    16. QUESTIONS:
        2.37pm Mr Mills to Chief Minister.
        2.40pm Ms Walker to Ms Lawrie.
        2.43pm Mr Mills to Mr Henderson.
        2.47pm Ms Scrymgour to Mr Henderson.
        2.50pm Mr Mills to Mr Henderson.
        2.54pm Mr Wood to Ms Lawrie.
        2.57pm Mr Gunner to Ms Lawrie.
        2.59pm Mr Mills to Mr Henderson.
        3.01pm Ms Walker to Mr Henderson.
        3.07pm Mr Westra van Holthe to Ms Lawrie.
        3.11pm Mr Wood to Dr Burns.
        3.14pm Ms Scrymgour to Mr McCarthy.
        3.17pm Mr Westra van Holthe to Ms Lawrie.
        3.20pm Ms Anderson to Mr Vatskalis.
        3.23pm Mr Mills to Mr Henderson.
        3.24pm Mr Gunner to Mr Vatskalis.
        3.26pm Mr Westra van Holthe to Ms Lawrie.
        3.30pm Ms Walker to Dr Burns.
        3.32pm Mr Wood to Mr Hampton.

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

    17. EDUCATION LEGISLATION AMENDMENT BILL 2011 (Serial 160):
        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.
        Leave granted for a motion for the third reading of the Bill to be moved forthwith.
        On the motion of the Minister for Education and Training (Dr Burns) the Bill was read a third time and passed to be a proposed law.
    18. PRIVATE HOSPITALS AND NURSING HOMES AMENDMENT BILL 2011 (Serial 155):
        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 Health (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
    19. AUDIT AMENDMENT BILL 2011 (Serial 157):
        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 –
        Question – put and passed, without debate.
        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 Chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
    20. APPROPRIATION (2011-2012) BILL 2011 (Serial 163):
        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.
        On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
    21. 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 Katherine (Mr Westra van Holthe) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Cairns to attend and speak at a Conference entitled Developing Australia’s North on 11 and 12 April 2011, letter dated May 2011 (Paper 1297).
    22. NT GOVERNMENT AGENCIES’ INTERNAL CONTROLS, PUBLIC ACCOUNTS COMMITTEE – MOTION TO NOTE REPORT:
        The Chair of the Public Accounts Committee (Mr Gunner) laid on the Table a Report of the Public Accounts Committee into NT Government Agencies’ Internal Controls (Paper 1296).
        Mr Gunner made a statement relating thereto.
        Mr Gunner moved – That the Assembly take note of the Report and leave be granted to continue his remarks at a later hour.
        Leave granted.
        Debate adjourned.
    23. MATTER OF PUBLIC IMPORTANCE – CHILD PROTECTION:
        The Speaker advised the Assembly the Member for Araluen (Mrs Lambley) had proposed the following definite Matter of Public Importance for discussion this day:
          The unacceptably low standards of child protection set by the current Territory Government that sees an infant child returned to parents after being left alone in a lane way in Tennant Creek.

        Discussion ensued.
        Discussion concluded.
    24. FURTHER NOTICE:
        The Member for Fong Lim (Mr Tollner), by leave, gave the following further Notice -
        Mr Tollner: To move – That the Assembly –
            1. call on the Australian Government to exempt the Northern Territory from proposed carbon emissions taxes for at least fifty years or until such time as global consensus has been reached on a worldwide carbon emissions reduction plan.

            2. through the Speaker forward the terms of this motion to the Speaker of the House of Representatives and President of the Senate.
      25. ADJOURNMENT:
          The Minister for Natural Resources, Environment and Heritage (Mr Hampton) moved - That the Assembly do now adjourn.
          Debate ensued.
          Paper tabled: The Member for Nelson (Mr Wood), by leave, laid on the Table the following Paper -

          Parliamentarians Politicians and Accountability, Paper by Andrew Murray delivered to the Australasian Council of Public Accounts Committees (ACPAC) Eleventh Biennial Conference in Perth 27 to 29 April 2011 (Paper 1298).

          Debate continued.
          Question - put and passed.
          And the Assembly adjourned at 8.48pm, until Wednesday 4 May 2011 at 10am.
          ________________

          PAPERS:
          The following Papers were deemed to have been presented on Tuesday 3 May 2010.

          Inquiry
          Final advice to the Minister for Natural Resources, Environment and Heritage in relation to the review and assessment of a Petrol Spill at Rio Tinto Alcan’s Gove Alumina Plant, Alister Trier, Acting Chief Executive, EPA, Northern Territory, dated 11 February 2011 (Paper 1294)

            Regulations 2011
            No. 07, Dangerous Goods Amendment (Paper 1287)
            No. 08, Fines and Penalties Recovery Amendment (Environment Protection) (Paper 1288)
            No. 09, Superannuation Amendment (Paper 1289)
            No. 10, Environment Protection (Beverage Containers and Plastic Bags) (Paper 1290)
            No. 11, Environmental Offences and Penalties (Paper 1291)

            Rules 2011
            No. 12, Justices, dated 4 April 2011 (Paper 1292)
            No. 13, Legal Practitioners Disciplinary Tribunal, dated 28 February 2011 (Paper 1293)
        ____________________
            ATTENDANCE:
            All Members attended the sittings.
      Last updated: 04 Aug 2016