Minutes of Proceedings - 2010-05-04
- 1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
- The Speaker advised Members of receipt of the following Message from His Honour the Administrator:
Message No. 18
Recommending Appropriation (2010 -2011) Bill 2010
Recommending Appropriation (2010 -2011) Bill 2010
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 2011.
Dated 28 April 2010
(Sgd) T I PAULING AO QC
Administrator (Paper 753)
4. ROUTINE OF BUSINESS, ORDER OF BUSINESS - TREASURER'S BUDGET SPEECH 2010-2011 – 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 2010/2011 at 11am this day.
Question – put and passed.
- 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 2010/2011 by the Leader of the Opposition at 11am on Wednesday 5 May 2010.
Question - put and passed.
6. PETITIONS:
- The Member for Daly (Mr Knight) presented Petition No. 30 from 137 petitioners relating to the rejection of a development application at Wooliana Road Daly River to construct 72 Units. (Paper 754)
Petition read.
7. HEALTH PRACTITIONER (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2010 (Serial 93):
- 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 of the Whole.
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In Committee
(Deputy Speaker and Chair of Committees Ms Walker in the Chair)
(Deputy Speaker and Chair of Committees Ms Walker in the Chair)
Clauses 1 to 16, by leave taken together and agreed to.
Clause 17 read.
On the motion of the Minister for Health (Mr Vatskalis) the following amendment was agreed to, after debate –
Omit and substitute -
Part 12 Transitional matters for implementation of Health Practitioner Regulation National Law (NT)
145 Definitions
- In this Part:
commencement day means the day on which the implementation provisions commence.
former Board means a Board that:
(a) had been established under this Act for a category of health care practice; and
(b) ceased to exist on the commencement day.
implementation provisions means Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010.
National Board means a National Board established by the Health Practitioner Regulation National Law (NT).
- (1) Subsection (2) applies if section 289 of the Health Practitioner Regulation National Law (NT) (the transitional provision) applies in relation to a complaint being dealt with immediately before the commencement day.
(2) For applying the transitional provision, this Act is the Act of the participating jurisdiction under which the complaint was made (the notification Act) even though the provision refers to the notification Act being repealed.
(3) Subsection (4) applies if, immediately before the commencement day, the Tribunal had not completed an inquiry into a complaint referred to it by a former Board.
(4) The Tribunal must deal with the complaint as the responsible Tribunal under Part 8, Division 12 of the Health Practitioner Regulation National Law (NT):
(a) as if:
- (i) the complaint had been referred to the Tribunal under that Law by a National Board; and
(ii) a reference in that law to the former Board were a reference to the National Board for the health profession for which the former Board had been established; and
- complaint includes a matter referred to the Tribunal under section 62(3) for an inquiry by a former Board on the basis that the complaint could have been grounds for a complaint.
(1) This section applies if, immediately before the commencement day:
- (a) an application in relation to information made to a former Board under Part 3, Division 2 or 3 of the Information Act had not been decided; or
(b) an application for review of a decision made to a former Board under Part 3, Division 4 of the Information Act had not been decided; or
(c) a complaint made under Part 7 of the Information Act about a decision made by a former Board had not been determined; or
(d) a complaint made under Part 5 of the Ombudsman Act in relation to an administrative action taken by a former Board had not been finally dealt with under that Act.
- (a) a former Board had decided an application under Part 3, Division 2 or 3 or Part 3, Division 4 of the Information Act; and
(b) on the commencement day, the applicant would have been entitled under the Information Act to apply for a review of the decision, or to make a complaint about the decision, if the implementation provisions had not commenced.
(3) The Information Act or Ombudsman Act continues to apply in relation to the application, complaint or decision:
(a) as if:
- (i) the implementation provisions had not commenced; and
(ii) a reference in that law to the former Board were a reference to the National Board for the health profession for which the former Board had been established; and
- (1) A health practitioner's business address recorded in a register immediately before the commencement day is taken to be the health practitioner's principal place of practice under the Health Practitioner Regulation National Law (NT).
(2) Subsection (1) has effect subject to the health practitioner declaring, under the Health Practitioner Regulation National Law (NT), another place to be the health practitioner's principal place of practice.
149 Definition
- In this Part:
commencement day means the day on which Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010 commences.
(1) A regulation may provide for a matter of a transitional nature:
- (a) because of the enactment of:
- (i) the Health Practitioner Regulation (National Uniform Legislation) Act 2010; or
(ii) the Health Practitioner (National Uniform Legislation) Implementation Act 2010; or
- (i) the Health Practitioner Regulation National Law (NT); or
(ii) this Act.
(3) However, to the extent to which the regulation has retrospective operation, it does not operate to the disadvantage of a person (other than the Territory or a Territory authority) by:
- (a) decreasing the person's rights; or
(b) imposing liabilities on the person.
151 Expiry
- This Part, and each regulation made under section 150, expires on 30 June 2011.
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.
And the Report was 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.
8. NORTHERN TERRITORY GOVERNMENT RESPONSE TO 1ST REPORT OF THE COUNCIL OF TERRITORY CO-OPERATION – MOTION TO NOTE REPORT:
- The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
Debate resumed.
Debate suspended.
- The Speaker advised Members that permission had been given for -
various media to broadcast live or rebroadcast, with sound and vision, the presentation of the Budget 2010-2011 and the Treasurer’s Budget Speech and the Leader of the Opposition's reply:
10. DISTINGUISHED VISITORS: The Speaker advised Members of the presence in the Speaker’s Gallery of -
Ms Jennifer Prince, Under Treasurer, and Treasury staff
Police Commission, Mr John McRoberts; the Solicitor-General of the Northern Territory, Mr Michael Grant QC; the Chief Executive of the Port Authority, Mr Robert Ritchie; and the Ombudsman, Ms Carolyn Richards
Mr Hugh Bradley, Honorary Consul for Sweden and Mrs Susanne Bradley AM
Ms Dawn Lawrie, former Member for Nightcliff
- On behalf of all Members the Speaker extended a warm welcome.
11. APPROPRIATION (2010-2011) BILL 2010 (Serial 99):
- 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 2011, the subject of His Honour the Administrator’s Message No. 18 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. 2 – Fiscal and Economic Outlook, 2010/2011 (Paper 756)
Budget Paper No. 3 – The Budget, 2010/2011 (Paper 757);
Budget Paper No. 4 –The Infrastructure Program, 2010/2011 (Paper 758);
Northern Territory Economy, 2010/2011 (Paper 762);
Northern Territory Economy Overview, 2010/2011 (Paper 759);
Regional Highlights, 2010/2011 (Paper 761);
Budget Overview 2010/2011 (Paper 760).
Delivering Now for Families – Investing in the Territory’s Future (Paper 763).
- Debate ensued.
On the motion of the Leader of the Opposition (Mr Mills) debate was adjourned.
- The Speaker advised Members that with their concurrence questions today be taken at 2.30pm.
Question – That Question Time be taken at 2.30pm – put.
Question – put and passed.
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Suspension of sittings: The sittings of the Assembly was suspended between 11.49am and 2.30pm.
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- Visitors: Speaker drew members attention to the presence in the gallery of Ms Bess Price, the Chair of the Northern Territory government’s Indigenous Affairs Advisory Council and, on behalf of honourable members, extend a very warm welcome.
- The following notices were given -
Mr Mills: To present the Information Amendment (Inter-Organisation Disclosure) Bill 2010 (Serial 105).
Ms Lawrie: To present the Revenue and Other Legislation Amendment Bill 2010 (Serial 102).
Dr Burns: To move - Motion circulated to Members for establishing the Terms of Reference for the Estimates Committee and the Government Owned Corporations Scrutiny Committee.
- Statement by Speaker: The Speaker made a statement relating to the general behaviour of Members during Questions and their use of frivolous points of order as a deliberate measure to interrupt proceedings.
2.31pm Mr Elferink to Ms Lawrie.
2.33pm Ms Walker to Ms Lawrie.
2.35pm Mr Elferink to Ms Lawrie.
2.37pm Ms Scrymgour to Mr Henderson.
2.40pm Mr Elferink to Ms Lawrie.
2.43pm Mr Wood to Dr Burns and referred to Mr McCarthy.
2.45pm Mr Gunner to Ms Lawrie.
2.48pm Mr Elferink to Ms Lawrie.
2.50pm Ms Walker to Ms Lawrie.
2.52pm Ms Anderson to Mr McCarthy.
2.53pm Mr Elferink to Ms Lawrie.
2.56pm Mr Gunner to Ms McCarthy.
3pm Mr Elferink to Ms Lawrie.
3.02pm Mr Wood to Mr McCarthy.
3.03pm Ms Scrymgour to Mr Henderson.
3.06pm Mr Elferink to Ms Lawrie.
3.10pm Ms Walker to Ms Lawrie.
3.13pm Mr Elferink to Ms Lawrie.
Paper tabled: Ms Lawrie laid on the Table the following Paper –
3.17pm Mr Gunner to Mr Knight.
3.20pm Mr Wood to Mr Vatskalis.
3.22pm Mr Elferink to Ms Lawrie.
3.26pm Ms Scrymgour to Mr Vatskalis.
3.29pm Mr Elferink to Ms Lawrie.
The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
- The Speaker laid on the Table the further Pair arrangements for this sittings period:
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Assembly take note of the Report –
Debate resumed.
Extension of time: On the motion of the Member for Katherine (Mr Westra van Holthe) the Member for Nelson (Mr Wood) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Katherine (Mr Westra van Holthe) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Question – put and passed.
- 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.
Extension of time: On the motion of the Member for Wanguri (Mr Henderson) Member for Goyder (Ms Purick) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Johnston (Dr Burns) Member for Wanguri (Mr Henderson) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Question – put and passed.
- 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 Speaker laid on the Table a Letter from the Member for Brennan (Mr Chandler), dated 27 April 2010 re Travel acquittal requirements pursuant to the Remuneration Tribunal Determination No.1 of 2009, paragraph 3.15 – re travel to Adelaide to meet with Dog and Cat Management Board of South Australia (Paper 766).
- The Speaker made a response to an issue raised at eh end of Questions today in the following terms:
“Honourable members will recall that at the conclusion of Question Time today, I undertook to provide an explanation and considered opinion on a ruling I gave in respect of points of order made by the member for Port Darwin and the member for Fong Lim in respect of an answer being given by the Treasurer, to a question by the member for Port Darwin on the Power and Water Corporation.
Members will recall that a response to the initial point of order by the member for Port Darwin in which he indicated that he required a yes or no answer, I ruled that there was no point of order. This ruling was based on the well-established practice in this Assembly and other Australian and overseas parliaments that a minister cannot be required to answer questions in a specific way.
In particular, I refer members to the following extract from the House of Representatives Practice 5th Edition at page 553:
- Even though a question may invite a yes or no answer, members cannot demand that an answer be in such terms.”
- The Minister for Women’s Policy (Ms McCarthy) made a statement relating to the conditions and opportunities for women in the Territory.
Debate ensued.
Extension of time: On the motion of the Member for Wanguri (Mr Henderson) the Member for Araluen (Ms Carney) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Debate adjourned, pursuant to Standing Order 41A(c)(v).
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: The Member for Drysdale (Mr Bohlin), by leave, laid on the Table the following Paper –
Debate continued.
Paper tabled: The Member for Johnston (Dr Burns) laid on the Table the following Paper –
Debate continued.
Question - put and passed.
And the Assembly adjourned at 10.00pm, until 5 May 2010 at 10am.
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PAPERS:
There were no Papers deemed to have been presented on Tuesday 4 May 2010.
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- ATTENDANCE:
All Members attended the sittings.
Last updated: 04 Aug 2016