Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2010-11-30

    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 laid on the Table the following Message from the Administrator –
        Message No. 22
    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 November 2010

        Criminal Code Amendment (Mental Impairment and Unfitness for Trial) Act 2010 (Act No.33 of 2010)
        Territory Parks and Wildlife Conservation Legislation Amendment Act 2010 (Act No.34 of 2010)
        Territory Insurance Office and Other Legislation Amendment Act 2010 (Act No.35 of 2010)
        Mineral Titles (Consequential Amendments) Act 2010 (Act No.37 of 2010)
        Oaths, Affidavits and Declarations Act 2010 (Act No.39 of 2010)
        Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No.40 of 2010)
        Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No.38 of 2010)
        Personal Injuries (Liabilities and Damages) Amendment Act 2010 (Act No.36 of 2010)

        Dated 25 November 2010.


        Thomas Ian Pauling, AO QC
        Administrator (Paper 1107)

    4. LEAVE OF ABSENCE, MEMBER FOR MACDONNELL – MOTION AGREED TO.
        The Member for Nelson (Mr Wood), by leave, moved – That the Member for Macdonnell (Ms Anderson) have leave of absence for Tuesday 30 November 2010.
        Question – put and passed.

    5. COUNCIL OF TERRITORY CO-OPERATION COMMITTEE – DISCHARGE OF MEMBER FOR MACDONNELL – MOTION AGREED TO:
        The Member for Nelson (Mr Wood), by leave, moved – That the Member for Macdonnell (Ms Anderson) be discharged from the service on the Council of Territory Co-operation Committee.
        Question – put and passed.
    6. OCCUPATIONAL LICENSING (NATIONAL UNIFORM LEGISLATION) BILL 2010 (Serial 139):
        The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to provide for a national law to regulate the licensing of certain occupations, and for related purposes.
        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, Occupational Licensing (National Uniform Legislation) Bill 2010 (Paper 1108).

        On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
    7. CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT (NATIONAL UNIFORM LEGISLATION) BILL 2010 (Serial 132):
        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 gallery of Moil Primary School Year 5/6 students.
        The Speaker on behalf all Members extended a warm welcome to the visitors.
        _____________

        Debate continued.
        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 Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.

    8. AUDITOR-GENERAL'S OCTOBER 2010 REPORT TO THE LEGISLATIVE ASSEMBLY – 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.
        Extension of time: On the motion of the Member for Goyder (Ms Purick) the Member for Katherine (Mr Westra van Holthe) was granted an extension of time, pursuant to Standing Order 77.

        Debate continued.
        Debate suspended.
    9. MATTER OF PUBLIC IMPORTANCE – MONTARA PROJECT - WITHDRAWN:
        The Member for Member for Goyder (Ms Purick) withdrew her proposed Definite Matter of Public Importance delivered to the Speaker earlier this day relating to the Montara Project.
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        Suspension of the Sittings: The sittings of the Assembly was suspended between 12 Noon and 2pm.
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        Visitors: The Speaker advised Members of the presence in the Speaker’s Gallery of a group from the University of the Third Age, Palmerston Branch.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.

    10. NOTICES:
        The following Notices were given:

        Mr Henderson: To present the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Bill 2010 (Serial 144).

        Ms Lawrie: To present the Criminal Code Amendment (Criminal Damage) Bill 2010 (Serial 141).

        Dr Burns: To move – That:
                1. clause 14 and Schedule 4 of the Determination of Entitlements of Assembly Members determined by the Remuneration Tribunal on 21 September 2010 (“the 2010 Determination”) are disallowed pursuant to section 21(3) of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements Act (NT); and

                2. notwithstanding the commencement of so much of the 2010 Determination as is not disallowed, clause 14 and Schedule 2 of the Determination of Entitlements of Assembly Members determined by the Remuneration Tribunal on 30 October 2009 shall continue in effect pursuant to section 21(7) of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act (NT).

        Mr McCarthy: To present the Control of Roads Amendment Bill 2010 (Serial 142).

    11. QUESTIONS:
        2.01pm Mr Mills to Mr Henderson.
        2.05pm Mr Mills to Mr Henderson and referred to Ms Lawrie.
        Paper tabled: Ms Lawrie laid on the Table the following Paper –

        Letter, Mr Paul Pirani, Chief Legal Officer, Australian Electoral Commission to Hon Ms Delia Lawrie MLA, Minister for Justice and Attorney-General to re allegations re Mr Tony Abbott and Mr Terry Mills (Paper 1109).
          2.06pm Ms Scrymgour to Ms Lawrie.
          2.09pm Mr Elferink to Mr Henderson.
          2.12pm Ms Walker to Mr Henderson.
          2.16pm Mr Elferink to Ms Lawrie.
          2.20pm Mr Wood to Mr McCarthy.

          Distinguished Visitors: The Speaker advised Members of the presence in the public galleries of Hon Syd Stirling former Deputy Chief Minister and Treasurer of the Northern Territory and Mr Kim Hill CEO of the Northern Land Council.
          On behalf of all Members the Speaker extended a warm welcome to the visitors.

          2.24pm Mr Gunner to Ms Lawrie.

          Distinguished Visitor: The Speaker advised Members of the presence in the public gallery of Mr Rick Setter a former Member of the Legislative Assembly of the Northern Territory.
          On behalf of all Members the Speaker extended a warm welcome to the visitor.

          2.27pm Mr Elferink to Ms Lawrie.
          2.31pm Ms Scrymgour to Mr Vatskalis.
          2.34pm Mr Wood to Ms McCarthy.
          2.37pm Mr Elferink to Ms Lawrie.
          2.42pm Ms Walker to Mr Hampton.
          2.46pm Mr Elferink to Ms Lawrie.
          2.49pm Mr Wood to Mr Hampton.
          2.51pm Mr Gunner to Ms McCarthy.
          2.53pm Mr Elferink to Ms Lawrie.
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          Suspension of Standing Orders: And the Member for Port Darwin (Mr Elferink) moved – That so much of Standing Orders be suspended as would prevent him censuring this government in its entirety for its dishonest attack on the Leader of the Opposition using unfounded allegations of crime and recklessly peddling third party slander to that end, 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.

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

      12. CENSURE OF GOVERNMENT – ALLEGATIONS AGAINST LEADER OF OPPOSITION – MOTION NEGATIVED:
          The Member for Port Darwin (Mr Elferink) moved - That the Assembly censure this government for its dishonest attack on the Leader of the Opposition using unfounded allegations of crime and recklessly peddling third party slander to that end.
          Debate ensued.
          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.
      13. PAIRS:
          The Speaker laid on the Table the following pair arrangement –

          Member for Daly (Mr Knight) for the Member for Goyder (Ms Purick) for the period 6.30pm to 9pm, 30 November 2010 (Paper 1118).
      14. AUDITOR-GENERAL'S OCTOBER 2010 REPORT TO THE LEGISLATIVE ASSEMBLY – REPORT NOTED:
          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.
          Question – put and passed.

      15. COUNCIL OF TERRITORY CO-OPERATION, ANNUAL REPORT TO 30 JUNE 2010 – REPORT NOTED:
          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.
          Question – put and passed.
      16. NEW ERA OF CORRECTIONS – MINISTERIAL STATEMENT – STATEMENT NOTED:
          The Minister for Corrections (Mr McCarthy) made a Statement relating to corrections facilities in the Northern Territory.
          Mr McCarthy moved – That the Assembly take note of the Statement.
          Debate ensued.
          Extension of time: On the motion of the Minister for Health (Mr Vatskalis) the Minister for Corrections (Mr McCarthy) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          Question – put and passed.

      17. REVISED SITTINGS PROGRAM 2011 – PAPER TABLED:
          The Speaker laid on the Table the revised schedule of parliamentary sitting dates for 2011 (Paper 1119).

      18. ADJOURNMENT:
          The Minister for Health (Mr Vatskalis) moved – That the Assembly do now adjourn.
          Debate ensued.
          Paper tabled: The Member for Brennan (Mr Chandler), by leave, laid on the Table the following Paper –

          Letter, Residents of the Unit Complex, 22 Bonson Terrace, Moulden to Manager, Territory Housing Commission re Complaint against resident at Unit 2/22 Bonson Terrace Moulden NT (Paper 1120).
            Debate continued.
            And the Assembly adjourned at 9.02pm until 1 December 2010 at 10am.
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            PAPERS:
            The following Papers were deemed to have been presented on Tuesday 30 November 2010 -
              Annual Reports
              Alice Springs Hospital Management Board, 2009/2010 (Paper 1112)
              Desert Knowledge Australia, 2009/2010 (Paper 1110)
              Gove District Hospital Management Board, 2009/2010 (Paper 1114)
              Katherine Hospital Management Board, Interim, 2009/2010 (Paper 1115)
              Royal Darwin Hospital Management Board, 2009/2010 (Paper 1113)
              Tennant Creek Hospital Management Board, 2009/2010 (Paper 1116)

              Coroners Act
              In the matter of Coroner’s Findings and Recommendations into the death of Steven Garawirrtjya, pursuant to section 46B, dated 24 November 2010 (Paper 1117)

              Financial Report
              Desert Knowledge Australia 2009/2010 (Paper 1111)
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              ATTENDANCE:
              All Members attended the sittings except Ms Anderson, on leave.
        Last updated: 04 Aug 2016