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Minutes of Proceedings - 2008-10-29

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

2. PRAYERS.

3. PETITIONS:

The Member for Blain (Mr Mills) presented petition No. 4 from (2972 petitioners) relating to receipt of official birth and death certificates for births under 20 weeks (Paper 96).

Petition read.

The Member for Sanderson (Mr Styles) presented a petition No. 5 from (659 petitioners) relating to nursing and staff resources at Royal Darwin Hospital leading up to the death of Mrs Winter (Paper 97).

Petition read.

Leave denied:

And the Member for Port Darwin (Mr Elferink) having sought leave to speak to the petition - leave denied, a dissentient voice being raised.

4. MINISTERIAL REPORTS:

Australian Dollar Value, Business Uncertainties:

The Treasurer (Ms Lawrie) reported on the fall in the value of the Australian Dollar and possible effects on Territory business.

Mr Elferink responded.

Ms Lawrie replied.

Visitors:

The Speaker advised Members of the presence in the public gallery of Marrara Christian School Year 7 students accompanied by Mr Jon Russo.

The Speaker on behalf of all Members extended a warm welcome to the visitors.

Workplace Safety:

The Minister for Justice and Attorney-General (Dr Burns) reported on housing industry sector and construction work place health and safety legislative changes and requirements.

Ms Carney responded.

Mr Wood responded.

Dr Burns replied.

Shire Council Elections 2008:

The Minister for Local Government (Mr Knight) reported on the outcomes of the inaugural recent shire councils elections across the Territory.

Mr Westra van Holthe responded.

Mr Wood responded.

Mr Knight replied.

Ministerial Reports noted, pursuant to Standing Orders.

5. SENTENCING AMENDMENT (VIOLENT OFFENCES) BILL 2008 (Serial 4):

The Leader of the Opposition (Mr Mills), pursuant to notice, presented a Bill for an Act to amend the

Sentencing Act

Bill read a first time.

Mr Mills moved - That the Bill be now read a second time.

Debate ensued.

Paper tabled:

Mr Mills laid on the Table the following Paper -

Explanatory Statement, Sentencing Amendment (Violent Offences) Bill 2008 (Serial 4) (Paper 98).

On the motion of the Minister for Justice and Attorney-General (Dr Burns) debate was adjourned.

6. ACUTE CARE SERVICES NT REVIEW COMMITTEE, SELECT COMMITTEE - ESTABLISHMENT AND PROPOSED TERMS OF REFERENCE:

The Member for Greatorex (Mr Conlan), pursuant to notice, moved -

That this Assembly –

1. Establishes a Select Committee to be known as the Acute Care Services NT Review Committee;

2. The membership of the Committee be made up of three Members nominated by the Government, two members nominated by the Opposition, one independent Member, and assisted by a representative from the Australian Nursing Federation NT, a representative of the AMA NT, and one person with experience in the public health sector. The Chair is to be nominated by the Leader of Government Business and a Deputy Chairperson is to be nominated by the Leader of Opposition;

3. The Terms of Reference for the Committee are to:

(a) investigate Acute Care Services in Northern Territory Hospitals with a particular focus on the required level of nurse staffing levels to deliver patient care;

(b) have regard to the observations, evidence and findings that were available to the Coroner Greg Cavanagh in the inquest into the death of Mrs Winter; and

4. In establishing the Select Committee the Assembly does so subject to the Speaker tabling in the Assembly for its adoption a determination authorising the operational structure levels and terms and conditions of payment of meeting/sitting fees travel allowances paid to the Committee members in similar terms to that of the Statehood Steering Committee.

5. The Committee be empowered to compel evidence in accordance with Chapter XXVIII of the Standing Orders of the Assembly.

6. The Assembly requires the Chair of the Select Committee to report to the Assembly, no later than the final sitting day in February 2009, including in its report any and all recommendations.

Debate ensued.

Debate suspended.

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Suspension of sittings:

The sittings of the Assembly was suspended between 12.04pm and 2pm.

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7. NOTICES:

The following notice was given:

Ms Lawrie: To move - That, the Assembly refer the following matters to the Standing Orders Committee for inquiry and report to the Assembly during the November sitting of the Parliament:

1. That the Assembly sit three extra days each year;

2. That the Assembly commence at 9am and adjourns no later than 10pm ; and

3. That video and audio streaming of Parliamentary proceedings be allowed for broadcast and rebroadcast.

8. QUESTIONS:

2.02pm Mr Conlan to Dr Burns.

2.03pm Ms Walker to Mr Henderson.

2.06pm Mr Conlan to Dr Burns.

2.10pm Mr McCarthy to Mr Henderson.

2.15pm Mr Elferink to Ms Lawrie.

2.21pm Ms Walker to Ms Scrymgour.

2.26pm Mr Elferink to Ms Lawrie.

2.29pm Mr Gunner to Ms Lawrie.

2.32pm Mr Elferink to Ms Lawrie.

2.33pm Mr McCarthy to Mr Hampton.

2.36pm Mr Elferink to Ms Lawrie.

2.38pm Mr Gunner to Ms Anderson.

2.40pm Mr Wood to Ms Lawrie.

2.42pm Mr McCarthy to Mr Knight.

2.46pm Mr Elferink to Ms Lawrie.

2.47pm Mr McCarthy to Ms McCarthy.

2.49pm Mr Elferink to Ms Lawrie.

2.54pm Mr Gunner to Mr Vatskalis.

2.58pm Mr Elferink to Ms Lawrie.

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

9. ACUTE CARE SERVICES NT REVIEW COMMITTEE, SELECT COMMITTEE - ESTABLISHMENT AND PROPOSED TERMS OF REFERENCE - NEGATIVED:

The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the motion below -

That this Assembly –

1. Establishes a Select Committee to be known as the Acute Care Services NT Review Committee;

3. The Terms of Reference for the Committee are to:

(a) investigate Acute Care Services in Northern Territory Hospitals with a particular focus on the required level of nurse staffing levels to deliver patient care;

(b) have regard to the observations, evidence and findings that were available to the Coroner Greg Cavanagh in the inquest into the death of Mrs Winter; and

5. The Committee be empowered to compel evidence in accordance with Chapter XXVIII of the Standing Orders of the Assembly.

6. The Assembly requires the Chair of the Select Committee to report to the Assembly, no later than the final sitting day in February 2009, including in its report any and all recommendations.

Debate resumed.

Question - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 12 NOES, 13

Mr Bohlin Mrs Aagaard

Ms Carney Ms Anderson

Mr Chandler Dr Burns

Mr Conlan Mr Gunner

Mr Elferink Mr Hampton

Mr Giles Mr Henderson

Mr Mills Mr Knight

Ms Purick Ms Lawrie

Mr Styles Ms McCarthy

Mr Tollner Mr McCarthy

Mr Westra van Holthe Ms Scrymgour

Mr Wood Mr Vatskalis

Ms Walker

Motion negatived accordingly.

10. DARWIN CORRECTIONAL FACILITY, NEW - MOTION NEGATIVED:

The Member for Nelson (Mr Wood), pursuant to notice, moved -

That the new Darwin Correctional Facility be constructed on its present site at Berrimah and not built elsewhere, and that the government build prison farm facilities throughout the Territory as part of an alternative strategy to the existing prison policy.

Debate ensued.

Question - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 12 NOES, 13

Mr Bohlin Mrs Aagaard

Ms Carney Ms Anderson

Mr Chandler Dr Burns

Mr Conlan Mr Gunner

Mr Elferink Mr Hampton

Mr Giles Mr Henderson

Mr Mills Mr Knight

Ms Purick Ms Lawrie

Mr Styles Ms McCarthy

Mr Tollner Mr McCarthy

Mr Westra van Holthe Ms Scrymgour

Mr Wood Mr Vatskalis

Ms Walker

Motion negatived accordingly.

11. BERRIMAH FARM HOUSING ESTATE, PROPOSAL - MOTION NEGATIVED:

The Member for Nelson (Mr Wood), pursuant to notice, moved - That plans by the NT Government to demolish the Berrimah research station buildings and turn Berrimah Farm into housing should be scrapped and that a proper long term plan for the area involving Berrimah farm workers, community and industry participation be developed to set in place future long term development of the facility and surrounding farmlands.

Debate ensued.

Dinner Break:

Dinner break, pursuant to Sessional Order, was not proceeded with, by leave.

Debate continued.

Explanation of Speech:

The Member for Sanderson (Mr Styles), having obtained the call of the Speaker, pursuant to Standing Order 54, made an explanation of parts of his speech which had been misunderstood by the Member for Casuarina (Mr Vatskalis) during this debate.

Debate continued.

PAPER TABLED:

The Member for Nelson (Mr Wood), by leave, laid on the table the following Paper -

Map, planning area Berrimah Farm (Paper 102).

Debate continued.

Question - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 11 NOES, 13

Mr Bohlin Mrs Aagaard

Ms Carney Ms Anderson

Mr Conlan Dr Burns

Mr Elferink Mr Gunner

Mr Giles Mr Hampton

Mr Mills Mr Henderson

Ms Purick Mr Knight

Mr Styles Ms Lawrie

Mr Tollner Ms McCarthy

Mr Westra van Holthe Mr McCarthy

Mr Wood Ms Scrymgour

Mr Vatskalis

Ms Walker

Motion negatived accordingly.

12. FORFEITURE OF VEHICLES, HOON LEGISLATION - MOTION, AS AMENDED, AGREED TO:

The Member for Nelson (Mr Wood), pursuant to notice, moved - That, the NT Government amend Part VA of the

Traffic Act

which deals with the impounding and forfeiture of motor vehicles for certain offences, specifically to allow for -

(a) the confiscation of a vehicle for 48 hours if an offender has been found guilty of a first prescribed offence;

(b) on application to the local court the impoundment of a vehicle for up to three months if an offender has been found guilty of a second prescribed driving offence; and

(c) on application to the local court, the forfeiture of a vehicle if an offender has been guilty of a third prescribed driving offence.

Debate ensued.

The Member for Braitling (Mr Giles) moved the following amendment -

That the motion be amended by adding at the end of paragraph (c) -

"or a third drink driving offence in the last five years where one of those offences has recorded a blood alcohol reading of 0.15 or above".

Debate continued.

Extension of time:

The Member for Johnston (Dr Burns) moved - That the Treasurer (Ms Lawrie) be granted an extension of time, pursuant to Standing Order 77.

Question - That the motion to grant an extension of time be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 14 NOES, 11

Mrs Aagaard Mr Bohlin

Ms Anderson Ms Carney

Dr Burns Mr Chandler

Mr Gunner Mr Conlan

Mr Hampton Mr Elferink

Mr Henderson Mr Giles

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

Mr Wood

And so it was resolved in the affirmative - Extension of time agreed to.

The Leader of Government Business (Ms Lawrie) moved the following amendment -

Omit all words after "That" and insert in their stead -

"the Northern Territory Government bring forward a Bill to amend Part VA of the

Traffic Act

. The Bill will allow for:

increased penalties for first time offenders that allow for impounding of a vehicle.
increased penalties for repeat offenders
the provision for an application to the local court for forfeiture of a vehicle for a third offence.".

Debate continued.

Question - That the amendment moved by the Member for Braitling (Mr Giles) be agreed to.

Question - put and negatived.

Question - That the amendment moved by the Leader of Government Business (Ms Lawrie) and the main motion be agreed to put.

Debate ensued.

Amendment agreed to.

Main motion, as amended, agreed to.

13. LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE, REGISTRATION OF MISCARRIED BIRTHS - REFERENCE - MOTION, AS AMENDED, NEGATIVED:

The Member for Blain (Mr Mills) moved - That, the Legal and Constitutional Affairs Committee:

(a) conduct an inquiry into the legislative requirements necessary to provide for the registration of miscarried births prior to 20 weeks gestation in the Northern Territory;

(b) investigate the current arrangements in place in other jurisdictions both domestically and internationally;

(d) reports to the Assembly no later than 30 April 2009 or if the Assembly be not sitting, to the Speaker and by so doing the report is deemed to have been tabled in the Assembly and the Speaker be authorised to publish the report.

Debate ensued.

Mr Mills moved - That the following words be insert in paragraph (a) after the word "births", -

"including those".

Debate continued.

Amendment agreed to.

Motion, as amended, negatived.

14. FOI APPLICATIONS FEES, WAIVER FOR ASSEMBLY MEMBERS - MOTION NEGATIVED:

The Member for Drysdale (Mr Bohlin), pursuant to notice, moved - That,

(a) the parliament calls on the Northern Territory Government to immediately remove the fees levied against members of this parliament when making FOI applications;

(b) the parliament fully endorses an effective FOI system as a mechanism for holding government to account, and removing the barrier of costs levied on FOI requests of Members of this place will further improve government accountability, a basic expectation of the Territory community; and

(c) continuing to levy fees on Members of the Assembly for FOI applications effectively restrains them from carrying out their duties as an elected Member.

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, 13

Mr Bohlin Mrs Aagaard

Ms Carney Ms Anderson

Mr Chandler Dr Burns

Mr Conlan Mr Gunner

Mr Elferink Mr Hampton

Mr Giles Mr Henderson

Mr Mills Mr Knight

Ms Purick Ms Lawrie

Mr Styles Ms McCarthy

Mr Tollner Mr McCarthy

Mr Westra van Holthe Ms Scrymgour

Mr Vatskalis

Ms Walker

Motion negatived accordingly.

15. TERRITORY DEVELOPMENT TASKFORCE, INPEX - MOTION NEGATIVED:

The Member for Goyder (Ms Purick), pursuant to notice, moved - That, the Chief Minister establish a Territory Development Taskforce comprised of key representatives from the public and private sectors to co-ordinate the Territory Government’s response the social, community, economic and environmental challenges of establishing a $12 billion gas processing plant in Darwin Harbour by Inpex and Total.

Debate ensued.

Question - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 12 NOES, 13

Mr Bohlin Mrs Aagaard

Ms Carney Ms Anderson

Mr Chandler Dr Burns

Mr Conlan Mr Gunner

Mr Elferink Mr Hampton

Mr Giles Mr Henderson

Mr Mills Mr Knight

Ms Purick Ms Lawrie

Mr Styles Ms McCarthy

Mr Tollner Mr McCarthy

Mr Westra van Holthe Ms Scrymgour

Mr Wood Mr Vatskalis

Ms Walker

Motion negatived accordingly.

16. BOARDING SCHOOLS IN REGIONAL CENTRES - MOTION NEGATIVED:

The Member for Braitling (Mr Giles), pursuant to notice, moved - That, the Territory Government move to immediately establish a network of Boarding Schools in regional centres for students from remote areas as a response to the disastrous National Assessment Program in Literacy and Numeracy test results recorded by Territory students in remote regions, and that where these boarding schools are attended by people from remote areas there be provision to transport these children back home on weekends.

Debate ensued.

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Midnight:

And the Assembly having sat until 12 midnight, the Assembly continued.

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Debate continued.

Extension of time:

On the motion of the Member for Daly (Mr Knight) the Member for Arafura (Ms Scrymgour) was granted an extension of time, pursuant to Standing Order 77.

Debate continued.

Question - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 12 NOES, 13

Mr Bohlin Mrs Aagaard

Ms Carney Ms Anderson

Mr Chandler Dr Burns

Mr Conlan Mr Gunner

Mr Elferink Mr Hampton

Mr Giles Mr Henderson

Mr Mills Mr Knight

Ms Purick Ms Lawrie

Mr Styles Ms McCarthy

Mr Tollner Mr McCarthy

Mr Westra van Holthe Ms Scrymgour

Mr Wood Mr Vatskalis

Ms Walker

Motion negatived accordingly.

17. ADJOURNMENT:

The Leader of Government Business (Ms Lawrie) moved - That the Assembly do now adjourn.

The Leader of Government Business (Ms Lawrie) moved - That the question be now put.

Question - put and passed.

Question - That the motion be agreed to - put and passed.

And the Assembly adjourned at 12.58am, until today, Thursday 30 October 2008 at 10am.

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PAPERS:

The following Papers were deemed to have been presented on Wednesday 29 October 2008 -

Annual Reports

Department of Business, Economic and Regional Development, 2007/2008 (Paper 99)

Department of the Legislative Assembly - The Agency, 2007/2008 (Paper 101)

Department of the Legislative Assembly - Financial Statements and Performance Reporting, 2007/2008 (Paper 100)

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ATTENDANCE:

All Members attended the sittings.

Last updated: 04 Aug 2016

https://parliament.nt.gov.au

Minutes of Proceedings - 2008-10-29