Minutes of Proceedings - 2008-10-28
1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR No. 2:
8. AUDITOR-GENERAL'S AUGUST REPORT 2008 - REPORT TO BE NOTED:
10. QUESTIONS:
12. ICHTHYS LNG PROJECT - STATEMENT NOTED:
14. ADJOURNMENT:
The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR No. 2:
- The Speaker advised Members of receipt of the following Message from His Honour the Administrator:
Message No. 2 - 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:
17 October 2008
- Classification of Publications, Films and Computer Games Amendment Act 2008 (No 25 of 2008)
Criminal Code Amendment (Hit and Run and other Endangerment Offences) Act 2008 (No 26 of 2008)
Justice Legislation Amendment Act (No. 2) 2008
- (No 27 of 2008)
- THOMAS IAN PAULING, AO QC
Administrator (Paper 93)
- The Member for Araluen (Ms Carney) made a personal explanation refuting an assertion made on 22 October 2008 by the Member for Karama (Ms Lawrie) that the Member for Araluen had been drinking.
- Indigenous Expenditure: The Treasurer (Ms Lawrie) reported on improving outcomes and expenditure on indigenous disadvantage programs.
Paper tabled: Ms Lawrie laid on the Table the following Report -
Mr Elferink responded.
Mr Wood responded.
Devils Marbles: The Minister for Natural Resources, Environment and Heritage (Ms Anderson) reported on the return of the Devils Marbles to control of traditional owners and their lease back for joint management by the Northern Territory Government and traditional owners under the Territory Parks management program.
Mr Chandler responded.
Mr Wood responded.
Ms Anderson replied.
Julalikari Living Areas: The Minister for Housing (Mr Knight) reported on the leasing of community living areas for 60 years from the Julalikari Council to improve indigenous housing conditions.
Ms Purick responded.
Mr Wood responded.
Mr Knight replied
Ministerial Reports noted, pursuant to Standing Orders.
- The Leader of Government Business (Ms Lawrie), by leave, moved - That, unless otherwise ordered, the following programme of business be agreed to for the afternoon of 30 October 2008:
- (1) questions at 2pm;
(2) Government Business from approx 3pm;
(3) that this sitting of the Assembly be suspended at 3.30pm until the ringing of the bells at approximately 4pm;
- (4) that, upon resumption of the sitting, the Order of Business be as follows:
- (a) the Speaker acknowledge the presence of His Excellency Jose Ramos-Horta, President of Timor-Leste and invite him to take a seat on the floor of the Assembly Chamber;
- (b) the Chief Minister move a motion of welcome to His Excellency Jose Ramos-Horta President of Timor-Leste and the Leader of the Opposition speak in support of the motion;
- (c) after the question is put by the Speaker, His Excellency be invited to Address the Assembly in response to the speeches made;
(d) an expression of thanks for the Address be offered by the Deputy Chief Minister and Deputy Leader of the Opposition; and
- (5) at the conclusion of speeches, the Assembly be adjourned - at approximately 5pm - until Tuesday 25 November 2008 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
Debate ensued.
Question - put and passed.
- 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.
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In Committee
(Deputy Speaker and Chairman of Committees - Ms Walker)
In Committee
(Deputy Speaker and Chairman of Committees - Ms Walker)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
Ms Carney moved the following amendment -
Omit all words after "(Arrest for absconding or breach of condition)"
- substitute
- (1) After section 38(2)
- insert
- (a) the person was charged with a serious violence offence and released on bail; and
(b) the court finds that the person has breached a bail undertaking or a condition of bail.
- omit, substitute
(3) If the court revokes the person's original bail under subsection (2A), the court must refuse to grant bail to the person and by warrant commit the person to prison.
(3A) In any other case, the court or any other court before which the person is brought or appears:
- (a) may grant bail to the person in accordance with this Act; or
(b) may, despite anything in this Act, refuse to grant bail to the person and by warrant commit the person to prison.
Debate ensued.
Amendment negatived.
Clause 5, as printed, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Assembly resumed; the Speaker took the Chair; the Chairman and Deputy Speaker (Ms Walker) reported that the Assembly had agreed to the Bill without amendment.
The report was adopted.
On the motion of the Minister for Justice and Attorney-General (Dr Burns) the Bill was read a third time and passed to be a proposed law.
8. AUDITOR-GENERAL'S AUGUST REPORT 2008 - REPORT TO BE 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.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 11.53am and 2pm.
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- The following notices were given:
Mr Vatskalis: To present the Livestock Bill 2008 (Serial 13).
Mr Vatskalis: To present the Plant Health Bill 2008 (Serial 15).
Mr Mills: To present the Public Authorities Advertising Bill 2008 (Serial 16).
Mr Mills: To move - That,
1. The Assembly establish a Select Committee to be known as the Territory Police Review Committee.
2. The Committee is to be comprised of three government members nominated by the Chief Minister and three opposition members nominated by the Leader of the Opposition; with a government member to be elected as the Chair and an opposition member to be elected as the Deputy Chair of the Committee.
3. The Committee inquire into the number and staffing levels of the Northern Territory Police Force with a view to establishing and reporting on -
- (a) the current number of police, including numbers in specific units and on general duties (including overtime worked by Territory Police), and the number of police needed to improve law and order in the Territory;
- (b) current work practices of Territory police with particular reference to the process of arrest, including average time, and assessed against procedures in other jurisdictions;
- (c) the level of resources provided to police and whether it is impacting on the capacity of police to fulfil their duties as required under law;
- (d) the numbers, impact and interrelation of Federal Police with the Territory Police in the Northern Territory;
- (e) a management plan in respect to all areas of inquiry above, informed by what is occurring in other jurisdictions; and
- (f) other matters relevant to the performance of Territory Police force.
4. The inquiry to report to the Assembly by April 30th 2009.
The Assembly calls on the Northern Territory Government to move immediately to settle the long running teachers wages dispute and in doing so address their very real and substantial issues of teacher support in the classroom and move to immediately install comprehensive sight and hearing processing across all schools for all students in year 1 in the Northern Territory from 2009.
Mr Elferink: To move - That,
1. The Assembly create a committee entitled the Financial Review Committee.
2. That such a committee be a bipartisan committee comprising the Treasurer, Shadow Treasurer and Under Treasurer and can take such advice as deemed necessary by the Committee.
3. The committee review the current exposure of the Territory to the international financial crisis and that such committee report back to the Parliament by the first day of the next sittings in November.
Mr Giles: To move - That:
1. The Northern Territory Parliament opposes the reintroduction of permits to Aboriginal communities by the Federal Government and calls on the Northern Territory Government to desist in its continuation of support for these permits.
2. The Speaker of the Northern Territory Parliament write to the Prime Minister and Federal Indigenous Affairs Minister to inform them of the Northern Territory Parliament’s opposition to the reintroduction of permits into Aboriginal communities.
Mr Styles: To move - That:
The Assembly calls on the Chief Minister to lobby his comrades in Canberra to remove the $100 alcohol ID check, and reminds Territorians that the Territory Labor Government spent a considerable amount of Territorians money lobbying for its removal ahead of the 2007 Federal election, but has gone quiet since its Labor Comrades came into power in Canberra.
Mr Bohlin: To present the Information Amendment Bill 2008 (Serial 20).
Mr Chandler: To present the Environment Protection Authority Amendment Bill 2008 (Serial 17).
Mr Giles: To move - That:
The Northern Territory Parliament:
Mr Westra van Holthe: To present the Aboriginal Land Amendment (Inter-tidal Waters) Bill 2008 (Serial 19).
10. QUESTIONS:
- 2.05pm Mr Mills to Mr Henderson.
2.10pm Mr McCarthy to Mr Henderson.
2.13pm Mr Mills to Mr Henderson.
2.15pm Mr Gunner to Mr Henderson.
2.19pm Mr Mills to Mr Henderson.
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Point of Order: And the Member for Fong Lim (Mr Tollner) having raised a point of order with regard to the relevance of the answer to the question by the Minister and the Speaker having ruled that there was no point of order -
And the Member for Fong Lim (Mr Tollner) indicating his dissent - The Speaker requested that the cameras be removed from the Chamber.
Dissent from ruling of Speaker: The Member for Fong Lim (Mr Tollner), pursuant to Standing Order 82, moved dissent in writing from the ruling of the Speaker in the following terms:
- For her failure to uphold the Standing Orders, her dereliction of her duty to hold Ministers accountable to this parliament and her blatant politicisation of the Speaker's position. (Paper 95)
Debate ensued.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -
AYES, 13 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
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, 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.
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The Leader of Government Business (Ms Lawrie) called on questions.
2.46pm Mr Gunner to Ms Lawrie.
2.49pm Ms Purick to Ms Lawrie.
2.54pm Ms Walker to Ms Scrymgour.
2.59pm Mr Wood to Ms Anderson.
3.01pm Ms Walker to Dr Burns.
The Leader of Government Business (Ms Lawrie) asked that further questions be placed on the Written Question Paper.
- 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.
12. ICHTHYS LNG PROJECT - STATEMENT NOTED:
- 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 Drysdale (Mr Bohlin) the Member for Port Darwin (Mr Elferink) was granted an extension of time.
Debate continued.
Question - put and passed.
- The Speaker advised the Assembly that the Member for Goyder (Ms Purick) had proposed the following definite Matter of Public Importance for discussion this day:
- As scientists are predicting more frequent and higher intensity cyclones in the Top End, the lack of adequate numbers of shelters in Darwin for people and animals in the event of a category 4 or category 5 cyclone hitting Darwin.
Discussion ensued.
Discussion concluded.
14. ADJOURNMENT:
- The Chief Minister (Mr Henderson) moved - That the Assembly do now adjourn.
Debate ensued.
And the Assembly adjourned at 10.09pm, until tomorrow 29 October 2008 at 10am.
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PAPERS:
The following Papers were deemed to have been presented on Tuesday 28 October 2008 -
Annual Reports
Surveyors Board of the Northern Territory of Australia, 2007/2008 (Paper 94)
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- ATTENDANCE:
Last updated: 04 Aug 2016