Minutes of Proceedings - 2009-10-21
- 1. MEETING:
- The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. STATEMENT BY SPEAKER:
- The Speaker laid on the Table the Sittings Timetable 2010 contained in a Media Release, dated 21 October 2009 (Paper 571).
4. SERIOUS CRIME CONTROL BILL 2009 (Serial 48):
- 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 Darwin Middle School Year 7 students. On behalf of all Members the Speaker extended a warm welcome to the visitors.
Debate continued.
Visitors: The Speaker advised Members of the presence in the public gallery of Dripstone Middle School Year 7 students accompanied by Ms Kelly Nottel and Ms Jan McCarthy. On behalf of all Members the Speaker extended a warm welcome to the visitors.
Debate continued.
Question – put and passed.
Bill read a second time.
Committee stage to be later taken.
Suspension of sittings: The sittings of the Assembly was suspended between 11.53am and 2pm.
5. QUESTIONS:
- 2.01pm Mr Elferink to Mr Knight.
2.02pm Mr Gunner to Mr Hampton.
2.04pm Mr Elferink to Mr Knight.
2.05pm Ms Walker to Mr Knight.
2.08pm Mr Elferink to Mr Knight.
2.09pm Mr Wood to Mr Vatskalis.
2.12pm Mr Elferink to Mr Knight and referred to Ms Lawrie.
2.18pm Ms Scrymgour to Mr McCarthy.
2.23pm Mr Elferink to Mr Knight and referred to Ms Lawrie.
2.27pm Mr Wood to Mr Henderson.
2.30pm Mr Gunner to Mr Henderson.
2.33pm Mr Elferink to Ms Lawrie.
2.36pm Ms Walker to Mr Hampton.
2.38pm Mr Wood to Ms Lawrie.
2.40pm Mr Elferink to Mr Knight.
2.42pm Ms Scrymgour to Dr Burns.
2.45pm Mr Elferink to Mr Knight referred to Ms Lawrie.
2.53pm Mr Gunner to Ms Lawrie.
2.56pm Mr Elferink to Mr Knight.
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 the Minister for Essential Services and the Share Holding Minister, for lying to Territorians about the extent to which PowerWater’s contract with ENI provides for damages for non-delivery of gas, for its effect on electricity prices and his failure to perform his responsibilities as a Minister of the Crown.
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 Question Paper.
- The Member for Port Darwin (Mr Elferink) thereupon moved – That the Minister for Essential Services and the Share Holding Minister be censured for lying to Territorians about the extent to which PowerWater’s contract with ENI provides for damages for non-delivery of gas, for its effect on electricity prices and his failure to perform his responsibilities as a Minister of the Crown.
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
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
Motion negatived accordingly.
- The Order of the Day having been read for the consideration of the Bill in Committee of the Whole, suspended earlier this day -
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
In Committee
(Chair and Deputy Speaker – Ms Walker)
Clauses 1 to 5, by leave, taken together and agreed to.
Clause 6 read.
On the motion of the Minister for Justice and Attorney-General (Ms Lawrie), by leave, the following amendments were taken together and agreed to, after debate –
- Clause 6, definition eligible judge
- omit, substitute
eligible judge means a judicial officer or former judicial officer in relation to whom a consent under section 12(1), and a declaration under section 12(2), are in force.
- Insert (in alphabetical order)
former judicial officer means a person who was previously a judicial officer.
judicial officer means a person appointed as:
(a) a Judge; or
(b) a judge of a supreme court of a State or another Territory.
Clauses 7 to 11, by leave, taken together and agreed to.
Clause 12 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -
- Subclauses (1), (2) and (4)
- omit
Judge
substitute
judicial officer or former judicial officer
On the motion of Ms Lawrie the following further amendment was agreed to, after debate -
- Omit clause 12(5).
Clause 12, as amended, agreed to.
Clauses 13 to 24, by leave, taken together and agreed to.
Clause 25 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -
- Clause 25(2)
omit
must
substitute
may
Clause 26 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -
- Clause 26(4)
must
substitute
may
Clause 27 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -
- Subclause (2)(a)(iii) and (iv)
- omit, substitute
(iii) being present at a specified event;
(iv) possessing a specified article;
(v) associating with a person who is a member of a declared organisation; or
Clauses 28 to 79, by leave, taken together and agreed to and agreed to, after debate.
Clause 80 read.
On the motion of Ms Lawrie the following amendment was agreed to, after debate -
- Note heading
- omit, substitute
Note for section 80
Clauses 81 to 84, by leave, taken together and agreed to.
Clause 85 read.
On the motion of Ms Lawrie the following amendments, by leave, were agreed to, after debate –
- Clause 85(1)
omit
retired judicial officer
substitute
former judicial officer (other than a person who is an eligible judge)
omit (all references)
judicial officer
substitute
former judicial officer
omit
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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 Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
- The Order of the Day having been read for the consideration of the Bill in the Committee of he Whole -
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
In Committee
(Chair and Deputy Speaker – Ms Walker)
The Minister for Health (Mr Vatskalis), by leave, made a statement relating to the amendments proposed as a whole and the Member for Greatorex (Mr Conlan) and the Member for Nelson (Mr Wood) made comment accordingly.
Mr Conlan, by leave, withdrew the Schedule of Amendments No. 22 he had previously circulated.
Mr Vatskalis, by leave, withdrew the Schedule of Amendments No. 23 he had previously circulated.
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Minister for Health (Mr Vatskalis), the following amendment was agreed to, after debate –
- Clause 3, definition management group, paragraph (c)
- omit, substitute
(c) the person holding or occupying the position of the director of nursing (however called);
(d) other persons holding senior positions at the hospital, that are declared by the Minister, by Gazette notice, to constitute (together with the persons mentioned in paragraphs (a) to (c)) the hospital's management group.
Clauses 4 and 5, by leave, taken together and agreed to, after debate.
Clause 6 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
- Clause 6(1)(h)
all words from "on the board"
substitute
on the board:
- (i) under this Act or another Act; or
(ii) by the Minister by Gazette notice.
- After clause 6(2)
insert
(3) In performing its functions or exercising its power under this section, the board of a hospital may have regard to objectives and strategies of the Territory Government.
(4) For subsection (3), the Minister may provide a board with a statement about the objectives and strategies of the Territory Government.
(5) A board's functions and power under this section do not include:
- (a) giving directions or advice that is inconsistent with the Public Sector Employment and Management Act, the Financial Management Act, another law in force in the Territory or a direction of the Minister; or
(b) without limiting paragraph (a), giving directions or advice about any of the following:
- (i) the recruitment, management or discipline of the hospital's staff;
(ii) the hospital's financial management;
(iii) the medical treatment to be provided to a particular patient of the hospital.
Clauses 7 and 8, by leave, taken together and agreed to.
Clause 9 negatived, after debate.
On the motion of Mr Vatskalis the following new clause 9 was inserted in the Bill, after debate –
- insert
9 Board must have code of conduct
- (1) For each financial year, the board of a hospital must adopt a code of conduct and give a copy of it to the Minster.
(2) A board's code of conduct may provide for how a person who is a member of the board or a subcommittee of the board is expected to exercise powers or perform functions as a member of the board or subcommittee.
(3) Without limiting section 32(2), the Minister may decide a member of a board is guilty of misbehaviour for that subsection if the member does not comply with the board's code of conduct.
Clause 12 read
On the motion of Mr Vatskalis the following amendment was agreed to, after debate –
- Clause 12(1)
omit, substitute
(1) Before 30 September in each year, the board of a hospital must give a report (an annual report) to the Minister about the following during the immediately preceding financial year:
- (a) the board's operations, including any directions and advice given by the board to the hospital's manager as mentioned in section 6(1)(b);
(b) the hospital's operations;
(c) any failure to comply with the board's code of conduct.
Clause 13 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate –
- Clause 13(1)
, the Minister must
substitute
for a period of 30 days, the Minister must, by Gazette notice,
On the motion of Mr Vatskalis the following further amendment was agreed to, after debate –
- After clause 13(2)
- Insert
(4) Within 3 months after the date of the Gazette notice by which memberships of the board are suspended under subsection (1), the Minister must advertise that he or she is seeking expressions of interest from persons within the local community for the hospital for appointment to the board, including the way, and the date by which, an expression of interest is to be made.
(5) Advertising as mentioned in subsection (4) must be by notice in a newspaper that circulates throughout the Territory and in any other way the Minister considers will give notice to the local community about the Minister seeking expressions of interest.
Clause 13, as amended, agreed to.
Clause 14 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate –
- Clause 14(5)
- omit, substitute
(5) Within 3 months after the date of the Gazette notice by which an amalgamated board is established under subsection (1)(a), the Minister must invite comments from persons within the local community for the hospitals about abolishing the amalgamated board and declaring new boards.
(6) Until the Minister exercises his or her power under subsection (1)(b) in relation to the amalgamated board, within 7 days of each anniversary date in relation to the amalgamated board, the Minister must again invite comments from persons within the local community for the hospitals about abolishing the amalgamated board and declaring new boards.
(7) An invitation under subsection (5) or (6) must be by notice in a newspaper that circulates throughout the Territory and in any other way the Minister considers will give notice about the invitation to the local community.
(8) In this section:
- anniversary date, in relation to an amalgamated board, means a date that is 6, or a multiple of 6, calendar months after the date an invitation under subsection (5) first appears in a newspaper about the amalgamated board.
new board means an amalgamated board or re-established board.
Clauses 15 and 16, by leave, taken together and agreed to.
Clause 17 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate –
- Omit 17(3).
Clause 17, as amended, agreed to.
Clauses 18 to 22, by leave, taken together and agreed to.
Clause 23 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate –
- Clause 23(1)(a) and (b)
omit
calendar
substitute
financial
Clauses 24 to 34, by leave, taken together and agreed to.
Clause 35 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate –
- Omit clause 35(4).
Clause 35, as amended, agreed to.
Remainder of the Bill taken as a whole, by leave, and agreed to.
Bill to be reported with amendments.
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, after debate.
- The Member for Katherine (Mr Westra van Holthe) made a personal explanation refuting an assertion that he was a climate change sceptic which was attributed to him by the Chief Minister (Mr Henderson) during question time today.
- The Minister for Primary Industry, Fisheries and Resources (Mr Vatskalis) made a statement relating to the current state of the resource industry and strategies to assist the industry through global economic difficulties.
Mr Vatskalis moved – That the Assembly take note of the Statement.
Debate ensued.
Quorum: The Member for Goyder (Ms Purick) drew the Speaker’s attention to the state of the Assembly.
The Bells having been rung -
And a Quorum having been obtained.
The Assembly resumed.
Debate continued.
Extension of time: On the motion of the Minister for Essential Services (Mr Knight) the Member for Goyder (Ms Purick) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
11. PERSONAL EXPLANATION:
- The Leader of the Opposition (Mr Mills) made a personal explanation refuting an assertion that he was a climate change sceptic which was attributed to him by the Chief Minister (Mr Henderson) during question time today.
- The Member for Sanderson (Mr Styles) made a personal explanation refuting an assertion that he was a climate change sceptic which was attributed to him by the Chief Minister (Mr Henderson) during question time today.
- The Speaker advised the Assembly that the Member for Port Darwin (Mr Elferink) had proposed the following definite Matter of Public Importance for discussion this day:
- The impact of the rising cost of living on Territorians and specifically on Territory public servants as a result of the Territory Labor Government’s failure to plan for the future.
- The proposed discussion having received the necessary support -
Discussion ensued.
Discussion concluded.
14. ADJOURNMENT:
- 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 Nightcliff (Mrs Aagaard), by leave, laid on the Table the following Paper –
Debate continued.
And the Assembly adjourned at 10.18pm until Thursday, 22 October 2009 at 10am.
- PAPERS:
The following Papers were deemed to have been presented on 21 October 2009 –
Surveillance Devices Reporting Requirement 2008/09, Surveillance Devices Act (Paper 572)
- ATTENDANCE:
All Members attended the sittings, except Ms Anderson on leave.