Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2011-05-04

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

    2. PRAYERS.

    3. VISITORS:
        The Speaker advised Members of the presence in the public gallery of Darwin High School Year 11 Legal Studies students participating in the Step up and Be Heard Program accompanied by Ms Jane Farr.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    4. PAPERS TABLED BY SPEAKER:
        The Speaker laid on the Table the following Papers –

        Letter, Honourable Anna Bligh, Premier of Queensland to Speaker re Premier of Queensland, thanking the Speaker and Members of the Legislative Assembly for their support after natural disasters of Cyclone Yasi and Brisbane Floods, dated 18 April 2011 (Paper 1299); and
        Letter, Speaker and Chief Minister and Leader of the Opposition to His Royal Highness Prince William of Wales and Miss Catherine Middleton accompanying their wedding gift, dated 5 April 2011 (Paper 1300).

    5. REVENUE LEGISLATION AMENDMENT BILL 2011 (Serial 164):
        The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend and repeal legislation administered by the Treasurer.
        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, Revenue Legislation Amendment Bill 2011 (Paper 1301).

        On the motion of the Member for Katherine (Mr Westra van Holthe) debate was adjourned.

    6. MEMBER FOR KATHERINE, VEHICLE SALE:
        The Leader of Government Business (Dr Burns), pursuant to notice, moved –

        That the Assembly –

        (1) Condemn the Member for Katherine for not giving a full and truthful personal explanation on the 31st of March 2011 regarding the used car scandal he has been embroiled in and in so doing he has deliberately misled this Assembly and the people of the Northern Territory. Principally, he asserted that he had merely made “mistakes” and he did not inform the Assembly of the damaging findings in the 2004 Ombudsman’s Report into the matter, namely that:
            (a) he altered the original Notice of Disposal and Application to Transfer documents, not once but twice, and that it was “difficult to accept S/Const Westra Van Holthe’s denial that this was done without intention to deceive or avoid prosecution and penalty…” (p12);

            (b) It was “clearly open to inference that this was a deliberate attempt by Constable Westra Van Holthe to avoid statutory penalty for his failure to register a motor vehicle transaction and pay transfer fees and stamp duty within 14 days of the sale.” (p12);

            (c) The alteration itself was “unlawful” (p12);

            (d) He “used his position as a police officer to his personal advantage” (p14);

            (e) His unauthorised access of MVR records at his home constituted a “conflict of interest and improper conduct” (p14).
        (2) Call on the Leader of the Opposition to immediately remove the Member for Katherine as Shadow Treasurer and outline his knowledge of the scandal and when he became aware of the Ombudsman’s Report.

        Debate ensued.
        Debate suspended.
    7. BROADCAST OF BUDGET SPEECH 2011-2012 - STATEMENT BY SPEAKER:
        The Speaker advised Members that permission had been given during the response to the Budget by the Leader of the Opposition (Mr Mills) for -
        the Northern Territory News to take photographs.
    8. APPROPRIATION (2011/2012) BILL 2011 (Serial 163):
        The Order of the Day having been read for the resumption of debate at 11am, pursuant to resolution of the Assembly dated 3 May 2011, on the question - That the Bill be now read a second time -
        The Leader of the Opposition (Mr Mills) responded to the Budget at 11am pursuant to resolution of 3 May 2011.
        Debate ensued.
        Distinguished visitor: The Speaker advised Members of the presence in the public gallery of Mr Steve Hatton, former Member for Nightcliff and Chief Minister.
        On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.

        Debate continued.
        On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
    9. MEMBER FOR KATHERINE, VEHICLE SALE:
        The Order of the Day having been read for the resumption of debate on the motion moved by the Member for Johnston (Dr Burns) and suspended earlier this day -
        Debate resumed.
        Debate suspended.
        __________________

        Suspension of sittings: The sittings of the Assembly was suspended between 12 Noon and 2pm.
        __________________
    10. NOTICES:
        The following Notices were given:
        Ms Lawrie: To present the Commercial Arbitration (National Uniform Legislation) Bill 2011 (Serial 165).

        Mr McCarthy: To present the Justice (Corrections) and Other Legislation Amendment Bill 2011 (Serial 167).

        Dr Burns: To move - That, the Routine of Business for Thursday 23 June 2011 be as follows:
                (1) Prayers
                (2) Petitions
                (3) Notices
                (4) Government Business – Notices
                (5) Government Business - Orders of the Day
                    (a) In Committee: report of the Estimates Committee consideration of the Appropriation (2011-2012) Bill 2011 (Serial 163) and Government Owned Corporations Scrutiny Committee consideration of the financial and management practices of the Power and Water Corporation as referenced in its Statement of Corporate Intent for 2011/2012.
                    (6) Automatic Adjournment of the Assembly pursuant to Standing Order 41A be put at 6.30pm.
            Dr Burns: To move - That, pursuant to paragraph 2 of the Order of the Assembly, dated 4 May 2011, the Budget Papers 2011/2012 together with the Appropriation (2011-2012) Bill 2011 (Serial 163) be referred to the Estimates Committee for inquiry and report.

        11. QUESTIONS:
            2.02pm Mr Mills to Ms Lawrie.
            2.05pm Ms Walker to Mr Henderson.
            2.09pm Mr Mills to Mr Henderson.
            2.10pm Ms Scrymgour to Ms Lawrie.
            2.13pm Mr Mills to Ms Lawrie.
            2.17pm Mr Wood to Mr Vatskalis.
            2.18pm Mr Gunner to Ms Lawrie.
            2.22pm Mr Westra van Holthe to Ms Lawrie.
            2.26pm Ms Walker to Mr Henderson.
            2.29pm Ms Anderson to Dr Burns.
            2.32pm Ms Scrymgour to Ms McCarthy.
            2.35pm Mr Bohlin to Ms Lawrie.
            2.39pm Mr Wood to Mr Henderson.
            2.40pm Mr Gunner to Mr Vatskalis.
            2.44pm Mr Bohlin to Ms Lawrie.
            2.46pm Ms Walker to Mr Hampton.
            2.49pm Mr Chandler to Mr Hampton.
            2.51pm Ms Scrymgour to Dr Burns.
            2.54pm Mr Wood to Mr Hampton.
            2.56pm Mr Chandler to Mr Hampton referred to Mr Vatskalis.
            2.57pm Mr Gunner to Mr Hampton.

            The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
        12. HOUSING AND OTHER LEGISLATION AMENDMENT BILL, EXPOSURE DRAFT – PAPER TABLED:
            The Minister for Public and Affordable Housing (Dr Burns) laid on the Table the following Paper -

            Housing and Other Legislation Amendment Bill, Exposure Draft (Paper 1304); and
            Explanatory Statement, Housing and Other Legislation Amendment Bill, Exposure Draft (Paper 1305).

            Dr Burns made a statement relating thereto.
        13. MEMBER FOR KATHERINE, VEHICLE SALE – MOTION NEGATIVED:
            The Order of the Day having been read for the resumption of debate on the motion moved by the Member for Johnston (Dr Burns) and suspended earlier this day -
            Debate resumed.
            Question – put and negatived.
        14. TRAFFIC AND OTHER LEGISLATION AMENDMENT BILL 2011 (Serial 166):
            The Minister for Transport (Mr McCarthy), pursuant to notice, presented a Bill for an Act to amend the Traffic Act and other legislation in relation to breath testing for alcohol.
            Bill read a first time.
            Mr McCarthy moved – That the Bill be now read a second time.
            Debate ensued.
            Paper tabled: Mr McCarthy laid on the Table the following Paper –

            Explanatory Statement, Traffic and Other Legislation Amendment Bill 2011 (Paper 1306).

            On the motion of the Member for Goyder (Mrs Purick) debate was adjourned.

        15. ESTIMATES COMMITTEE AND GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE – TERMS OF REFERENCE 2011/2012 - MOTION AGREED TO:
            The Leader of Government Business (Dr Burns), pursuant to notice, moved - That the Assembly appoint an Estimates Committee 2011/2012 and a Government Owned Corporations Scrutiny Committee 2011/2012, pursuant to the terms circulated to Members below (Paper 1295):

        ESTIMATES COMMITTEE 2011/2012

        TERMS OF REFERENCE

            A. INTRODUCTION


            1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed an Estimates Committee of the Legislative Assembly for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation Bill 2011/2012.

            2. That the Schedule to the Appropriation Bill 2011/2012 and related budget documents be referred to the Estimates Committee for examination and report on proposed expenditure when the Bill has been presented.

            3. That the Committee may not vote on but may examine and report on the proposed expenditure contained in the Bill by no later than 23 June 2011.

            4. That the Committee examine the proposed expenditure contained in the Bill by portfolio units in accordance with the Schedule published by the Estimates Committeeand that the proposed expenditure be considered on an output by output basis for each portfolio unit.

            5. That the Committee consider the Appropriation Bill and related Budget Papers. To the extent that transactions of other public sector entities are included in the Budget Papers, these transactions can be questioned by the Committee. This would apply to Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act. The Statement of Corporate Intent for the Power and Water Corporation for 2011/2012 stands referred to the Government Owned Corporations Scrutiny Committee.

            B. MEMBERSHIP


            6. The membership of the Estimates Committee shall consist of the membership of the Public Accounts Committee.

            7. The Chairman of the Public Accounts Committee shall be the Chairman of the Estimates Committee.

            8. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.

            9. Other Members of the Assembly may not vote on any matters before the Committee.

            10. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.

            11. Members may be substituted from time to time, subject to notification to the Chairman, and in accordance with conditions provided for in paragraph 10 above.

            12. The Committee may proceed with business despite a vacancy in its membership.

            13. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.

            14. The quorum of the Committee is to be 4 of the members of the Committee.

            15. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.

            C. SITTING TIMES

            16. The Estimates Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.


            17. Unless otherwise ordered by the Committee the Committee shall sit during the following periods:

                (a) on Tuesday 14 June 2011;

                (b) on Wednesday 15 June, 2011;

                (c) on Thursday 16 June, 2011;

                (d) on Tuesday 21 June, 2011;

                (d) on Wednesday 22 June, 2011;

                (e) on Thursday 23 June 2011;

                (f) the Committee arrange by published schedule the order, time allotted to Ministers, Speaker and Government Owned Corporation up to a maximum 8 hours for the Chief Minister and the Treasurer and 7 hours for each other Minister and Government Owned Corporation hearing; and the overall maximum time for questioning during the Estimates and Government Owned Scrutiny Committees hearings being 60 hours; and

                (g) the Committee may suspend the hearings from time to time.

            18. The Estimates Committee may sit only when the Assembly is not sitting.

            D. HEARING PROCEDURE


            19. All hearings of the Estimates Committee are open to the public unless the Committee otherwise orders.

            20. The Committee will consider proposed expenditure on an output by output basis, following procedures agreed to by the Estimates Committee in accordance with the other provisions of this Order and Standing Orders.

            21. Unless the Committee otherwise determines, the Minister (or Speaker) may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.

            22. Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.

            23. An initial question should be directed to the Minister (or Speaker) in the first instance and then officers of the relevant departments may provide assistance to a Minister (or Speaker) in providing information. Ministers (or Speaker) may defer to the Chief Executive Officer (who may defer to another officer) who may then be directly questioned on subsequent questions on the same subject. Questions may be ruled by the Chair as not appropriate for an officer to answer, whereupon a Minister (or Speaker) may choose to provide information or take such matters on notice.

            24. Officers may answer questions at the request of the Minister (or Speaker), but shall not be required to comment on policy matters, including giving an opinion and the Minister (or Speaker) or CEO may at any time intervene and answer questions that are asked of departmental officers.

            25. All questions should conform to Standing Orders 112, 113 and 114 (general rules for questions).

            E. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION

            26. The Minister (or Speaker) may advise the Estimates Committee that an answer to a question or part of a question will be provided later to the Committee.

                At that time the Chairman shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Minister (or Speaker) by the Committee Secretariat.

            27. A Minister (or Speaker) may also give the Committee additional information about an answer given by them or on their behalf.

            28. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.

            F. HANSARD REPORT AND OTHER TABLED DOCUMENTS


            29. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Estimates Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.

            30. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee otherwise orders.

              31. The provisions of Standing Order 274 and section 22 of the Legislative Assembly (Powers and Privileges) Act as applicable to the Committee, are limited to documents prepared for and submitted to the Committee, evidence taken by the Committee or a report of such evidence.

              G. BROADCASTING AND TELEVISING OF PROCEEDINGS

              32. Sound and vision broadcast and re-broadcast of the hearings of the Estimates Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.

              H. DISORDER

              33. At an Estimates Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.


              34. A member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.

              35. If a Member persistently disrupts the business of the Committee:

                  (a) The Chair may name the Member;

                  (b) If the Member named is a member of the Estimates Committee, suspend the sittings until the Chair has reported the offence to the Speaker;

                  (c) If the Member named is not a member of the Estimates Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
              36. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Estimates Committee be replaced.

              37. If any objection is taken to a ruling or decision of the Chair:
                  (a) The objection must be taken at once and stated in writing;

                  (b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and

                  (c) The Estimates Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.

              I. REPORT OF ESTIMATES COMMITTEE

              38. A report of the Estimates Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.


              39. When the Report of the Estimates Committee is presented it shall be taken into consideration forthwith, together with the Report of the Government Owned Corporations Scrutiny Committee.

              40. The following time limits shall apply to consideration of the reports of the Committees on the question:

                  "that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2011/2012; and

                  the transactions of public sector entities included in the Budget Papers and applicable Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, be noted."
          Ministers, Leader of the Opposition and Shadow Ministers20 minutes;
          Any other Member10 minutes,
          The maximum period for consideration shall be 5 hours.

              41. When the consideration of the reports of the Committees has been completed the following question is proposed and put forthwith:
                  "that the remainder of the Bill be agreed to".
              42. When the Bill has been agreed to by the Committee-of-the-Whole and reported to the Assembly, the third reading may be taken into consideration forthwith.
              __________________
          GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE 2011/2012

          TERMS OF REFERENCE


          INTRODUCTION

          1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed a Committee of the Legislative Assembly to be known as the Government Owned Corporations Scrutiny Committee for the purpose of examining and reporting on the activities, performance, practices and financial management of the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, with reference to the Power and Water Corporation’s Statement of Corporate Intent for 2011/2012.

          MEMBERSHIP


          2. The membership of the Government Owned Corporations Scrutiny Committee shall consist of the membership of the Public Accounts Committee.

          3. The Chairman of the Public Accounts Committee shall be the Chairman of the Government Owned Corporations Scrutiny Committee.

          4. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.

          5. Other Members of the Assembly may not vote on any matters before the Committee.

          6. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.

          7. Members may be substituted from time to time, subject to notification to the Chairman, and in accordance with conditions provided in for paragraph 6 above.

          8. The Committee may proceed with business despite a vacancy in its membership.

          9. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.

          10. The quorum of the Committee is to be 4 of the members of the Committee.

          11. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.

          SITTING TIMES


          12. The Government Owned Corporations Scrutiny Committee will meet in accordance with the dates and times in the Schedule published by the Government Owned Corporations Scrutiny Committee and advised by the Chairman.

          13. The Government Owned Corporations Scrutiny Committee may sit only when the Assembly is not sitting.

          14. The Committee shall sit on Thursday 23 June 2011.

          HEARING PROCEDURE


          15. All hearings of the Committee are open to the public unless the Committee otherwise orders.

          16. The Committee will examine the financial and budgetary activities of the Power and Water Corporation following similar procedures to that of the Estimates Committee and in accordance with the provisions of this Order and Standing Orders.

              17. Unless the Committee otherwise determines, the Chairman of the Board of the Power and Water Corporation may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.

              18. Members of the Committee may ask questions for the purpose of examining the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statement of Corporate Intent for 2011/2012.

              QUESTIONS

              19. Questions shall be put directly to either the Portfolio Minister, the Shareholding Minister or the Chairman of the Board of the Power and Water Corporation, the Managing Director and other officers may assist the Chairman in the provision of relevant information. Otherwise, questions shall adhere with the general terms and conditions applying to questioning of the Estimates Committee at paragraphs 23, 24 and 25.

              20. The Chairman or other witnesses will advise when evidence is of a commercially sensitive or confidential nature and may request that such evidence be heard 'in camera'. The Chairman of the Committee will invite the Chairman or the witnesses to give the reasons for the request.

              21. Questions and explanations should be brief and avoid irrelevance and tedious repetition.

              QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION

              22. The Chairman of the Power and Water Corporation may advise the Committee that an answer to a question or part of a question will be provided later to the Committee.

              23. At that time the Chairman of the Committee shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Chairman of the Power and Water Corporation by the Committee Secretariat.

              24. The Chairman of the Power and Water Corporation may also give the Committee additional information about an answer given by the witnesses or on their behalf.

              25. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be published on the Estimates Committee Questions database or laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.

              HANSARD REPORT AND OTHER TABLED DOCUMENTS


              26. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Government Owned Corporations Scrutiny Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.

              27. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee otherwise orders.

              28. The provisions of Standing Order 274 and section 22 of the Legislative Assembly (Powers and Privileges) Act as applicable to the Committee, are limited to documents prepared for and submitted to the Committee, evidence taken by the Committee or a report of such evidence.

              BROADCASTING AND TELEVISING OF PROCEEDINGS


              29. Sound and vision broadcast and re-broadcast of the hearings of the Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.

              DISORDER


              30. At a Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.

              31. A Member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.

              32. If a Member persistently disrupts the business of the Committee:

                  (a) The Chair may name the Member;

                  (b) If the Member named is a member of the Government Owned Corporations Scrutiny Committee, suspend the sittings until the Chair has reported the offence to the Speaker;

                  (c) If the Member named is not a member of the Government Owned Corporations Scrutiny Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
              33. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Government Owned Corporations Scrutiny Committee be replaced.

              34. If any objection is taken to a ruling or decision of the Chair:
                  (a) The objection must be taken at once and stated in writing;

                  (b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and

                  (c) The Government Owned Corporations Scrutiny Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
              REPORT OF GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE


              35. A report of the Government Owned Corporations Scrutiny Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.

              36. When the Report of the Committee is presented it shall be taken into consideration forthwith, together with the Report of the Estimates Committee.

              37. The following time limits shall apply to consideration of the reports of the Committees on the question:

                  "that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2011/2012, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2011/2012, be noted "
                  Ministers, Leader of the Opposition and Shadow Ministers20 minutes;
                    Any other Member10 minutes,
                      The maximum period for consideration shall be 5 hours. (Paper 1295)
                  Debate ensued.
                  Question – put and passed.

              16. APPROPRIATION (2011/2012) BILL 2011 (Serial 163):
                  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.
                  Extension of time: On the motion of the Member for Fannie Bay (Mr Gunner) the Member for Wanguri (Mr Henderson) 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.
              17. SELECT COMMITTEE ON ANIMAL WELFARE GOVERNANCE – TERMS OF REFERENCE, AS AMENDED, AGREED TO – REFERRED TO COUNCIL OF TERRITORY COOPERATION (CTC):
                  The Member for Port Darwin (Mr Elferink), pursuant to notice, moved -
                  That:

                  1. The Assembly appoints a committee known as the Select Committee on Animal Welfare Governance in the Northern Territory, comprising:
                      (a) two government members nominated by the Chief Minister, and two opposition members nominated by the Leader of the Opposition;

                      (b) one Independent member, with the Chair of the committee being appointed from the opposition members; and

                      (c) a government member being appointed Deputy Chair of the committee, with members being nominated no later than 6 May 2011.
                  2. The committee be empowered to inquire into and report on animal welfare governance in the Northern Territory and various government departments that are associated with animal welfare, husbandry or research, with particular reference to:

                      (a) the appropriateness and effectiveness of the current NT Animal Welfare Act and Regulations and other relevant legislation including provisions in regard to prosecution.

                      (b) the processes and systems adopted by the Department of Resources and its predecessors, the Department of Housing, Local Government and Regional Services and its predecessors, the Office of the Ombudsman NT and the Charles Darwin University in relation to the recent investigations into animal welfare issues at the Charles Darwin University owned cattle station;
                  3. The committee be empowered to send for persons, papers and records, to sit in public or in private session notwithstanding any adjournment of the Assembly, to adjourn from place to place and have leave to report from time-to-time its proceedings and the evidence taken from all relevant parties, make such interim recommendations as it may deem fit, and to publish information pertaining to its activities from time to time.

                  4. The committee have an inquiry term of three months from its date of establishment, with a requirement to provide a final report to be tabled within the Assembly no later than August 2011.

                  5. The committee be empowered to publish from day-to-day such papers and evidence as may be ordered by it, and, unless otherwise ordered by the committee, a daily Hansard be published of such proceedings as take place in public.

                  6. The foregoing provisions of the resolution, so far as they are inconsistent with standing orders, have effect notwithstanding anything contained in the standing orders.

                  Debate ensued.
                  The Member for Arafura (Ms McCarthy), moved the following amendment – Omit all words after “That” and insert in their stead -
                  1. The Assembly refer to the Council of Territory Cooperation (CTC) the following matters of public importance for enquiry and report to the Assembly no later than the last sitting day in August 2011.
                    2. As part of its current considerations of the administration and service delivery by the Department of Housing, Local Government and Regional Services, the CTC inquire into and report on animal welfare governance in the Northern Territory and various government departments that are associated with animal welfare, husbandry or research, with particular reference to:
                      (a) the appropriateness and effectiveness of the current NT Animal Welfare Act and Regulations and other relevant legislation including provisions in regard to prosecution of instances of animal neglect and cruelty and arrangements for the governance of Animal Ethics Committees.

                      (b) the processes and systems adopted by the Department of Resources and its predecessors, the Department of Housing, Local Government and Regional Services and its predecessors, and the Charles Darwin University in relation to the recent investigations into animal welfare issues at the Charles Darwin University owned cattle station.

                      Debate continued.
                      Question - That the amendment be agreed to - put.
                      The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

                      AYES, 13 NOES, 10

                      Mrs Aagaard Mr Bohlin
                      Dr Burns Mr Chandler
                      Mr Gunner Mr Conlan
                      Mr Hampton Mr Elferink
                      Mr Henderson Mr Giles
                      Mr Knight Mrs Lambley
                      Ms Lawrie Mr Mills
                      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.
                      Question – That the motion as amended be agreed to – put.
                      Debate ensued.
                      Question – put and passed – motion, as amended, agreed to.
                18. INNOVATION, DEVELOPMENT AND TRADE COMMITTEE, ESTABLISHMENT AND TERMS OF REFERENCE – MOTION NEGATIVED:
                    The Member for Braitling (Mr Giles), pursuant to notice, moved -

                    1. That this parliament establish a permanent committee entitled the Innovation, Development and Trade Committee to investigate and trade and industrial development opportunities for the Territory future.

                    2. The Innovation, Development and Trade Committee is to:

                        (a) be made up of 6 members, 3 Government, 2 opposition and 1 Independent, with the Chairperson being appointed from the Committee;

                        (b) meet 6 times a year and will have made available briefings from the department of business and from major projects;

                        (c) engage with business, governments and individuals to investigate economic investment opportunities for the Territory;

                        (d) be provided a budget as negotiated with Territory Government;

                        (e) report to parliament twice a year on activities, expenditure and results and make recommendations to parliament providing direction on business opportunities.


                    Debate ensued.
                    Question – put and negatived.
                19. WITHDRAWAL OF NOTICE OF MOTION, GENERAL BUSINESS - CHILD PROTECTION IN CENTRAL AUSTRALIA:
                    The Member for Araluen (Mrs Lambley) withdrew the notice of motion standing in her name relating to child protection in Alice Springs.
                20. WITHDRAWAL OF NOTICE OF MOTION, GENERAL BUSINESS - SKILLED WORKER ACCOMMODATION, ALICE SPRINGS:
                    The Member for Araluen (Mrs Lambley) withdrew the notice of motion standing in her name relating to skilled worker accommodation in Alice Springs.
                21. WITHDRAWAL OF NOTICE OF MOTION - REFER MEMBER FOR CASUARINA TO PRIVILEGES COMMITTEE – RE MATTER OF ASSERTING OMBUDSMAN SUPPORTED CHANGES TO CARE AND PROTECTION OF CHILDREN ACT:
                    The Member for Port Darwin (Mr Elferink), withdrew the notice of motion standing in his name relating to a referral of the Member for Casuarina (Mr Vatskalis) in relation to statements made by him in the house during the February sittings 2011 in which the minister asserted during question time that the Ombudsman “supported” the Government’s proposed changes to the Care and Protection of Children Act.
                    Mr Elferink made a statement relating thereto.
                  22. EXEMPT TERRITORY FROM CARBON EMISSIONS TAX – MOTION AGREED TO:
                      The Member for Fong Lim (Mr Tollner), pursuant to notice, moved - That this Assembly -

                      1. call on the Australian Government to exempt the Northern Territory from proposed carbon emissions taxes for at least fifty years or until such time as global consensus has been reached on a worldwide carbon emissions reduction plan.

                      2. through the Speaker forward the terms of this motion to the Speaker of the House of Representatives and President of the Senate.

                      Debate ensued.
                      Question – put and passed.

                  23. ADJOURNMENT:
                      The Leader of Government Business (Dr Burns) moved - That the Assembly do now adjourn -
                      Debate ensued.
                      Paper tabled: Mr Elferink, by leave, laid on the Table the following Paper –

                      Letter, Mrs Fay Miller to Mr Elferink re claims by Dr Burns in Parliament 4 May 2011 re alleged visitations by Mr Rowley to Katherine Electorate Office (Paper 1307).

                      Debate continued.
                      Question - put and passed.
                      And the Assembly adjourned at 9.50pm, until Thursday 5 May 2011 at 10am.
                      ________________

                      PAPERS:
                      The following Papers were deemed to have been presented on Wednesday 4 May 2010.

                      Annual Report
                      Australian Crime Commission 2009/2010 (Paper 1302)

                      Coroners Act
                      In the matter of the Coroner’s Findings and Recommendations into the death of Kristelle Ruby Mulladad, pursuant to section 46B, dated 13 April 2011 (Paper 1303)
                  ____________________
                      ATTENDANCE:
                      All Members attended the sittings.
                Last updated: 04 Aug 2016