Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2008-05-01

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

2. PRAYERS.

3. DISTINGUISHED VISITORS:
      The Speaker advised Members of the presence in the Speaker's Gallery of -
Mrs Angelica Poulos; and
Mr Emanuel Comino OAM JP.

      On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.

4. VISITORS:
      The Speaker advised Members of the presence in the public gallery of -
Year 11 students from Marrara Christian College accompanied by Mr Tony Rowden; and
Year 3/4 students from Larrakeyah Primary School accompanied by Ms Sue Folley.

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

5. PETITION:
      The Member for Blain (Mr Mills) presented Petition No. 75 from 1131 petitioners requesting the proposed Military Museum be established at East Point as an upgraded East Point Military Museum. (Paper 1283)
      Petition read.
6. MINISTERIAL REPORTS:
      May Day 2008: The Chief Minister (Mr Henderson) reported on the promotion of social progress celebrated on May Day.
      Paper tabled: Mr Henderson laid on the Table the following Paper -
Ben Chifley Speech 1949 re May Day (Paper 1284).

      Mr Mills responded.
      Mr Wood responded.
      Mr Henderson replied.

      Railway Crossing Safety Upgrades: The Minister for Infrastructure and Transport (Ms Lawrie) reported on railway crossing safety and improvements proposed for warning systems to be installed.
      Mrs Miller responded.
      Mr Wood responded.
      Ms Lawrie replied.

      Medical Education Summit: The Minister for Health (Dr Burns) reported on the creation of a branch of the Post Graduate Medical Education Council in the Territory and outcomes of the Medical Summit.
      Mr Conlan responded.
      Dr Burns replied.

      Ministerial Reports noted, pursuant to Standing Orders.

7. ESTIMATES COMMITTEE AND GOVERNMENT OWNED CORPORATIONS COMMITTEE – TERMS OF REFERENCE 2008/2009 - MOTION AGREED TO:
      The Leader of Government Business (Ms Lawrie), pursuant to notice, moved - That the Assembly appoint an Estimates Committee 2008/2009 and a Government Owned Corporations Scrutiny Committee 2008/2009, pursuant to the terms circulated to Members below:
ESTIMATES COMMITTEE 2008/2009

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 2008/09.

      2. That the Schedule to the Appropriation Bill 2008/09 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 20 June 2008.

      4. That the Committee examine the proposed expenditure contained in the Bill by portfolio units in accordance with the Schedule and 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 2008/09 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 17 June, 2008 commencing at 8:30am and adjourning at 11.00pm;

            (b) on Wednesday 18 June, 2008 commencing at 8.30am and adjourning at 11.00pm;

            (c) on Thursday 19 June, 2008 commencing at 8.30am and adjourning at 11.00pm;

            (d) on Friday 20 June, 2008 commencing at 8.30am and adjourning at 1 pm; and

            (e) 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. The Minister (or Speaker) who has been asked for explanations may be assisted, where necessary, by officers in the provision of relevant information.

        24. Officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.

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


        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 2008/09; 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.
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        GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE 2008/2009

        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 2008/09.

        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 adopted by the Assembly or as otherwise ordered by the 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 Friday 20 June 2008 for 2 hours from 1.30pm to 3.30pm.

        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 the 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 2008/09.

            19. Questions shall be put directly to 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.

            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 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 2008/09, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2008/09, 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 1285)
            Question - put and passed.
        8. PUBLIC TRANSPORT (PASSENGER SAFETY) BILL 2008 (Serial 144):
            The Minister for Infrastructure and Transport (Ms Lawrie), pursuant to notice, presented a Bill for an Act to provide for the safety of passengers on public transport.
            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, Public Transport (Passenger Safety) Bill 2008 (Paper 1286).

            On the motion of the Member for Katherine (Mrs Miller) debate was adjourned.
        9. MISUSE OF DRUGS AMENDMENT BILL 2008 (Serial 145):
            The Minister for Justice and Attorney-General (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Misuse of Drugs Act.
            Bill read a first time.
            Dr Burns moved - That the Bill be now read a second time.
            Debate ensued.
            Paper tabled: Dr Burns laid on the Table the following Paper -
        Explanatory Statement, Misuse of Drugs Amendment Bill 2008 (Paper 1287).

            On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
        10. CRIMINAL CODE AMENDMENT (ASSAULTS ON DRIVERS OF COMMERCIAL PASSENGER VEHICLES) BILL 2008 (Serial 138):
            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.
            Leave granted for a motion for the third reading of the Bill to be moved forthwith.
            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.
        11. YOUTH JUSTICE AMENDMENT (FAMILY RESPONSIBILITY) BILL 2008 (Serial 133):
            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.
            Debate suspended.
            ___________________

            Suspension of sittings: The sittings of the Assembly was suspended between 12.02pm and 2pm.
            ___________________
        12. NOTICES:
            The following Notices were given:
            Dr Burns: To present the Legal Profession Amendment Bill (Complaints and Discipline) Bill 2008 (Serial 147).

            Ms Lawrie: To present the Revenue Law Reform (Budget Initiatives) Bill 2008 (Serial 146).

            Dr Burns: To present the Courts and Administrative Tribunals (Immunities) Bill 2008 (Serial 143).
        13. QUESTIONS:
            2.04pm Mr Conlan to Dr Burns.
            2.07pm Ms Anderson to Mr Henderson.
            2.11pm Mr Conlan to Dr Burns.
            2.12pm Ms McCarthy to Dr Burns.
            2.15pm Mrs Miller to Mr Vatskalis.
            2.18pm Mr Warren to Ms Lawrie.

            Visitor: The Speaker advised Members of the presence in the public gallery of Mr Damien Hale, Member of the House of Representatives for the Northern Territory. On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.

            2.21pm Mr Wood to Mr Kiely.
            2.26pm Mr Burke to Dr Burns.
            2.31pm Mr Conlan to Dr Burns.
            2.33pm Mr Hampton to Ms Lawrie.
            2.36pm Mr Wood to Mr Kiely.
            2.38pm Ms Anderson to Ms Scrymgour.
            2.40pm Mr Mills to Ms Lawrie
            2.42pm Mr Hampton to Mr Bonson.
            2.47pm Mrs Miller to Mr Vatskalis.
            2.48pm Mr Warren to Mr Henderson.
            2.52pm Ms Miller to Mr Vatskalis.
            2.53pm Mr Burke to Mr Vatskalis.
            2.56pm Mrs Braham to Mr Vatskalis.
            2.59pm Mr Hampton to Mr Knight.

            The Leader of Government Business (Ms Lawrie) asked that further questions be placed on the Written Question Paper.
        14. YOUTH JUSTICE AMENDMENT (FAMILY RESPONSIBILITY) BILL 2008 (Serial 133):
            The Order of the Day having been read for the resumption of debate, suspended earlier this day, 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 students from Sanderson Football Academy, Clontarf program accompanied by Mr Nathan Perrin.
            ________________

            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 Justice and Attorney-General (Dr Burns) the Bill was read a third time and passed to be a proposed law.
        15. OUR ECONOMY, DELIVERING FOR FAMILIES - MOTION TO NOTE STATEMENT:
            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.
            On the motion of the Minister for Housing (Mr Vatskalis) debate was adjourned.
        16. MAJOR CAPITAL INFRASTRUCTURE PROGRAM FOR REMOTE HOUSING - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
            The Minister for Housing (Mr Vatskalis) made a statement relating to the Major Capital Works Program for Remote Housing.
            Mr Vatskalis moved - That the Assembly take note of the Statement.
            Debate ensued.
            On the motion of the Deputy Chief Minister (Ms Scrymgour) debate was adjourned.
        17. ADJOURNMENT:
            The Deputy Chief Minister (Ms Scrymgour) moved - That the Assembly do now adjourn.
            Debate ensued.
            Question - put and passed.
            And the Assembly adjourned at 7.51pm until Tuesday 6 May 2008 at 10am.
            _________________

            PAPERS:
            The following Papers were deemed to be presented on Thursday 1 May 2008 -

            Coroners Act:
            In the matter of Coroner’s Findings and Recommendation into the Deaths of Angel Blanco-Puerto, Phillip Lindsay, Barry Gaykamangu and Hannu Kononen (Paper 1289)

            Joint Management Plans:
            Rainbow Valley Conservation Reserve & CD, Department of Natural Resources, Environment and the Arts (Paper 1290)

            Reports:
            Ombudsman NT Report, On a complaint by Steven Ariston about the conduct of Members of the Northern Territory Police force at Alice Springs on about 5 August 2007 (Paper 1288)
        _________________
            ATTENDANCE:
            All Members attended the sitting except Ms Sacilotto, on leave.
        Last updated: 04 Aug 2016