Minutes of Proceedings - 2005-08-24
1. MEETING:
2. PRAYERS.
3. VISITORS:
Marrara Christian School, Year 7 students accompanied by Ms Jennifer Edwards, Ms Jeanette Wright and Mr Nathan Tethewey.
4. CONDOLENCE - MR W RUBUNTJA AM - MOTION AGREED TO:
5. MINISTERIAL REPORTS:
6. SESSIONAL COMMITTEE ON THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT - APPOINTMENT OF MEMBERSHIP - TERMS OF REFERENCE - REFERENCE, INVASIVE SPECIES AND MANAGEMENT PROGRAMS - MOTIONS AGREED TO:
The following matter be referred to the Environment and Sustainable Development Committee for inquiry and report -
(1) The Northern Territory’s capacity to prevent new incursions of invasive species, and to implement effective eradication and management programs for such species already present; and
(2) That the committee in its inquiry will:
8. LEGISLATION REPEAL BILL 2005 (Serial 18):
9. YOUTH JUSTICE BILL (No. 2) 2005 (Serial 10) and YOUTH JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL (No. 2) 2005 (Serial 11):
Mr Terry McCarthy, former Speaker of the Legislative Assembly; and
Mr John Pollock, former Deputy Clerk of the Legislative Assembly.
Youth Justice (Consequential Amendments) Bill (No. 2) 2005 (Serial 11), without amendment; and
- The Assembly met at 10am. The Speaker, the Honourable Mrs J. L. Aagaard, took the Chair.
2. PRAYERS.
3. VISITORS:
- The Speaker advised Members of the presence in the in the public galleries of visitors from:
Marrara Christian School, Year 7 students accompanied by Ms Jennifer Edwards, Ms Jeanette Wright and Mr Nathan Tethewey.
- On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. CONDOLENCE - MR W RUBUNTJA AM - MOTION AGREED TO:
- The Chief Minister (Ms Martin), by leave, moved - That this Assembly express its deep regret at the death of Mr W Rubuntja AM, a man who throughout his life contributed so much to the social, political and artistic fabric of the Territory and tender its profound sympathy to his family.
The Chief Minister (Ms Martin) thereupon addressed the Assembly.
The Leader of the Opposition (Ms Carney) addressed the Assembly.
Debate ensued.
Distinguished visitors: The Speaker advised Members of the presence in the Speaker's Gallery of Ms Nerys Evans, accompanied by Ms Teresa Robson, Official Secretary to His Honour the Administrator.
The Speaker extended a warm welcome to the distinguished visitors on behalf of all Members.
Debate continued.
Question - put and passed.
Motion agreed to.
As a mark of respect Members stood in their places for one minute, in silence.
5. MINISTERIAL REPORTS:
- Darwin Festival 2005: The Minister for Arts and Museums (Ms Scrymgour) reported on the Darwin Festival events.
Mr Mills responded thereto.
Mr Wood responded thereto.
Ms Scrymgour responded accordingly.
Aboriginal Health Plan: The Minister for Health (Dr Toyne) reported on an Aboriginal health and families plan.
Paper tabled: Dr Toyne laid on the Table the following Paper -
Dr Lim responded thereto.
Mrs Braham responded thereto.
Dr Toyne responded accordingly.
Housing Affordability: The Minister for Housing (Mr McAdam) reported on the affordability of public housing in the Territory.
Dr Lim responded thereto.
Mrs Braham responded thereto.
Mr McAdam responded accordingly.
- Ministerial Reports noted, pursuant to Sessional Order.
6. SESSIONAL COMMITTEE ON THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT - APPOINTMENT OF MEMBERSHIP - TERMS OF REFERENCE - REFERENCE, INVASIVE SPECIES AND MANAGEMENT PROGRAMS - MOTIONS AGREED TO:
- The Leader of Government Business (Mr Henderson), pursuant to notice, and by leave moved the following motions together -
APPOINTMENT OF MEMBERSHIP
That, during the present Session of the Assembly -
1. A Sessional Committee to be known as the Environment and Sustainable Development Committee be appointed in accordance with the terms of reference circulated to members;
2. The membership of the Environment and Sustainable Development Committee comprise three government members, two members of the opposition and one independent member nominated to the Speaker;
3. The following Members, unless otherwise ordered, be appointed to the committee:
- Mr T Warren, Mr R Knight, Mr M Bonson, Dr R Lim, Mrs F Miller and Mr G Wood; and
4. The committee shall elect a government member as Chairman.
TERMS OF REFERENCE
That, during the present Session of the Assembly -
(1) The Environment and Sustainable Development Committee shall be empowered, unless otherwise ordered, to inquire into and from time to time report upon and make recommendations on matters referred to it by the relevant minister or resolution of the Legislative Assembly:
- (a) any matter concerned with the environment or how the quality of the environment might be protected or improved; and
(b) any matter concerned with the sustainable development of the Northern Territory.
(2) 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 and make such interim recommendations as it may deem fit, and to publish information pertaining to its activities from time to time;
(3) The Committee be empowered to consider, disclose and publish the minutes of proceedings, evidence taken and records of similar committees appointed in previous Assemblies;
(4) 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 to take place in public;
(5) The Committee have power to appoint subcommittees consisting of two or more of its members and to refer to any such subcommittee any matter which the Committee is empowered to examine and that the quorum of a subcommittee shall be two; and
(6) The foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.
REFERENCE, INVASIVE SPECIES AND MANAGEMENT PROGRAMS
The following matter be referred to the Environment and Sustainable Development Committee for inquiry and report -
(1) The Northern Territory’s capacity to prevent new incursions of invasive species, and to implement effective eradication and management programs for such species already present; and
(2) That the committee in its inquiry will:
- (a) begin its investigations by engaging the scientific community to conduct a scientific summit on invasive species;
(b) use case studies to inform the analysis, and will draw its case studies from a range of invasive species;
(c) while investigating the value of control programs, focus on community based management programs for weeds and feral animal control; and
(d) as a result of its investigations and analysis will recommend relevant strategies and protocols for government in dealing with future incursions and current problem species.
Question - That the motions be agreed to - put and passed.
- The Chairman of the Standing Orders Committee (Mr Henderson) laid on the Table the First Report of the Standing Orders Committee for the Tenth Assembly, dated August 2005 relating to amendments to the Routine of Business, Ministerial Reports and amendment of a quorum for committees of the Assembly. (Paper 190)
Mr Henderson moved - That the Report be printed.
Question - put and passed.
Mr Henderson moved - That the Assembly adopt the Report.
Debate ensued.
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Visitors: The Speaker advised Members of the presence in the public galleries of Japanese students from Yra Cho who are on an exchange visit to Nightcliff High School, accompanied by Ms Jillian Sommerville.
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Debate continued.Question - put and passed.
Motion agreed to - Report adopted.
8. LEGISLATION REPEAL BILL 2005 (Serial 18):
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to repeal certain obsolete and redundant legislation.
Bill read a first time.
Dr Toyne moved - That the Bill be now read a second time.
Debate ensued.
Explanatory statement: Dr Toyne laid on the Table an Explanatory Statement to the Legislation Repeal Bill 2005 (Serial 18) (Paper 192).
On the motion of the Leader of the Opposition (Ms Carney) debate was adjourned.
9. YOUTH JUSTICE BILL (No. 2) 2005 (Serial 10) and YOUTH JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL (No. 2) 2005 (Serial 11):
- The Order of the Day having been read for the resumption of debate on the question - That the Bills be now read a second time -
Debate resumed.
Debate suspended.
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- Suspension of sittings: The sittings of the Assembly was suspended between 12.06 and 2.05pm.
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Distinguished Visitors: The Speaker advised Members of the presence in the Speaker's Gallery of Mr Charles "Chicka" Dixon a former member of the Aboriginal Art Board of the Australia Council, and currently a consultant to the University of New South Wales.
Visitors: The Speaker advised Members of the presence in the public galleries of -
Mr Terry McCarthy, former Speaker of the Legislative Assembly; and
Mr John Pollock, former Deputy Clerk of the Legislative Assembly.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- Dr Toyne: To present Domestic Violence Amendment (Police Orders) Bill 2005 (Serial 17).
- 2.07pm Ms Carney to Ms Martin.
2.14pm Ms Anderson to Mr Stirling.
2.18pm Ms Carney to Ms Martin.
Paper tabled: The Leader of the Opposition (Ms Carney), by leave, laid on the Table the following Paper -
2.21pm Ms McCarthy to Mr Stirling.
2.26pm Ms Carney to Ms Martin.
2.30pm Mrs Braham to Dr Toyne.
2.32pm Ms Anderson to Dr Toyne
2.35pm Ms Carney to Ms Martin.
2.37pm Mr Knight to Mr McAdam.
2.39pm Ms Carney to Ms Martin.
2.42pm Mr Bonson to Dr Burns.
2.45pm Mr Wood to Dr Toyne.
2.50pm Ms Anderson to Dr Burns.
2.53pm Ms Carney to Ms Martin.
2.56pm Mr Burke to Mr Henderson.
3.01pm Ms Carney to Ms Martin.
3.05pm Mrs Braham to Ms Martin.
3.07pm Mr Natt to Ms Lawrie.
The Leader of Government Business (Mr Henderson) 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 Bills be now read a second time -
Debate resumed.
Question - put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
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In Committee
(Chairman - Mr Kiely)
In Committee
(Chairman - Mr Kiely)
- Youth Justice Bill (No. 2) 2005 (Serial 10):
- Clauses 1 to 41, by leave, taken together and agreed to.
Clause 42 read.
The Minister for Justice and Attorney-General (Dr Toyne) invited defeat of the clause.
Clause 42 negatived, after debate.
New Clause 42 -
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following new Clause 42 was inserted in the Bill, after debate -
- "42. Extension of limitation period
(1) This section applies if a youth is diverted in relation to an offence but fails to satisfactorily complete a Youth Justice Conference or diversion program.
(2) Subject to section 21, proceedings may be commenced against the youth for the offence despite that the applicable limitation period has expired.
(3) The proceedings must be commenced before the later of -
(a) the expiry of the applicable limitation period; or
(b) 3 months after the diversion is determined to have been unsatisfactory.".
On the motion of Dr Toyne the following amendment was agreed to, after debate -
In subclause (2) omit "a youth's performance in any diversion program" and insert "the diversion of a youth".
Clause 43, as amended, agreed to.
Clauses 44 to 50, by leave, taken together and agreed to.
Clause 51 read.
Dr Toyne invited defeat of clause 51.
Clause 51 negatived, after debate.
New Clause 51.
On the motion of Dr Toyne the following new clause 51 was inserted in the Bill -
- "51. Youth in need of care
(1) This section applies if the Court believes that -
(a) a youth who is charged with an offence is or may be a child in need of care within the meaning of section 4(2) of the Community Welfare Act; or
(b) the welfare of the youth is endangered in any way.
(a) to investigate the circumstances of the youth; and
(b) to take appropriate action to secure the proper care of and attention to the youth's welfare.
(a) those circumstances (including whether or not the youth is a child in need of care); and
(b) any action that has been taken.
Clause 83 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit from subclause (4) "convicted" and insert in its stead "found guilty".
Clause 83, as amended, agreed to.
Clauses 84 to 162, by leave, taken together and agreed to.
Clause 163 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit subclause (3)(c).
Clause 163, as amended, agreed to.
Clause 164 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit subclause (1) and insert in its stead -
- "(1) A detainee who turns 18 years of age while serving a sentence of detention, or on remand in custody, in a detention centre must, within 28 days after turning that age, be transferred to a prison to serve the remainder of the sentence or period of remand. ".
On the motion of Dr Toyne the following further amendment was agreed to, after debate.
Insert at the end -
"(4) The Director may direct that subsection (1) does not apply in relation to a particular youth –
- (a) whose sentence has 6 months or less remaining to be served; or
(b) if the youth is remanded in custody – for a period not exceeding 6 months or for the remainder of the period of remand (whichever is the lesser).
(5) When deciding whether to give a direction under subsection (4), the Director –
(a) must have regard to the interests of other detainees as well as the interests of the particular youth; and
(b) may have regard to any other matters the Director considers appropriate.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Youth Justice (Consequential Amendments) Bill (No. 2) 2005 (Serial 11):
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 (Mr Kiely) reported that the Assembly had agreed to the -
Youth Justice (Consequential Amendments) Bill (No. 2) 2005 (Serial 11), without amendment; and
The reports were adopted.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
- The Minister for Employment, Education and Training (Mr Stirling) made a statement relating to providing the capacity and opportunity through education and training to improve the quality of life for indigenous Territorians.
Mr Stirling moved - That the Assembly take note of the Statement.
Debate ensued.
Extension of time: On the motion of the Member for Wanguri (Mr Henderson) the Member for Nhulunbuy (Mr Stirling) was granted an extension of time.
Debate continued.
Question - put and passed.
- The Leader of Government Business (Mr Henderson) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper -
Debate continued.
Question - put and passed.
And the Assembly adjourned at 10.25pm until tomorrow at 10am.
PAPERS:
There were no Papers deemed to have been presented on Wednesday 24 August 2005.
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- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016