Minutes of Proceedings - 2007-11-28
1. MEETING:
2. PRAYERS.
3. SPEAKER'S WARRANT - DEPUTY CHAIRMAN OF COMMITTEES:
4. MINISTERIAL REPORTS:
6. PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) BILL 2007 (Serial 130):
Care and Protection of Children Bill 2007 (Serial 112) - Draft Bill inclusive of proposed amendments in Amendment Schedule No. 23 (Paper 1177).
- The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. SPEAKER'S WARRANT - DEPUTY CHAIRMAN OF COMMITTEES:
- The Speaker laid on the Table her warrant for Deputy Chairmen of Committees as follows:
W A R R A N T
Appointment of Deputy Chairmen of Committees
Appointment of Deputy Chairmen of Committees
- Pursuant to the provisions of Standing Order 12, I hereby revoke all previous warrants nominating Members to act as Deputy Chairmen of Committees and nominate the following Members to act as Deputy Chairmen of Committees: Ms Malarndirri McCarthy, Mr James Burke, Ms Kerry Sacilotto, Mr Rob Knight, and Mr Gerry Wood, when requested so to do by the Chairman of Committees and Deputy Speaker.
- Given under my hand this 28th day of November 2007.
Hon Jane Aagaard MLA
Speaker (Paper 1172)
4. MINISTERIAL REPORTS:
- Brolga 2007 Awards: The Minister of Tourism (Mr Henderson) reported on the 2007 Brolga Awards.
Mr Conlan responded.
Mrs Braham responded.
Australian Business Arts Foundation: The Minister for the Arts and Museums (Ms Scrymgour) reported on establishment of a chapter in the Territory of the Australian Business Arts Foundation (AbaF).
Mrs Miller responded.
Australian Aerospace Company: The Minister for Business and Economic Development (Mr Vatskalis) reported on the value to the Territory economy by the establishment of the Australian Aerospace company in Darwin which will be supporting and maintaining the deployed Tiger Helicopters at Robertson Barracks.
Ms Carney responded.
Mr Wood responded.
Bellamack Land Release: The Minister for Planning and Lands (Ms Lawrie) reported on the government's land release strategies and an imminent land release at Bellamack.
Mr Mills responded.
- Ministerial Reports noted, pursuant to Standing Orders.
- The Leader of the Opposition (Ms Carney), by leave, moved - that the Assembly call upon the Chief Minister to live up to his comments yesterday that the majority of Territorians support the local government amalgamations by conducting a referendum on the issue.
Debate ensued.
On the motion of the Leader of Government Business (Ms Lawrie) debate was adjourned.
6. PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) BILL 2007 (Serial 130):
- The Leader of Government Business (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Planning Act.
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 -
On the motion of the Member for Blain (Mr Mills) debate was adjourned.
- The Leader of Government Business (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the legislation administered by the Minister for Infrastructure and 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 -
On the motion of the Member for Katherine (Mrs Miller) debate was adjourned.
- The Minister for Family and Community Services (Ms Scrymgour) laid on the Table the following Papers -
Care and Protection of Children Bill 2007 (Serial 112) - Draft Bill inclusive of proposed amendments in Amendment Schedule No. 23 (Paper 1177).
Ms Scrymgour, by leave, made a statement relating thereto.
Visitors: The Speaker advised Members of the presence in the public gallery of the daughters of the Member for Katherine and extended a warm welcome to the visitors.
- 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.
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Suspension of sittings: The sittings of the Assembly was suspended between 11.46pm and 2pm.
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- The following notices were given -
Ms Lawrie: To present the Darwin Waterfront Corporation Amendment Bill 2007 (Serial 128).
Ms Lawrie: To present the Land Title and Related Legislation Amendment Bill 2007 (Serial 131).
Ms Lawrie: To present the Professional Standards Amendment (Mutual Recognition) Bill 2007 (Serial 125).
Ms Lawrie: To present the Justice Legislation Amendment Bill (No. 3) 2007 (Serial 126).
Ms Lawrie: To present the Statute Law Revision Bill 2007 (Serial 127).
- 2.02pm Ms Carney to Mr Henderson.
2.09pm Mr Burke to Mr Henderson.
2.12pm Ms Carney to Mr Henderson.
Paper tabled: The Leader of the Opposition (Ms Carney), by leave, laid on the Table the following Paper -
2.19pm Mr Bonson to Mr Henderson.
2.25pm Ms Carney to Mr Henderson.
2.30pm Ms Sacilotto to Mr Henderson.
2.34pm Mrs Braham to Ms Lawrie.
2.36pm Mr Mills to Mr Henderson.
2.42pm Mr Warren to Ms Scrymgour.
2.45pm Mr Mills to Mr Henderson.
2.49pm Mr Hampton to Mr McAdam.
2.52pm Mrs Braham to Ms Lawrie.
2.54pm Mr Burke to Mr Vatskalis.
2.57pm Mr Mills to Mr Henderson.
The Leader of Government Business (Ms Lawrie) asked that further questions be placed on the Written Question Paper.
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Chairman and Deputy Speaker - Mr Knight)
In Committee
(Chairman and Deputy Speaker - Mr Knight)
Clauses 1 to 4, by leave taken together and agreed to.
Clause 5 read.
On the motion of the Minister for Family and Community Services (Ms Scrymgour) the following amendments were agreed to, after debate -
In subclause (a)(ii), before "the CEO" insert "the Minister,".
Clause 6 agreed to.
On the motion of the Leader of Government Business (Ms Lawrie), by leave, moved - That clauses 7 to 344 be taken together and that the remaining amendments circulated by the minister in the Schedule of Amendments No. 23 be moved and debated together and one question be put for the several amendments at the conclusion of the debate.
Question - put and passed.
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Amendments to Clauses agreed to are set out below:
Clause 7 negatived.
New Clause 7.
On the motion of Ms Scrymgour the following new Clause 7 was inserted in the Bill, after debate -
- 7 Responsibility of Territory Government
- The Northern Territory Government has responsibility for promoting and safeguarding the wellbeing of children and supporting families in fulfilling their role in relation to children.
Clause 8.
In subclauses (3) and (4), omit "taken away" and substitute "removed".
Clause 13 read.
Insert (in alphabetical order) -
- sexual offence, see section 3 of the Sexual Offences (Evidence and Procedure) Act.
Clause 15 read.
Omit subclause (2)(b) and insert in its stead, "(b) sexual abuse or other exploitation of the child;".
In subclause (2)(c), example
omit, substitute
- "Example
- A child witnessing violence between the child's parents at home."
Clause 20 read.
Omit the heading and substitute," When child is in need of care and protection".
Omit "in need of protection" and substitute "in need of care and protection (child is in need of protection)".
Omit paragraphs (c) and (d) and insert in their stead -
"(c) the parents of the child are dead or unable or unwilling to care for the child and no other family member of the child is able and willing to do so; or".
Clause 21 read.
- Omit
has all the powers, rights and responsibilities
substitute
is entitled to exercise all the powers and rights, and has all the responsibilities,
Clause 22.
In subclause (1) -
- omit
has all the powers, rights and responsibilities
substitute
is entitled to exercise all the powers and rights, and has all the responsibilities,
Omit subclause (2) and insert in its stead -
- "(2) Without limiting subsection (1), a person who has parental responsibility for a child:
- (a) has daily care and control of the child; and
(b) is entitled to exercise all the powers and rights, and has all the responsibilities, in relation to the long-term care and development of the child.".
In paragraph (a) omit " and people engaged in child-related employment".
In paragraph (b), before "the CEO", insert "the Minister,".
New Division 1A.
Division 1A was inserted in the Bill -
- Division 1A Minister's powers
24A Minister's powers
- (1) The Minister may do anything for the adoption of a cooperative approach between the following in relation to the care and protection of children:
- (a) families;
(b) Agencies and any other public authorities;
(c) any other individuals or organisations (including, for example, community groups, business entities and any other bodies).
(3) The Minister must, by Gazette notice, give notice about the making of the guidelines as soon as practicable after they are made.
(4) The CEO must have regard to the guidelines in the exercise of the power or performance of the function.
(5) The Minister may give direction to the CEO in relation to the exercise of a power or performance of a function by the CEO under this Act.
(6) The CEO must comply with the direction.
(7) An exercise of the Minister's power under this section must be consistent with this Act.
Clause 25 read.
Omit subclause (1) (a) and insert in its stead -
"(a) believes, on reasonable grounds, that a child:
- (i) has been or is likely to be a victim of a sexual offence; or
(ii) otherwise has suffered or is likely to suffer harm or exploitation; and".
In subclause (3) omit "or (2)".
Clause 26.
In subclause (1), omit "section 25" and insert in its stead "section 25(1)".
Clause 28 read.
Omit subclause (2)(a) and insert in its stead "(a) the person who made the report;".
Clause 29.
In subclause (2), omit "section 25(2)" and insert in its stead "section 25(1)".
Clause 33 read.
Insert before subclause (2)(a) -
"(aa) a parent or another family member of the child;".
Clause 36 read.
In subclause (1), omit "section 33(2)" and insert in its stead "section 33(2)(a) to (i)".
Clause 50.
Subclause (1), example 2
omit, substitute
"2 A parent of the child is likely to remove the child from the child's usual place of residence to prevent access to the child by authorised officers after becoming aware of a proposed application for a protection order for the child.".
In subclause (3), omit "the obligation" and substitute "the CEO's obligation".
Clause 96 read.
Omit the Penalty provision and substitute -
Maximum penalty: 400 penalty units or imprisonment for 2 years.
Clause 98 read.
Omit the Penalty provision and substitute -
Maximum penalty: 100 penalty units or imprisonment for 6 months.
Clause 134.
Omit the Heading and substitute "Obligations of CEO for order".
In Subclause (1) omit "the person" and substitute "the CEO".
Clause 137.
In subclause (1), at the end insert "(including an application under section 135 or 136)".
Omit subclause (2).
Clause 158.
In subclause (2) omit "10" and substitute "20".
Clause 160.
Omit paragraph (a) and insert in its stead -
- "(a) if the child is at least 10 years of age and the CEO considers the child has sufficient maturity and understanding to comprehend the transfer and its consequences – the child; and
(aa) each parent of the child; and
(ab) anyone else who was a party to the proceedings relating to the home order (other than the CEO); and".
Clause 165.
Omit paragraph (a) and insert in its stead -
- "(a) if the child is at least 10 years of age and the CEO considers the child has sufficient maturity and understanding to comprehend the transfer and its consequences – the child; and
(aa) each parent of the child; and
(ab) anyone else who was a party to the home proceeding (other than the CEO); and".
Clause 188.
In subclause (6) omit all the words after "the subsection" and insert in its stead "an offence that is a sexual offence".
Clause 223.
In subclause (3)(d) omit "or other educational institution".
Omit subclause (4).
Clause 300.
Omit subclause 1 and insert in its stead -
- (a) in the CEO's care; or
(b) for whom:
- (i) an application for a temporary protection order, assessment order or protection order has been made; or
(ii) such an order is in force; or
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Question - That the Amendments to the several clauses contained in Amendment Schedule No. 23 as described above together with clauses 7 to 344 be agreed to - put an passed.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Assembly resumed; the Speaker (Ms Aagaard) took the Chair; the Chairman and Deputy Speaker (Mr Warren) reported that the Assembly had agreed to the Bill with amendments.
And the report was adopted.
The Minister for Family and Community Services (Ms Scrymgour) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
- 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 Leader of Government Business (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 resumption of debate on the question - The Assembly take note of the Statement -
Debate resumed.
Question - put and passed.
- The Leader of Government Business (Ms Lawrie) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 6.49pm until tomorrow 10am.
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PAPERS:
The following Papers were deemed to have been presented on Wednesday 28 November 2007 -
Annual Reports
Parks and Wildlife Advisory Council, 2006/2007 (Paper 1180)
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- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016