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Minutes of Proceedings - 2006-11-28

1. MEETING:

The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 19 October 2006. The Speaker, the Honourable J. L. Aagaard, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR No. 14:

The Speaker advised Members of receipt of the following Message from His Honour the Administrator:

Assent to Proposed Laws

I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the

Northern Territory (Self-Government Act) 1978

of the Commonwealth, the assent to the following proposed laws:

3 November 2006

Biological Resources Act 2006

(No 31 of 2006)

Evidence and Other Legislation (Witness Assistance) Amendment Act 2006

(No 32 of 2006)

Medical Services Amendment Act 2006

(No 33 of 2006)

Criminal Reform Amendment Act (No.2) 2006

(No 34 of 2006)

Justice Legislation Amendment Act (No.2) 2006

(No 35 of 2006)

Justice Legislation Amendment (Group Criminal Activities) Act

2006

(No 36 of 2006)

Dated 8 November 2006.

E J Egan AO

Administrator (Paper 701)

4. VISITORS:

The Speaker advised members of the presence in the public gallery of Year 3 to 6 students from Wugularr School accompanied by Ms Rosemary Murray; and Year 5 to 8 students from Maningrida CEC accompanied by Mr Shannon Alexander and Ms Pamela Hepburn.

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

5. PETITIONS:

Responses to petitions:

The Clerk, pursuant to Standing Order 100, presented a response to petition No. 47 relating to Dundee Beach proposal; to rezone sections 3230 and 3231 Dunheved Road, Hundred of Glyde from Community Purpose (CP) to Living 1 (L1) (Paper 702).

6. MINISTERIAL REPORTS:

Northern Territory Police, Numbers:

The Minister for Police, Fire and Emergency Services (Dr Burns) made a progress report on growing and rebuilding the Northern Territory Police Force.

Ms Carney responded.

Mrs Braham responded.

Dr burns responded.

Heritage sites, listed:

The Minister for Natural Resources, Environment and Heritage (Ms Scrymgour) reported on the heritage listing of 5 new sites to preserve and conserve the Territory's heritage.

Mrs Miller responded.

Mr Wood responded.

Ms Scrymgour responded.

Planning and Growth forum for Darwin, 2007:

The Minister for Planning and Lands (Ms Lawrie) reported on planning issues associated with a proposed Planning and Growth Forum for Darwin in 2007.

Ms Carney responded.

Mr Wood responded.

Ms Lawrie responded.

Sabah Meat Technology Centre:

The Minister for Primary Industry and Fisheries (Mr Natt) reported on his attendance at the opening of a Meat Technology and Training Centre, in Sabah.

Ministerial Reports noted, pursuant to Standing Orders.

7. LEGAL PROFESSION BILL 2006 (Serial 75):

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.

The Assembly resolved itself into Committee of the Whole for consideration of the Bill.

________________

In Committee
(Chairman and Deputy Speaker - Mr Knight)

Clauses 1 to 30, by leave, taken together and agreed to.

Clause 31 read.

On the motion of the Minister for Justice and Attorney-General (Mr Stirling) the following amendment was agreed to, after debate -

Insert after subclause (1) -

(1A) The Board must give written notice to the Law Society of the application.

Clause 31, as amended, agreed to.

Clauses 32 and 33, by leave, taken together and agreed to.

Clause 34 read.

Question - put.

Clause 34 negatived, after debate.

New Clause 34.

On the motion of Mr Stirling the following New Clause 34 was inserted in the Bill -

34. Entitlement to be represented, heard and make representations

(1) The Admission Board is not a respondent to an application for admission to the legal profession under this Act.

(2) The Law Society and an applicant for admission to the legal profession under this Act or a declaration under section 31 are entitled to:

(a) make written representations to the Board in relation to any matter under consideration by the Board under this Division; and

(b) be represented and heard at any appeal under Division 5.

(3) The Society is entitled to:

(a) make written representations to the Supreme Court on an application for admission to the legal profession under this Act or a matter referred to the Court under section 32; and

(b) be represented and heard on the hearing of the application or reference.

Clauses 35 to 40, by leave, taken together and agreed to.

Clause 41 read.

Question - put.

Clause 41 negatived, after debate.

New Clause 41.

On the motion of Mr Stirling the following New Clause 41was inserted in the Bill -

41. Joinder of parties and counsel assisting

(1) The Supreme Court may, on application made to it, grant leave to a person to be joined as a party to an application for admission to the legal profession under this Act or a reference under section 32.

(2) In addition, the Court may appoint counsel to assist it in deciding the application or reference.

Clause 42 read.

Question - put.

Clause 42 negatived, after debate.

New Clause 42

On the motion of Mr Stirling the following New Clause 42 was inserted in the Bill, after debate -

42. Costs relating to applications and referrals

(1) The Supreme Court may order the costs of counsel appointed to assist in an application for admission to the legal profession under this Act or a reference under section 32, as certified by the Solicitor for the Northern Territory, to be paid out of the Fidelity Fund.

(2) In addition, the Court may order the costs of the Law Society, as certified by the Solicitor for the Northern Territory, to be paid out of the Fidelity Fund:

(a) for an appeal by it under Division 5; or

(b) if it is heard on an application for admission to the legal profession under this Act or a reference under section 32.

(3) However, the Court must not make an order under subsection (2) if it is satisfied the Society has acted unreasonably in relation to the appeal, application or reference.

Clause 43 read.

On the motion of Mr Stirling the following amendment was agreed to, after debate -

Omit subclause (4) and insert in its stead -

(4) Despite anything to the contrary in the rules, the Board must:

(a) give the Law Society a copy of each application for admission to the legal profession under this Act; and

(b) give the Society and any other person granted leave to be joined as a party to the application a copy of all other documents relevant to the application.

Clause 43, as amended, agreed to.

Remainder of the Bill, by leave, taken as a whole and agreed to.

Bill to be reported with amendments.

________________

The Assembly resumed; the Speaker (Mrs Aagaard) took the Chair; the Chairman (Mr Knight) reported that the Committee had considered and agreed to the Bill with amendments.

Report adopted.

On the motion of the Minister for Justice and Attorney-General (Mr Stirling) the Bill was read a third time and passed to be a proposed law.

8. INDIGENOUS AFFAIRS, 100M 5YEAR HOUSING INVESTMENT - MINISTERIAL STATEMENT - 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.

Debate suspended.

________________

Suspension of sitting:

The sitting of the Assembly was suspended at 11.58am until 2pm.

________________

9. NOTICES:

The following notices were given -

Mr Henderson: To move, on Thursday 30 November 2006 - That the terms of reference of the Northern Territory Statehood Steering Committee adopted on 17 August 2004 and amended on 24 March 2005 be further amended by inserting the following new clause 13A -

"13A. The Minister for Statehood and the Shadow Minister for Statehood may from time to time seek advice or information on Statehood issues from the Office of the Clerk of the Legislative Assembly. A copy of any advice or information where prepared by the Office of the Chairman, Statehood Steering Committee, will be tabled at the next Executive Group meeting following the date of its submission to the Clerk."

Ms Carney: Advised of changes made to titles of legislation proposed for introduction on notice as General Business, Items No. 4 to No.6 inclusively to be entitled as follows respectively -

Sentencing Amendment Bill 2006 (Serial 82);
Traffic Amendment (Impounding and Forfeiture of Vehicles) Bill 2006 (Serial 81); and
Traffic Amendment (Suspension of Licence) Bill 2006 (Serial 80).

Ms Carney: To present the Learners and Provisional Drivers Legislation Amendment Bill 2006 (Serial 79).

Ms Carney: To move - That this House,

1. Express its anger at the actions by the Chief Minister and her Labor Government for removing the open speed limit on the Stuart Highway.

2. Calls:

on the Government to reverse its decision to impose speed restriction on the open roads;

on the Government to introduce tougher and specific penalties in relation to drink driving including mandatory breath testing by police when pulling drivers over for any reason;

for the Government to adopt a policy of seizure and disposal of cars from repeat high range drink drivers and for those who drive but refuse to register their cars;

for the Government to adopt a policy implementing a 3 strikes in 12 months and loss of licence for people who fail to wear seatbelts;

for specific education and training measures for younger drivers;

for incentives to younger drivers to purchase lower powered motor vehicles;

for incentives for good drivers to include such things as licence renewal without cost for drivers who have not had a speeding infringement between renewals; and

for an older driver skills update program which would, if completed, provide older drivers with an insurance and / or registration discount; and

3. Condemns this Government for failing to consult with Territorians contrary to their election promise to be an open and consultative government.

Mr Wood: To present the Law of Property Amendment (Sales of Residential Property) Bill 2006 (Serial 78).

Mr Wood: To move - That,

(1) The Environmental Assessment Administrative Procedures currently do not require the Minister to seek a proponent's comments on a report, advice or recommendations that were sought elsewhere by the Minister on a proposal which is the subject of an Environmental Impact Statement or a Public Environmental Report.

(2) The Legislative Assembly calls upon the Minister for Natural Resources, Environment and Heritage to amend the Environmental Assessment Administrative Procedures to ensure the relevant Minister has to provide the proponent with the report of a consultant or organisation that was engaged by the Minister to comment on an Environmental Impact Statement or a Public Environmental Report. Further, the proponent will then be required to respond to the Minister on that report.

(3) The amendments are:

(i) Amendment of clause 11 (Examination of Report), subclause (2)(b)

after

statement,

add

and

(ii) Amendment of clause 11 (Examination of Report), after subclause 11(2)(b)

add

(iii) Amendment of clause 14 (Examination of final statement), subclause (2)(b)

after

statement,

add

and

(iv) Amendment of clause 14 (Examination of final statement), after subclause 14(2)(b)

add

Mr Wood: To move - That,

1. The Northern Territory Government leaves the present open speed limit on the Stuart, Victoria, Arnhem and Barkly Highways.

2. The Government be condemned for not allowing the public a say in changes to the speed limits.

3. The Government be condemned for not including the public in the development of the NT Road Safety Taskforce Report.

4. The Government delay the implementation of the report until it establishes a Road Safety Taskforce Committee which travels throughout the Territory facilitating public forums to allow community input.

Mr Mills: To move - That the Labor Government's decision to close down the after hours bulk-billing service at the Farrar Medical Centre is a cynical cost-cutting exercise that will impact most heavily on young families, the elderly and the chronically ill in Palmerston.

And call on the Government to immediately re-instate funding to provide after hours bulk-billing at the Farrar Medical Centre funding which is understood to cost the NTG less than $300,000 last financial year.

10. LEAVE OF ABSENCE - MEMBER FOR ARAFURA: The Leader of Government Business (Mr Henderson) moved - That leave of absence be granted to the Member for Arafura (Ms Scrymgour) for the remainder of this day.

Question - put and passed.

11. QUESTIONS:

2.05pm Ms Carney to Ms Martin.

2.11pm Mr Bonson to Ms Martin.

Paper tabled:

Ms Martin laid on the Table the following Paper -

Creating Darwin's Future a Tropical Harbour City (Paper 703).

2.15pm Ms Carney to Ms Martin.

2.18pm Mr Bonson to Ms Martin.

2.21pm Ms Carney to Ms Martin.

2.24pm Mr Burke to Mr Henderson.

2.25pm Ms Carney to Ms Martin.

2.28pm Mr Kiely to Mr Vatskalis.

2.31pm Mr Wood to Mr Natt.

2.34pm Ms Carney to Ms Martin.

2.37pm Mr Knight to Mr Stirling.

2.42pm Ms Carney to Ms Martin.

2.44pm Ms Anderson to Mr Vatskalis.

2.46pm Mrs Braham to Dr Burns.

2.49pm Mr Knight to Mr Natt.

2.52pm Ms Carney to Ms Martin and referred to Dr Burns.

2.54pm Mr Hampton to Mr McAdam.

2.57pm Ms Carney to Dr Burns.

3.01pm Mr Kiely to Ms Martin.

The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.

12. INDIGENOUS AFFAIRS, 100M HOUSING INVESTMENT - STATEMENT NOTED:

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.

Extension of time:

On the motion of the Member for Katherine (Mrs Miller) the Member for Greatorex (Dr Lim) was granted an extension of time.

Debate continued.

Paper tabled:

The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper -

Graph - Total Indigenous Housing and Infrastructure Funding by Jurisdiction - Financial Year 2005/2006 (Paper 719).

Debate continued.

Question - put and passed.

13. STRATEGIC REVIEW OF THE NORTHERN TERRITORY AUDITOR-GENERAL'S OFFICE 2006 - REPORT NOTED:

The Order of the Day having been read for the resumption of debate on the question - That the Assembly take note of the Report -

Debate resumed.

Question - put and passed.

14. COMPULSORY UNIFORMS POLICY FOR STUDENTS TO YEAR 9 – STATEMENT NOTED:

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.

Question - put and passed.

15. TREASURER'S ANNUAL FINANCIAL REPORT 2005/2006 - REPORT NOTED:

The Order of the Day having been read for the resumption of debate on the question - That the Assembly take note of the Report -

Debate resumed.

Question - put and passed.

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Suspension of sitting:

The sitting of the Assembly was suspended between 5.45pm and 5.54pm.

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16. PERSONAL EXPLANATION - ANSWER TO QUESTION ASKED BY LEADER OF THE OPPOSITION:

The Minister for Police, Fire and Emergency Services (Dr Burns), by leave of the Speaker, provided further information in response to a question asked by the Leader of the Opposition today relating to response time of police to an incident at Nightcliff Shopping Centre.

17. NORTHERN TERRITORY ELECTORAL COMMISSION, ANNUAL REPORT 2005/2006:

The Speaker laid on the Table the Northern Territory Electoral Commission Report 2005/2006 (Paper 720).

18. SESSIONAL COMMITTEE ON SPORT AND YOUTH - INTERIM PROGRESS STATEMENT ON BENEFITS OF SCHOOL SPORT NT PROGRAMS - MOTION TO NOTE STATEMENT:

The Chairman of the Sessional Committee on Sport and Youth (Ms Sacilotto), by leave, made a progress statement to the Assembly relating to the Benefits of School Sport NT Programs the subject of an inquiry reference before the Committee.

Ms Sacilotto moved - That the Assembly take note of the Statement.

Debate ensued.

The Member for Millner (Mr Bonson) was granted leave to continue his remarks at a later hour - Debate adjourned.

19. REMUNERATION TRIBUNAL DETERMINATION No. 1 of 2006, MEMBERS OF THE LEGISLATIVE ASSEMBLY, MEMBERS OF THE EXECUTIVE COUNCIL AND MINISTERS OF THE TERRITORY – PAPER TABLED – PAPER PRINTED - MOTION TO NOTE REPORT:

The Deputy Chief Minister (Mr Stirling), on behalf of the Chief Minister (Ms Martin) laid on the Table the Report of the Remuneration Tribunal and Determination No. 1 of 2006 for Members of the Legislative Assembly, Members of the Executive Council and Ministers of the Territory. (Paper 721)

Mr Stirling made a statement relating thereto.

Mr Stirling moved – That the Assembly take note of the Report and was granted leave to continue his remarks at a later hour – Debate adjourned.

20. OMBUDSMAN REPORT 2005/2006 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE REPORT:

The Deputy Chief Minister (Mr Stirling), on behalf of the Chief Minister (Ms Martin), laid on the Table the Report of the Ombudsman 2005/2006, Twenty-eighth Annual Report (Paper 722).

Mr Stirling moved - That the Report be printed.

Question - put and passed.

Mr Stirling moved - That the Assembly take note of the Report.

Debate ensued.

Mr Stirling was granted leave to continue his remarks at a later hour - Debate adjourned.

21. TREASURER’S MID-YEAR REPORT 2006/2007 – PAPER TABLED – MOTION TO NOTE REPORT:

The Treasurer (Mr Stirling) laid on the Table the Treasurer’s Mid-Year Report 2006/2007. (Paper 723)

Mr Stirling made a statement relating thereto.

Mr Stirling moved - That the Assembly take note of the Report.

On the motion of the Leader of the Opposition (Ms Carney) debate was adjourned.

22. ADJOURNMENT:

The Minister for Health (Dr Burns) moved - That the Assembly do now adjourn.

Debate ensued.

Paper tabled:

The Member for Brennan (Mr Burke), by leave, laid on the Table the following Paper -

Biographies of Presenters 5th Canadian Parliamentary Seminar (Paper 724).

Debate resumed.

Question - put and passed.

And the Assembly adjourned at 8.45pm until Wednesday 29 November 2006 at 10am.

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PAPERS:

The following Papers were deemed to have been presented on Tuesday 28 November 2006 -

Annual Reports:

Department of the Chief Minister, 2005/2006 (Paper 704)

Desert Knowledge Australia, 2005/2006 (Paper 708)

Land Development Corporation, 2005/2006 (Paper 709)

Northern Territory Grants Commission, 2005/2006 (Paper 707)

Tarcoola-Darwin Rail Regulation, 2005/2006 (Paper 705)

The Commissioner of Consumer Affairs, 2005/2006 (Paper 706)

Community Government Scheme:

Anmatjere Community Government Scheme Amendment 2006 (Paper 712)

Nyirranggulung Mardrulk Ngadberre Community Government Scheme Amendment (Incorporation of Gulin Gulin) 2006 (Paper 711)

Regulations 2006:

No. 35, Consumer Affairs and Fair Trading Amendment (No. 2) (Paper 713)

No. 36, Courts Legislation Amendment (Revenue Units) (Paper 714)

No. 37, Bushfires (Volunteer Bushfire Brigades) Amendment (Paper 715)

No. 38, Totalisator Licensing and Regulation Amendment (Paper 716)

No. 39, Motor Vehicles (Fees and Charges) Amendment (Paper 717)

No. 40, Police Administration (Fees) Amendment (Revenue Units) (Paper 718)

Territory Insurance Office Act:

Direction – pursuant to section 7(1), dated 16 November 2006, Hon. Syd Stirling, Treasurer - re Commercial Directors and Officers Insurance (Paper 710)

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ATTENDANCE:

All Members attended the sitting.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 2006-11-28