Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2007-04-19

1. MEETING:
      The Assembly met at 9.30am. The Speaker, the Honourable J. L. Aagaard, took the Chair.

2. PRAYERS.
      Distinguished Visitor: The Speaker advised Members of the presence in the public gallery of the Hon. Mick Griffith MLC, President of the Legislative Council, Western Australia.

3. MINISTERIAL REPORTS:
      Drought Assistance in Central Australia: The Minister for Primary Industry and Fisheries (Mr Natt) reported on drought assistance to the pastoral industry in Central Australia.
      Mr Mills responded.
      Mrs Braham responded
      Mr Natt replied.

      Elective Surgery - Waiting Time: The Minister for Health (Dr Burns) reported on elective surgery waiting times in the Northern Territory.
      Dr Lim responded.
      Mrs Braham responded.
      Dr Burns replied.

      Alcohol Management Program – Alice Springs: The Chief Minister (Ms Martin) reported on the Alcohol Management Program and invited feedback on restrictions.
      Dr Lim responded.
      Mrs Braham responded.

      Ministerial Reports noted, pursuant to Standing Orders.

4. ESTIMATES COMMITTEE AND GOVERNMENT OWNED CORPORATIONS COMMITTEE – TERMS OF REFERENCE 2007/2008 - MOTION AGREED TO:
      The Leader of Government Business (Mr Henderson), pursuant to notice, moved - That the Assembly appoint an Estimates Committee and a Government Owned Corporations Scrutiny Committee as follows -
ESTIMATES COMMITTEE 2007/2008
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 2007/08.

      2. That the Schedule to the Appropriation Bill 2007/08 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 29 June 2007.

      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 2007/08 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 3 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 26 June, 2007 commencing at 8:30am and adjourning at 11.00pm;

          (b) on Wednesday 27 June, 2007 commencing at 8.30am and adjourning at 11.00pm;

          (c) on Thursday 28 June, 2007 commencing at 8.30am and adjourning at 11.00pm;

          (d) on Friday 29 June, 2007 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 2007/08; 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 2007/2008
    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 2007/08.

    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 3 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 29 June 2007 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 2007/08.

        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 2007/08, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2007/08, 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 853)

        Debate ensued.
        The Leader of Government Business (Mr Henderson) moved - That the Question be now put - put and passed.
        Question - that the motion be agreed to - put and passed.

    5. LEGAL PROFESSION (CONSEQUENTIAL AMENDMENTS) BILL 2007 (Serial 89):
        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 Treasurer (Mr Stirling) the Bill was read a third time and passed to be a proposed law.

    6. JUSTICE LEGISLATION AMENDMENT BILL 2007 (Serial 88):
        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
    (Deputy Speaker and Chairman of Committees - Mr Knight)
        Clause 1 agreed to.
        New Clause 1A:
        On the motion of the Treasurer (Mr Stirling) the following new clause 1A was inserted in the Bill -

            1A. Commencement
                (1) Section 36 (except to the extent it amends the Criminal Code and Legal Profession Act 2006) commences on the day the Victims of Crime Assistance Act commences.

                (2) The remaining provisions of this Act commence on the day on which the Administrator's assent to this Act is declared.

        Remainder of the Bill by leave taken as a whole and agreed to.
        Bill to be reported with an amendment.
        _____________________

        The Assembly resumed, the Speaker took the Chair; the Deputy Speaker and Chairman of Committees (Mr Knight) reported the Bill with an amendment; and the report was 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.
        _________________

        Suspension of sittings: The sittings of the Assembly was suspended between 11.49am and 1.30pm.
        _________________

    7. GENERAL BUSINESS DAY - NOMINATION:
        The Leader of Government Business (Mr Henderson), on behalf of the Chief Minister, nominated Wednesday 2 May 2007 as the next day on which precedence would be given to General Business, pursuant to Standing Order 93.

    8. QUESTIONS:
        1.36pm Ms Carney to Ms Martin.
        1.39pm Ms Anderson to Ms Martin.
        1.43pm Ms Carney to Ms Martin.
        1.47pm Mr Hampton to Ms Lawrie.
        1.48pm Dr Lim to Ms Martin.
        1.50pm Ms Anderson to Mr Stirling.
        1.54pm Mr Wood to Ms Scrymgour.

        Distinguished visitors: The Speaker advised Members of the presence in the gallery of Ms Fran Kilgariff, Her Worship the Mayor of Alice Springs and the Hon. Warren Snowdon MP, Member for Lingiari of the Northern Territory.

        1.59pm Dr Lim to Dr Burns.
        2.02pm Mr Hampton to Mr Vatskalis.
        2.04pm Dr Lim to Mr McAdam.
        2.10pm Ms Anderson to Dr Burns.
        2.13pm Mrs Braham to Dr Burns.
        2.17pm Ms Sacilotto to Ms Scrymgour.
        2.20pm Dr Lim to Ms Martin.
        2.24pm Ms Anderson to Ms Lawrie.
        2.26pm Ms Carney to Ms Martin.
        2.32pm Mr Hampton to Mr Natt.
        The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.

    9. PERSONAL EXPLANATION:
        The Minister of Local Government (Mr McAdam) made a personal explanation, pursuant to Standing Order 57, relating to a question asked earlier this day by the Member for Greatorex (Dr Lim) regarding his reporting of an article in the Northern Territory News article of 19th April 2007 alluding to funding of town camps and 99 year lease of said land.
    10. ABORIGINAL LANDS ACT AMENDMENT BILL 2007 - LEAVE DENIED TO INTRODUCE BILL:
        The Member for Blain (Mr Mills) sought leave to introduce forthwith a Bill entitled the Aboriginal Lands Act Amendment Bill 2007.
        A dissentient voice being raised - leave denied.
    11. ABORIGINAL LANDS ACT AMENDMENT BILL 2007 - SUSPENSION OF STANDING ORDERS TO INTRODUCE BILL FORTHWITH - MOTION NEGATIVED:
        The Member for Blain (Mr Mills) moved - That so much of Standing Orders be suspended as would -
        (a) allow him to present the Aboriginal Lands Act Amendment Bill 2007; and

        (b) permit the Aboriginal Lands Act Amendment Bill 2007 passing through all stages at this sittings.

        Debate ensued.
        Paper tabled: The Minister for Justice and Attorney-General (Mr Stirling) laid on the Table the following Paper -
    Memorandum of Advice - Northern Territory Legislative Power and the Aboriginal Land (Recreational Fishing) Amendment Bill 2007 - Mr Tom Pauling QC to The Attorney-General dated 18 April 2007, ref SGO2006/0821 (Paper 857).
        Debate continued.
        Question - put and negatived.

    12. GOVERNMENT INITIATIVES AND ACHIEVEMENTS IN CENTRAL AUSTRALIA - MINISTERIAL STATEMENT - 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 Leader of Government Business (Mr Henderson) the Minister for Primary Industry and Fisheries (Mr Natt) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        Extension of time: On the motion of the Member for Millner (Mr Bonson) the Minister for Local Government (Mr McAdam) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        Extension of time: On the motion of the Member for Millner (Mr Bonson) the Member for Macdonnell (Ms Anderson) was granted an extension of time, pursuant to Standing Order 77.
        Debate continued.
        Question - put and passed.

    13. REMUNERATION TRIBUNAL REPORT ON THE ENTITLEMENTS OF MAGISTRATES AND DETERMINATION No. 2 OF 2007 - PAPER TABLED - PRINT - MOTION TO NOTE REPORT:
        The Chief Minister (Ms Martin) presented the Remuneration Tribunal Report on the Entitlements of Magistrates and Determination No. 2 of 2007 (Paper 854).
        Ms Martin moved - That the Report be printed.
        Question - put and passed.
        Ms Martin moved - That the Assembly take note of the Report and that leave be granted to continue her remarks at a later hour.
        Question - put and passed.
    14. NEXT MEETING:
        The Leader of Government Business (Mr Henderson) moved - That the Assembly at its rising adjourn until Tuesday 1 May 2007 at 10am in Parliament House, or such other time and/or date as may be advised by the Speaker, pursuant to Sessional Order.
        Question - put and passed.

    15. ADJOURNMENT:
        The Chief Minister (Ms Martin) moved - That the Assembly do now adjourn.
        Debate ensued.
        Paper tabled: The Minister for Health (Dr Burns) laid on the Table the following Papers -
    Text of CLP Press Release by Richard Lim re nurses working 21 hours in one day (Paper 855); and
    Question, Nurses workload, dated 22 February 2007 (Paper 856).
          Debate continued.
          Question - put and passed.
          And the Assembly adjourned at 5.13pm until Tuesday 1 May 2007 at 10am in Parliament House, or such other time and/or date as may be advised by the Speaker, pursuant to Sessional Order.
          _________________

          PAPERS:
          The following Papers were deemed to have been presented on Thursday 19 April 2007 -

          Regulations 2007:
          No. 9, Legal Profession (Paper 851)
          No. 10, Fisheries Amendment (Fishing Tour Operator Licence) (No.2) (Paper 852)
      _________________
          ATTENDANCE:
          All Members attended the sitting, except Ms McCarthy, on leave.
      Last updated: 04 Aug 2016