Minutes of Proceedings - 2003-04-30
- 1. MEETING:
- The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. STATEMENT BY SPEAKER:
- The Speaker advised Members that (1391) people visited the Chamber on 29 April 2003 to witness the proceedings at the Alice Springs sittings.
- The Speaker advised Members of the presence in the public galleries of students from Living Waters Lutheran School and Ross Park Primary School.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- Tanami Road Sealing: The Chief Minister (Ms Martin) reported on additional funding of $2m for sealing of the Tanami Road.
Mr Elferink responded thereto.
Ms Martin responded accordingly.
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Visitors: The Speaker advised Members of the presence in the public galleries of students from Yirara College and Stirling School and extended a warm welcome to the students. ––––––––––––––––
Crime Prevention Grant Scheme 2002/2003: The Minister for Justice and Attorney-General (Dr Toyne) reported on the operation and funding of programs under the Crime Prevention Grant Scheme 2002/2003.
Mr Elferink responded thereto.
Papers tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Papers –
Graph, Unlawful Entry With Intent Other, September 2002 and December 2002 (Paper 863);
Graph, Stolen Motor Vehicles Alice Springs 19% Increase, Prior 12 Months and Last 12 Months (Paper 864);
Graph, Recorded Assaults in Alice Springs, September Quarter 2002 and December Quarter 2002 (Paper 865);
Graph, Sexual Assault Alice Springs Last two recorded Quarters, September 2002 and December 2002
(Paper 866); and
Graph, Recorded Offences Against the Person in Alice Springs, September 2002 Quarter and December 2002 Quarter (Paper 867).
Dr Toyne responded accordingly.
Planning Act Reforms: The Minister for Lands and Planning (Mr Vatskalis) reported on proposed reforms under consideration of the processes required under the Planning Act.
Mr Baldwin responded thereto.
Mr Wood responded thereto.
Mr Vatskalis responded accordingly.
Information Communications Technology Trade Delegation to Hanover: The Minister for Corporate and Information Services (Dr Toyne) reported on a Northern Territory business delegation visit to CeBIT 2003 in Hanover and resultant marketing assistance for local companies to export their services.
Dr Lim responded thereto.
Dr Toyne responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
- Statement by Speaker: The Speaker extended her thanks to the officers of Hansard and Table Offices for providing documentation in a timely manner despite the Hansard operations being carried out in Darwin.
6. LEGAL PRACTITIONERS AMENDMENT (INCORPORATED LEGAL PRACTICES AND MULTI-DISCIPLINARY PARTNERSHIPS) BILL 2003 (Serial 142):
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners Act and repeal the Legal Practitioners (Incorporation) Act, and for related purposes.
Bill read a first time.
Dr Toyne moved – That the Bill be now read a second time.
Debate ensued.
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Visitors: The Speaker advised Members of the presence in the public galleries of students from OLSH College and Yirara College and extended a warm welcome to the students. ––––––––––––––––
Debate continued.On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Evidence Act.
Bill read a first time.
Dr Toyne moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to revise and correct the law of the Territory in minor respects.
Bill read a first time.
Dr Toyne moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Port Darwin (Ms Carter) debate was adjourned.
- The Minister for Lands and Planning (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to amend the Building Act.
Bill read a first time.
Mr Vatskalis moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Daly (Mr Baldwin) debate was adjourned.
- 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 ensued.
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Visitors: The Speaker advised Members of the presence in the public galleries of students from Elliott CEC school and extended a warm welcome to the students. ––––––––––––––––
Debate continued.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 - Mr Wood)
In Committee
(Chairman - Mr Wood)
Clauses 1 to 6, by leave, taken together and agreed to.
Clause 7 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to, after debate –
Omit from proposed section 118A, definition of 'legal practitioner', paragraph (a) –
“, other than a Counsel”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate –
In proposed section 118A, definition of 'legal practitioner', after paragraph (a), insert –
“(aa) a local legal practitioner who holds a restricted practising certificate;”
- On the motion of Dr Toyne the following further amendment was agreed to, after debate –
In proposed section 118B(5), after paragraph (e), insert –
- “(f) the legal practitioner is a Counsel exempted (including by an exemption subject to conditions, limitations or qualifications) from compliance with this section by the Regulations.”.
Clauses 8 and 9, by leave, taken together and agreed to.
Clause 10 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Insert at the end of proposed section 129C -
“(2) Subsection (1) does not apply to a conditional costs agreement that provides for the amount of costs payable under the agreement to be determined or ascertained in accordance with a scale of costs specified in the agreement.”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Omit from proposed section 129H(2), “subsection (1)” and insert in its stead “subsection (1)(a)”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Insert in proposed section 129H, after subsection (2), the following –
- “(2A) An application under subsection (1)(b) must be in accordance with the rules of court.”.
Clause 10, as amended, agreed to.
Clause 11 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Insert at the end of proposed section 130AA the following –
- “(2) This Part does not apply in relation to statements about making a claim for compensation or damages under an Act or other law for a personal injury, or using the services of a legal practitioner in connection with making such a claim, that are made by –
- (a) a person holding an office (including a person holding an office for a place outside the Territory) in the course of carrying out the duties or functions of the office; or
(b) a prescribed person.”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Insert in proposed section 130AB, after definition of ‘incident’ the following –
- “'legal practitioner' means –
- (a) a local legal practitioner who holds an unrestricted practising certificate;
(b) a local legal practitioner who holds a restricted practising certificate;
(c) an interstate legal practitioner, who has established a practice in the Territory and who holds a current interstate practising certificate that corresponds to an unrestricted practising certificate, other than an interstate legal practitioner who is entitled to practise only as a barrister and independently of another legal practitioner;
(d) a locally registered foreign lawyer; or
(e) an organisation referred to in section 22(5);”.
Clause 11, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Wood) reported accordingly and the report was adopted.On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bill was read a third time and passed to be a proposed law.
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Suspension of sittings: The sittings of the Assembly was suspended between 12.02pm and 2pm.––––––––––––––––
11. PERSONAL INJURIES (CIVIL CLAIMS) BILL 2003 (Serial 137):
- 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.
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Visitors: The Speaker advised members of the presence in the public galleries of students from ANZAC Hill High School and Alice Springs High School and extended a warm welcome to the visitors. ––––––––––––––––
Debate continued.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 - Mr Wood)
In Committee
(Chairman - Mr Wood)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to, after debate -
In subclause (1), definition of “court”, omit “or tribunal (all references)”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
In subclause (1), definition of “final offer”, omit the whole definition and insert in its stead “ ‘final offer’ means a final offer made under section 11;”
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
In subclause (1), definition of “Rules”, omit the whole definition and insert in its stead “ ‘Rules’ means rules made under Part 2, Division 3;”
Clause 4, as amended, agreed to.
Clause 5 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
In subclause (4)(d), omit “benefits in respect of a death or an injury as a result of an accident within the meaning of” and insert in its stead “benefits, or a claim or an action for damages, under”.
Clause 5, as amended, agreed to.
Clauses 6 and 7, by leave, taken together and agreed to, after debate.
Clause 8 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
In subclause (4)(a), omit “Act” and insert in its stead “Act before the expiry of the period within which he or she is required to give notice under subsection (1)”.
Clause 8, as amended, agreed to.
Clause 9 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit from subclause (1) “respond to the claim” and insert in its stead “give the claimant a notice of response”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Insert after subclause (1) “(1A) A notice of response is to be accompanied by the documents (if any) specified by the Rules.”.
Clause 9, as amended, agreed to.
Clause 10 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit from subclause (1) “assess liability and” and insert in its stead “identify any other potential party, assess liability and assess”.
Clause 10, as amended, agreed to.
Clause 11 read and negatived, after debate.
New Clause 11 –
On the motion of Dr Toyne the following new Clause 11 was inserted in the Bill, after debate -
11. Resolution conference and final offers
- (1) The parties to an unresolved claim must hold a resolution conference before a proceeding is commenced unless the court dispenses with the requirement.
(2) The resolution conference –
- (a) is to be held after the procedures specified by the Rules have been completed; and
(b) is to be attended by the parties or other persons in accordance with the Rules.
(4) If the court dispenses with the requirement for a resolution conference, the parties must exchange written final offers within the time specified by the court.
(5) A final offer is to remain open for 14 days and if the parties fail to resolve the claim within that period each party must lodge at the court a copy of that party's final offer enclosed in a sealed envelope.
Clause 12 agreed as printed
Clause 13 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit from subclause (1)(c) “court” and insert in its stead “Supreme Court”.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit from subclause (1)(d) “proceeding” and insert in its stead “proceeding in the Supreme Court”.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Insert after subclause (1) the following –
- “(1A) The Chief Magistrate may make rules for regulating and prescribing the following matters:
- (a) the practice and procedures to be followed in the Local Court in relation to a claim before a proceeding is commenced;
(b) the procedure for commencing a proceeding in the Local Court if a claim is not resolved under this Part;
(c) all matters incidental to or necessary or convenient to be prescribed in relation to the practice and procedures referred to in paragraphs (a) and (b).”.
Omit subclause (3) and insert the following –
“(3) The following rules apply in relation to a claim regardless of the court that has jurisdiction to determine the claim if a proceeding is commenced:
- (a) a rule made under subsection (1)(a) or (b);
(b) a rule prescribing matters incidental to or necessary or convenient to be prescribed in relation to a rule referred to in paragraph (a).
- (a) a rule made under subsection (1)(c) or (d);
(b) a rule prescribing matters incidental to or necessary or convenient to be prescribed in relation to a rule referred to in paragraph (a).
Subclause (4), definition of “court rule”, omit – the whole definition.
Clause 13, as amended, agreed to.
Clause 14 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit from paragraph (d) “the response to a notice of claim” and insert in its stead “a notice of response”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Insert after paragraph (q) the following -
“(ha) the referral of the parties to information sessions or mediation;”.
Omit from paragraph (q) “the parties to attend”.
Insert after paragraph (q) the following –
- “(qa) matters relevant to an order, application or award referred to in section 16 or 17;
(qb) costs payable under section 16 or 17, including by reference to a specified scale of costs or lump sum payment;”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Omit from paragraph (t) “provision of copies of final offers to the court under section 11(3)” and insert in their stead “lodgement of copies of final offers at the court”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Insert at the end the following –
- “(2) The Rules may require a party to lodge at the court, free of charge, a copy of a notice of claim, a notice of response or any other document the party provides under this Act to another person or party.”.
Clause 14, as amended, agreed to.
Clause 15 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
First subclause (3), omit the whole subclause.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Second subclause (2), omit the whole subclause.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Second subclause (3), omit the whole subclause and insert in its stead –
- “(3) Unless the court orders otherwise, a party who is required by the Rules to give another party a copy of a hospital report or medical report may exclude from that copy an expression of opinion in the original report on the question of liability.
(4) Other information, reports and documents given or disclosed in accordance with the Rules are protected by the same privileges as if given or disclosed in a proceeding in the Supreme Court.”.
Clause 15, as amended, agreed to.
New Clauses –
On the motion of Dr Toyne the following new Clauses 16, 17 and 18 were agreed to and inserted in the Bill, after debate -
- “16. Court's power to enforce compliance etc.
(1) If a party to a claim fails to comply with an obligation imposed on the party by or under this Part, the court may order the defaulting party to take specified action to remedy the default within the period specified by the court.
(2) The court may make consequential or ancillary orders, including orders for costs.
(3) The court may, in accordance with the Rules, order that a claim is dismissed or struck out or that a response to a claim is struck out –
- (a) if the defaulting party fails to comply with an order under subsection (1) or (2); or
(b) in other circumstances specified by the Rules.
17. Costs consequences of non-compliance
(1) If a claimant does not comply with a requirement imposed on the claimant by or under this Part, the court –
- (a) may, on application by the respondent, award in the respondent's favour costs (including legal and investigation costs) reasonably incurred by the respondent because of the claimant's default; and
(b) may only award interest in the claimant's favour for a period in which the claimant was in default if the court is satisfied there is a reasonable excuse for the default.
18. Costs in relation to resolved claim
(1) Where a claim is resolved at the resolution conference or during the period the final offers remain open –
- (a) if the damages to be paid are less than the prescribed minimum amount referred to in section 20 – no costs are payable; or
(b) if the damages to be paid are equal to or more than the prescribed minimum amount referred to in section 20 – costs are payable in accordance with the Regulations.
- (a) the payment of a fixed sum of costs in respect of specified matters;
(b) the payment of costs by reference to the prescribed minimum amount and the prescribed maximum amount referred to in section 20; or
(c) the payment of costs by a combination of the methods referred to in paragraphs (a) and (b).
Clause 19 read and agreed to as printed.
Clause 20 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit from subclause (3)(b)(ii) “25%” and insert in its stead “50%”.
Clause 20, as amended, agreed to.
Clause 21 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit “respondent or contributor (all references)” and insert in its stead “party”.
Clause 21, as amended, agreed to.
Clause 22 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit the whole of subclause (2).
Clause 22, as amended, agreed to.
Title read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Omit “costs awarded in those” and insert “legal costs payable in relation to those claims and”.
Title, as amended, agreed to.
Bill to be reported with amendments.
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The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Wood) reported accordingly and the report was adopted.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) 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 ensued.
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 Community Development (Mr Ah Kit) the Bill was read a third time and passed to be a proposed law.
- The Leader of Government Business (Mr Henderson) moved – That, pursuant to Standing Order 89, moved that the sitting of the Assembly be suspended from 6pm until 7.30pm on Wednesday 30 April 2003.
Debate ensued.
The Deputy Leader of the Opposition (Mr Reed) moved – That the question be now put – put and passed.
Question – That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 13 NOES, 11
Mrs Aagaard Mr Baldwin
Mr Ah Kit Mr Burke
Mr Bonson Ms Carney
Dr Burns Ms Carter
Mr Henderson Mr Dunham
Mr Kiely Mr Elferink
Ms Lawrie Dr Lim
Ms Martin Mr Maley
Mr McAdam Mr Mills
Ms Scrymgour Mr Reed
Mr Stirling Mr Wood
Dr Toyne
Mr Vatskalis
And so it was resolved in the affirmative.
- 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 in accordance with a resolution made earlier this day.
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Suspension of sitting: The sitting of the Assembly was suspended between 6pm and 7.30pm, pursuant to resolution made earlier this day.––––––––––––––––
- The following notices were given -
Ms Martin: To the present Desert Knowledge Australia Bill 2003 (Serial 140).
Mr Henderson: To present the Energy Pipelines Amendment Bill 2003 (Serial 143).
Mr Ah Kit: To present the Major Cricket Events Bill 2003 (Serial 144).
- 7.31pm Dr Lim to Dr Toyne.
7.34pm Ms Scrymgour to Mr Ah Kit.
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Distinguished visitor: The Speaker advised members of the presence in the Speaker’s Gallery of Mr Anthony Albanese, federal member for Grandler and Shadow Minister for Employment Services and Training. On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.
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7.37pm Mr Reed to Mrs Aagaard.
Paper tabled: The Member for Katherine (Mr Reed), by leave, laid on the Table the following Paper –
7.39pm Mr McAdam to Mr Stirling.
7.44pm Ms Carter to Mrs Aagaard.
7.46pm Mr Kiely to Mr Vatskalis.
7.48pm Mr Wood to Mr Ah Kit.
7.54pm Ms Carter to Mrs Aagaard.
7.58pm Mr McAdam to Mr Henderson.
8.04pm Ms Carter to Mrs Aagaard.
8.09pm Ms Lawrie to Dr Burns.
8.15pm Mr Wood to Ms Martin.
The Member for Port Darwin (Ms Carter), sought leave to move a motion censuring the Minister for Health and Community Services.
Leave granted.
The Leader of Government Business (Mr Henderson) thereupon informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
- 17. CENSURE OF MINISTER FOR HEALTH AND COMMUNITY SERVICES – MOTION NEGATIVED:
- The Member for Port Darwin (Ms Carter) thereupon moved – That,
1. This Assembly censure the Minister for Health and Community Services for –
- (a) her gross mismanagement of her one and only budget which has resulted in a range of cost cutting measures which have seriously affected health services in the Northern Territory;
(b) her curtailing of elective surgery at Alice Springs and Royal Darwin Hospitals;
(c) her refusal to open enough beds in her hospitals to allow patients to be admitted to wards from the Accident and Emergency Units in a humane and timely manner; and
2. I call on the Chief Minister to replace this current Minister for Health and Community Services quickly, before things get worse.
Debate ensued.
The Leader of Government Business (Mr Henderson) moved – That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 13 NOES, 10
Mrs Aagaard Mr Baldwin
Mr Ah Kit Mr Burke
Mr Bonson Ms Carney
Dr Burns Ms Carter
Mr Henderson Mr Dunham
Mr Kiely Mr Elferink
Ms Lawrie Dr Lim
Ms Martin Mr Maley
Mr McAdam Mr Mills
Ms Scrymgour Mr Reed
Mr Stirling
Dr Toyne
Mr Vatskalis
And so it was resolved in the affirmative.
Question – That the motion be agreed to – put and negatived.
- The Minister for Lands and Planning (Mr Vatskalis) laid on the Table a Direction to the Northern Territory Development Consent Authority for NT Portion 3951, Petrick Road, Alice Springs, dated 10 March 2003 (Paper 868).
Mr Vatskalis moved – That the Assembly take note of the Paper.
Debate ensued.
Question – put and passed.
19. ADJOURNMENT:
- The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Nelson (Mr Wood), by leave, laid on the Table the following Paper -
Australian Geographic (Paper 871).
Debate continued.
- And the Assembly having sat until 12 midnight -
- Debate continued.
Question – put and passed.
And the Assembly adjourned at 00.54am on Thursday 1 May 2003 until this day at 10am.
- PAPERS:
There were no Papers deemed to have been presented on Wednesday 30 April 2003.
ATTENDANCE
All Members attended the sittings.
Last updated: 04 Aug 2016