Minutes of Proceedings - 2002-05-23
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MINISTERIAL REPORTS:
Desert Knowledge Research Centre: The Chief Minister (Ms Martin) reported on the Desert Knowledge Research Centre funding provided by the Commonwealth and Territory governments and supporting partners in the project from around Australia.
Dr Lim responded thereto.
Ms Martin responded accordingly.
Alcohol Restrictions Trial, Alice Springs: The Minister for Justice and Attorney-General (Dr Toyne) reported on the early outcomes and effects of the alcohol restrictions imposed in Alice Springs.
Dr Lim responded thereto.
Dr Toyne responded accordingly.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
Northern Territory Business Round Table: The Minister for Business, Industry and Resource Development (Mr Henderson) reported on the establishment of the Northern Territory Business Round Table.
Paper tabled: Mr Henderson laid on the Table the following Papers –
Northern Territory Economic Development Summit 2001 – Summary of Action Areas identified by the Northern Territory Economic Development summit 4 to 6 November 2001 Co-Chairs Neville Walker and Mr Bob Collins (Paper 379).
Mr Maley responded thereto.
Mr Henderson responded accordingly.
4. PUBLIC ACCOUNTS COMMITTEE, BUDGET INQUIRY REPORT 2002 – MOTION TO NOTE REPORT:
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.
Debate suspended.
2pm Ms Carter to Mrs Aagaard.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
2.07pm Mr Elferink to Mrs Aagaard.
Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper –
Article, Hungry children still feed our shame in the poorest town by Paul Toohey, The Australian, 22 May 2002 (Paper 381); and
Broadsheet – Next doctors visit will be Monday 27and Tuesday 28 March 2002 (Paper 382).
2.11pm Ms Scrymgour to Ms Martin.
2.16pm Mr Wood to Mr Vatskalis.
2.18pm Mr Reed to Mr Vatskalis.
2.19pm Mr Bonson to Mr Vatskalis.
2.21pm Mr Reed to Madam Speaker, referred to Mrs Aagaard.
Paper tabled: The Member for Katherine (Mr Reed), by leave, laid on the Table the following Paper –
Food Act, extract of definitions (Paper 383).
2.25pm Mr Wood to Ms Martin.
2.33pm Mr Burns to Mrs Aagaard.
2.36pm Mr Maley to Mr Stirling.
2.40pm Mr McAdam to Mr Henderson.
2.44pm Mr Mills to Mr Stirling.
2.49pm Ms Lawrie to Ms Martin.
2.52pm Mr Baldwin to Ms Martin.
2.57pm Mr Bonson to Ms Martin.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Written Question Paper.
Answer to Question: The Minister for Health and Community Services (Mrs Aagaard) provided an answer to a question asked by Mr Reed earlier this day of the Speaker.
6. PUBLIC ACCOUNTS COMMITTEE, BUDGET INQUIRY REPORT 2002 – 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.
7. STATUTE LAW REVISION (FINANCIAL PROVISIONS) BILL 2002 (Serial 64):
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to revise the law in minor respects consequential upon the enactment of section 47 of the Financial Sector Reform (Northern Territory) Act and amendments to the Banking Act 1959 of the Commonwealth.
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 (Maley) debate was adjourned.
8. CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) BILL 2002 (Serial 56); BAIL AMENDMENT BILL 2002 (Serial 57); AND PAROLE OF PRISONERS AMENDMENT BILL 2002 (Serial 58) – MOTION TO SUSPEND STANDING ORDERS TO PASS BILLS THROUGH ALL STAGES, AGREED TO:
Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, moved – That so much of Standing Order be suspended as would prevent the Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Bill 2002 (Serial 56), Bail Amendment Bill 2002 (Serial 57), and Parole of Prisoners Amendment Bill 2002 (Serial 58), passing through all stages this sitting.
Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
9. MINING AMENDMENT BILL 2002 (Serial 63):
The Minister for Business, Industry and Resource Development (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Mining Act.
Bill read a first time.
Mr Henderson moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Brennan (Mr Burke) debate was adjourned.
10. OIL REFINERY AGREEMENT RATIFICATION ACT REPEAL BILL 2002 (Serial 62):
The Minister for Business, Industry and Resource Development (Mr Henderson), pursuant to notice, presented a Bill for an Act to repeal the Oil Refinery Agreement Ratification Act.
Bill read a first time.
Mr Henderson moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Brennan (Mr Burke) debate was adjourned.
11. WORK HEALTH AMENDMENT BILL 2002 (Serial 55) – MOTION TO SUSPEND STANDING ORDERS TO PASS BILL THROUGH ALL STAGES, AGREED TO:
Suspension of Standing Orders: The Minister for Employment, Education and Training (Mr Stirling) moved -
That so much of Standing Orders be suspended as would prevent the Work Health Amendment Bill 2002 (Serial 55), passing through all stages at this sitting.
Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
12. ESTIMATES COMMITTEE – APPOINTMENT:
The Minister for Employment, Education and Training (Mr Stirling) moved - That this Assembly appoint 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 2002/2003 in the terms distributed to Members as follows –
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 2002/2003.
2 That the Schedule to the Appropriation Bill 2002/03 and related budget documents should 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 20 September 2002.
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
(Schedule 1).
B. MEMBERSHIP
5 The membership of the Estimates Committee shall consist of the membership of the Public Accounts Committee.
6 The Chairman of the Public Accounts Committee shall be the Chairman of the Estimates Committee.
7 The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.
8 Members of the Assembly may participate in the meetings of the Committee and have the right to receive documentation provided to the Committee, to attend the Committee's Hearings and participate in its deliberations to the following extent:
(a) Shadow Ministers may participate in hearings relating to their shadow portfolio responsibilities; and
(b) Other Members may participate in hearings to the extent of asking questions relating to their electorate responsibilities.
These provisions should be interpreted, so as not to exclude Committee Members and Shadow Ministers from asking questions relating to their electorate responsibilities.
9 In allocating the call, the Chairman should ensure a balanced distribution of questions, but accord preference to first, Committee Members followed by Shadow Ministers and other Members.
10 Other Members may not vote on any matters before the Committee.
11 If a vacancy occurs in the membership of the committee during its hearings, the Speaker may nominate a Member in substitution, but in so doing must have regard to the composition of the Committee as appointed by the Assembly.
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 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, when the Committee is sitting on any day:
(a) it commences at 9.00am and suspends at 12.30pm unless otherwise ordered;
(b) it commences at 2pm and is suspended or adjourned at 6.30pm, unless otherwise ordered; and
(c) if required, it commences at 7.30pm and adjourns at a time to be fixed by the Committee, unless otherwise ordered.
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 Except where otherwise provided in this Order, or the Committee otherwise determines, in the Estimates Committee hearings consideration of proposed expenditure should follow as far as possible, procedures observed by the Committee-of-the-Whole Assembly.
21 The Committee will consider proposed expenditure on an output by output basis.
22 Unless the Committee otherwise determines, the Minister (or Speaker) may make an opening statement lasting up to five minutes which may be extended with the leave of the Committee.
23 Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.
24 The Minister who has asked for explanations may be assisted, where necessary, by agency officers in the provision of relevant information.
25 Agency officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.
26 Questions and explanations should be brief and avoid irrelevance and tedious repetition.
E. WRITTEN QUESTIONS
27 Prior to hearings, the Committee or any Member may, during the period up until 7 clear working days prior to the commencement of public hearings, submit written questions through the Committee Secretariat to each Minister (or Speaker).
28 Written questions submitted prior to hearings, should not place unreasonably onerous research requirements on an organisational unit and should not be unnecessarily complex.
29 The Minister (or Speaker) may refuse to answer questions, which place unreasonable research requirements on portfolios or are unnecessarily complex.
30 All answers to questions shall be provided at the relevant hearings.
F. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION
31 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.
32 A Minister (or Speaker) may also give the Committee additional information about an answer given by them or on their behalf.
33 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.
G. HANSARD REPORT AND OTHER TABLED DOCUMENTS
34 The Clerk of the Legislative Assembly is authorised to release 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.
35 Any document tabled at the hearing, by leave of the Committee, is deemed to be authorised for release by the Committee unless the Committee otherwise orders.
H. BROADCASTING AND TELEVISING OF PROCEEDINGS
36 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.
I. DISORDER
37 At an Estimates Committee hearing the Chairman may, after a warning, order any member whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw for a period of 1 hour.
38 A member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
39 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.
40 As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Estimates Committee be replaced.
41 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 estimates of expenditure or output then under consideration.
J. REPORT OF ESTIMATES COMMITTEE
42 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.
43 When the report of the Estimates Committee is presented, it may be taken into consideration at once or at a time and date to be fixed.
44 The following time limits shall apply to consideration of the report of the Estimates Committee on the question:
"that the proposed expenditure be agreed to and that the resolution or expressions of opinion as agreed to by the committee in relation to the proposed expenditure or outputs be noted.".
Ministers, Leader of the Opposition and Shadow Ministers20 minutes;
Any other Member10 minutes,
Maximum period for consideration shall be 5 hours.
45 When the consideration of the report of the Estimates Committee has been completed the following question is proposed and put forthwith:
"that the remainder of the Bill be agreed to".
46 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 at once or made an Order of the day for the next sitting day.
Debate ensued.
Mr Stirling, by leave, made a statement in response to a question asked by the Leader of the Opposition (Mr Burke)
Ordered – That the Deputy Leader of the Opposition (Mr Reed) have leave to continue his remarks at a later hour.
Debate adjourned.
12. PUBLIC ACCOUNTS COMMITTEE - ESTIMATES COMMITTEE PROCESS CONSIDERATION OF 2002/2003 BUDGET, REFERENCE – MOTION AGREED TO:
The Leader of Government Business (Mr Stirling) moved - That, for the purposes of the preparation for the conduct of the Estimates Committee process for the 2002/03 Budget the Public Accounts Committee consult with other State or Commonwealth parliamentary committees and report back to the Legislative Assembly before the end of the June 2002 sittings.
Debate ensued.
Question – put and passed.
13. CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) BILL 2002 (Serial 56); BAIL AMENDMENT BILL 2002 (Serial 57); and PAROLE OF PRISONERS AMENDMENT BILL 2002 (Serial 58):
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.
Question put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
(Chairman – Mr Wood)
Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Bill 2002 (Serial 56):
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:
Omit from proposed section 43I(3) -
the whole subsection.
Substitute –
“(3) If the court makes a declaration under subsection (2)(a), the court may also make the interim orders it considers just, including one or more
(a) an order for the bail of the accused person;
(b) an order that the accused person be remanded in custody (whether in a prison or other appropriate place);
(c) an order for the examination of the accused person by a psychiatrist or other appropriate expert;
(d) if the court makes an order referred to in paragraph (c) – an order that a report of the results of the examination be produced before the court.”.
On the motion of Dr Toyne the following further amendment was agreed to:
Omit from proposed section 43T(2) –
the whole subsection.
Substitute –
“(2) If the court records a finding under subsection (1), section 43R applies in relation to the accused person the subject of the finding as if a reference to an accused person in section 43R were a reference to an accused person referred to in subsection (1).”
On the motion of Dr Toyne the following further amendment was agreed to:
Omit from proposed section 43U – “43R, 43S or 43T”.
Substitute – “43R (including as applied by section 43T) or 43S”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate:
Insert in proposed Division 7, before section 43ZM -
“43ZLA. Definition
In this Division –
'order' means –
(a) a declaration that an accused person is liable to supervision;
(b) an order releasing an accused person unconditionally;
(c) an interim order for the bail of an accused person;
(d) an interim order providing for the custody of an accused person;
(e) an order making, varying or revoking a supervision order; or
(f) an order releasing a supervised person.”.
On the motion of Dr Toyne the following further amendment was agreed to:
Omit from proposed section 43ZM –
“In determining whether to make, vary or revoke a supervision order or release a supervised person under this Part,”
Substitute –
“In determining whether to make an order under this Part,”
On the motion of Dr Toyne the following further amendment was agreed to, after debate:
Omit from proposed section 43ZN(1) –
“In determining whether to make, vary or revoke a supervision order or release a supervised person under this Part,”.
Substitute –
“In determining whether to make an order under this Part,”.
Clause 4, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Bail Amendment Bill 2002 (Serial 57):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Parole of Prisoners Amendment Bill 2002 (Serial 58):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Bill 2002 (Serial 56), with amendments;
Bail Amendment Bill 2002 (Serial 57); and
Parole of Prisoners Amendment Bill 2002 (Serial 58).
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.
14. WORK HEALTH AMENDMENT BILL 2002 (Serial 55):
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.
Paper tabled: The Minister for Business, Industry and Resource Development (Mr Henderson) laid on the Table the following Paper –
Survey, Stop HIH Jobs Tax (Paper 386).
Debate continued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration.
In Committee
(Chairman- Mr Wood)
Clause 1 agreed to.
Clause 2 read.
Debate ensued.
Clause 2, as printed, agreed to.
Clause 3 read.
Debate ensued.
Clause 3, as printed, agreed to.
New Clause –
The Member for Blain (Mr Mills) moved the following amendment –
Insert after Clause 3 –
“3. Repeal
Section 164B of the Work Health Act is repealed.”
Debate ensued.
Question - put.
The Committee divided (the Chairman, Mr G. Wood, in the Chair) -
AYES, 11 NOES, 13
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carney Mr Bonson
Ms Carter Dr Burns
Mr Dunham Mr Henderson
Mr Elferink Mr Kiely
Dr Lim Ms Lawrie
Mr Maley Ms Martin
Mr Mills Mr McAdam
Mr Reed Ms Scrymgour
Mr Wood Mr Stirling
Dr Toyne
Mr Vatskalis
Motion negatived accordingly.
Remainder of Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
The Minister for Employment, Education and Training (Mr Stirling) moved – That the Bill be now read a third time.
Question - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 13 NOES, 11
Mrs Aagaard Mr Baldwin
Mr Ah Kit Mrs Braham
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.
15. NOTICE:
The Member for Blain (Mr Mills) asked for leave to give notice of his intention to move a motion –
Members, by leave, made statements relating thereto.
Leave granted.
Mr Mills: To move, on the next General Business Day – That this Assembly, acknowledging the hurt being felt in the community particularly by employers in relation to escalating workers compensation costs, and in full awareness that further imposts on business will see jobs lost, urges the Labor government to -
1. Make provision in the Appropriation Bill 2002/2003 sufficient funds to meet the forecast cost for 2002/2003 of the workers compensation liabilities arising from the collapse of HIH; and
2. Put in place a system whereby the funding of this liability in future years can be met without recourse to further imposts on employers.
16. BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION ANNUAL REPORT 2000, FINANCIAL STATEMENT – PAPER TABLED:
The Minister for Employment, Education and Training (Mr Stirling) laid on the Table an amended Financial Statement to the Batchelor Institute of Indigenous Tertiary Education Annual Report 2000, inclusive of Notes 1, 2 and 28 (Paper 380).
Mr Stirling made a statement relating thereto.
17. WORK HEALTH – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Minister for Employment, Education and Training (Mr Stirling) made a statement relating to directions and policies of government in occupational health and safety in Territory workplaces, workers compensation and operations of the Office of Work Health (Paper 387).
Mr Stirling moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
18. ADJOURNMENT OF ASSEMBLY:
The Leader of Government Business (Mr Stirling) moved – That the Assembly at its rising adjourn until Tuesday 18 June 2002 at 10am or such other time and/or date as may be set by Madam Speaker, pursuant to Sessional Order.
Question – put and passed.
19. ADJOURNMENT:
The Leader of Government Business (Mr Stirling) moved – That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Papers –
Letter, Dr Mathew Wright, District Medical Officer, Docker River to Hon Dr Peter Toyne, dated 4 April 2002 re Docker River, malnourished children (Paper 338);
Letter, Dr Mathew Wright, District Medical Officer, Docker River to Hon John Ah Kit, Minister Assisting the Chief Minister on Indigenous Affairs, dated 2 May 2002 re Docker River Store food prices (Paper 390); and
Letter, Dr Mathew Wright, District Medical Officer, Docker River to Hon John Ah Kit MLA, Minister Assisting the Chief Minister on Indigenous Affairs, dated 4 April 2002 re Docker River Store food prices and malnourished children
(Paper 389).
Debate continued.
Debate continued.
Question – put and passed.
And the Assembly adjourned at 00.10am until Tuesday 18 June 2002 at 10am or such other time and/or date as may be set by Madam Speaker, pursuant to Sessional Order.
All Members attended the sittings.
Ian McNeill
Clerk of the Legislative Assembly