Minutes of Proceedings - 2002-02-28
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. PETITION:
The Member for Goyder (Mr Maley) presented a petition No. 13 from 307 petitioners requesting that power poles on Leonino Road and Reedbeds Road be relocated to their correct alignment (Paper 227).
Petition read.
4. AUDITOR-GENERAL’S FEBRUARY 2002 REPORT TO THE LEGISLATIVE ASSEMBLY – PAPER TABLED – PAPER PRINTED – MOTION TO NOTE REPORT:
The Speaker laid on the Table the February 2002 Report of the Auditor-General to the Legislative Assembly (Paper 228).
The Leader of Government Business (Mr Stirling), on behalf of the Chief Minister (Ms Martin), moved – That the Report be printed.
Question – put and passed.
Mr Stirling moved – That the Assembly take note of the Report and that he have leave to continue his remarks at a later hour.
Question – put and passed.
Debate adjourned.
5. PERSONAL EXPLANATION:
The Member for Goyder (Mr Maley), pursuant to Standing Order 57, made an explanation of comments he made during debate censuring him yesterday in reference to his comments reported in an interview on ABC Radio on 27 February 2002.
Paper tabled: The Member for Goyder (Mr Maley), by leave, laid on the Table the following Paper –
Transcript of interview, between Mr Maley and ABC Radio reporter Fred McCue re issue of transfer of prisoners within Territory Gaols (Paper 229).
6. LEAVE OF ABSENCE:
The Member for Port Darwin (Ms Carter) moved – That leave of absence be granted to the Member for Blain (Mr Mills) to attend to urgent family business.
Question – put and passed.
7. MINISTERIAL REPORTS:
Parliamentary Sittings in Alice Springs: The Deputy Chief Minister (Mr Stirling), on behalf of the Chief Minister (Ms Martin), advised Members of the Government’s intention to conduct a sittings of the Northern Territory Legislative Assembly in Alice Springs on 28 and 29 April 2003.
Mr Burke responded thereto.
Mr Wood, by leave, responded thereto.
Mr Stirling responded accordingly.
Violence against Health Workers: The Minister for Health and Community Services (Mrs Aagaard) made a statement relating to the prevalence of violence against health staff in communities and other health service workplaces.
Mr Dunham responded thereto.
Mrs Aagaard responded accordingly.
Local Government Partnership Agreements: The Minister for Local Government (Mr Ah Kit) made a statement relating to the recent Partnership Agreements with Palmerston City Council and other regional councils.
Dr Lim responded thereto.
Mr Wood, by leave, responded thereto.
Mr Ah Kit responded accordingly.
Harmony Day: The Minister for Ethnic Affairs (Mr Vatskalis) made a statement outlining activities being undertaken to celebrate Harmony Day in the Territory.
Dr Lim responded thereto.
Mr Vatskalis responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
8. ORDER OF BUSINESS:
The Leader of Government Business (Mr Stirling) moved - That Government Business, Orders of the Day No. 4 - relating to the Juvenile Justice Amendment Bill (No. 3) be called on after consideration of Government Business, Orders of the Day No. 1 relating to the Administration and Probate Bill 2001 (Serial 26) and Public Trustee Amendment Bill 2002 (Serial 27).
Question – put and passed.
9. CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2002 (Serial 34):
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Classification of Publications, Films and Computer Games 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 Leader of the Opposition (Mr Burke) debate was adjourned.
10. WITNESS PROTECTION (NORTHERN TERRITORY) BILL 2002 (Serial 37) and POLICE ADMINISTRATION AMENDMENT BILL 2002 (Serial 38):
Suspension of Standing Orders: The Minister for Police, Fire and Emergency Services (Mr Stirling) moved – That so much of Standing Orders be suspended as would prevent Bills entitled, Witness Protection (Northern Territory) Bill 2002 (Serial 37) and Police Administration Amendment Bill 2002 (Serial 38) –
(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and
(b) the consideration of the Bills in the Committee of the Whole.
Question – put and passed – there being an absolute majority of the whole number of Members and no dissentient voice.
The Minister for Police, Fire and Emergency Services (Mr Stirling), pursuant to notice, presented a Bill for an Act to establish a program to arrange and provide protection and assistance to persons who are or have been witnesses in criminal proceedings, and to other persons, and for related purposes; and a Bill for an Act to amend the Police Administration Act consequential on the enactment of the Witness Protection (Northern Territory) Act.
Bill read a first time.
Mr Stirling 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.
11. WORKMEN’S LIENS AMENDMENT BILL 2002 (Serial 33):
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Workmen’s Liens 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.
12. ADMINISTRATION AND PROBATE AMENDMENT BILL 2001 (Serial 26) and PUBLIC TRUSTEE AMENDMENT BILL 2001 (Serial 27):
The Order of the Day having been read for 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.
In Committee
(Chairman – Mr Wood)
Administration and Probate Amendment Bill 2001 (Serial 26):
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 agreed to.
Clause 5 agreed to.
Clause 6 agreed to.
Clause 7 agreed to.
Clause 8 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following words were inserted after proposed section 110C -
110D. Fee chargeable for acting under this Division
(1) A professional personal representative who administers an estate under this Division may charge a fee in respect of that administration.
(2) The Regulations may prescribe the maximum fee that a professional personal representative may charge under this section.
(3) If no maximum fee is prescribed for the purposes of this section, a professional personal representative may charge a fee not exceeding the amount that the Public Trustee was entitled to charge according to the scale of commission and fees prescribed under section 74(5) of the Public Trustee Act as in force immediately before the commencement of this section.
Clause 8, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
Public Trustee Amendment Bill 2001 (Serial 27):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Administration and Probate Amendment Bill 2001 (Serial 26), with an amendment; and
Public Trustee Amendment Bill 2001 (Serial 27), without and amendment.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
13. JUVENILE JUSTICE AMENDMENT BILL (No. 3) 2001 (Serial 31):
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 Justice and Attorney-General (Dr Toyne) the Bill was read a third time and passed to be a proposed law.
14. INDIGENOUS EDUCATION – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
The Minister for Employment, Education and Training (Mr Stirling) made a statement of the Government’s commitment to indigenous education and employment initiatives. (Paper 230)
Mr Stirling moved – That the Assembly take note of the Statement.
Debate ensued.
Debate suspended. Suspension of sitting: The sitting of the Assembly was suspended between 12.01pm and 2pm.15. NOTICES:
The following notices were given –
Dr Toyne: To present the Corporations (Financial Sector Reform Amendments) Bill 2002 (Serial 46).
Dr Toyne: To present the Penalties Amendment Bill 2002 (Serial 42).
Dr Toyne: To present the Interpretation Amendment Bill 2002 (Serial 43).
16. VISITORS:
The Speaker advised Members of the presence in the public gallery of Year 9 students from Marrara Christian School accompanied by their teachers Mr Wilf Lahring, Ms Christina McCormak and Mr Petero Vereakula.
On behalf of all Members the Speaker extended a warm welcome.
17. QUESTIONS:
14.00pm Mr Burke to Mr Ah Kit.
Paper tabled: The Leader of the Opposition (Mr Burke), by leave, laid on the Table the following Paper –
Article, Prison guard reveals call – Northern Territory News, dated 28 February 2002 (Paper 231).
2.05pm Ms Scrymgour to Mr Stirling.
2.11pm Mr Wood to Mr Vatskalis.
2.15pm Mr Maley to Dr Toyne.
2.16pm Mr Kiely to Mr Stirling.
2.23pm Mr Burke to Mr Ah Kit.
2.28pm Mr McAdam to Mr Henderson.
2.33pm Mr Reed to Mr Vatskalis.
Paper tabled: The Member for Katherine (Mr Reed), by leave, laid on the Table the following Paper –
Letter, Hon Kon Vatskalis to Mr Richard Barcham, Town Clerk, dated 27 February 2002 re funding for airstrip at Gulin Gulin and Weemol Community Council Aboriginal Corporation (Paper 236).
2.35pm Mr Bonson to Mr Vatskalis.
2.38pm Mr Dunham to Mrs Aagaard.
Paper tabled: The Member for Drysdale (Mr Dunham), by leave, laid on the Table the following Paper –
Letter, unknown to Leader of the Opposition (Mr Burke), dated 7 February 2002 (Paper 237).
2.45pm Ms Lawrie to Mr Ah Kit.
2.48pm Ms Carter to Mrs Aagaard
2.49pm Mr Wood to Mr Ah Kit.
2.51pm Mr Burns to Mr Vatskalis.
2.55pm Mr Baldwin to Mrs Aagaard.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.
Answer to question: The Minister for Transport and Infrastructure (Mr Vatskalis) provided additional information in relation to a question asked earlier this day relating to airstrip maintenance funding at Gulin Gulin.
18. INDIGENOUS EDUCATION – MINISTERIAL STATEMENT – STATEMENT NOTED:
Suspended debate resumed on the question – That the Assembly take note of the Statement -
Question – put and passed.
19. INDIGENOUS INITIATIVES IN THE MINING SECTOR – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Minister for Business, Industry and Resource Development (Mr Henderson) made a statement relating to the innovative and constructive work of the mining industry and Government in developing employment skills in the Territory’s indigenous communities. (Paper 232)
Papers tabled: Mr Henderson laid on the Table the following Papers –
Aboriginal Mining and Enterprise Taskforce 2000/01 (Paper 233);
Map of the Territory, sixty two new exploration licences approved for grant by Paul Henderson 31 October 2001 (Paper 235); and
Map of exploration licence applications by Rio Tinto Exploration Pty Ltd and subsidiary companies in the Northern Land Council Region (Paper 234).
Mr Henderson moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
20. ADJOURNMENT:
The Minister for Business, Industry and Resource Development (Mr Henderson) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 7.18pm until Tuesday 5 March 2002 at 10am.
The following Paper was deemed to have been presented on Thursday 28 February 2002:
Financial Statement:
Territory Insurance Office Financial Report, 2000/2001, Auditor-General’s Report to the Treasurer (Paper 292).
Remuneration Tribunal Determination: Report by Dr Burns on travel undertaken interstate under the Remuneration Tribunal Determination (Paper 238).
ATTENDANCE
All Members attended the sittings.