Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2001-10-18

1. MEETING:
      The Assembly met at 10am. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. PETITIONS:
      The Member for Nhulunbuy (Mr Stirling), by leave, presented a petition, not conforming with Standing Orders, from 185 petitioners relating to the erection of a fence around the school grounds of Bakewell Primary School. (Paper 42)
      Petition read.

      The Member for Nhulunbuy (Mr Stirling), by leave, presented a petition, not conforming with Standing Orders, from 10 petitioners relating to the provision of additional classrooms at Woodroffe Primary School. (Paper 43)
      Petition read.

      The Member for Nhulunbuy (Mr Stirling), by leave, presented a petition, not conforming with Standing Orders, from 445 petitioners relating to the provision of a quality education system. (Paper 44)
      Petition read.
4. NOTICES:
      Mr Stirling: To move – That at the end of Standing Order 21A, add:
              “(17) the committee or a subcommittee be empowered to consider the minutes of proceedings, evidence taken and records of similar committees established in previous Assemblies.”.
5. WARRANT – DEPUTY CHAIRMEN OF COMMITTEES:
      The Speaker laid on the Table the following Warrant:

      WARRANT

      Pursuant to the provisions of Standing Order 12, I nominate Dr C B Burns, Mr L F Kiely and Ms D P Lawrie to act as Deputy Chairmen of Committees when requested so to do by the Chairman of Committees.

      Given under my hand this 18th day of October, Two thousand and one.

      L M Braham
      Speaker (Paper 45)
6. MINISTERIAL REPORTS:
      Capital Works Tenders: The Minister for Transport and Infrastructure Development (Mr Ah Kit) made a statement relating to the extent of the Capital Works tendering program and funding under the Territory budget.
      Northern Territory Police Budget: The Minister for Police, Fire and Emergency Services (Mr Stirling) made a statement relating to the status and parlous state of the under funding of the police service left by the former government.
      Planning Act Review: The Minister for Lands, Planning and Environment (Mr Vatskalis) made a statement relating to an internal review of the operation of the Planning Act.
      Tourism Marketing Campaign: The Minister for Tourism (Mr Stirling) made a statement relating to a campaign to encourage internal Territory tourism.

      Reports noted pursuant to Sessional Order.
7. SENTENCING AMENDMENT BILL (No. 4) 2001 (Serial 15):
      The Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Sentencing 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 adjourn.
8. SMALL CLAIMS AMENDMENT BILL 2001 (Serial 11) and LOCAL COURT AMENDMENT BILL 2001 (Serial 12):
      Suspension of Standing Orders: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Small Claims Amendment Bill 2001 (Serial 11) and Local Court Amendment Bill 2002 (Serial 12) –

      (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 separately in the Committee of the Whole.

      Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

      The Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Small Claims Act and a Bill for an Act to amend the Local Court Act.
      Bills read a first time.
      Dr Toyne moved – That the Bills be now read a second time.
      Debate ensued.
      On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
9. LEGAL PRACTITIONERS AMENDMENT BILL 2001 (Serial 20):
      The Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners 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.
10. STATUTE LAW REVISION BILL (No. 2) 2001 (Serial 19):
      The 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 Goyder (Mr Maley) debate was adjourned.
11. JUVENILE JUSTICE AMENDMENT BILL (No. 2) 2001 (Serial 5), JUVENILE JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 6), SENTENCING AMENDMENT BILL (No. 3) 2001 (Serial 7), and SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 8):
      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.
      Suspension of Standing Orders: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent the Juvenile Justice Amendment Bill (No. 2) 2001 (Serial 5), Juvenile Justice (Consequential Amendments) Bill 2001 (Serial 6), Sentencing Amendment Bill (No. 3) 2001 (Serial 7), and Sentencing (Consequential Amendments) Bill 2001 (Serial 8) passing through all stages at this sittings.

      Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

      Debate continued.
      Paper tabled: The Member for Brennan (Mr Burke), by leave, laid on the Table the following Paper –
Mandatory Sentencing Property Offences Reported to Police – pre Mandatory Sentencing average – 12,700 per 100,000 population and
post Mandatory Sentencing average – 11,000 per 100,000 population. (Paper 56)

      Debate continued.
      On the motion of the Member for Barkly (Mr McAdam) debate was adjourned.
      Suspension of sittings: The sittings of the Assembly was suspended between 12.04pm and 2pm.
12. QUESTIONS:
      2pm Mr Burke to Mr Vatskalis.
      2.03pm Mr Kiely to Ms Martin.
      2.05pm Mr Baldwin to Mr Vatskalis.
      2.06pm Ms Scrymgour to Mr Ah Kit.
      2.09pm Mr Wood to Mrs Aagaard.
      2.10pm Mr Baldwin to Mr Vatskalis.
      2.12pm Mr Bonson to Mr Stirling.
      2.17pm Mr Mills to Mr Henderson.
      2.19pm Mr Elferink to Mr Henderson.
      2.20pm Mr McAdam to Dr Toyne.
      2.23pm Dr Burns to Mr Henderson.
      2.25pm Mr Dunham to Mr Henderson.
      2.28pm Ms Lawrie to Dr Toyne.
      2.32pm Ms Carter to Mr Henderson.
      2.40pm Mr Bonson to Mr Vatskalis.
      2.43pm Dr Lim to Mr Vatskalis.
      2.48pm Dr Burns to Mr Stirling.
      2.52pm Mr Reed to Mr Henderson.
      Paper tabled: The Member for Katherine (Mr Reed), by leave, laid on the Table the following Paper –
Meeting the Kyoto Target, Impact on Regional Australia, Report by the Allen Consulting Group. (Paper 54)

2.53pm Ms Scrymgour to Mrs Aagaard.
2.55pm Mr Elferink to Mr Vatskalis.
2.57pm Mr Kiely to Dr Toyne.
      Paper tabled: The Attorney-General (Dr Toyne) laid on the Table the following Paper –
AFANT supports new possession limits – Media Release, 15 October 2001 (Paper 55).

      2.59pm Mr Maley to Mr Ah Kit.
      3.01pm Ms Lawrie to Mr Vatskalis.
      3.02pm Mr Burke to Ms Martin.

      The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.
13. JUVENILE JUSTICE AMENDMENT BILL (No. 2) 2001 (Serial 5), JUVENILE JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 6), SENTENCING AMENDMENT BILL (No. 3) 2001 (Serial 7), and SENTENCING (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 8):
      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.
      Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –
Rate of Juvenile Detention per 100,000 Population – Attorney-General’s Department – Criminal Justice Statistics Group
and Juvenile Property Offender Summary Nos. (1), (2), and (3). (Paper 57)

      Debate continued.
      Question - That the motion be agreed to - put.
      The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -

      AYES, 14 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
      Mr Wood

      And so it was resolved in the affirmative.
      Question – put and passed.
      Bills read a second time.
      The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
In Committee
(Chairman – Mr Wood)

      Sentencing Amendment Bill (No. 3) 2001 (Serial 7):

      Bill, by leave, taken as a whole and agreed to.
      Debate ensued.
      Bill reported without amendment.

      Sentencing (Consequential Amendments) Bill 2001 (Serial 8):

      Bill, by leave, taken as a whole and agreed to.
      Bill reported without amendment.

      Juvenile Justice Amendment Bill (No. 2) 2001 (Serial 5):

      Bill, by leave, taken as a whole and agreed to.
      Bill reported without amendment.

      Juvenile Justice (Consequential Amendments) Bill 2001 (Serial 6):

      Bill, by leave, taken as a whole and agreed to.
      Bill reported without amendment.
      The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Wood) reported accordingly and the reports were adopted.
      On the motion of the Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.

14. CRIMINAL CODE AMENDMENT BILL (No. 4) 2001 (Serial 4):
      Suspension of Standing Orders: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent the Criminal Code Amendment Bill (No. 4) 2001 (Serial 4) passing through all stages at this sittings.

      Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

      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 - 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.
      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 Attorney-General (Dr Toyne) the Bill was read a third time and passed to be a proposed law.
15. POLICE ADMINISTRATION AMENDMENT BILL 2001 (Serial 2) and JUSTICES AMENDMENT BILL (No. 2) 2001 (Serial 3):
      Suspension of Standing Orders: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent the Police Administration Amendment Bill 2001 (Serial 2) and the Justices Amendment Bill (No. 2) 2001 (Serial 3) passing through all stages at this sittings.

      Debate ensued.
      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.
      Question – put and passed.

      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.
      Leave granted for a motion for the third readings of the Bills to be moved forthwith.
      On the motion of the Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
16. MINISTERIAL STATEMENT – EMPLOYMENT AND EDUCATION – STATEMENT NOTED:
      The Minister for Education, Employment and Training (Mr Stirling) made a statement relating to the training and education sectors of the Northern Territory.
      Mr Stirling moved – That the Assembly take note of the Statement.
      Debate ensued.
      Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper -
Tapatjatjaka Community Government Council – Employment on Remote Communities, October 2001. (Paper 59)

      Debate continued.
      Question – put and passed.
17. ADJOURNMENT:
      The Leader of Government Business (Mr Stirling) moved - That the Assembly do now adjourn.
      Debate ensued.
      Paper tabled: The Speaker laid on the Table a letter, dated 18 October 2001, from the Leader of the Opposition (Mr Burke) nominating Members to serve on parliamentary committees as follows:
      (Paper 60)
      Standing Committees
          House
          Ms S J Carter and Mr S Dunham

          Privileges
          Mr D G Burke and Mr P J Maley

          Subordinate Legislation and Publications Committee
          Ms J T Carney and Mr P J Maley

          Public Accounts
Mr S Dunham and Dr R Lim

          Standing Orders
          Dr R Lim and Ms S J Carter
      Legal and Constitutional Affairs Committee
          Mr T K Mills and Mr J W Elferink

          Select Committees

          Substance Abuse
          Ms S J Carter and Dr R Lim
      Debate continued.
      Question - put and passed.
      The Assembly adjourned at 20.58pm until Tuesday 23 October 2001 at 10am.

      PAPERS:
      The following Papers were deemed to have been presented on Thursday 18 October 2001:

      Annual Reports
      Northern Territory University, 2000 (Paper 47)
      Rail Regulation, 2000/2001 (Paper 46)

      Hospital Management Boards:
      Alice Springs Hospital Management Board, 2000/2001 (Paper 52)
      Gove District Hospital Management Board, 2000/2001 (Paper 53)
      Katherine Hospital Management Board, 2000/2001 (Paper 50)
      Royal Darwin Hospital Management Board, 2000/2001 (Paper 49)
      Tennant Creek Hospital Management Board, 2000/2001 (Paper 51)
      Plans of Management:
      Alice Springs Telegraph Station, Historical Reserve, Review of Submissions, September 2000, Draft Plan of Management
      (Paper 48)
      Alice Springs Telegraph Station, Historical Reserve, May 2001 (Paper 58)

      ATTENDANCE:
      All Members attended the sittings
Last updated: 04 Aug 2016