Minutes of Proceedings - 2001-10-25
1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable L M Braham, took the Chair.
2. PRAYERS.
3. PETITION:
The Member for Arnhem (Mr Ah Kit) presented a petition from 19 petitioners requesting a 6 month moratorium on the issue of taxi leases. (Paper 90)
Petition read.
4. MINISTERIAL REPORTS:
Women’s study grants: The Chief Minister (Ms Martin) made a report to the Assembly relating to the development of a Women’s Study Awards Program.
Arts and museums: The Chief Minister (Ms Martin) reported to the Assembly on film projects, development of the arts and music festivals.
Deputy Administrator, retirement: The Chief Minister (Ms Martin) reported to the Assembly on the forthcoming retirement of Mrs Minna Sitzler AM who is to retire on
31 December 2001.
Wildlife corridors: The Minister for Lands, Planning and Environment (Mr Vatskalis) reported on the preservation and maintenance of wildlife biodiversity through provision and development of wildlife land corridors.
Housing programs funding: The Minister for Lands, Planning and Environment (Mr Vatskalis) reported to the Assembly on the Community Housing program and capital funding for crises housing.
Paper tabled: The Minister for Lands, Planning and Environment (Mr Vatskalis) laid on the Table the following Paper –
Crisis Accommodation Program Projects Recommended for Funding 2001/02, and Community Housing Program Projects Recommended for Funding 2001/02. (Paper 93)
Reports noted pursuant to Sessional Orders.
5. FISCAL INTEGRITY AND TRANSPARENCY BILL 2001 (Serial 13):
The Chief Minister (Ms Martin), pursuant to notice, presented a Bill for an Act to provide a framework for the conduct of Government fiscal policy.
Bill read a first time.
Ms Martin moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Katherine (Mr Reed), debate was adjourned.
6. FINES AND PENALTIES (RECOVERY) BILL 2001 (Serial 16) and FINES AND PENALTIES (RECOVERY) (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 17):
Suspension of Standing Orders – take two Bills together: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent the Fines and Penalties (Recovery) Bill 2001 (Serial 16) and the Fines and Penalties (Recovery) (Consequential Amendments) Bill 2001 (Serial 17) –
(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 establish a fines recovery unit and to provide for the enforcement of fines and penalties, and for related purposes; and Bill for an Act to amend various Acts consequential on the enactment of the Fines and Penalties (Recovery) Act 2001.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
Paper tabled: Dr Toyne laid on the Table the following Paper –
Episodes of Imprisonment for Fine Defaulters period 1/1/1998 to 31/12/1999, and 1/1/1998 to 22/08/2001. (Paper 94)
Debate continued.
On the motion of the Member for Goyder (Mr Maley), debate was adjourned.
7. VALIDATION (CHIEF MAGISTRATE) BILL 2001 (Serial 18):
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
(Chairman – Mr Wood)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
Debate ensued.
Clause 3, as printed, agreed to.
Clause 4 read and agreed to.
Clause 5 read.
Debate ensued.
Clause 5, as printed, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment. The Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Wood) reported accordingly and the report was adopted.
The Attorney-General (Dr Toyne) moved – That the Bill be now read a third time.
Debate ensued.
Question – put and passed – the Bill was read a third time and passed to be a proposed law. Suspension of sitting: The sittings of the Assembly was suspended between 11.54am and 2pm.8. QUESTIONS:
2pm Mr Burke to Dr Toyne.
2.04pm Ms Lawrie to Mrs Aagaard.
2.05pm Mr Burke to Ms Martin.
2.07pm Supplementary question: Mr Burke to Ms Martin.
2.08pm Mr Kiely to Mrs Aagaard.
Paper tabled: The Minister for Health, Family and Children’s Services (Mrs Aagaard) laid on the Table the following Paper –
Memorandum, Mr Paul Bartholomew, Chief Executive Officer of Territory Health Services to Honourable J Aagaard, Minister for Health,
Family and Children’s Services re Territory Health Services Budget 2001/2002, dated 27 September 2001. (Paper 98)
2.13pm Mr Elferink to Mrs Aagaard.
2.14pm Ms Scrymgour to Ms Martin.
The Chief Minister (Ms Martin) in proceeding to move a motion of censure of the Members for Katherine, Drysdale and Brennan –
The Speaker informed Members that question time would now cease and ordered that the broadcast of Question Time be discontinued forthwith.
9. CENSURE OF MEMBERS FOR KATHERINE, DRYSDALE AND BRENNAN – MOTION AGREED TO:
Suspension of Standing Orders: The Chief Minister (Ms Martin) moved – That so much of Standing Orders be suspended as would prevent her moving a motion to censure the Members for Katherine, Drysdale and Brennan for their complicity in providing false information on the 2001/2002 Territory Budget.
Question – put and passed – there being an absolute majority of the whole number of Members and no dissentient voice.
The Chief Minister (Ms Martin) thereupon moved – That, this Assembly censure -
1. the former Country Liberal Party Treasurer, the Member for Katherine for:
(a) deliberately including false information in the 2001/02 Budget Papers;
(b) directing that false figures be included in the Northern Territory Budget so as to enable the Country Liberal Party to make
fraudulent claims about its budget and deceive Territorians;
2. the former Country Liberal Party Health Minister, the Member for Drysdale for:
(a) being complicit in the former Treasurer deliberately, including knowingly, providing false information in the 2001/02 Budget Papers;
(b) being complicit in the former Treasurer directing false figures be included in the Northern Territory budget so as to enable the Country Liberal Party to make fraudulent claims about its budget and deceive Territorians; and
3. the former Chief Minister, the Member for Brennan, for leading a government that corrupted the Northern Territory's Budget and sought to deceive Territorians. (Paper 99)
Debate ensued.
Paper tabled: The Minister for Education, Employment and Training (Mr Stirling) laid on the Table the following Papers –
Territory Health Services – Audit Trail 2000-01Budget Review, 2001 – 02, Forward Estimate, 2002-03 Forward Estimate. (Paper 100)
Debate continued.
Extension of time – leave denied: The Member for Greatorex (Dr Lim) moved – That the Member for Drysdale be granted a sufficient extension of time as would allow him to complete his words.
A dissentient voice being heard – leave denied.
Debate continued.
Question – put and passed.
10. PUBLIC ACCOUNTS COMMITTEE – REFERENCE – MOTION AGREED TO:
Suspension of Standing Orders: The Chief Minister (Ms Martin) moved – That so much of Standing Orders be suspended as would prevent her moving a motion giving a reference to the Public Accounts Committee.
Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
The Chief Minister (Ms Martin) thereupon moved – That -
1. The Public Accounts Committee inquire into and report upon the accuracy of the budget data published in the 2001-02 Budget Papers
with respect to both the estimated outcome for 2000-01 and the budget for 2001-02, with particular reference to:
(a) whether the data published for individual agencies differed materially from that understood by Agencies to properly
reflect the best estimates available to each agency at the time;
(b) where there is a material difference, whether there is any supporting advice issued by the Treasury or the
Treasurer’s Office with regard to these differences, and the nature of that advice;
(c) whether the Agency undertook to advise its respective Minister prior to the budget being delivered that these
differences existed;
(d) the impact these differences had on the reported totals for the Northern Territory public sector; and
(e) examine both the expenditure and receipts attributable to each Agency in regard to points (a) to (d).
2. The Committee report to the Assembly on or before the second sittings of the Assembly in 2002. (Paper 101)
Debate ensued.
The Member for Drysdale (Mr Dunham) moved the following amendment – Omit all words after “That” and insert in their stead –
The Public Accounts Committee investigate:
(a) Professor Percy Allan’s report – Independent Review of the Northern Territory’s Financial Position, Parts I and 2;
(b) Access Economics investigation and assessment of Labor’s pre election promises; and
(c) Labor’s Mini–budget in November 2001.
Question – That the amendment be agreed to – put and negatived.
Main question – That the motion be agreed to – put and passed.
11. ADJOURNMENT OF ASSEMBLY:
The Leader of Government Business (Mr Stirling) moved – That the Assembly at its rising adjourn until Tuesday 27 November 2001 at 10am or such other time and/or date as may be set by Madam Speaker, pursuant to Sessional Order.
Question – put and passed.
12. ALCOHOL RESTRICTIONS, ALICE SPRINGS – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Minister for Industries and Business (Mr Henderson) made a statement relating to a trial of restrictions on the sale of liquor in Alice Springs. (Paper 95)
Mr Henderson moved – That the Assembly take note of the Statement.
Debate ensued.
Papers tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Papers -
Report on Community Consultation – proposal to trial restrictions on the sale in Alice Springs by Northern Territory
Licensing Commission (Paper 102);
Northern Territory Licensing Commission, Chairman’s Report of 14/15 August 2001 by Peter R Allen (Paper 104); and
Alcohol measures in Alice Springs, Alice in Ten Substance Misuse Working Group by Northern Territory Licensing Commission. (Paper 103)
Debate continued.
Question – put and passed.
13. STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS – REFERENCE – MOTION AGREED TO:
The Attorney-General (Dr Toyne), by leave, moved -That. -
1. The Standing Committee on Legal and Constitutional Affairs shall inquire, consider, make recommendations and report to
the Assembly from time to time on:
(a) any matter concerned with legal or constitutional issues, including law reform, parliamentary reform, administrative law, legislative review and inter-governmental relations;
(b) the legal or constitutional relationship between the Northern Territory and the Commonwealth;
(c) any proposed changes to that legal or constitutional relationship, including the admission of the Northern Territory
as a new State of the Commonwealth; or
(d) any proposed changes to the Commonwealth Constitution that may affect the Northern Territory and/or its residents.
The following Papers were deemed to have been presented on Thursday 25 October 2001:
Agreement:
Internet Gaming Operators Agreement, Variation Agreement, Between Hon. Paul Raymond Henderson, Minister for Racing, Gaming and Licensing and Lasseters Casino PTY LTD, dated 18 October 2001 (Paper 97)
Annual Reports:
Batchelor Institute of Indigenous Tertiary Education, 2000 (Paper 89)
Department of Corporate and Information Services, 2000/2001 (Paper 87)
Department of Mines and Energy, 2000/2001 (Paper 96)
Department of Primary Industry and Fisheries, 2000/2001 (Paper 91)
Office of Communications, Science and Advanced Technology, 2000/2001 (Paper 88)
Office of the Commissioner for Public Employment, 2000/2001 (Paper 92)
Coroners Report:
Office of the Coroner, Report to the Attorney-General, RE: Inquest into the death of George Miller, pursuant to Section 27 of the Coroners Act, dated 12 October 2001 (Paper 86) ATTENDANCE
All Members attended the sittings.
Ian McNeill
Clerk of the Legislative Assembly
The Assembly met at 10am. The Speaker, the Honourable L M Braham, took the Chair.
2. PRAYERS.
3. PETITION:
The Member for Arnhem (Mr Ah Kit) presented a petition from 19 petitioners requesting a 6 month moratorium on the issue of taxi leases. (Paper 90)
Petition read.
4. MINISTERIAL REPORTS:
Women’s study grants: The Chief Minister (Ms Martin) made a report to the Assembly relating to the development of a Women’s Study Awards Program.
Arts and museums: The Chief Minister (Ms Martin) reported to the Assembly on film projects, development of the arts and music festivals.
Deputy Administrator, retirement: The Chief Minister (Ms Martin) reported to the Assembly on the forthcoming retirement of Mrs Minna Sitzler AM who is to retire on
31 December 2001.
Wildlife corridors: The Minister for Lands, Planning and Environment (Mr Vatskalis) reported on the preservation and maintenance of wildlife biodiversity through provision and development of wildlife land corridors.
Housing programs funding: The Minister for Lands, Planning and Environment (Mr Vatskalis) reported to the Assembly on the Community Housing program and capital funding for crises housing.
Paper tabled: The Minister for Lands, Planning and Environment (Mr Vatskalis) laid on the Table the following Paper –
Crisis Accommodation Program Projects Recommended for Funding 2001/02, and Community Housing Program Projects Recommended for Funding 2001/02. (Paper 93)
Reports noted pursuant to Sessional Orders.
5. FISCAL INTEGRITY AND TRANSPARENCY BILL 2001 (Serial 13):
The Chief Minister (Ms Martin), pursuant to notice, presented a Bill for an Act to provide a framework for the conduct of Government fiscal policy.
Bill read a first time.
Ms Martin moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Katherine (Mr Reed), debate was adjourned.
6. FINES AND PENALTIES (RECOVERY) BILL 2001 (Serial 16) and FINES AND PENALTIES (RECOVERY) (CONSEQUENTIAL AMENDMENTS) BILL 2001 (Serial 17):
Suspension of Standing Orders – take two Bills together: The Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent the Fines and Penalties (Recovery) Bill 2001 (Serial 16) and the Fines and Penalties (Recovery) (Consequential Amendments) Bill 2001 (Serial 17) –
(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 establish a fines recovery unit and to provide for the enforcement of fines and penalties, and for related purposes; and Bill for an Act to amend various Acts consequential on the enactment of the Fines and Penalties (Recovery) Act 2001.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
Paper tabled: Dr Toyne laid on the Table the following Paper –
Episodes of Imprisonment for Fine Defaulters period 1/1/1998 to 31/12/1999, and 1/1/1998 to 22/08/2001. (Paper 94)
Debate continued.
On the motion of the Member for Goyder (Mr Maley), debate was adjourned.
7. VALIDATION (CHIEF MAGISTRATE) BILL 2001 (Serial 18):
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
(Chairman – Mr Wood)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
Debate ensued.
Clause 3, as printed, agreed to.
Clause 4 read and agreed to.
Clause 5 read.
Debate ensued.
Clause 5, as printed, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment. The Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Wood) reported accordingly and the report was adopted.
The Attorney-General (Dr Toyne) moved – That the Bill be now read a third time.
Debate ensued.
Question – put and passed – the Bill was read a third time and passed to be a proposed law. Suspension of sitting: The sittings of the Assembly was suspended between 11.54am and 2pm.8. QUESTIONS:
2pm Mr Burke to Dr Toyne.
2.04pm Ms Lawrie to Mrs Aagaard.
2.05pm Mr Burke to Ms Martin.
2.07pm Supplementary question: Mr Burke to Ms Martin.
2.08pm Mr Kiely to Mrs Aagaard.
Paper tabled: The Minister for Health, Family and Children’s Services (Mrs Aagaard) laid on the Table the following Paper –
Memorandum, Mr Paul Bartholomew, Chief Executive Officer of Territory Health Services to Honourable J Aagaard, Minister for Health,
Family and Children’s Services re Territory Health Services Budget 2001/2002, dated 27 September 2001. (Paper 98)
2.13pm Mr Elferink to Mrs Aagaard.
2.14pm Ms Scrymgour to Ms Martin.
The Chief Minister (Ms Martin) in proceeding to move a motion of censure of the Members for Katherine, Drysdale and Brennan –
The Speaker informed Members that question time would now cease and ordered that the broadcast of Question Time be discontinued forthwith.
9. CENSURE OF MEMBERS FOR KATHERINE, DRYSDALE AND BRENNAN – MOTION AGREED TO:
Suspension of Standing Orders: The Chief Minister (Ms Martin) moved – That so much of Standing Orders be suspended as would prevent her moving a motion to censure the Members for Katherine, Drysdale and Brennan for their complicity in providing false information on the 2001/2002 Territory Budget.
Question – put and passed – there being an absolute majority of the whole number of Members and no dissentient voice.
The Chief Minister (Ms Martin) thereupon moved – That, this Assembly censure -
1. the former Country Liberal Party Treasurer, the Member for Katherine for:
(a) deliberately including false information in the 2001/02 Budget Papers;
(b) directing that false figures be included in the Northern Territory Budget so as to enable the Country Liberal Party to make
fraudulent claims about its budget and deceive Territorians;
2. the former Country Liberal Party Health Minister, the Member for Drysdale for:
(a) being complicit in the former Treasurer deliberately, including knowingly, providing false information in the 2001/02 Budget Papers;
(b) being complicit in the former Treasurer directing false figures be included in the Northern Territory budget so as to enable the Country Liberal Party to make fraudulent claims about its budget and deceive Territorians; and
3. the former Chief Minister, the Member for Brennan, for leading a government that corrupted the Northern Territory's Budget and sought to deceive Territorians. (Paper 99)
Debate ensued.
Paper tabled: The Minister for Education, Employment and Training (Mr Stirling) laid on the Table the following Papers –
Territory Health Services – Audit Trail 2000-01Budget Review, 2001 – 02, Forward Estimate, 2002-03 Forward Estimate. (Paper 100)
Debate continued.
Extension of time – leave denied: The Member for Greatorex (Dr Lim) moved – That the Member for Drysdale be granted a sufficient extension of time as would allow him to complete his words.
A dissentient voice being heard – leave denied.
Debate continued.
Question – put and passed.
10. PUBLIC ACCOUNTS COMMITTEE – REFERENCE – MOTION AGREED TO:
Suspension of Standing Orders: The Chief Minister (Ms Martin) moved – That so much of Standing Orders be suspended as would prevent her moving a motion giving a reference to the Public Accounts Committee.
Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
The Chief Minister (Ms Martin) thereupon moved – That -
1. The Public Accounts Committee inquire into and report upon the accuracy of the budget data published in the 2001-02 Budget Papers
with respect to both the estimated outcome for 2000-01 and the budget for 2001-02, with particular reference to:
(a) whether the data published for individual agencies differed materially from that understood by Agencies to properly
reflect the best estimates available to each agency at the time;
(b) where there is a material difference, whether there is any supporting advice issued by the Treasury or the
Treasurer’s Office with regard to these differences, and the nature of that advice;
(c) whether the Agency undertook to advise its respective Minister prior to the budget being delivered that these
differences existed;
(d) the impact these differences had on the reported totals for the Northern Territory public sector; and
(e) examine both the expenditure and receipts attributable to each Agency in regard to points (a) to (d).
2. The Committee report to the Assembly on or before the second sittings of the Assembly in 2002. (Paper 101)
Debate ensued.
The Member for Drysdale (Mr Dunham) moved the following amendment – Omit all words after “That” and insert in their stead –
The Public Accounts Committee investigate:
(a) Professor Percy Allan’s report – Independent Review of the Northern Territory’s Financial Position, Parts I and 2;
(b) Access Economics investigation and assessment of Labor’s pre election promises; and
(c) Labor’s Mini–budget in November 2001.
Question – That the amendment be agreed to – put and negatived.
Main question – That the motion be agreed to – put and passed.
11. ADJOURNMENT OF ASSEMBLY:
The Leader of Government Business (Mr Stirling) moved – That the Assembly at its rising adjourn until Tuesday 27 November 2001 at 10am or such other time and/or date as may be set by Madam Speaker, pursuant to Sessional Order.
Question – put and passed.
12. ALCOHOL RESTRICTIONS, ALICE SPRINGS – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Minister for Industries and Business (Mr Henderson) made a statement relating to a trial of restrictions on the sale of liquor in Alice Springs. (Paper 95)
Mr Henderson moved – That the Assembly take note of the Statement.
Debate ensued.
Papers tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Papers -
Report on Community Consultation – proposal to trial restrictions on the sale in Alice Springs by Northern Territory
Licensing Commission (Paper 102);
Northern Territory Licensing Commission, Chairman’s Report of 14/15 August 2001 by Peter R Allen (Paper 104); and
Alcohol measures in Alice Springs, Alice in Ten Substance Misuse Working Group by Northern Territory Licensing Commission. (Paper 103)
Debate continued.
Question – put and passed.
13. STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS – REFERENCE – MOTION AGREED TO:
The Attorney-General (Dr Toyne), by leave, moved -That. -
1. The Standing Committee on Legal and Constitutional Affairs shall inquire, consider, make recommendations and report to
the Assembly from time to time on:
(a) any matter concerned with legal or constitutional issues, including law reform, parliamentary reform, administrative law, legislative review and inter-governmental relations;
(b) the legal or constitutional relationship between the Northern Territory and the Commonwealth;
(c) any proposed changes to that legal or constitutional relationship, including the admission of the Northern Territory
as a new State of the Commonwealth; or
(d) any proposed changes to the Commonwealth Constitution that may affect the Northern Territory and/or its residents.
2. With the approval of the Attorney-General, any other matter concerning the relationship between the Northern Territory and the
Commonwealth and/or the States in the Australian federation;
3. Meet with any other State or Commonwealth parliamentary committees to inquire into matters of mutual concern; and
4. The Committee shall report to the Assembly as soon as possible after 30 June each year on its activities during the preceding financial year.
(Paper 105)
Question – put and passed.
14. ADJOURNMENT:
The Minister for Lands, Planning and Environment (Mr Vatskalis) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 7.06pm until Tuesday 27 November 2001 at 10am or such other time and/or date as may be set by Madam Speaker, pursuant to Sessional Order.
The following Papers were deemed to have been presented on Thursday 25 October 2001:
Agreement:
Internet Gaming Operators Agreement, Variation Agreement, Between Hon. Paul Raymond Henderson, Minister for Racing, Gaming and Licensing and Lasseters Casino PTY LTD, dated 18 October 2001 (Paper 97)
Annual Reports:
Batchelor Institute of Indigenous Tertiary Education, 2000 (Paper 89)
Department of Corporate and Information Services, 2000/2001 (Paper 87)
Department of Mines and Energy, 2000/2001 (Paper 96)
Department of Primary Industry and Fisheries, 2000/2001 (Paper 91)
Office of Communications, Science and Advanced Technology, 2000/2001 (Paper 88)
Office of the Commissioner for Public Employment, 2000/2001 (Paper 92)
Coroners Report:
Office of the Coroner, Report to the Attorney-General, RE: Inquest into the death of George Miller, pursuant to Section 27 of the Coroners Act, dated 12 October 2001 (Paper 86) ATTENDANCE
All Members attended the sittings.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016