Minutes of Proceedings - 2002-03-06
1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MESSAGE FROM ADMINISTRATOR:
The Speaker laid on the Table Message No. 3 from his Honour the Administrator advising of his assent to proposed laws passed by the Assembly during the November 2001 sittings which read as follows:
Assent to Proposed Laws
28 November 2001
Motor Vehicles Amendment Act 2001 (No. 58 of 2001)
11 December 2001
Fines and Penalties (Recovery) Act 2001 (No. 59 of 2001)
Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (No. 60 of 2001)
Legal Practitioners Amendment Act 2001 (No. 61 of 2001)
Statute Law Revision Act (No. 2) 2001 (No. 62 of 2001)
21 December 2001
Small Claims Amendment Act 2001 (No. 63 of 2001)
Local Court Amendment Act 2001 (No. 64 of 2001)
Criminal Code Amendment Act (No. 3) 2001 (No.65 of 2001)
Sentencing Amendment Act (No. 4) 2001 (No. 66 of 2001)
Fiscal Integrity and Transparency Act 2001 (No. 67 of 2001)
Public Sector Employment and Management Amendment Act 2001 (No. 68 of 2001)
Government Owned Corporations Act 2001 (No. 69 of 2001)
Power and Water Authority Amendment Act 2001 (No. 70 of 2001)
Dated 28th day of February 2001.
Sgd
J C Anictomatis
Administrator (Paper 262)
4. VISITORS:
The Speaker advised Members of the presence in the public gallery of Year 11 Legal Studies students from St Johns College accompanied by their teacher Ms Angela Hollis.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
5. MINISTERIAL REPORTS:
Office of Economic Development: The Chief Minister (Ms Martin) reported on the appointment of Mr Bob Collins as Commissioner of the Office of Economic Development, the economic strategy to be adopted by the Office to enhance Territory development and major projects.
Mr Burke responded thereto.
Ms Martin responded accordingly.
Calendar of Multicultural Events: The Minister for Ethnic Affairs (Mr Vatskalis) reported to the Assembly on the development of multicultural events being celebrated in the Territory.
Paper tabled: Mr Vatskalis laid on the Table the following Paper –
Calendar of Multicultural Events 2002, Office of Ethnic Affairs (Paper 263).
Dr Lim responded thereto.
Mr Vatskalis responded accordingly.
Alice Springs to Darwin Railway: The Minister for the AustralAsia Railway (Mr Henderson) reported to the Assembly on the progress of work and employment opportunities gained from this project.
Paper tabled: Mr Henderson laid on the Table the following Paper –
Map, AustralAsia Railway Construction Progress (Paper 264).
Mr Burke responded thereto.
Mr Wood responded, by leave, responded thereto.
Mr Henderson responded accordingly.
Athletics Australia: The Minister for Sport and Recreation (Mr Ah Kit) reported to the Assembly on the decision of Athletics Australia to select Darwin as its pre departure training venue for athletes attending the Commonwealth Games.
Mr Mills responded thereto.
Mr Ah Kit responded accordingly.
Reports noted, pursuant to Sessional Order.
6. FIRST HOME OWNER GRANT AMENDMENT BILL 2002 (Serial 41):
The Treasurer (Ms Martin), pursuant to notice, presented a Bill for an Act to amend the First Home Owner Grant Act.
Bill read a first time.
Ms Martin moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Ms Martin laid on the Table the following Paper –
Explanatory Memorandum - First Home Owner Grant Amendment Bill (Serial 41) (Paper 265).
On the motion of the Member for Katherine (Mr Reed) debate was adjourned.
7. STATUTE LAW REVISION BILL 2002 (Serial 47):
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 Goyder (Mr Maley) debate was adjourned.
8. MEAT INDUSTRIES AMENDMENT BILL 2002 (Serial 39):
The Minister for Primary Industry and Fisheries (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Meat Industries Act.
Mr Henderson 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.
9. CRIMINAL CODE AMENDMENT BILL (No. 5) 2001 (Serial 23):
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.
Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper –
Time Magazine, 4 February 2002, - Child Slavery , Brothel owners and businessmen are exploiting the desperation of Asia’s poorest families, buying their children for sex and servitude (Paper 266).
Debate continued. Visitors: The Speaker advised Members of the presence in the public Galleries of students from Adelaide River Primary School accompanied by their teacher Ms Samantha Willcox.
The Speaker on behalf of all Members 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.
In Committee
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
In proposed section 202A(1), definition of “threat”, paragraph (c), omit –
“unless there are reasonable grounds for the threat”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate –
In proposed section 202B, omit (all references) -
“whose conduct”, and insert in their stead “who”.
Mr Elferink moved the following amendment –
In proposed section 202B(2), Omit –
“12 years” and insert in its stead “16 years”.
Amendment negatived.
Mr Elferink, by leave, moved amendments standing in his name scheduled and numbered 8.3, 8.4 and 8.5 together, as follows -
In proposed section 202B(3), Omit –
“12 years” and insert in its stead “16 years”.
In proposed section 202C(2), Omit –
“12 years” and insert in its stead “16 years”.
In proposed section 202C(3), Omit –
“12 years” and insert in its stead “16 years”.
Amendments negatived.
Mr Elferink moved the following amendment –
Insert after proposed section 202C:
202CA. Employees must notify authorities
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.
10. FREEDOM OF INFORMATION BILL, DISCUSSION DRAFT – PAPER NOTED:
The Order of the Day having been read for resumption of debate on the question – That the Assembly take note of the Paper –
Debate resumed.
Paper tabled: The Leader of the Opposition (Mr Burke), by leave, laid on the Table the following Paper –
Submission by the Ombudsman for the Northern Territory Mr Peter Boyce in regard to the proposed Information Bill (Paper 269).
Debate continued.
Debate suspended until a later hour.
Suspension of Sittings: The sittings of the Assembly was suspended between 12.01pm and 2pm.11. VISITORS:
The Speaker advised Members of the presence in the public galleries of Year 5, 6 and 7 Alawa Primary School students and their teacher Ms Christine Meave.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
12. NOTICE:
The following notice was given –
Mr Stirling: To present the Racing and Betting Amendment Bill 2002 (Serial 35).
13. QUESTIONS:
2.01pm Mr Reed to Mr Vatskalis.
Paper tabled: The Member for Katherine (Mr Reed), by leave, laid on the Table the following Paper -
Photographs of Roper Highway (Paper 272).
2.02pm Dr Burns to Ms Martin.
2.07pm Mr Elferink to Mr Vatskalis.
Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper -
Photograph of Docker River Road (Paper 273).
2.10pm Mr Bonson to Mr Henderson.
2.13pm Mr Wood to Mr Vatskalis.
2.15pm Mr Baldwin to Mr Henderson.
Paper tabled: The Member for Daly (Mr Baldwin), by leave, laid on the Table the following Paper -
Photograph of Fox Road, Katherine (Paper 274).
2.19pm Dr Burns to Mr Stirling.
2.27pm Ms Carter to Mrs Aagaard.
2.28pm Mr Kiely to Mrs Aagaard.
Paper tabled: The Minister for Health and Community Services (Mrs Aagaard) laid on the Table the following Paper -
Review of the Northern Territory Tobacco Act, Discussion Paper 2002 by Department of Health and Community Services
(Paper 275).
2.30pm Mr Dunham to Mrs Aagaard.
2.32pm Mr McAdam to Mr Vatskalis.
2.33pm Ms Carney to Mr Aagaard.
2.35pm Mr McAdam to Mr Ah Kit.
2.46pm Mr Wood to Ms Martin.
2.49pm Ms Scrymgour to Mrs Aagaard.
2.50pm Mr Mills to Mrs Aagaard.
Paper tabled: The Member for Blain (Mr Mills), by leave, laid on the Table the following Paper -
Press release, Jane Aagaard MLA re ambulance service to commence in Humpty Doo, dated 27 February 2002 (Paper 276).
14.52pm Mr McAdam to Ms Martin.
14.57pm Mr Dunham to Mrs Aagaard.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.
Answer to question: The Chief Minister (Ms Martin) advised Members of a correction in the Ministerial Report made earlier this week in which she erroneously referred to Sportsbet Pty Ltd, in lieu of Sportingbet Australia.
14. FREEDOM OF INFORMATION BILL, DISCUSSION DRAFT – PAPER NOTED:
Question – That the Assembly take note of the Paper -
Debate resumed after suspension of debate earlier this day.
Paper tabled: The Minister for Justice and Attorney-General (Dr Toyne) laid on the Table the following Paper -
List of Submissions received as at 7 March 2002 - Information Bill (Paper 277).
Debate continued.
Question – put and passed.
14. NORTHERN TERRITORY GOVERNMENT DELEGATION TO INDONESIA – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Chief Minister (Ms Martin) made statement relating to a visit by an NT Delegation to Indonesia in January 2002 and meeting with president Megawati Soekarnoputri and a number of senior her Ministers. (Paper 278)
Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
15. ADJOURNMENT:
The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 6.37pm on Wednesday 6 March 2002 until tomorrow at 10am. PAPERS:
The following Papers were deemed to have been presented on Wednesday 6 March 2002:
Annual Report
National Environment Protection Council, 2000/2001 (Paper 267)
Northern Territory Electrical Workers and Contractors Licensing Board, 2000/2001 (Paper 270)
Northern Territory Plumbers and Drainers Licensing Board, 2000/2001 (Paper 271)
Coroners Act
Office of the Coroner, Report to the Attorney-General, re Inquest into the death of Johno Johnson Wurramarrba, [2001] NTMC 84, pursuant to Section 27 of the Coroners Act, dated 12 October 2001 (Paper 268)
ATTENDANCE
All Members attended the sittings.
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MESSAGE FROM ADMINISTRATOR:
The Speaker laid on the Table Message No. 3 from his Honour the Administrator advising of his assent to proposed laws passed by the Assembly during the November 2001 sittings which read as follows:
Message No. 3
Assent to Proposed Laws
28 November 2001
Motor Vehicles Amendment Act 2001 (No. 58 of 2001)
11 December 2001
Fines and Penalties (Recovery) Act 2001 (No. 59 of 2001)
Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (No. 60 of 2001)
Legal Practitioners Amendment Act 2001 (No. 61 of 2001)
Statute Law Revision Act (No. 2) 2001 (No. 62 of 2001)
21 December 2001
Small Claims Amendment Act 2001 (No. 63 of 2001)
Local Court Amendment Act 2001 (No. 64 of 2001)
Criminal Code Amendment Act (No. 3) 2001 (No.65 of 2001)
Sentencing Amendment Act (No. 4) 2001 (No. 66 of 2001)
Fiscal Integrity and Transparency Act 2001 (No. 67 of 2001)
Public Sector Employment and Management Amendment Act 2001 (No. 68 of 2001)
Government Owned Corporations Act 2001 (No. 69 of 2001)
Power and Water Authority Amendment Act 2001 (No. 70 of 2001)
Dated 28th day of February 2001.
Sgd
J C Anictomatis
Administrator (Paper 262)
4. VISITORS:
The Speaker advised Members of the presence in the public gallery of Year 11 Legal Studies students from St Johns College accompanied by their teacher Ms Angela Hollis.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
5. MINISTERIAL REPORTS:
Office of Economic Development: The Chief Minister (Ms Martin) reported on the appointment of Mr Bob Collins as Commissioner of the Office of Economic Development, the economic strategy to be adopted by the Office to enhance Territory development and major projects.
Mr Burke responded thereto.
Ms Martin responded accordingly.
Calendar of Multicultural Events: The Minister for Ethnic Affairs (Mr Vatskalis) reported to the Assembly on the development of multicultural events being celebrated in the Territory.
Paper tabled: Mr Vatskalis laid on the Table the following Paper –
Calendar of Multicultural Events 2002, Office of Ethnic Affairs (Paper 263).
Dr Lim responded thereto.
Mr Vatskalis responded accordingly.
Alice Springs to Darwin Railway: The Minister for the AustralAsia Railway (Mr Henderson) reported to the Assembly on the progress of work and employment opportunities gained from this project.
Paper tabled: Mr Henderson laid on the Table the following Paper –
Map, AustralAsia Railway Construction Progress (Paper 264).
Mr Burke responded thereto.
Mr Wood responded, by leave, responded thereto.
Mr Henderson responded accordingly.
Athletics Australia: The Minister for Sport and Recreation (Mr Ah Kit) reported to the Assembly on the decision of Athletics Australia to select Darwin as its pre departure training venue for athletes attending the Commonwealth Games.
Mr Mills responded thereto.
Mr Ah Kit responded accordingly.
Reports noted, pursuant to Sessional Order.
6. FIRST HOME OWNER GRANT AMENDMENT BILL 2002 (Serial 41):
The Treasurer (Ms Martin), pursuant to notice, presented a Bill for an Act to amend the First Home Owner Grant Act.
Bill read a first time.
Ms Martin moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Ms Martin laid on the Table the following Paper –
Explanatory Memorandum - First Home Owner Grant Amendment Bill (Serial 41) (Paper 265).
On the motion of the Member for Katherine (Mr Reed) debate was adjourned.
7. STATUTE LAW REVISION BILL 2002 (Serial 47):
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 Goyder (Mr Maley) debate was adjourned.
8. MEAT INDUSTRIES AMENDMENT BILL 2002 (Serial 39):
The Minister for Primary Industry and Fisheries (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Meat Industries Act.
Mr Henderson 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.
9. CRIMINAL CODE AMENDMENT BILL (No. 5) 2001 (Serial 23):
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.
Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper –
Time Magazine, 4 February 2002, - Child Slavery , Brothel owners and businessmen are exploiting the desperation of Asia’s poorest families, buying their children for sex and servitude (Paper 266).
Debate continued. Visitors: The Speaker advised Members of the presence in the public Galleries of students from Adelaide River Primary School accompanied by their teacher Ms Samantha Willcox.
The Speaker on behalf of all Members 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.
In Committee
(Chairman – Mr Wood)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
In proposed section 202A(1), definition of “threat”, paragraph (c), omit –
“unless there are reasonable grounds for the threat”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate –
In proposed section 202B, omit (all references) -
“whose conduct”, and insert in their stead “who”.
Mr Elferink moved the following amendment –
In proposed section 202B(2), Omit –
“12 years” and insert in its stead “16 years”.
Amendment negatived.
Mr Elferink, by leave, moved amendments standing in his name scheduled and numbered 8.3, 8.4 and 8.5 together, as follows -
In proposed section 202B(3), Omit –
“12 years” and insert in its stead “16 years”.
In proposed section 202C(2), Omit –
“12 years” and insert in its stead “16 years”.
In proposed section 202C(3), Omit –
“12 years” and insert in its stead “16 years”.
Amendments negatived.
Mr Elferink moved the following amendment –
Insert after proposed section 202C:
202CA. Employees must notify authorities
(1) An employee who is aware that his or her employer is conducting a business involving sexual servitude and fails to report the matter to an appropriate authority is guilty of a crime and is liable to imprisonment for 5 years.
(2) In subsection (1) –
'appropriate authority' includes the following:
(a) a member of the Police Force;
(b) the Director of Public Prosecutions;
(c) the minister or Agency administering the Prostitution Regulation Act;
(d) if the business involves a child under the age of 16 years – the minister or Agency responsible for children's services.
Amendment negatived, after debate.
Clause 3, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
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.
10. FREEDOM OF INFORMATION BILL, DISCUSSION DRAFT – PAPER NOTED:
The Order of the Day having been read for resumption of debate on the question – That the Assembly take note of the Paper –
Debate resumed.
Paper tabled: The Leader of the Opposition (Mr Burke), by leave, laid on the Table the following Paper –
Submission by the Ombudsman for the Northern Territory Mr Peter Boyce in regard to the proposed Information Bill (Paper 269).
Debate continued.
Debate suspended until a later hour.
Suspension of Sittings: The sittings of the Assembly was suspended between 12.01pm and 2pm.11. VISITORS:
The Speaker advised Members of the presence in the public galleries of Year 5, 6 and 7 Alawa Primary School students and their teacher Ms Christine Meave.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
12. NOTICE:
The following notice was given –
Mr Stirling: To present the Racing and Betting Amendment Bill 2002 (Serial 35).
13. QUESTIONS:
2.01pm Mr Reed to Mr Vatskalis.
Paper tabled: The Member for Katherine (Mr Reed), by leave, laid on the Table the following Paper -
Photographs of Roper Highway (Paper 272).
2.02pm Dr Burns to Ms Martin.
2.07pm Mr Elferink to Mr Vatskalis.
Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper -
Photograph of Docker River Road (Paper 273).
2.10pm Mr Bonson to Mr Henderson.
2.13pm Mr Wood to Mr Vatskalis.
2.15pm Mr Baldwin to Mr Henderson.
Paper tabled: The Member for Daly (Mr Baldwin), by leave, laid on the Table the following Paper -
Photograph of Fox Road, Katherine (Paper 274).
2.19pm Dr Burns to Mr Stirling.
2.27pm Ms Carter to Mrs Aagaard.
2.28pm Mr Kiely to Mrs Aagaard.
Paper tabled: The Minister for Health and Community Services (Mrs Aagaard) laid on the Table the following Paper -
Review of the Northern Territory Tobacco Act, Discussion Paper 2002 by Department of Health and Community Services
(Paper 275).
2.30pm Mr Dunham to Mrs Aagaard.
2.32pm Mr McAdam to Mr Vatskalis.
2.33pm Ms Carney to Mr Aagaard.
2.35pm Mr McAdam to Mr Ah Kit.
2.46pm Mr Wood to Ms Martin.
2.49pm Ms Scrymgour to Mrs Aagaard.
2.50pm Mr Mills to Mrs Aagaard.
Paper tabled: The Member for Blain (Mr Mills), by leave, laid on the Table the following Paper -
Press release, Jane Aagaard MLA re ambulance service to commence in Humpty Doo, dated 27 February 2002 (Paper 276).
14.52pm Mr McAdam to Ms Martin.
14.57pm Mr Dunham to Mrs Aagaard.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.
Answer to question: The Chief Minister (Ms Martin) advised Members of a correction in the Ministerial Report made earlier this week in which she erroneously referred to Sportsbet Pty Ltd, in lieu of Sportingbet Australia.
14. FREEDOM OF INFORMATION BILL, DISCUSSION DRAFT – PAPER NOTED:
Question – That the Assembly take note of the Paper -
Debate resumed after suspension of debate earlier this day.
Paper tabled: The Minister for Justice and Attorney-General (Dr Toyne) laid on the Table the following Paper -
List of Submissions received as at 7 March 2002 - Information Bill (Paper 277).
Debate continued.
Question – put and passed.
14. NORTHERN TERRITORY GOVERNMENT DELEGATION TO INDONESIA – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Chief Minister (Ms Martin) made statement relating to a visit by an NT Delegation to Indonesia in January 2002 and meeting with president Megawati Soekarnoputri and a number of senior her Ministers. (Paper 278)
Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
15. ADJOURNMENT:
The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 6.37pm on Wednesday 6 March 2002 until tomorrow at 10am. PAPERS:
The following Papers were deemed to have been presented on Wednesday 6 March 2002:
Annual Report
National Environment Protection Council, 2000/2001 (Paper 267)
Northern Territory Electrical Workers and Contractors Licensing Board, 2000/2001 (Paper 270)
Northern Territory Plumbers and Drainers Licensing Board, 2000/2001 (Paper 271)
Coroners Act
Office of the Coroner, Report to the Attorney-General, re Inquest into the death of Johno Johnson Wurramarrba, [2001] NTMC 84, pursuant to Section 27 of the Coroners Act, dated 12 October 2001 (Paper 268)
ATTENDANCE
All Members attended the sittings.
Last updated: 04 Aug 2016