Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2003-02-18

    1. MEETING:
        The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 26 November 2002. The Speaker, the Honourable L. M. Braham, took the Chair.

    2. PRAYERS.

    3. VISITORS:
        The Speaker advised Members of the presence in the Speaker’s Gallery of Mr James O’Brien, a member of the Darwin Defenders Association visiting Darwin from Victoria for the Bombing of Darwin commemorative ceremony, accompanied by his grandson, Michael Newhouse.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    4. MEDIA BROADCAST AND YEARLY EVENTS - STATEMENT – SPEAKER:
        The Speaker advised Members of the recent conduct of the ANZACATT Clerks at the Table conference which was held in Alice Springs in January 2002 and the presence of Ms Peseiki Solomona from Tuvalu on a visit under the auspices of a Commonwealth Parliamentary Association Trust Study Grant.

        The Speaker further advised Members of –
    the extensive program for CPA seminars and conferences, 2003 (Paper 751);
    letters in response to the resolution of the Assembly relating to East Timorese asylum seekers from the Speaker, House of Representatives, Honourable Neil Andrew, dated 10 December 2002
    and President of the Senate, the Honourable Paul Calvert, dated 5 December 2002 (Paper 746);
    commencement of sittings at 11am on Wednesday 19 February 2003 to allow Members to attend the ceremony commemorating the Bombing of Darwin; and
    approval for the media to broadcast the debate on the motion of the Chief Minister relating to the United Nations Resolution 1441, with sound and vision.
      5. PETITION:
          The Member for Fannie Bay (Ms Martin), by leave, presented petition No. 23, not conforming with Standing Orders, from 300 petitioners relating to the closure of Panorama Guth in Alice Springs. (Paper 744)

          Response to Petition: The Clerk, pursuant to Standing Order 100A advised – That, a response to petition No. 22 had been received and circulated to Members (Paper 745) and the text of the response will be
          included in the Hansard record.
      6. MINISTERIAL REPORTS:
          Overseas Travel to meet Oil and Gas representatives: The Chief Minister (Ms Martin) reported on her overseas travel, 15 to 22 December 2002, to meet representatives of oil, gas and defence industries.
          Mr Mills responded thereto.
          Ms Martin responded accordingly.

          Itinerants Project - Update: The Minister for Local Government (Mr Ah Kit) made a report on a review he had commissioned into anti-social behaviour by itinerants.
          Dr Lim responded thereto.
          Mr Ah Kit responded accordingly.

          Secondary Education - Future Directions: The Minister for Employment, Education and Training (Mr Stirling) made a report on the future directions of Secondary Education in the Northern Territory.
          Mr Mills responded thereto.
          Mr Stirling responded accordingly.

          Mining Management Act - Update: The Minister for Resource Development (Mr Henderson) made a report on the implementation of the Mining Management Act with an emphasis on safety, health and environmental considerations.
          Mr Dunham responded thereto.
          Mr Wood responded thereto.
          Mr Henderson responded accordingly.

          Ministerial Reports noted, pursuant to Sessional Order.
      7. UNITED NATIONS RESOLUTION 1441 – MOTION:
          The Chief Minister (Ms Martin), by leave, moved – That this Assembly:

          (a) support the pursuit of a peaceful resolution to the current crisis over Iraq’s disarmament;
          (b) call on Iraq to fully comply with United Nations Resolution 1441 and give up its weapons of mass destruction, allowing international weapons inspectors to complete their task;
          (c) fully support the Australian Defence Force personnel in the Persian Gulf and surrounds, recognising their willingness to serve our nation, and prays for their safe return to their families; and

          (d) call on the Prime Minister, John Howard to only commit Australian Defence Force personnel to combat as part of a United Nations sponsored coalition (Paper 758).

          Debate ensued.
          The Leader of the Opposition (Mr Burke) moved the following amendment –
          Omit paragraph (d) and insert in its stead –

          “(d) support the Australian, United States and United Kingdom governments who have demonstrated a unity of purpose to deal with Iraq’s defiance of the United Nations and its continuing threat to world peace.”.

          Debate continued.
          Debate suspended.
          ––––––––––––––––
          Suspension of sittings: The sittings of the Assembly was suspended between 12.01pm and 2pm.
          ––––––––––––––––
      8. NOTICES:
          The following notices were given:
          Mr Henderson: To present the Terrorism (Northern Territory) Request Bill 2003 (Serial 127).

          Mr Henderson: To present the Terrorism (Emergency Powers) Bill 2003 (Serial 128).

          Mr Henderson: To move – That so much of the Standing Orders be suspended as would prevent bills entitled, Terrorism (Northern Territory) Request Bill 2003 (Serial 127) and
          Terrorism (Emergency Powers) Bill 2003 (Serial 128) –
                      (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.
          Mr Wood: To move - That Standing Orders relating to Question Time be referred to the Standing Orders Committee, to review and make recommendations aimed at ensuring
          Question Time is more relevant, efficient, accountable and informative to Members of parliament and constituents.

          Mr Wood: To move - That the Northern Territory Government –
                      (a) support a compulsory levy on plastic bags, similar to that operating in Ireland and being proposed for England; and
                      (b) lobby the Federal Government for a compulsory national levy on plastic bags at the next meeting of environment ministers and of COAG.
          Mr Wood: To present the Traffic Amendment Bill 2003 (Serial 124).

      9. QUESTIONS:
          2.00pm Mr Reed to Speaker.
          2.01pm Ms Carter to Mrs Aagaard.
          2.05pm Mr McAdam to Ms Martin.
          2.09pm Ms Carter to Mrs Aagaard.
          2.14pm Ms Scrymgour to Ms Martin.
          2.18pm Mr Wood to Ms Martin.
          2.20pm Ms Carter to Mrs Aagaard.
          2.21pm Ms Lawrie to Ms Martin.
          2.27pm Ms Carter to Mrs Aagaard.
          2.29pm Ms Lawrie to Dr Burns.
          2.36pm Mr Dunham to Mrs Aagaard.
          2.39pm Mr Kiely to Dr Toyne.
          Papers tabled: The Minister for Justice and Attorney-General (Dr Toyne) laid on the Table the following Papers –
      Letter, Mr Denis Burke, Chief Minister to Mr George Georgiou, Northern Territory Legal Aid commission, dated 23 April 1997 re Alan E Forscutt, release (Paper 775);
      Memorandum, Attorney-General from Secretary, Attorney-General’s Department, re Alan Edward Forscutt 26 June 1997 (Paper 774); and
      CLP action over Forscutt Case – Chronology, 22 May 1996 to 29 January 2003 (Paper 776).

          2.45pm Mr Wood to Mr Ah Kit.
          2.48pm Ms Carter to Mrs Aagaard.
          2.50pm Mr Bonson to Mr Stirling.
          2.55pm Ms Carter to Mrs Aagaard.

          The Member for Port Darwin (Ms Carter) seeking leave to move a motion to suspend so much of Standing Orders to move a motion censuring the Minister for Health and Community Services (Mrs Aagaard) –
          The Leader of government Business (Mr Henderson) informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.

          The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.

      10. CENSURE OF MINISTER FOR HEALTH AND COMMUNITY SERVICES – MOTION NEGATIVED:
          The Member for Port Darwin (Ms Carter) thereupon moved - That this Assembly censure the Minister for Health and Community Services because of:

          1. The Minister’s total inability to exercise her responsibility as a Minister in relation to expending of Territory moneys;

          2. The Minister’s inability to tell the truth, for example the Minister said last week that every day of the week people come to her to seek funding and she tells them they must put a business case to her,
          which totally contradicts the Minister’s statement in the same interview that she is “quite removed from the decision making on funding”.

          3. The Minister presiding over, in the words of the Review in DHCS “a breakdown in management systems and control”;

          4. The Minister’s failure to implement strategies to achieve medium to long-term efficiencies since the Mini-Budget of 2001;

          5. The Minister’s misleading of this parliament when she told it that her department would come in on budget in 2001/02 and was online for 2002/03;

          6. The Minister’s misleading of this parliament as to why she dismissed the previous CEO of Department of Health and Community Sservices;

          7. The censoring of the Review Report in the two months it was in the Minister’s hands before a “final” version was publicly released;
      8. The Minister’s admission that she had no idea –
            (a) her department was employing an extra 150 people; and
                (b) that there was no money appropriated to pay their wages and salaries;
            9. The continuing delay in opening the redevelopment of Royal Darwin Hospital;

            10. The abandonment of the Minister’s promise to introduce radiation oncology services;

            11. The abandonment of the Minister’s promise to have a stand-alone hospice;

            12. The Minister’s abandonment of the private wing at Alice Springs Hospital;

            13. The need to abandon Labor promises and commitments because of the Minister’s inept management; and

            14. The need to cut the delivery of vital health services because of the mis-spending over which the Minister has presided.

            Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –
        Excerpts of job vacancies, Northern Territory News, 18 January, 25 January, 1 February, 8 February and 15 February 2003 (Paper 778).

            Debate continued.
            The Minister for Health and Community Services (Mrs Aagaard) moved – That the question be now put.
            Question - That the question be now put - put.
            The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

            AYES, 13 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

            And so it was resolved in the affirmative.
            Question - That the motion be agreed to - put.
            The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

            AYES, 10 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 Stirling
            Dr Toyne
            Mr Vatskalis

            Motion negatived accordingly.
        11. UNITED NATIONS RESOLUTION 1441 – MOTION AGREED TO:
            The Order of the day having been read for the resumption of debate on the motion of the Chief Minister, suspended earlier this day - That this Assembly:

            (a) support the pursuit of a peaceful resolution to the current crisis over Iraq disarmament;
            (b) call on Iraq to fully comply with United Nations Resolution 1441 and give up its weapons of mass destruction, allowing international weapons inspectors to complete their task;
            (c) fully supports the Australian Defence Force personnel in the Persian Gulf and surrounds, recognising their willingness to serve our nation, and prays for their safe return to their families; and

            (d) call on the Prime Minister John Howard to only commit Australian Defence Force personnel to combat as a part of United Nations sponsored coalition.

            And an amendment moved thereto by the Leader of the Opposition (Mr Burke) moved the following amendment –

            Omit paragraph (d) and insert in its stead –

            “(d) support the Australian, United States and United Kingdom governments who have demonstrated a unity of purpose to deal with Iraq’s defiance of the United Nations and its continuing threat to world peace.”.
            Debate resumed.
            Question - That the amendment be agreed to - put.
            The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

            AYES, 10 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 Stirling
            Dr Toyne
            Mr Vatskalis

            Amendment negatived accordingly.
            Question – That the motion be agreed to – put and passed.

        12. SUPERANNUATION AMENDMENT BILL 2002 (Serial 113), SUPERANNUATION GUARANTEE (SAFETY NET) AMENDMENT BILL 2002 (Serial 114), ADMINISTRATORS PENSIONS AMENDMENT BILL 2002 (Serial 117),
        SUPREME COURT (JUDGES PENSIONS) AMENDMENT BILL 2002 (Serial 115); and LEGISLATIVE ASSEMBLY MEMBERS’ SUPERANNUATION AMENDMENT BILL 2002 (Serial 116):
            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 ensued.
            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 Treasurer (Mr Stirling) the Bills were read a third time and passed to be proposed laws.

        13. REVIEW OF HEALTH AND COMMUNITY SERVICES – MINISTERIAL STATEMENT – STATEMENT NOTED:
            The Minister for Health and Community Services (Mrs Aagaard) made a statement relating to a government review of the Territory Health Services and its administration. (Paper 779)
            Mrs Aagaard moved – That the Assembly take note of the Statement.
            Debate ensued.
            Extension of time: The Member for Greatorex (Dr Lim) by leave, moved – That so much of Standing Orders be suspended as would prevent the Member for Drysdale (Mr Dunham) from completing his speech.
            Question put and passed.

            Debate continued.
            Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper -
        Letter, Mr John Elferink, Member for Macdonnell to Honourable Peter Toyne MLA, Minister for Central Australia, dated 5 February 2003 re Trust Fund to build a renal dialysis unit for Kintore (Paper 781).

            Debate continued.
            Question – put and passed.
        14. ADJOURNMENT:
            The Minister for Transport and Infrastructure (Mr Vatskalis) moved – That the Assembly do now adjourn.
            Debate ensued.
            Remuneration Tribunal: The Leader of the Opposition (Mr Burke) made a report to the Assembly pursuant to paragraph 9.2 of the Remuneration Tribunal Determination No.2 of 2002 - overseas travel entitlement.

            Debate continued.
            Paper tabled: The Member for Braitling (Mrs Braham), by leave, laid on the Table the following Paper –
        Carmichael’s Estate Valley – map showing sacred sites recorded as at 6 February 2003, dated 18 February 2003 (Paper 782).

            Debate continued.
            Paper tabled: The Minister for Local Government (Mr Ah Kit) laid on the Table the following Paper –
        Northern Territory Government Media Release by John Ah Kit re cheap politics as Elferink stirs unnecessary fears, dated 18 February 2002 (Paper 783).

            Debate continued.
            Question – put and passed.
            And the Assembly adjourned at 9.43pm on Tuesday 18 February 2003 until Wednesday 19 February 2003 at 11am, as advised by the Speaker earlier this day, pursuant to Sessional Order.
            PAPERS:
            The following Papers were deemed to have been presented on Tuesday 18 February 2003:

            Annual Reports:
            Aboriginal Areas Protection Authority, 2001/2002 (Paper 780)
            National Environment Protection Council, 2001/2002 (Paper 757)
            National Trust of Australia (Northern Territory), 2001/2002 (Paper 752)
            Northern Territory Electrical Workers and Contractors Licensing Board, 2001/2002 (Paper 753)
            Northern Territory Plumbers and Drainers Licensing Board, 2001/2002 (Paper 755)
            Public Trustee for the Northern Territory, 2001/2002 (Paper 754)
            Territory Insurance Office, 2001/2002 (Paper 756)

            Financial Statements:
            Auditor General’s Report to the Minister for Lands and Planning, Surveyors Board of the Northern Territory, year ended 30 June 2002 (Paper 747)
            Auditor-General’s Report to the Minister for Corporate and Information Services, Information Technology Management Services, year ended 30 June 2002 (Paper 748)
            Auditor-General’s Report to the Minister for Corporate and Information Services, Government Printing Office, year ended 30 June 2002 (Paper 749)
            Auditor-General’s Report to the Minister for Corporate and Information Services, NT Fleet, year ended 30 June 2002 (Paper 750)

            Regulations 2002:
            No. 49, Amendments of Small Claims Rules (Paper 760)
            No. 50, Amendment of Local Court Rules (Paper 761)
            No. 55, Unit Title Regulations (Paper 762)
            No. 56, Amendment of Registration Regulations (Paper 763)
            No. 57, Consumer Affairs (Product Safety Standards) Regulations (Paper 764)
            No. 58, Amendment of Kava Management Regulations (Paper 765)
            No. 59, Tobacco Control Regulations (Paper 766)
            No. 61, Amendments of Supreme Court Rules (Paper 767)
            No. 62, Swimming Pool Fencing Regulations (Paper 768)

            Regulations 2003:
            No. 01, Amendment of Legislative Assembly (Powers and Privileges) Regulations (Paper 769)
            No. 02, Amendment of Stock Diseases Regulations (Paper 770)
            No. 03, Amendment of Housing Assistance Schemes Regulations (Paper 771)
            No. 04, Amendment of Housing Assistance Schemes Regulations (Paper 772)
            No. 05, Amendment of Education (Board of Studies) Regulations (Paper 773)
            ATTENDANCE
            All Members attended the sittings.
      Last updated: 04 Aug 2016