Minutes of Proceedings - 2002-10-08
1. MEETING:
2. PRAYERS.
3. MESSAGE FROM ADMINISTRATOR:
7. MINISTERIAL REPORTS:
questions without notice and
supplementary questions;
13. QUESTIONS:
Chief Minister, dated 11 April 2001 (Paper 614).
Health and Community Services Complaints Amendment Bill 2002 (Serial 86), without amendment; and
Ombudsman (Northern Territory) Amendment Bill 2002 (Serial 87), without amendment.
15. DEFENCE EXPENDITURE, SUPPORT TO ECONOMY OF THE NORTHERN TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 19 September 2002. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MESSAGE FROM ADMINISTRATOR:
- The Speaker laid on the Table Message No. 9 from His Honour the Administrator advising of his assent to proposed laws passed by the Legislative Assembly during the August 2002 sittings as follows:
Message No. 9
Assent to Proposed Laws
Assent to Proposed Laws
I, JOHN CHRISTOPHER ANICTOMATIS, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
13 September 2002
- Auctioneers Act Repeal (Consequential Amendments) Act 2002 No. 40 of 2002
Auctioneers Act Repeal Act 2002 No. 39 of 2002
Consumer Affairs and Fair Trading Amendment Act 2002 No. 41 of 2002
Hotel-keepers Amendment Act 2002 No. 36 of 2002
Legal Practitioners Amendment (Community Legal Centres) Act 2002 No. 45 of 2002
Legal Practitioners Amendment (Mortgage Practices) Act 2002 No. 44 of 2002
Northern Territory Employment and Training Authority (Consequential Amendments) Act 2002 No. 47of 2002
Northern Territory Employment and Training Authority Amendment Act 2002 No. 46 of 2002
Pay-roll Tax Amendment Act 2002 No. 43 of 2002
Prices Regulation Amendment Act 2002 No. 37 of 2002
Statute Law Revision (Financial Provisions) Act 2002 No. 38 of 2002
Work Health Amendment Act (No. 2) 2002 No. 42 of 2002
J C ANICTOMATIS
Administrator (Paper 605)
- The Member for Goyder (Mr Maley), by leave, presented a petition No. 18 from 29 petitioners, not conforming with Standing Orders, relating to the Humpty Doo rubbish dump. (Paper 606)
The Member for Goyder (Mr Maley) presented a petition No. 20 from 335 petitioners seeking a commitment by the Northern Territory Government to a genetically modified free organisms state of the Northern Territory. (Paper 608)
The Member for Goyder (Mr Maley) presented a petition No. 19 from 1321 petitioners requesting the reinstatement of a 24 hour medical assessment service and 24 hour chemist be established for the Palmerston and rural area. (Paper 607)
- The Speaker advised Members of the death of Ms Dianna Mary Harris on 26 September 2002 and made a statement of condolence accordingly.
As a mark of respect Members stood in their places for one minute, in silence.
- The Speaker advised Members of the death on 4 October 2002 of Horace Guy Smith, former Clerk of the Legislative Assembly and officer of the Australian Senate.
The Chief Minister (Ms Martin), by leave, moved – That, this Assembly -
(1) express its deep regret at the death of Mr Horace Guy Smith and Mrs Jan Smith on 4 October 2002 and tender its profound sympathy to their families; and
(2) place on record its appreciation of Mr Smith’s meritorious and dedicated service as an officer of the Australian Senate and as Clerk of the Legislative Assembly. (Paper 612)
Ms Martin thereupon addressed the Assembly.
Debate ensued.
Motion agreed to.
Ordered – That the Clerk of the Assembly have leave to address the Assembly.
The Speaker (Mrs Braham), by leave, made a statement on behalf of former Members and officers of the Assembly.
As a mark of respect Members stood in their places for one minute, in silence.
7. MINISTERIAL REPORTS:
- AustralAsian Trade Routes, Development: The Chief Minister (Ms Martin) made a report on the strategic approaches to develop trade and economic opportunities between Australia and Asian countries.
Mr Burke responded thereto.
Ms Martin responded accordingly.
Secondary Education Review: The Minister for Employment, Education and Training (Mr Stirling) made a report on a proposed review of secondary education in the Territory schools.
Mr Mills responded thereto.
Mr Stirling responded accordingly.
Arafura Sports and Community Club: The Minister for Justice and Attorney-General (Dr Toyne) made a report on the state of the clubs financial position.
Mr Burke responded thereto.
Dr Toyne responded accordingly.
Information and Communications Technology Forum: The Minister for Business, Industry and Resource Development (Mr Henderson) made a report on the Information and Communications Technology Forum held in Darwin on 3 September 2002.
Dr Lim responded thereto.
Mr Henderson responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
- The Leader of Government Business (Mr Stirling), on behalf of the Chief Minister, pursuant to Standing Order 93, nominated Wednesday, 9 October 2002 as the next sitting day on which general Business will have precedence of Government Business.
Question – put and passed.
- The Minister for Justice and Attorney- General (Dr Toyne) laid on the Table Draft Regulations 2002 to the Information Bill 2002 (Serial 85) (Paper 613).
- 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.
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Suspension of sitting: The sittings of the Assembly was suspended between 11.59am and 2pm.
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- The Speaker laid on the Table a bible presented to her by Reverend Tony Davis, Minister for Frontier Services, at the Alice Springs Telegraph Station on the conclusion of the Last Camel Train, Year of the Outback activity. (Paper 611)
The Speaker made a statement relating thereto.
- Mr Burke to move –
That this House express its concern at the deliberate misleading of Territorians about how much of their money will be spent by the government, in particular, in such vital areas as education and health and call on the Government to –
1. apologise to Territorians for spending at least $60,000 of taxpayers’ money on brochures, advertisements etc that do not represent the true picture about how much money is being spent on such items as education and health;
- 2. acknowledge that the headline figures they have used are inflated by the use of book entries such as depreciation and state taxes – for example $527 million for health and $505 million for education have been inflated by more than $46 million for depreciation and more than $18 million in state taxes; and,
- 3. commit to publishing along with future budgets a transparent set of figures and an easily understood document that explains exactly to Territorians what the government will spend and on what.
Mr Burke to move –
That this House call on the government to urgently establish an independent review of police resources in view of the information revealed during the Estimates Committee hearing that:
1. the government has cut the actual numbers of police rather than increasing them as promised during the election campaign and since;
- 2. the government is only committed to having 799 police by June next year when there were 811 in June 2001;
- 3. there were only 761 sworn officers on August 31 this year compared to 811 in June 2001 (according to the Police, Fire and Emergency Services Annual Report 2000-01);
- 4. the government does not plan to exceed the numbers that existed on June 30 2001 for another two years;
- 5. the target outlined by the Police Minister of 830 police by June 2005 is an increase of 20 on the strength of 811 in June 2001 whereas the government has promised an increase of 50;
- 6. the government’s figures are based on an annual attrition rate of about 8 per cent a year (about 200 police over the next three years) and its recruitment policy will add only 219;
- 7. 50 police of the rank of constable or above left in 2001-02 and only 27 were recruited to replace them;
- 8. Alice Springs is short 16 police officers which along with leave, rostered days off etc leave it down by 54 officers on any day; and,
- 9. at least 12 other stations are presently under strength.
- 10. $2.8 million of carryover funding is part of the claimed increased Budget for police;
- 11. increased salary costs such as superannuation is part of the increased money provided to police to make the community safer;
- 12. the police budget has been cut by more than $2 million since the Mini-Budget;
- 13. the headline figure for the amount of money to be spent on actual policing this year includes such book entries $6.8 million on depreciation and $6.1 million on state taxes; and
Further, calls on the Minister to explain the contradiction between his evidence before the Estimates Committee that the police force is well under strength and the Commissioner’s reported comments that it is at strength.
Mr Burke to move –
1. That the Legislative Assembly of the Northern Territory establish a Review Panel comprising the Speaker, Chief Minister, Leader of the Opposition and the Member for Nelson to review the Estimates Committee process.
2. That the Review Panel takes into account, the following matters:
- (a) Retention of one Estimates Committee;
(b) Estimates Committee hearings be conducted outside designated parliamentary sitting days;
(c) Allocation of a full sitting day for each Minister, with the provision that the next Minister be called on if the preceding Minister finishes before his/her allocated time;
(d) The Estimates Committee sits between 9 am and 11.30pm each day;
(e) Questions may be put to each Minister as -
questions without notice and
supplementary questions;
- (f) All written answers be provided to Members of the Legislative Assembly at least three days prior to the hearings of the Estimates Committee with the relevant Minister;
(g) All questions and answers to be read into the Hansard;
(h) Generic questions across all agencies and outputs be given precedence over other questions;
(i) Questions of a similar nature asked by individual Members be grouped;
(j) Standing Orders relating to relevance of answers by Ministers be clearly defined specifically for the Estimates Committee.
13. QUESTIONS:
- 2.06pm Mr Burke to Ms Martin.
2.09pm Dr Burns to Ms Martin.
2.13pm Mr Burke to Ms Martin.
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
Chief Minister, dated 11 April 2001 (Paper 614).
- 2.22pm Mr Kiely to Ms Martin.
2.27pm Mr Burke to Dr Toyne.
2.29pm Mr Wood to Mr Vatskalis.
2.30pm Mr Bonson to Mr Stirling.
2.35pm Mr Burke to Mr Vatskalis.
2.37pm Ms Scrymgour to Ms Martin.
2.40pm Mr Burke to Dr Toyne.
2.45pm Mr Kiely to Mr Henderson.
2.47pm Mr Burke to Dr Toyne.
2.48pm Mr Wood to Dr Toyne.
2.49pm Mr McAdam to Mr Ah Kit.
2.53pm Mr Burke to Ms Martin.
2.58pm Ms Lawrie to Mrs Aagaard.
3.02pm Mr Burke to Ms Martin.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bills be now read a second time -
Debate resumed.
Extension of time: On the motion of the Member for Port Darwin (Ms Carter) an extension of time was granted to the Member for Brennan (Mr Burke).
Debate continued.
Question – put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
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In Committee
(Deputy Chairman Dr Burns)
In Committee
(Deputy Chairman Dr Burns)
Information Bill 2002 (Serial 85):
Clauses 1 to 44, by leave, taken together and agreed to.
Clause 45 read.
Mr Wood moved the following amendment –
Omit the whole of subclause (1)(a)(vi).
Debate ensued.
Amendment negatived.
Mr Wood moved the following further amendment –
Omit Subclause (1)(a)(vii).
Debate ensued.
Amendment negatived.
Clause 45, as printed, agreed to.
Clauses 46 to 51, by leave, taken together and agreed to.
Clause 52 read.
Mr Wood moved the following amendment –
Omit subclause (5)(e).
Debate ensued.
Amendment negatived.
Mr Wood moved the following further amendment -
Omit subclause (5)(f).
Debate ensued.
Amendment negatived.
Mr Wood moved the following further amendment -
Omit Subclause (5)(g).
Debate ensued.
Amendment negatived.
Clause 52, as printed, agreed to.
Clauses 53 to 62, by leave, taken together and agreed to.
Clause 63 read.
Mr Burke moved the following amendment -
Omit the words ”or body” and substitute “or body (other than the Commissioner)”.
Debate ensued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Deputy Chairman, Dr Burns, in the Chair) -
AYES, 11 NOES, 12
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carney Mr Bonson
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
Amendment negatived accordingly.
Clause 63, as printed, agreed to.
Clauses 64 to 85, by leave, taken together and agreed to.
Clause 86 read.
Mr Wood moved the following amendment –
Insert at the end –
“(3) The appointment of a person as the Information Commissioner does not take effect unless the Standing Committee on Legal and Constitutional Affairs established by the Legislative Assembly notifies the Minister that its members have unanimously approved the person's appointment.”.
Amendment negatived.
Clause 86, as printed, agreed to.
Clauses 87 to91, by leave, taken together and agreed to.
Clause 92 read.
Mr Wood moved the following amendment –
Insert at the end –
- “(4) The Minister must report the termination of a person as Commissioner to the Legislative Assembly on the first sitting day after the termination.
(5) The Minister's report under subsection (4) is to specify the reasons for the termination.”.
Amendment agreed to, after debate.
Clause 92, as amended, agreed to.
Clauses 93 to129, by leave, taken together and agreed to.
Clause 130 read.
Mr Elferink, by leave, moved – That section 130(1) be amended by omitting the words “on a question of law only”.
Debate ensued.
Amendment negatived.
Clause 130, as printed, agreed to.
Clauses 131 to 154, by leave, taken together and agreed to.
Clause 155 read.
Mr Elferink, by leave, moved the following amendment - Omit section 155.
Debate ensued.
Amendment negatived.
Clause 155, as printed, agreed to.
Remainder of Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
Health and Community Services Complaints Amendment Bill 2002 (Serial 86):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Ombudsman (Northern Territory) Amendment Bill 2002 (Serial 87):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; and the Chairman (Mr Wood) reported that the Committee had considered the Bills and agreed to the -
Health and Community Services Complaints Amendment Bill 2002 (Serial 86), without amendment; and
Ombudsman (Northern Territory) Amendment Bill 2002 (Serial 87), without 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.
15. DEFENCE EXPENDITURE, SUPPORT TO ECONOMY OF THE NORTHERN TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
- The Minister for Defence Support (Mr Henderson) made a statement relating to the contribution that Australian Defence forces make to the economy of the Northern Territory.
Mr Henderson moved – That the Assembly take note of the Statement.
Debate ensued.
Extension of time: On the motion of the Member for Greatorex (Dr Lim) the Member for Daly (Mr Baldwin) was granted an extension of time.
Debate continued.
Question – put and passed.
- The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
Debate ensued.
And the Assembly having sat until midnight.
Debate continued.Question – put and passed.
And the Assembly adjourned at 00.36am on Wednesday 9 October 2002 until today at 10am.
- PAPERS:
The following Papers were deemed to have been presented on Tuesday 8 October 2002:
Annual Report:
Education Advisory Committee, 2001 (Paper 609)
Financial Statement:
Auditor-General’s Office, year ended 30 June 2002 (Paper 610)
ATTENDANCE
All Members attended the sittings.
Last updated: 04 Aug 2016