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Minutes of Proceedings - 2002-11-27

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

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
      The Speaker laid on the Table Message No. 10 from His Honour the Administrator advising of his assent to proposed laws passed by the Assembly during the October 2002 sittings which read as follows:
      Message No. 10
      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:

      9 October 2002
        Appropriation Act 2002-2003 (No. 48 of 2002)
        Financial Management Amendment Act 2002 (No. 49 of 2002)
        10 October 2002
          Taxation (Administration) Amendment Act 2002 (No. 50 of 2002)
          Stamp Duty Amendment Act 2002 (No. 51 of 2002)
          Pay-roll Tax Amendment Act (No. 2) 2002 (No. 52 of 2002)
          Mineral Royalty Amendment Act 2002 (No. 53 of 2002)
          Debits Tax Amendment Act 2002 (No. 54 of 2002)
          Gaming Control Amendment Act 2002 (No. 56 of 2002)
          Gaming Machine Amendment Act 2002 (No. 55 of 2002)
          18 October 2002
            Crimes (Victims Assistance) Amendment Act 2002 (No. 57 of 2002)
            7 November 2002
              Private Hospitals and Nursing Homes Amendment Act 2002 (No. 58 of 2002)
              Statute Law Revision Act (No. 2) 2002 (No. 59 of 2002)
              Education Amendment Act 2002 (No. 60 of 2002)
              Community Welfare Amendment Act 2002 (No. 61 of 2002)
              8 November 2002
                Information Act 2002 (No. 62 of 2002)
                Ombudsman (Northern Territory) Amendment Act 2002 (No. 63 of 2002)
                Health and Community Services Complaints Amendment Act 2002 (No. 64 of 2002)
                Dated 21st November 2002


                J C Anictomatis
                Administrator (Paper 717)
            4. PETITION:
                Response to Petitions: The Clerk, pursuant to Standing Order 100A, advised that a response to petitions Nos. 17 and 19 had been received and circulated to Members (Paper 718). The text of the responses will be included in the Hansard record.
            5. MINISTERIAL REPORTS:
                AustralAsia Railway – line connection at Dunmurra: The Chief Minister (Ms Martin) reported on the proposed connection of the railway line between Katherine and Alice Springs at Dunmurra next week.
                Mr Burke responded thereto.
                Mr Wood responded thereto.
                Mrs Braham responded thereto.
                Ms Martin responded accordingly.

                Mobile Preschool Programs: The Minister for Education and Training (Mr Stirling) reported on an early childhood program for indigenous children.
                Mr Mills responded thereto.
                Mr Stirling responded accordingly.

                Public Liabilities and Personal Injuries: The Minister for Justice and Attorney-General (Dr Toyne) reported on the current status of public liability issues in Australia and advised that the government would be reconsidering its legislation in light of emerging issues.
                Mr Maley responded thereto.
                Dr Toyne responded accordingly.

                Brolga Awards 2002: The Minister for Tourism (Dr Burns) reported on the conduct of the Brolga Awards 2002 in Alice Springs.
                Ms Carney responded thereto.
                Dr burns responded accordingly.

                Ministerial Reports noted, pursuant to Sessional Order.
            6. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT COMMITTEE – ESTABLISHMENT OF COMMITTEE – MOTION AGREED TO:
                The Minister for Environment and Heritage (Dr Burns) moved –
                That, during the present session of the Assembly –

                1. A Sessional Committee to be known as the Environment and Sustainable Development Committee be appointed.

                2. Unless otherwise ordered, the membership of the Committee comprise three members to be nominated by the Chief Minister, two members to be nominated by the Leader of the Opposition and one independent member and that the Committee shall elect a government member as Chair.

                3. The Committee shall be empowered, unless otherwise ordered, to inquire into and from time to time report upon and make recommendations on matters referred to it by the relevant minister or resolution of the Legislative Assembly any matter concerned:
                    (a) with the environment or how the quality of the environment might be protected or improved;

                    (b) with the sustainable development of the Northern Territory.
                4. The Committee be empowered to send for persons, papers and records, to sit in public or in private session notwithstanding any adjournment of the Assembly, to adjourn from place to place and have leave to report from time to time its proceedings and the evidence taken and make such interim recommendations as it may deem fit, and to publish information pertaining to its activities from time to time;

                5. The Committee be empowered to consider, disclose and publish the minutes of proceedings, evidence taken and records of similar committees appointed in previous Assemblies;

                6. The Committee be empowered to publish from day to day such papers and evidence as may be ordered by it and, unless otherwise ordered by the Committee, a daily Hansard be published of such proceedings as do take place in public; and

                7. The Committee have power to appoint subcommittees consisting of 2 or more of its members and to refer to any such subcommittee any matter which the Committee is empowered to examine and that the quorum of a subcommittee shall be 2.

                8. The foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

                Debate ensued.
                The Member for Daly (Mr Baldwin) moved – That the motion be amended by inserting in paragraph 3, after “matter” the words “including those”.

                Debate continued.
                Debate suspended.
                ––––––––––––––––––
                Suspension of sittings: The sittings of the Assembly was suspended between 12 Noon and 2pm.
                ––––––––––––––––––
            7. NOTICES:
                The following Notices were given:
                Mr Henderson: To present the Police Administration Amendment Bill (No. 2) 2002 (Serial 119).
                Mr Henderson: To present the Petroleum Amendment Bill 2002 (Serial 121).
            8. QUESTIONS:
                2pm Mr Dunham to Mrs Aagaard.
                2.05pm Mr Kiely to Ms Martin.
                2.10pm Mr Mills to Mr Stirling.
                2.16pm Ms Scrymgour to Mr Stirling.
                2.23pm Mr Wood to Dr Burns.
                2.26pm Mr Bonson to Mr Henderson.
                Paper tabled: The Minister for Business, Industry and Resource Development (Mr Henderson) laid on the Table the following Paper –
            Written Question Paper, dated 26 November 2002 (Paper 728).

                2.36pm Dr Lim to Mrs Aagaard.
                2.40pm Mr Bonson to Mr Ah Kit.
                2.46pm Ms Carter to Mrs Aagaard.
                2.47pm Dr Lim to Mrs Aagaard.
                2.50pm Ms Scrymgour to Mr Stirling.
                2.53pm Mr Wood to Mr Vatskalis.
                2.54pm Mr Elferink to Mr Stirling.
                Paper tabled: The Minister for Education, Training and Employment (Mr Stirling) laid on the Table the following Paper –
            National numeracy and reading benchmarks for Northern Territory schools (Paper 729).

                The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
            9. FURTHER NOTICE:
                The following further notice was given, by leave:
                Dr Toyne: To present the Statute Law Revision Bill (No. 3) 2002 (Serial 118).
            10. PERSONAL EXPLANATION:
                The Member for Goyder (Mr Maley) advised members that questions asked in his name reflect those of his constituency and not necessarily his own personal views.
            11. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT COMMITTEE – ESTABLISHMENT OF COMMITTEE – MOTION AGREED TO:
                The Order of the Day having been read for the resumption of the debate on the suspended motion and amendment moved by the Member for Daly (Mr Baldwin)-
                That, during the present session of the Assembly –

                1. A Sessional Committee to be known as the Environment and Sustainable Development Committee be appointed.

                2. Unless otherwise ordered, the membership of the Committee comprise three members to be nominated by the Chief Minister, two members to be nominated by the Leader of the Opposition and one independent member and that the Committee shall elect a government member as Chair.

                3. The Committee shall be empowered, unless otherwise ordered, to inquire into and from time to time report upon and make recommendations on matters referred to it by the relevant minister or resolution of the Legislative Assembly any matter concerned:
                    (a) with the environment or how the quality of the environment might be protected or improved;

                    (b) with the sustainable development of the Northern Territory.
                4. The Committee be empowered to send for persons, papers and records, to sit in public or in private session notwithstanding any adjournment of the assembly, to adjourn from place to place and have leave to report from time to time its proceedings and the evidence taken and make such interim recommendations as it may deem fit, and to publish information pertaining to its activities from time to time;

                5. The Committee be empowered to consider, disclose and publish the minutes of proceedings, evidence taken and records of similar committees appointed in previous Assemblies;

                6. The Committee be empowered to publish from day to day such papers and evidence as may be ordered by it and, unless otherwise ordered by the Committee, a daily Hansard be published of such proceedings as do take place in public; and

                7. The Committee have power to appoint subcommittees consisting of 2 or more of its members and to refer to any such subcommittee any matter which the Committee is empowered to examine and that the quorum of a subcommittee shall be 2.

                8. The foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

                And proposed amendment to the motion moved by the Member for Daly (Mr Baldwin) – Inserting in paragraph 3, after “matter” the words “including those”.

                Debate resumed.
                Question - That the amendment, moved by Mr Baldwin, be agreed to - put.
                The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

                AYES, 11 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 Wood Mr Stirling
                Dr Toyne
                Mr Vatskalis

                Amendment negatived accordingly.
                Question – That the main motion be agreed to - put.
                The Member for Nelson (Mr Wood ), by leave, moved - That the motion be amended by inserting in paragraph 3(a), after “environment” (twice occurring) the words “and heritage”.

                Debate ensued.
                Question - That the amendment, moved by Mr Wood, be agreed to - put.
                The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

                AYES, 11 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 Wood Mr Stirling
                Dr Toyne
                Mr Vatskalis

                Amendment negatived accordingly.
                Question – That the motion be agreed to – put and passed.
            12. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT COMMITTEE – REFERENCES TO COMMITTEE, CANE TOADS AND ENVIRONMENTAL PROTECTION AGENCY – MOTION AGREED TO:
                The Minister for Environment and Heritage (Dr Burns), pursuant to notice, moved –

                That the Environment and Sustainable Development Committee inquire into and report on the following two references –

                1. The efficacy of the establishment of an Environmental Protection Agency for the Northern Territory inclusive of but not restricted to –

                    (a) arguments for and against the establishment of an Environmental Protection Agency for the Northern Territory;

                    (b) options for the structure of an Environmental Protection Agency, taking account of the demographic, geographic and financial context of the Northern Territory;
                    (c) and if a particular model is recommended, options for its staged introduction.

                2. Issues associated with the progressive entry into the Northern Territory of cane toads.

                Debate ensued.
                Question – put and passed.

            13. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT COMMITTEE – COMMITTEE MEMBERSHIP:
                The Minister for Business, Industry and Resource Development (Mr Henderson), on behalf of and at the request of the Chief Minister (Ms Martin), nominated the following Members to serve on the Environment and Sustainable Development Committee –
            The Member for Karama (Ms Lawrie);
            The Member for Barkly (Mr McAdam); and
            The Member for Millner (Mr Bonson).

            14. STANDING ORDERS COMMITTEE – COMMITTEE MEMBERSHIP:
                The Leader of Government Business (Mr Henderson) moved – That the Member for Nhulunbuy (Mr Stirling ) be discharged from further service on the Standing Orders Committee and the Member for Wanguri (Mr Henderson) be appointed in his stead.
                Question – put and passed.

            15. ENVIRONMENT AND SUSTAINABLE DEVELOPMENT COMMITTEE – COMMITTEE MEMBERSHIP:
                The Leader of the Opposition (Mr Burke) nominated the following Members to serve on the Environment and Sustainable Development Committee –
            The Member for Daly (Mr Baldwin); and
            The Member for Drysdale (Mr Dunham).
              16. SUPERANNUATION AMENDMENT BILL 2002 (Serial 113), SUPERANNUATION GUARANTEE (SAFETY NET) AMENDMENT BILL 2002 (Serial 114), SUPREME COURT (JUDGES PENSIONS) AMENDMENT BILL 2002 (Serial 115), LEGISLATIVE ASSEMBLY MEMBERS’ SUPERANNUATION AMENDMENT BILL 2002 (Serial 116) and ADMINISTRATORS PENSIONS AMENDMENT BILL 2002 (Serial 117):
                  Suspension of Standing Orders: The Treasurer (Mr Stirling), pursuant to notice, moved - That so much of the Standing Orders be suspended as would prevent Bills entitled Superannuation Amendment Bill 2002 (Serial 113), Superannuation Guarantee (Safety Net) Amendment Bill 2002 (Serial 114), Supreme Court (Judges Pensions) Amendment Bill 2002 (Serial 115), Legislative Assembly Members’ Superannuation Amendment Bill 2002 (Serial 116) and Administrators Pensions Amendment Bill 2002 (Serial 117) -

                  (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.
                  Mr Stirling, pursuant to notice, respectively, presented a Bill for an Act to amend the Superannuation Act, a Bill for an Act to amend the Superannuation Guarantee (Safety Net) Act, a Bill for an Act to amend the Supreme court (Judges Pensions) Act, a Bill for an Act to amend the Legislative Assembly Members’ Superannuation Amendment Act, and a Bill for an Act to amend the Administrators Pensions Act.
                  Bills read a first time.
                  Mr Stirling moved – That the Bills be now read a second time.
                  Debate ensued.
                  On the motion of the Member for Katherine (Mr Reed) debate was adjourned.
              17. TRADE MEASUREMENT AMENDMENT BILL 2002 (Serial 110) and TRADE MEASUREMENT ADMINISTRATION AMENDMENT BILL 2002 (Serial 111):
                  Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent Bills entitled Trade Measurement Amendment Bill 2002 (Serial 110) and Trade Measurement Administration Amendment Bill 2002 (Serial 111) -

                  (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.
                  Dr Toyne, pursuant to notice, respectively, presented a Bill for an Act to amend the Trade Measurement Act and a Bill for an Act to amend the Trade Measurement Administration 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.
              18. NORTHERN TERRITORY ABORIGINAL SACRED SITES AMENDMENT BILL 2002 (Serial 120):
                  The Minister assisting the Chief Minister on Indigenous Affairs (Mr Ah Kit), pursuant to notice, presented a Bill for an Act to amend the Northern Territory Aboriginal Sacred Sites Act.
                  Bill read a first time.
                  Suspension of Standing Orders – Pass Bill through all stages: Mr Ah Kit, pursuant to notice, moved – That so much so Standing Orders be suspended as would prevent the Northern Territory Aboriginal Sacred Sites Amendment Bill 2002 (Serial 120) passing through all stages at this sittings.
                  Question – put an passed.
                  Mr Ah Kit moved – That the Bill be now read a second time.
                  Debate ensued.
                  On the motion of the Member for Macdonnell (Mr Elferink) debate was adjourned.
              19. COMMERCIAL PASSENGER (ROAD) TRANSPORT AMENDMENT BILL 2002 (Serial 112):
                  The Minister for Transport and Infrastructure Development (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to amend the Commercial Passenger (Road) Transport Act.
                  Bill read a first time.
                  Mr Vatskalis moved – That the Bill be now read a second time.
                  Debate ensued.
                  On the motion of the Member for Greatorex (Dr Lim) debate was adjourned.

              20. MOTOR ACCIDENTS (COMPENSATION) AMENDMENT BILL 2002 (Serial 102):
                  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)

                  Bill, by leave, taken as a whole.
                  Debate ensued.
                  Bill, as printed, 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.
                  On the motion of the Treasurer (Mr Stirling) the Bill was read a third time and passed to be a proposed law.
              21. CROWN PROCEEDINGS AMENDMENT BILL 2002 (Serial 100):
                  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.
                  Leave granted for a motion for the third reading of the Bill to be moved forthwith.
                  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.
              22. ASSOCIATIONS INCORPORATION AMENDMENT BILL 2002 (Serial 97):
                  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.
                  Leave granted for a motion for the third reading of the Bill to be moved forthwith.
                  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.
              23. AERODROMES ACT REPEAL BILL 2002 (Serial 98):
                  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.
                  Leave granted for a motion for the third reading of the Bill to be moved forthwith.
                  On the motion of the Minister for Transport and Infrastructure Development (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
              24. NORTHERN TERRITORY PARKS AND RESERVES – MINISTERIAL STATEMENT – STATEMENT NOTED:
                  The Chief Minister (Ms Martin) made a statement relating to recent government initiatives concerning Northern Territory Parks and Reserves.
                  Ms Martin moved – That the Assembly take note of the Statement.
                  Debate ensued.
                  Question – put and passed.
              25. ADJOURNMENT:
                  The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
                  Debate ensued.
                  Question – put and passed.
                  And the Assembly adjourned at 10.28pm until Thursday 28 November 2002 at 10am.
                  PAPERS
                  The following Papers were deemed to have been presented on Wednesday 27 November 2002 –

                  Annual Reports:
                  Community Visitor Program, Northern Territory, 2001/2002 (Paper 721)
                  Northern Territory Grants Commission, 2001/2002 (Paper 722)
                  Surveillance Devices Act, 2001/2002 (Paper 727)

                  Coroners Act:
                  In the matter of Coroner’s Finding and Recommendations into the death of Janet Anne Palmer, pursuant to section 46B, dated 26 November 2002 (Paper 723)
                  In the matter of Coroner’s Finding and Recommendations into the death of Bich Thu Ngo, pursuant to section 46B, dated 24 November 2002 (Paper 724)
                  In the matter of Coroner’s Finding and Recommendations into the death of Uriel Elizabeth Rosaline Johnson, pursuant to section 46B, dated 24 November 2002 (Paper 725)
                  In the matter of Death in Custody – Prisoner David John Pendergast, Implementation Status of Inquest Recommendations, pursuant to section 46B, dated 26 November 2002 (Paper 726)
                  ATTENDANCE
                  All Members attended the sittings.
              Last updated: 04 Aug 2016
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