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Department of the Legislative Assembly, Northern Territory Government

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Minutes of Proceedings - 2004-10-14

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

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR No. 26:
      The Speaker advised honourable members that the following Message had been received from His Honour the Administrator:
Message No. 26

I, EDWARD JOSEPH EGAN, the Administrator of the Northern Territory of Australia, pursuant to section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to provide for the making of superannuation contributions for certain members of the Legislative Assembly elected or re-elected after the commencement of the Act, and for other purposes.

Dated 12 October 2004.

(Sgd) TED EGAN
Administrator
(Paper 1503)

4. PETITIONS:
      The Leader of the Opposition (Mr Mills) presented a petition from 1101 petitioners requesting that Lot 7.6 of Gunn be zoned for Conservation for land use purposes. (Paper 1504)
      Petition read.
5. MINISTERIAL REPORTS:
      Community Harmony Project: The Minister for Community Development (Mr Ah Kit) reported on the return to home program for itinerants.
      Mr Elferink responded thereto.
      Mr Ah Kit responded accordingly.

      Renal Services: The Minister for Health (Dr Toyne) reported on the achievements and expansion of Renal Services across the Territory.
      Ms Carney responded thereto.
      Dr Toyne responded accordingly.

      Down Syndrome Week: The Minister for Family and Community Services (Ms Scrymgour) reported on the celebration of Down Syndrome awareness week in the Territory and those events and programs being conducted.
      Ms Carter responded thereto.
      Ms Scrymgour responded accordingly.

      Myilly Point Development: The Minister for Lands and Planning (Dr Burns) reported on the progress in planning for the development of the Myilly Point precinct.
      Mr Dunham responded thereto.
      Dr Toyne responded accordingly.

      Ministerial Reports noted, pursuant to Sessional Order.

6. LEGISLATIVE ASSEMBLY MEMBERS’ SUPERANNUATION CONTRIBUTIONS BILL 2004 (Serial 256) and LEGISLATIVE ASSEMBLY MEMBERS’ SUPERANNUATION AMENDMENT (SCHEME CLOSURE) BILL 2004 (Serial 257):
      Suspension of Standing Orders: The Chief Minister (Ms Martin), pursuant to notice, moved – That so much of Standing Orders be suspended as would prevent Bills entitled - Legislative Assembly Members’ Superannuation Contributions Bill 2004 (Serial 256) and Legislative Assembly Members’ Superannuation Amendment (Scheme Closure) Bill 2004 (Serial 257) -

      (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.
      The Chief Minister (Ms Martin), pursuant to notice, presented a Bill for an Act to provide for the making of superannuation contributions for certain members of the Legislative Assembly elected or re-elected after the commencement of this Act, and for other purposes – the subject of His Honour the Administrator’s Message No. 26, notified earlier this day; and a Bill for an Act to amend the Legislative Assembly Members’ Superannuation Act.
      Bills read a first time.
      Ms Martin moved – That the Bills be now read a second time.
      Debate ensued.
      On the motion of the Member for Blain (Mr Mills) debate was adjourned.
7. SUPERANNUATION AMENDMENT BILL 2004 (Serial 255):
      The Treasurer (Mr Stirling), pursuant to notice, presented a Bill for a Act to amend the definition of “eligible employee” in section 3(1) of the Superannuation Act, to remove doubt about the validity of a declaration made pursuant to section 3(2) of that Act, and for related purposes.
      Bill read a first time.
      Mr Stirling 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.
8. WORK HEALTH AMENDMENT BILL 2004 (Serial 248):
      The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
      Bill read a first time.
      Mr Stirling 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.

9. CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) BILL 2004 (Serial 259):
      The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to secure payments under construction contracts and provide for the adjudication of disputes about payments under construction contracts, and for related purposes.
      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 Araluen (Ms Carney) debate was adjourned.
10. BUILDING AMENDMENT BILL 2004 (Serial 260):
      The Minister for Transport and Infrastructure (Dr Burns), pursuant top notice, presented a Bill for an Act to amend the Building Act.
      Bill read a first time.
      Dr Burns moved – That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Member for Drysdale (Mr Dunham) debate was adjourned.

11. AUDITOR-GENERAL’S AUGUST 2004 REPORT TO THE LEGISLATIVE ASSEMBLY – REPORT NOTED:
      The Order of the Day having been read for the resumption of debate on the question, adjourned 17 August 2004 – That the Assembly take note of the Report –
      Debate resumed.
      _____________

      Suspension of sittings: The sittings of the Assembly was suspended between 12.09 and 2.15pm.
      _____________

12. NOTICES:
      Mr Wood: To move – That the government investigate and independently or in partnership construct and manage in appropriate regional areas of the Northern Territory low security correctional and rehabilitation centres suitable for, but not exclusively, juvenile offenders, low risk prisoners and people affected by substance abuse.
13. MEMBERS BEHAVIOUR – STATEMENT BY SPEAKER:
      The Speaker (Mrs Braham) reported on the unacceptable standard of Member’s behaviour and tenor of debate this week.
14. QUESTIONS:
      2.17pm Ms Carter to Ms Scrymgour.
      2.18pm Mr Bonson to Mr Henderson.
      2.21pm Ms Carter to Ms Scrymgour referred to Mr Vatskalis.
      2.22pm Mrs Aagaard to Dr Burns.
      Paper tabled: The Minister for Lands and Planning (Dr Burns) laid on the Table the following Paper -
Construction Industry Reform, Fact Sheet No. 2 – About residential builders’ registration and home warranty insurance (Paper 1505).

      2.25pm Ms Carter to Mr Vatskalis.
      2.30pm Mr Kiely to Dr Toyne.
      2.33pm Mr Wood to Ms Martin.
      2.35pm Ms Carter to Ms Scrymgour.
      2.38pm Ms Lawrie to Mr Stirling.
      2.42pm Dr Lim to Mr Stirling.
      2.47pm Mr McAdam to Mr Henderson.
      2.51pm Mr Burke to Mr Henderson.
      Paper tabled: The Minister for Business and Industry (Mr Henderson) laid on the Table the following Paper –
Country Liberal Party Vision Statement and Slogans, 30 September 2004 (Paper 1507).

      2.55pm Mr Bonson to Dr Toyne.
      2.57pm Mr Wood to Dr Toyne.
      2.59pm Mr Elferink to Mr Ah Kit.
      Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper -
Apprehensions 1999 to 2004 (Paper 1506).

      3.03pm Mr McAdam to Mr Stirling.
      3.06pm Dr Lim to Mr Stirling.
      3.11pm Ms Lawrie to Ms Martin.

      The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Questions Paper.
15. AUDITOR-GENERAL’S AUGUST 2004 REPORT TO THE LEGISLATIVE ASSEMBLY – REPORT NOTED:
      The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Assembly take note of the Report –
      Debate resumed.
      Question – put and passed.
16. CRIMINAL CODE AMENDMENT (CHILD ABUSE MATERIAL) BILL 2004 (Serial 253):
      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 eof the Whole for consideration of the Bill.
      __________
      In Committee
      (Deputy Chair – Ms Lawrie)

      Bill, by leave, taken as a whole.
      Debate ensued.
      Point of Order: The Deputy Chair of Committees (Ms Lawrie) having requested the Member for Goyder (Mr Maley) to withdraw the words “clumsy response” as part of his debate –
      Dissent from ruling of Deputy Chair - negatived: The Member for Macdonnell (Mr Elferink) moved dissent from the ruling of the Deputy Chair of Committees to withdraw the offending words “clumsy response” and accept the decision of the Deputy Chair (Paper 1531).
      Mr Elferink thereupon submitted his dissent in writing which was seconded by the Member for Goyder (Mr Maley) -
      Question - That the motion be agreed to - put.
      The Assembly divided (the Deputy Chair, Ms D. P. Lawrie, in the Chair) -

      AYES, 11 NOES, 12

      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 Martin
      Mr Maley Mr McAdam
      Mrs Miller Ms Scrymgour
      Mr Mills Mr Stirling
      Mr Wood Dr Toyne
      Mr Vatskalis

      Motion negatived accordingly.

      Debate continued.
      Bill, as printed, agreed to.
      Bill to be reported without amendment.
      _____________
      The Assembly resumed; the Speaker took the Chair; the Deputy Chair of the Committee (Ms Lawrie) reported the Bill without amendment; and the report was adopted.
      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.
17. NORTHERN TERRITORY ELECTORAL COMMISSION ANNUAL REPORT 2003/2004 – REPORT PRINTED – MOTION TO NOTE REPORT:
      The Speaker laid on the Table the Northern Territory Electoral Commission Annual Report 2003/2004 (Paper 1532).
      Mr Henderson moved – The Report be printed.
      Question – put and passed.
      Mr Henderson moved – That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
      Question – put and passed.
      Debate adjourned.
18. TREASURER’S ANNUAL FINANCIAL REPORT 2003/2004 – REPORT TABLED – MOTION TO NOTE REPORT:
      The Treasurer (Mr Stirling) presented the Treasurer’s Annual Financial Report for the year ended 30 June 2004 (Paper 1530).
      Mr Stirling made a statement relating thereto and moved – That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
      Question – put and passed.
      Debate adjourned.
19. PETROL SNIFFING IN REMOTE NORTHERN TERRITORY COMMUNITIES, SELECT COMMITTEE ON SUBSTANCE ABUSE IN THE COMMUNITY – REPORT TABLED – REPORT PRINTED – REPORT NOTED:
      The Chair of the Select Committee on Substance Abuse in the Community (Mrs Aagaard) presented a report into Petrol Sniffing in Remote Northern Territory Communities, dated 14 October 2004 (Paper 1533).
      Mrs Aagaard made a statement relating thereto.
      Mrs Aagaard moved – That the Report be printed.
      Question – put and passed.
      Mrs Aagaard moved – That the Assembly take note of the Report.
      Debate ensued.
      Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper -
Opposition Position Paper, NT Country Liberal Party – Tackling Sniffing in the Territory (Paper 1534).

      Debate continued.
      Question – put and passed.
20. NEXT MEETING:
      The Leader of Government Business (Mr Henderson) moved - That the Assembly at its rising adjourn until Tuesday 30 November 2004 at 10am or such other time and /or date as may be set by the Speaker, pursuant to Sessional Order.
      Question – put and passed.
21. ADJOURNMENT:
      The Minister for Primary Industry and Fisheries (Mr Vatskalis) moved – That the Assembly do now adjourn.
      Debate ensued.
      Question – put and passed.
      And the Assembly adjourned at 9.12pm, until Tuesday 30 November 2004 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
–––––––––––––––––
      PAPERS:
      The following Papers were deemed to have been presented on Thursday 14 October 2004 –

      Annual Reports:
      Alice Springs Hospital Management Board, 2003/2004 (Paper 1515)
      Department of Health and Community Services, 2003/2004 (Paper 1511)
      Department of Justice, 2003/2004 (Paper 1519)
      Department of the Chief Minister, 2003/2004 (Paper 1517)
      Desert Knowledge Australia, 2003/2004 (Paper 1529)
      Director of Public Prosecutions, 2003/2004 (Paper 1518)
      Katherine Hospital Management Board, 2003/2004 (Paper 1512)
      Menzies School of Health Research, 2003 (Paper 1523)
      Northern Territory Anti-Discrimination Commission, 2003/2004 (Paper 1521)
      Northern Territory Government and Public Authorities’ Superannuation Scheme, 2003/2004 (Paper 1510)
      Northern Territory Treasury, 2003/2004 (Paper 1509)
      Office of the Information Commissioner, Northern Territory, 2003/2004 (Paper 1520)
      Power and Water Corporation, 2003/2004 (Paper 1508)
      The Lands and Mining Tribunal, 2003/2004 (Paper 1522)

      Financial Statements
      Menzies School of Health Research, year ended 31 December 2003 (Paper 1524)
      Northern Territory Auditor-Generals Office for year ended 30 June 2004 (Paper 1525)

      Government Owned Corporations Act
      Direction, pursuant to section 30, signed Minister for Essential Services, dated 5 October 2004 (Paper 1528)

      Hospital Management Boards:
      Gove District Hospital Management Board, 2003/2004 (Paper 1514)
      Royal Darwin Hospital Management Board, 2003/2004 (Paper 1513)
      Tennant Creek Hospital Management Board, 2003/2004 (Paper 1516)

      Regulations 2004
      No. 31, Desert Knowledge Australia Regulations (Paper 1526)
      No. 33, Teacher Registration (Northern Territory) Regulations (Paper 1527)
–––––––––––––––––
      ATTENDANCE:
      All Members attended the sitting.

      Ian McNeill
      Clerk of the Legislative Assembly
Last updated: 04 Aug 2016
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