Minutes of Proceedings - 2005-05-05
- The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. VISITORS:
- The Speaker advised Members of the presence in the public galleries of Bees Creek Primary School Year 4/5 and 5/6 students accompanied by Ms Wendy Williams, Ms Catherine Olssen, Ms Lesley Streeter, Ms Denise Ryan and Mr Dale Milne.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. CENSURE - GOVERNMENT AND CHIEF MINISTER, BUDGET 2005/2006 - MOTION NEGATIVED:
- Suspension of Standing Orders: The Leader of the Opposition (Mr Burke) in moving a motion to censure the Chief Minister and Government re the Budget 2005/2006 going through the Estimates Committee process.
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 the Opposition (Mr Burke) thereupon moved - That the Assembly censure the Government for lying to Territorians by refusing to confirm that this Budget 2005/2006 will go through the Estimates Process before the next Territory election and thereby failing to fulfil their 2001 election promise to provide open, honest and accountable government.
Debate ensued.
Paper tabled: The Minister for Business and Industry (Mr Henderson) laid on the Table the following Paper -
Debate continued.
The Leader of Government Business (Mr Henderson) moved - That the question be now put - put and passed.
Question - That the motion be agreed to - put and negatived.
- Darwin Airport Resort: The Chief Minister (Ms Martin) reported on the construction of the Darwin Airport Resort complex and its effect on Territory tourism.
Mr Burke responded thereto.
Ms Martin responded accordingly.
NT Health Direct: The Minister for Health (Dr Toyne) reported on the establishment of NT Health Direct call centre.
Ms Carney responded thereto.
Dr Toyne responded accordingly.
Heritage legislation review: The Minister for Heritage (Ms Scrymgour) reported on the conduct of a review of heritage legislation and reform of its administration.
Ms Carter responded thereto.
Mr Wood responded accordingly.
Ms Scrymgour responded accordingly.
Multicultural grants: The Minister for Multicultural Affairs (Mr Vatskalis) reported on multicultural harmony funding policy to ethnic organisations.
Mr Burke responded thereto.
Mr Vatskalis responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
6. NOTICES:
- The following notice was given:
Mr Henderson to move - That the Assembly adopt the following Terms of Reference for the Estimates Committee and Government Owned Corporations Scrutiny Committee:
ESTIMATES COMMITTEE 2005/2006
TERMS OF REFERENCE
- A. INTRODUCTION
1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed an Estimates Committee of the Legislative Assembly for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation Bill 2005/06.
2. That the Schedule to the Appropriation Bill 2005/06 and related budget documents be referred to the Estimates Committee for examination and report on proposed expenditure when the Bill has been presented.
3. That the Committee may not vote on but may examine and report on the proposed expenditure contained in the Bill by no later than 24 June, 2005.
4. That the Committee examine the proposed expenditure contained in the Bill by portfolio units in accordance with the Schedule and that the proposed expenditure be considered on an output by output basis for each portfolio unit.
5. That the Committee consider the Appropriation Bill and related Budget Papers. To the extent that transactions of other public sector entities are included in the Budget Papers, these transactions can be questioned by the Committee. This would apply to Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act. The Statement of Corporate Intent for the Power and Water Corporation for 2005-06 will be referred to the Government Owned Corporations Scrutiny Committee when it is tabled in the Parliament.
6. The membership of the Estimates Committee shall consist of the membership of the Public Accounts Committee.
7. The Chairman of the Public Accounts Committee shall be the Chairman of the Estimates Committee.
8. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.
9. Other Members of the Assembly may not vote on any matters before the Committee.
10. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.
11. Members may be substituted from time to time, subject to notification to the Chairman.
12. If a vacancy occurs in the membership of the Committee during its hearings, the Speaker may nominate a Member in substitution, but in so doing must have regard to the composition of the Committee as appointed by the Assembly.
13. The Committee may proceed with business despite a vacancy in its membership.
14. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.
15. The quorum of the Committee is to be 3 of the members of the Committee.
16. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.
C. SITTING TIMES
17. The Estimates Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.
18. Unless otherwise ordered by the Committee the Committee shall sit during the following periods:
- (a) on Tuesday 21 June, 2005 it commences at 8:30am and adjourns at 11.00pm;
(b) on Wednesday 22 June, 2005 it commences at 8.30am and adjourns at 11.00pm;
(c) on Thursday 23 June, 2005 commences at 8.30am and adjourns at 11.00pm; and
(d) the Committee may suspend the hearings from time to time.
19. The Estimates Committee may sit only when the Assembly is not sitting.
D. HEARING PROCEDURE
20. All hearings of the Estimates Committee are open to the public unless the Committee otherwise orders.
21. The Committee will consider proposed expenditure on an output by output basis, following procedures agreed to by the Estimates Committee in accordance with the other provisions of this Order and Standing Orders.
22. Unless the Committee otherwise determines, the Minister (or Speaker) may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.
23. Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.
24. The Minister (or Speaker) who has been asked for explanations may be assisted, where necessary, by officers in the provision of relevant information.
25. Officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.
26. Questions and explanations should be brief and avoid irrelevance and tedious repetition.
E. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION
27. The Minister (or Speaker) may advise the Estimates Committee that an answer to a question or part of a question will be provided later to the Committee.
- At that time the Chairman shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Minister (or Speaker) by the Committee Secretariat.
28. A Minister (or Speaker) may also give the Committee additional information about an answer given by them or on their behalf.
29. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.
F. HANSARD REPORT AND OTHER TABLED DOCUMENTS
30. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Estimates Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.
31. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee otherwise orders.
G. BROADCASTING AND TELEVISING OF PROCEEDINGS
33. Sound and vision broadcast and re-broadcast of the hearings of the Estimates Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
H. DISORDER
34. At an Estimates Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
35. A member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
36. If a Member persistently disrupts the business of the Committee:
- (a) The Chair may name the Member;
(b) If the Member named is a member of the Estimates Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
(c) If the Member named is not a member of the Estimates Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
38. If any objection is taken to a ruling or decision of the Chair:
- (a) The objection must be taken at once and stated in writing;
(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and
(c) The Estimates Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
I. REPORT OF ESTIMATES COMMITTEE
39. A report of the Estimates Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
40. When the Report of the Estimates Committee is presented it shall be taken into consideration forthwith, together with the Report of the Government Owned Corporations Scrutiny Committee.
41. The following time limits shall apply to consideration of the reports of the Committees on the question:
- "that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2005/06, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to the Statement of Corporate Intent for 2005-06, be noted."
Any other Member10 minutes,
The maximum period for consideration shall be 5 hours.
42. When the consideration of the reports of the Committees has been completed the following question is proposed and put forthwith:
- "that the remainder of the Bill be agreed to".
TERMS OF REFERENCE
INTRODUCTION
1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed a Committee of the Legislative Assembly to be known as the Government Owned Corporations Scrutiny Committee for the purpose of examining and reporting on the activities, performance, practices and financial management of the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, with reference to the Power and Water Corporation’s Statement of Corporate Intent for 2005/06.
MEMBERSHIP
2. The membership of the Government Owned Corporations Scrutiny Committee shall consist of the membership of the Public Accounts Committee.
3. The Chairman of the Public Accounts Committee shall be the Chairman of the Government Owned Corporations Scrutiny Committee.
4. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.
5. Other Members of the Assembly may not vote on any matters before the Committee.
6. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.
7. Members may be substituted from time to time, subject to notification to the Chairman.
8. If a vacancy occurs in the membership of the Committee during its hearings, the Speaker may nominate a Member in substitution, but in so doing must have regard to the composition of the Committee as appointed by the Assembly.
9. The Committee may proceed with business despite a vacancy in its membership.
10. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.
11. The quorum of the Committee is to be 3 of the members of the Committee.
12. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.
SITTING TIMES
13. The Government Owned Corporations Scrutiny Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.
14. The Government Owned Corporations Scrutiny Committee may sit only when the Assembly is not sitting.
15. The Committee shall sit on Friday 24 June 2005 for 2 hours from 9.00am to 11:00am.
HEARING PROCEDURE
16. All hearings of the Committee are open to the public unless the Committee otherwise orders.
17. The Committee will examine the Power and Water Corporation following procedures agreed to by the Estimates Committee in accordance with the provisions of the this Order and Standing Orders.
- 18. Unless the Committee otherwise determines, the Chairman of the Board of the Power and Water Corporation may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.
19. Members of the Committee may ask questions for the purpose of examining the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statement of Corporate Intent for 2005/06.
20. Questions shall be put directly to the Chairman of the Board of the Power and Water Corporation, the Managing Director and other officers may assist the Chairman in the provision of relevant information.
21. The Chairman or other witnesses will advise when evidence is of a commercially sensitive or confidential nature and may request that such evidence be heard 'in camera'. The Chairman of the Committee will invite the Chairman or the witnesses to give the reasons for the request.
22. Questions and explanations should be brief and avoid irrelevance and tedious repetition.
QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION
23. The Chairman of the Power and Water Corporation may advise the Committee that an answer to a question or part of a question will be provided later to the Committee.
24. At that time the Chairman of the Committee shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Chairman of the Power and Water Corporation by the Committee Secretariat.
25. The Chairman of the Power and Water Corporation may also give the Committee additional information about an answer given by the witnesses or on their behalf.
26. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.
HANSARD REPORT AND OTHER TABLED DOCUMENTS
27. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Government Owned Corporations Scrutiny Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.
28. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee otherwise orders.
29. The provisions of Standing Order 274 and section 22 of the Legislative Assembly (Powers and Privileges) Act as applicable to the Committee, are limited to documents prepared for and submitted to the Committee, evidence taken by the Committee or a report of such evidence.
BROADCASTING AND TELEVISING OF PROCEEDINGS
30. Sound and vision broadcast and re-broadcast of the hearings of the Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
DISORDER
31. At a Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
32. A Member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
33. If a Member persistently disrupts the business of the Committee:
- (a) The Chair may name the Member;
(b) If the Member named is a member of the Government Owned Corporations Scrutiny Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
(c) If the Member named is not a member of the Government Owned Corporations Scrutiny Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
35. If any objection is taken to a ruling or decision of the Chair:
- (a) The objection must be taken at once and stated in writing;
(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and
(c) The Government Owned Corporations Scrutiny Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
36. A report of the Government Owned Corporations Scrutiny Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
37. When the Report of the Committee is presented it shall be taken into consideration forthwith, together with the Report of the Estimates Committee.
38. The following time limits shall apply to consideration of the reports of the Committees on the question:
- "that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2005/06, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2005/06, be noted "
- Any other Member10 minutes,
7. QUESTIONS:
- 2.11pm Mr Burke to Ms Martin.
Visitors: The Speaker advised Members of the presence in the public galleries of political students from Charles Darwin University and extended a warm welcome to the students.
2.13pm Ms Lawrie to Ms Martin.
2.19pm Mr Burke to Ms Martin.
2.20pm Mrs Aagaard to Ms Martin.
2.23pm Mr Burke to Ms Martin.
2.26pm Mr Kiely to Mr Stirling.
2.20pm Mr Wood to Dr Burns.
2.30pm Mr Burke to Ms Martin.
2.33pm Ms Lawrie to Ms Martin.
2.35pm Mr Burke to Mr Henderson.
2.38pm Mr Bonson to Dr Burns.
2.42pm Mr Elferink to Mr Stirling.
2.43pm Mr Wood to Mr Henderson.
2.45pm Ms Lawrie to Ms Scrymgour.
2.48pm Ms Carney to Dr Toyne.
2.50pm Mr McAdam to Mr Ah Kit.
2.54pm Ms Carney to Dr Toyne.
2.57pm Mr Bonson to Dr Burns.
2.59pm Ms Carney to Dr Toyne.
3.01pm Mr Kiely to Mr Henderson.
Papers tabled: The Minister for Business and Industry (Mr Henderson) laid on the Table the following Papers -
Australian Securities and Investments Commission Extract for Organisation Number 100 364 001, Hanke, Ian
(Paper 1718).
3.07pm Mr Wood to Ms Scrymgour.
3.11pm Mr Elferink to Dr Toyne.
3.13pm Ms Lawrie to Mr Stirling.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Bail Act.
Bill read a first time.
Dr Toyne moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Dr Toyne laid on the Table the following Paper -
Leave denied: Leave denied Ms Carney to continue her remarks at a later hour.
On the motion of the Leader of Government Business (Mr Henderson) debate was adjourned.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Code in relation to criminal responsibility and to make consequential amendments of other legislation.
Bill read a first time.
Dr Toyne moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Dr Toyne laid on the Table the following Paper -
On the motion of the Member for Greatorex (Dr Lim) debate was adjourned.
10. YOUTH JUSTICE BILL 2005 (Serial 292) AND YOUTH JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL 2005 (Serial 293):
- Suspension of Standing Orders - Take two Bills together: The Minister for Justice and Attorney-General (Dr Toyne) moved - That so much of Standing Orders be suspended as would prevent two Bills entitled, Youth Justice Bill 2005 (Serial 292) and Youth Justice (Consequential Amendments) Bill 2005 (Serial 293) -
(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 Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act providing for justice in relation to youths who have committed or are alleged to have committee offences, and for related purposes; and a Bill for an Act to amend various Acts and subordinate legislation consequent on the enactment of the Youth Justice Act 2005.
Bills read a first time.
Dr Toyne moved - That the Bills be now read a second time.
Debate ensued.
Papers tabled Dr Toyne laid on the Table the following Papers -
Explanatory Statement, Youth Justice (Consequential Amendments) Bill 2005 (Serial 293) (Paper 1722).
On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
11. STANDING ORDERS COMMITTEE FOURTH REPORT OF THE 9TH ASSEMBLY - REPORT ADOPTED:
- The Order of the Day having been read for the resumption of debate on the question - That the Assembly adopt the Report -
Debate resumed.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper -
Debate continued.
Question - put and passed.
- The Leader of Government Business (Mr Henderson) moved - That intervening business be postponed until after consideration of General Business, Order of the day No. 3 relating to the Sessional Committee on the Environment.
Question - put and passed.
- The Order of the Day having been read for the resumption of debate on the question - That the Assembly take note of the Report -
Debate resumed.
Paper tabled: The Member for Karama (Ms Lawrie), by leave, laid on the Table the following Paper -
Debate continued.
Question put and passed.
- 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.
Extension of time: On the motion of the Member for Greatorex (Dr Lim) the Member for Nelson (Mr Wood ) was granted an extension of time.
Debate continued.
Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper -
Debate continued.
On the motion of the Leader of Government Business (Mr Henderson) debate was adjourned.
- The Leader of Government Business (Mr Henderson) moved - That the Assembly at its rising adjourn until Tuesday 14 June 2005 at 10am or such other time and /or date as may be set by Madam Speaker, pursuant to Sessional Order.
Question - put and passed.
16. POWER AND WATER CORPORATION STATEMENT OF CORPORATE INTENT 2005/2006 - PAPER TABLED:
- The Treasurer (Mr Stirling) laid on the Table the Power and Water Corporation Statement of Corporate Intent 2005/2006 (Paper 1724).
Mr Stirling made a statement relating thereto.
17. ADJOURNMENT:
- The Treasurer (Mr Stirling) moved – That the Assembly do now adjourn.
Debate ensued.
And the Assembly having sat until 12 Midnight.
Debate continued.
Question – put and passed.
And the Assembly adjourned at 00.10am, until Tuesday 14 June 2005 at 10am or such other time and /or date as may be set by Madam Speaker, pursuant to Sessional Order.
- PAPERS:
There were no Papers deemed to have been presented on Thursday 5 May 2005.
- ATTENDANCE:
All Members attended the sitting.
- Ian McNeill
Clerk of the Legislative Assembly