Minutes of Proceedings - 2004-02-26
- The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. DISTINGUISHED VISITORS:
- The Speaker advised Members of the presence in the Speaker’s Gallery of His Honour the Administrator of the Northern Territory, Mr Ted Egan AM accompanied by the Official Secretary, Mr Frank Leverett.
On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.
4. MINISTERIAL REPORTS:
- Women’s Study Awards 2004: The Chief Minister (Ms Martin) reported on the recipients of the 2004 Chief Minister’s Study Awards for women.
Ms Carter responded thereto.
Ms Martin responded accordingly.
Principal Racing Club: The Minister for Racing, Gaming and Licensing (Mr Stirling) reported on the establishment of a Principal Racing Club to represent the interests of Northern Territory thoroughbred racing interstate and within the Territory.
Mr Mills responded thereto.
Sexually Transmitted Infection: The Minister for Health (Dr Toyne) reported on the prevalence of sexually transmitted infections in indigenous communities and a review of appropriate health programs.
Ms Carter responded thereto.
Dr Toyne responded accordingly.
Aquatic resources: The Minister for Primary Industry and Fisheries (Mr Vatskalis) reported on the need to amend the Fisheries Act 1998 to account for Federal requirements for the management of domestic fisheries and use of aquatic resources within the Territory.
Mr Baldwin responded thereto.
Mr Vatskalis responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
- Suspension of Standing Orders – Pass Bill through all stages: The Minister for Local Government (Mr Ah Kt), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent the Swimming Pool Safety Bill 2004 (Serial 206) passing through all stages at this sittings.
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.
Question – put and passed.
7. NATIONAL ENVIRONMENT PROTECTION COUNCIL (NORTHERN TERRITORY) AMENDMENT BILL 2003 (Serial 198):
- 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 the Environment and Heritage (Ms Scrymgour) the Bill was read a third time and passed to be a proposed law.
- 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.
Debate suspended.
- Visitors: The Speaker advised Members of the presence in the Speaker’s Gallery of His Honour the Administrator Mr Ted Egan AM and Warrant Officer Poo Yong Tan from the Singaporean School of Armour on exchange with the 1st Armoured Regiment accompanied by Sergeant Scruton.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
9. NOTICE:
- The following notice was given:
Mr Wood: To move, on the next General Business Day – That,
- 1. The Environment and Sustainable Development Committee inquire into and report on:
- (a) the economic and environmental issues surrounding the cotton industry in Australia;
(b) the environmental, economic and community issues surrounding the cotton trial in Katherine;
(c) the existing status and future potential of irrigated cropping in the top end of the Northern Territory, including the Ord River irrigation district; and
2. The Committee report back to the Legislative Assembly by July 2005.
10. QUESTIONS:
- 2.01pm Mr Mills to Mr Stirling.
2.02pm Mr Bonson to Mr Henderson.
Paper tabled: The Minister for Police, fire and Emergency Services (Mr Henderson) laid on the Table the following Paper –
2.06pm Mr Mills to Mr Stirling.
2.13pm Mrs Aagaard to Mr Henderson.
2.16pm Mr Wood to Mr Vatskalis.
2.20pm Dr Lim to Mr Stirling.
2.23pm Mr McAdam to Mr Stirling.
2.28pm Mr Mills to Mr Stirling.
2.29pm Ms Lawrie to Ms Martin.
2.33pm Mr Elferink to Ms Martin.
2.37pm Mr McAdam to Dr Toyne.
2.40pm Mr Elferink to Ms Martin – ruled out of order by the Speaker pursuant to Standing Order 68.
2.42pm Ms Carter to Dr Toyne.
2.46pm Ms Lawrie to Ms Martin.
2.51pm Mr Mills to Mr Stirling.
2.54pm Mr Bonson to Ms Martin.
2.58pm Dr Lim to Mr Stirling.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bill be now read a second time –
Debate resumed.
Paper tabled: The Member for Sanderson (Mr Kiely), by leave, laid on the Table the following Papers -
Letter, Mr Len Kiely to Minister for Local Government (Mr Ah Kit), dated 8 October 2003 re pool fencing legislation review (Paper 1231).
Debater continued.
Papers tabled: The Minister for Local Government (Mr Ah Kit) laid on the Table the following Papers –
Letter, Mr David Loadman to Bill Stuchbery, Director of Local Government re the Lands and Mining Tribunal, dated 12 February 2003 (Paper 1234);
Letter, Mr David Loadman to Mr David Coles re The Lands and Mining Tribunal, dated 17 February 2004 (Paper 1235);
Letter, Mr David Loadman to all Members of the Legislative Assembly re proposed changes to swimming pool legislation, dated 17 February 2004 (Paper 1236); and
Letter, Mr John Ah Kit, Minister for Local Government to Mr David Loadman, dated 19 February 2004 re swimming pool fencing (Paper 1237).
Debate continued.
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)
Clauses 1 to 10, by leave, taken together.
Debate ensued.
Clauses 1 to 10 agreed to.
Clause 11 read.
Debate ensued.
Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper –
Debate continued.
Paper tabled: The Member for Drysdale (Mr Dunham), by leave, laid on the Table the following Paper –
Debate continued.
On the motion of the Minister for Local Government (Mr Ah Kit) the following amendment was agreed to, after debate.
Omit from subclause (1)(a) “of a design that is, and constructed, sited and maintained in a way that is, practicable and reasonable in all the circumstances, to prevent” and substitute “designed, sited, constructed and maintained in a way that prevents (to the extent that is practicable and reasonable in all the circumstances)”.
Clause 11, as amended, agreed to.
Clauses 12 to 27, by leave, taken together and agreed to, after debate.
Clause 28 read.
On the motion of Mr Ah Kit the following amendment was agreed to.
Omit from subclause (2)(a) “a spouse, surviving relative, or” and substitute “a surviving spouse or de facto partner, another surviving relative or a”.
Clause 28, as amended, agreed to.
Clause 29 read.
On the motion of Mr Ah Kit the following amendment was agreed to.
Omit from subclause (1) “notified.” and substitute “notified and there is no contravention of section 31 or 32 (as applicable).”.
On the motion of Mr Ah Kit the following further amendment was agreed to.
Omit from subclause (2) “premises” and substitute “swimming pool.”.
Clause 29, as amended, agreed to.
Clauses 30 to 35, by leave, taken together and agreed to, after debate.
Clause 36 read.
On the motion of Mr Ah Kit the following amendment was agreed to.
Omit from subclause (1) “If a fence, wall or similar barrier that is maintained by a council is used by the owner of premises as a swimming pool barrier –“ and substitute “If there is a fence, wall or similar barrier separating premises from land maintained by a council, and the fence, wall or barrier forms a swimming pool barrier for a swimming pool at the premises–“.
On the motion of Mr Ah Kit the following further amendment was agreed to.
Omit from subclause (1)(a) “provision;” and substitute “provision or to maintain the land to assist such compliance;”.
Clause 36, as amended, agreed to.
Clauses 37 to 50, by leave, taken together and agreed to, after debate.
New Part.
The Member for Macdonnell (Mr Elferink) moved the following amendment.
Insert the following new clauses 50A, 50B, 50C, 50D and 50E:
50A. Definition
In this Part –
- "Tribunal" means the Lands and Mining Tribunal.
- 50B. Application for review
(1) A person affected by any of the following decisions may apply to the Tribunal for a review of the decision:
- (a) a decision, made under a financial assistance scheme authorised under section 13, relating to the provision of financial assistance;
(b) a decision of the Review Committee under Part 7.
- (a) if the application relates to a decision referred to in subsection (1)(a) – the applicant became aware of the decision; or
(b) if the application relates to a decision referred to in subsection (1)(b) – the date on which notice of the Review Committee's decision was given to the applicant in accordance with section 50(3).
(1) A review must be conducted as a rehearing.
(2) Schedule 1 applies in relation to the procedure of the Tribunal at a rehearing.
(3) Subject to this Part and Schedule 1, the procedure of the Tribunal is as determined by the Tribunal.
(4) Subject to this section, the provisions of the Lands and Mining Tribunal Act (other than sections 14(4A), 17(1)(d)(ii) and (2), Part 3, Divisions 2 and 3, and sections 36 and 37) apply in relation to the Tribunal when conducting a review.
50D. Determination of review
(1) The Tribunal must determine a review by –
- (a) confirming the decision reviewed;
(b) varying the decision reviewed; or
(c) setting aside the decision reviewed and making a decision in substitution for that decision.
- (a) if the determination relates to a decision referred to in section 50B(1)(a) – the person who made the decision; or
(b) if the determination relates to a decision referred to in section 50B(1)(b) – the Authority.
(1) A personal, professional, commercial or other relationship that a member of the Tribunal has with an applicant or another person or association, which relationship is one that it is likely to, or may reasonably be regarded as likely to, inhibit or prevent the exercise by the member of independent judgment in relation to a review, is an interest for the purposes of section 32 of the Lands and Mining Tribunal Act.
(2) A direct or indirect pecuniary interest that a member of the Tribunal has as a member of, and in common with the other members of, an incorporated company consisting of not less than 25 persons and of which he or she is not a director, is not, in relation to a review, an interest for the purposes of section 32 of the Lands and Mining Tribunal Act.
(3) A member of the Tribunal who is an employee of, a partner with, an agent for or a consultant to, a person, partnership, firm or company who or which –
- (a) has a direct or indirect interest in a matter to which a review relates; or
(b) is representing a party to a review,
Clauses 51 to 58, by leave, taken together and agreed to.
New clause 59.
On the motion of Mr Ah Kit the following new clause was added to the Bill.
- “59. Consequential amendments of Residential Tenancies Act
(1) Section 47 of the Residential Tenancies Act is amended by omitting subsection (2).
(2) Section 48 of the Residential Tenancies Act is amended by omitting subsections (1A) and (1B).”.
Proposed new Schedule 1.
Mr Elferink moved - That the following new Schedule 1 be added to the Bill.
- 1. Formality and technicality to be avoided
A rehearing must be conducted with as little formality and technicality, and with as much expedition, as a proper consideration of the matter before the Tribunal permits.
2. Tribunal not bound by rules of evidence
The Tribunal is not bound by the rules of evidence but may inform itself on any matter in the manner that it thinks fit.
3. Appearance and representation of parties
(1) The Registrar of the Tribunal must give the parties to a review not less than 14 days notice in writing of the time, date and place of the rehearing.
(2) A party is entitled to appear before the Tribunal personally or to be represented by a legal practitioner or other representative.
(3) A legal practitioner or other representative appearing before the Tribunal has the same liabilities, protection and immunity as a legal practitioner has in appearing for a party in proceedings before the Supreme Court.
(4) A party must be allowed a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses and to make submissions to the Tribunal.
(5) The Tribunal may make a determination in the rehearing in the absence of a party to the review if satisfied that the party was given reasonable opportunity to appear but failed to do so.
4. Summoning of witnesses
(1) The Tribunal may, by written notice signed by the Chairperson or presiding member of the Tribunal, summon a person to attend before it, at a time and place specified in the summons, to give evidence and to produce such documents in the person's custody or control as are specified in the summons.
(2) A summons under subclause (1) may be served on the person to whom it is addressed –
- (a) personally; or
(b) by delivering it to a person who has apparently attained the age of 16 years and is apparently residing or employed at the premises at which the person to be served resides or carries on business.
Penalty: If the offender is a natural person – 20 penalty units and 2 penalty units for each day during which the offence continues.
- If the offender is a body corporate – 100 penalty units and 10 penalty units for each day during which the offence continues.
5. Giving of evidence
- (1) The Tribunal may –
(a) require a person to make an oath or affirmation to answer truthfully all questions put by the presiding member of the Tribunal, or a person appearing before the Tribunal, relevant to the determination of a matter before it; or
(b) require a person giving evidence before the Tribunal to answer a relevant question put by the presiding member of the Tribunal or a person appearing before it (as the case may be).
- Proposed new Schedule 1 negatived.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
The Assembly resumed and the Speaker took the Chair; the Chairman (Mr Wood) reported accordingly and the report was adopted.
The Minister for Local Government (Mr Ah Kit) moved – That the Bill be now read a third time.
Debate ensued.
Question – put and passed.
The Bill was read a third time and passed to be a proposed law.
- The Chairman of the Public Accounts (Mr Kiely) laid on the Table the Report of the Public Accounts Committee on Termination Payments for CEOs and ECOs, Report Number 42, dated February 2004 (Paper 1240).
Mr Kiely moved – That the Report be printed.
Question – put and passed.
Mr Kiely moved – That the Assembly take note of the Report and that he have leave to continue his remarks at a later hour.
Leave granted – debate adjourned.
- The Minister for Transport and Infrastructure (Dr Burns), on behalf of and at the request of the Chairman of the Standing Orders Committee (Mr Henderson), laid on the Table the Standing Orders Committee’s, Third Report including Draft Members’ Code of Conduct and Ethical Standards and Draft Amendments to the Legislative Assembly (Register of Members’ Interests) Act.
Dr Burns moved – That the Report be printed.
Question – put and passed.
Dr Burns moved – That the Assembly adopt the Report.
Debate ensued.
Ordered that Dr Burns have leave to continue his remarks at a later hour.
Debate adjourned.
- The Minister for Tourism (Ms Martin) made a statement relating to government support of the Territory tourism industry.
Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
Extension of time: On the motion of the Leader of Government Business (Mr Henderson) the Member for Barkly (Mr McAdam) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Question – put and passed.
- The Leader of Government Business (Mr Henderson) moved – That the Assembly at its rising adjourn until Tuesday 30 March 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.
- The Leader of Government Business (Mr Henderson) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Karama (Ms Lawrie), by leave, laid on the Table the following Paper –
Debate continued.
Question – put and passed.
And the Assembly adjourned at 10.05am, 26 February 2004 until Tuesday 30 March 2004 at 10am or such other time and /or date as may be set by the Speaker, pursuant to Sessional Order.10am.
- PAPERS:
The following Papers were deemed to have been presented on Thursday 26 February 2004.
Annual Reports:
Centralian College, 2002/2003 (Paper 1227)
Mental Health Review Tribunal, 2002/2003 (Paper 1226)
National Environment Protection Council, 2002/2003 (Paper 1225)
Parole Board of the Northern Territory, year ending 31 December 2003 (Paper 1224)
Coroners Act:
In the matter of Coronial Findings and Recommendations into the Death of Mr Mark Corbett, pursuant to section 46B, dated 24 December 2003 (Paper 1228)
Reports:
Review of the Legislative Assembly Members’ Superannuation Scheme, K B Clarke, consultant to the Review, November 2002 (Paper 1229)
- ATTENDANCE:
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly