Minutes of Proceedings - 2004-04-01
1. MEETING:
2. PRAYERS.
3. PETITIONS:
5. AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) BILL 2004 (Serial 219):
6. FISHERIES AMENDMENT BILL 2004 (Serial 216):
9. NOTICE:
Small Business Support for Defence, media release by Leader of the Opposition, dated 10 February 2004 (Paper 1272).
11. NEXT MEETING:
12. HEALTH PRACTITIONERS BILL 2003 (Serial 201):
Letter, Mr John Howard to Pharmacist, re Achievements and Future Plans of the Howard Government for Community Pharmacy, dated 9 October 2001 (Paper 1274).
13. PUBLIC ACCOUNTS COMMITTEE REPORT ON TERMINATION PAYMENTS FOR CEOs AND ECOs, REPORT NUMBER 42 – REPORT NOTED:
- The Assembly met at 10 am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. PETITIONS:
- The Member for Araluen (Ms Carney) presented petition No. 54 from 211 petitioners requesting the overturning of a decision to allow existing tenants to live at the redeveloped Keith Lawrie Units in Alice Springs. (Paper 1266)
Petition read.
The Member for Goyder (Mr Maley) presented petition No. 56 from 128 petitioners requesting remedial work to be undertaken on the Mandorah Boat Ramp. (Paper 1267)
Petition read.
Responses to petitions: The Clerk, pursuant to Standing Order 100A, advised Members of the receipt of responses to petitions Nos. 42 and 43 and that the responses would be incorporated in the Hansard record. (Paper 1268)
- Social Services Conference: The Chief Minister (Ms Martin) reported on the conduct of the Northern Territory Council of Social Services Conference of non-government organisations in the Territory.
Ms Carter responded thereto.
Jobs Plan and Training Strategy: The Minister for Employment, Education and Training (Mr Stirling) reported on the progress of the government’s Jobs Plan and the allocation of funding to focus job creation opportunities especially in remote regions.
Dr Lim responded thereto.
Palmerston Building Activity: The Minister for Lands and Planning (Dr Burns) reported on the increase in building activity in the Palmerston area.
Mr Burke responded thereto.
Mr Wood responded thereto.
Dr Burns responded accordingly.
Environmental Impact of Development Projects: The Minister for the Environment and Heritage (Ms Scrymgour) reported on the requirement for Environmental Impact Assessment processes of major gas and development projects in and around Darwin.
Mr Baldwin responded thereto.
Mr Wood responded thereto.
Ministerial Reports noted. Pursuant to Sessional Order.
5. AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) BILL 2004 (Serial 219):
- The Minister for Primary Industry and Fisheries (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to control the use of agricultural and veterinary chemicals and the manufacture, sale and use of fertilisers and stockfoods, to manage land and agricultural produce contaminated by chemicals, and for related purposes.
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 Goyder (Mr Maley) debate was adjourned.
6. FISHERIES AMENDMENT BILL 2004 (Serial 216):
- The Minister for Primary Industry and Fisheries (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to amend the Fisheries 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 Daly (Mr Baldwin) debate was adjourned.
- The Order of the Day having been read for the resumption of debate on the question – 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 Police, Fire and Emergency Services (Mr Henderson) 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.
Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –
Debate continued.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 11 58 am and 2 pm.
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9. NOTICE:
- Mr Henderson: To move - That the Assembly adopt the terms of reference, as distributed to Members, for –
- (a) the Estimates Committee; and
(b) the Government Owned Corporations Scrutiny Committee.
- 2.01pm Mr Mills to Ms Martin and referred to Ms Scrymgour.
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Distinguished visitor: The Speaker advised Members of the presence in the Speaker’s Gallery of the Auditor-General Mr Peter Blake.
On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.
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2.06pm Ms Lawrie to Ms Martin.2.10pm Mr Wood to Mr Henderson.
2.13pm Mr Mills to Ms Martin.
2.20pm Mrs Aagaard to Mr Stirling.
2.23pm Mr Mills to Ms Martin.
2.24pm Mr McAdam to Dr Toyne.
Paper tabled: The Minister for Justice and Attorney-General (Dr Toyne) laid on the Table the following Paper –
2.27pm Mr Burke to Dr Burns.
2.29pm Mr Wood to Dr Toyne.
2.32pm Mr Kiely to Dr Burns.
Papers tabled: The Member for Sanderson (Mr Kiely), by leave, laid on the Table the following Papers -
Small Business Support for Defence, media release by Leader of the Opposition, dated 10 February 2004 (Paper 1272).
2.39pm Dr Lim to Mr Stirling.
2.42pm Dr Lim to Mr Stirling - Supplementary.
2.43pm Mr McAdam to Ms Martin.
2.49pm Mrs Miller to Ms Martin referred to Mr Stirling.
2.58pm Mr Wood to Ms Martin.
3.00pm Ms Carter to Ms Scrymgour.
3.01pm Ms Lawrie to Mr Vatskalis.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
11. NEXT MEETING:
- The Leader of Government Business (Mr Henderson) moved - That the Assembly at its rising adjourn until Tuesday 18 May 2004 at 10 am or such other time and /or date as may be set by the Speaker, pursuant to Sessional Order.
Question – put and passed.
12. HEALTH PRACTITIONERS BILL 2003 (Serial 201):
- 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.
Papers tabled: The Minister for Health (Dr Toyne) laid on the Table the following Papers -
Letter, Mr John Howard to Pharmacist, re Achievements and Future Plans of the Howard Government for Community Pharmacy, dated 9 October 2001 (Paper 1274).
Debate continued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into a Committee of the Whole for consideration of the Bill.
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In Committee
(Chairman – Mr Wood)
In Committee
(Chairman – Mr Wood)
Clause 1 agreed to.
Clause 2 read.
On the motion of the Minister for Health (Dr Toyne) the following amendment was agreed to, after debate.
Omit “the date” and insert “the date, or respective dates,”.
Clause 2, as amended, agreed to.
Clause 3 agreed to.
Clause 4 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit from the definition of “Nursing Board” “Nursing Board” and insert in their stead “Nursing and Midwifery Board”.
Clause 4, as amended, agreed to.
Clauses 5 to 8, by leave, taken together and agreed to, after debate.
Clause 9 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit from subclause (1) “a Chairperson and”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate.
Omit from subclause (4) “the Chairperson or”.
Clause 9, as amended, agreed to.
Clauses 10 to 13, by leave, taken together and agreed to.
Clause 14 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Insert at the end –
- “(3) The Minister may appoint a person to act as the Registrar of a Board during any period, or during all periods, when the Registrar is absent from duty or from the Territory or during a vacancy in the office.”.
Clause 14, as amended, agreed to.
Clauses 15 to 28, by leave, taken together and agreed to, after debate.
Clause 29 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit subclause (1).
On the motion of Dr Toyne the following further amendment was agreed to, after debate.
Omit from subclauses (2) and (3) “by the Nursing Board”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate.
Omit from subclauses (4) and (5) “by the Registrar of the Nursing Board”.
Clause 29, as amended, agreed to.
Clauses 30 to 37, by leave, taken together and agreed to, after debate.
Clause 38 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit from subclause (2) “Nursing Board” and insert in their stead “Nursing and Midwifery Board”.
Clause 38, as amended, agreed to.
Clause 39 agreed to.
Clause 40 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit from subclause (2)(c)(i) “the supervision” and insert in their stead “the direct or indirect supervision”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate.
Omit from subclause (3) “Nursing Board” and insert in their stead “Nursing and Midwifery Board”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate.
Omit from subclause (3)(a) “the supervision” and insert in their stead “the director indirect supervision”.
Clause 40, as amended, agreed to.
Clauses 41 and 42, by leave, taken together and agreed to.
Clause 43 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit from subclause (1) “called the Register of Health Practitioners”.
Clause 43, as amended, agreed to.
Clause 44 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit from subclause (1) “Nursing Board” and insert in their stead “Nursing and Midwifery Board”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate.
Omit from subclause (2) “Nursing”.
Clause 44, as amended, agreed to.
Clauses 45 and 46, by leave, taken together and agreed to.
Clause 47 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit from subclause (1) “,on paying the inspection fee,”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate.
Omit from subclause (2) “,on paying the copy or extract fee,”.
Clause 47, as amended, agreed to.
Clauses 48 to 58, by leave, taken together and agreed to.
New Clause 58A.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Insert after Clause 58 –
- (1) The relevant Board may refer the complaint to mediation if the health practitioner who is the subject of the complaint and the complainant agree.
(2) If subsection (1) applies, the Board must appoint a person to be the mediator and refer the complaint to the mediator.
- (3) As soon as practicable after receiving the referral, the mediator must –
- (a) attempt to resolve the complaint; and
(b) advise the Board of the outcome of the mediation.”.
Clause 60 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Insert after subclause (9) –
- “(9A) The Board must notify the complainant as it thinks fit of any action taken under this section.’.
Clause 60, as amended, agreed to.
Clause 61 agreed to.
Clause 62 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit from subclause (4)(b) – “3 health practitioners registered or enrolled” and insert in their stead –
- “3 persons who are –
- (i) registered or enrolled; or
(ii) registered or enrolled under a foreign health care practice law,”.
Clause 62, as amended, agreed to.
Clauses 63 to 132, by leave, taken together and agreed to, after debate.
Schedule 1 read.
On the motion of Dr Toyne the following amendments were taken together, by leave, and agreed to, after debate.
Omit from Clause 1(1) “a Chairperson and 4 other members” and insert in their stead “5 members”;
Omit from Clause 1(2) “4 members” and insert “5 members”;
Omit from Clause 1(2)(a) “2 must” and insert “3 must”;
Omit from Clause 2(1) “a Chairperson and 4 other members” and insert “6 members”;
Omit from Clause 2(2) “4 members” and insert “6 members”;
Omit from Clause 2(2)(a) and (b) “one must” and insert “2 must”;
Omit from 3(1) “a Chairperson and 6 other members” and insert “7 members”;
Omit from Clause 3(2) “6 members” and insert “7members”;
Omit from Clause 3(2)(a) “3 must” and insert “4 must”;
Omit from Clause 4(1) “a Chairperson and 7 other members” and insert “8 members”;
Omit from Clause 4(2) “7 members” and insert “8 members”;
Omit from Clause 4(2)(a) “5 must” and insert “6 must”;
Omit Clause 5(1) and insert “(1) The Nursing and Midwifery Board consists of 7 members.”;
Omit from Clause 5(2) “6 members” and insert “7 members”;
Omit from Clause 5(2)(a) “3 must” and insert “4 must”;
Omit from Clause 6(1) “a Chairperson and 4 other members” and insert “5 members”;;
Omit from Clause 6(2) “4 members” and insert “5 members’;
Omit from Clause 6(2)(a) “2 must” and insert “3 must”;
Omit from Clause 7(1) “a Chairperson and 4 other members” and insert “5 members”;
Omit from Clause 7(2) “4 members” and insert “5 members”;
Omit from Clause 7(2)(a) “2 must” and insert “3 must”;
Omit from Clause 8(1) “a Chairperson and 6 other members” and insert “7 members”;
Omit from Clause 8(2) “6 members” and insert “7 members”;
Omit from Clause 8(2)(a) “4 must” and insert “5 must”;
Omit from Clause 9(1) “a Chairperson and 4 other members” and insert “5 members”
Omit from clause 9(2) “4 members” and insert “5 members”;
Omit from Clause 9(2)(a) “2 must” and insert “3 must”;
Omit from Clause 10(1) “a Chairperson and 4 other members” and insert “5 members”;
Omit from Clause 10(2) “4 members” and insert “5 members”; and
Omit from Clause 10(2)(a) “2 must” and insert “3 must”.
Schedule 1, as amended, agreed to.
Schedule 2 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit Clause 3 and insert in its stead –
- (1) A Board must elect one of its members to be the Chairperson of the Board.
(2) The member elected under subclause (1) –
- (a) for the Dental Board of the Northern Territory – must be a member who is a registered in the category of registration of dentist or dental specialist;
(b) for the Nursing and Midwifery Board – must be a member who is a registered nurse; and
(c) for all other Boards – must be a member who is a health practitioner.
(4) A Chairperson may resign the office but remain a member.
Schedule 3 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit from Clause 2(1)(c) “Nursing Board” and insert “Nursing and Midwifery Board”.
Schedule 3, as amended, agreed to.
Schedules 4 to 7, by leave, taken together and agreed to.
Schedule 8 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Insert after “service” in Clause 2(2) “or friendly society”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate.
Omit from Clause 2(4) “the commencement of this Act” and insert “the commencement of section 129”.
Schedule 8, as amended, agreed to.
Schedule 9 agreed to.
Schedule 10 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate.
Omit {all references} “the commencement of this Act” and insert “the commencement of section 132”.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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- The Assembly resumed; the Speaker took the Chair; and the Chairman (Mr Wood) reported accordingly and the report was adopted.
On the motion of the Minister for Health (Dr Toyne) the Bill was read a third time and passed to be a proposed law.
13. PUBLIC ACCOUNTS COMMITTEE REPORT ON TERMINATION PAYMENTS FOR CEOs AND ECOs, REPORT NUMBER 42 – REPORT NOTED:
- 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.
- The Minister for Lands and Planning (Dr Burns) made a statement relating to the endorsement of the recommendations of the Darwin Harbour Regional Plan of Management.
Dr Burns moved – That the Assembly take note of the Statement.
Debate ensued.
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Distinguished visitor: The Speaker advised Members of the presence in the Speaker’s Gallery of the former Member for Wanguri, Mr John Bailey. On behalf of all Members the Speaker extended a warm welcome to him.
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Debate continued.Question – put and passed.
- The Minister for Mines and Energy (Mr Vatskalis) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 9.36 pm 1st April 2004 until Tuesday 18 May 2004 at 10am or such other time and /or date as may be set by the Speaker, pursuant to Sessional Order.
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- PAPERS:
The following Papers were deemed to have been presented on Thursday 1 April 2004.
Public Trustee for the Northern Territory, 2002/2003 (Paper 1261)
Agreements:
Casino Operators Agreement, Between Hon. S J Stirling, Minister for Racing, Gaming and Licensing and Ford Dynasty PTY LTD, dated 29 March 2004 (Paper 1262)
Planning Act:
Summary of Development Application, Terms of Direction, Reasons for the Direction, pursuant to section 85(3), Lot 6192 (2) Ostermann Street, Town of Nightcliff (Paper 1273)
Regulations 2004:
No. 7, Amendment of Electricity Reform (Administration) Regulations (Paper 1263)
No. 8, Amendments of Community Welfare Regulations (Paper 1264)
No. 9, Amendment of Planning Regulations (Paper 1265)
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- ATTENDANCE:
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016