Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2005-02-16

1. MEETING:
      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 gallery of Year 7 students from Driver Primary School accompanied by Mr Michael Kerrisk.
      On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. DISTINGUISHED VISITORS:
      The Speaker advised Members of the presence in the Speaker's Gallery of family members of Mr Neville Walker.
      On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.

5. CONDOLENCE - MR NEVILLE JOHN WALKER AM:
      The Chief Minister (Ms Martin), by leave moved - That this Assembly express its deep regret at the untimely death of Mr Neville Walker AM, a man who played a pivotal role in the economic development of the Northern Territory and tender its profound sympathy to his family.

      The Chief Minister (Ms Martin) thereupon addressed the Assembly.
      The Leader of the Opposition (Mr Burke) addressed the Assembly.
      Debate ensued.
      Question - put and passed.
      Motion agreed to.

      As a mark of respect Members stood in their places for one minute, in silence.
6. PETITION:
      Response to petitions: The Clerk, pursuant to Standing Order 100A, presented a response to the following petition No. 65 (Development of Stage 7.6 of Gunn of The chase in Palmerston suburb of Gunn); and advised Members the responses would be included in the Hansard record (Paper 1652).

7. MINISTERIAL REPORTS:
      Teacher support, behaviour management teachers: The Minister for Employment, Education and Training (Mr Stirling) reported on support provided to classroom teachers by appointment of specialist behavioural management teachers and special education teachers.
      Dr Lim responded thereto.
      Mr Stirling responded accordingly.

      Larapinta Stage4 and release, Alice Springs: The Minister for Central Australia (Dr Toyne) reported on the recent staged land release in Alice Springs, Larapinta Stage 4 and Mt John Valley land release.
      Dr Lim responded thereto.
      Dr Toyne responded accordingly.

      Lyons suburb, Darwin: The Minister for Lands and Planning (Dr Burns) reported on the proposed development of the new Lyons residential subdivision at Lee Point, Darwin.
      Mr Dunham responded thereto.
      Dr Burns responded accordingly.

      Sabah trade export opportunities: The Minister for Primary Industry and Fisheries (Mr Vatskalis) reported on trade and cattle export development opportunities for the Territory with Indonesia and Sabah.
      Mrs Miller responded thereto.
      Mr Vatskalis responded accordingly.

      Ministerial Reports noted, pursuant to Sessional Order.

8. METIS CONSULTING PTY LTD AND BANSCOTT PTY LTD - MOTION WITHDRAWN:
      The Member for Nelson (Mr Wood),pursuant to notice, moved - That the Auditor-General investigate and report back to the Public Accounts Committee on the following matters for the period 1 July 2002 to 30 June 2004 what:
      (a) contracts were approved by government for Metis Consulting PTY LTD and Banscott Pty Ltd;

      (b) contracts were approved using Certificates of Exemption;

      (c) expressions of interest/tenders/applications from other companies were received for any of the contracts? If no other tenders were sought, why not? Why were any other tenders rejected;

      (d) the requirements were for due process and probity under the Procurement Act met during this process; and

      (e) in relation to all the above contracts, were the cases where a conflict of interest could have occurred, and was that conflict of interest declared before any of the contracts were approved.

      Debate ensued.
      The Member for Nelson (Mr Wood), by leave, withdrew the motion.
      Motion withdrawn.
9. LOW SECURITY CORRECTIONAL AND REHABILITATION CENTRES - MOTION, AS AMENDED, AGREED TO:
      The member for Nelson (Mr Wood), pursuant to notice, moved – 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.
      Debate ensued.
      Paper tabled: The Member for Nelson (Mr Wood), by leave, laid on the Table the following Paper -
Season Activities Christmas, New Year, Australia Day Wyndham Work Camp Program (Paper 1633).

      Debate continued.
      The Minister for Justice and Attorney-General (Dr Toyne) moved - the following amendment -
      Omit all words after "That" and insert -
          "recognising that expansion of the Community Work Program is a critical element of the government's prison reform, extension of prisoner community work projects to Regional areas of the Northern Territory, independently or in partnership with communities, is a logical future step in this approach - providing reparation for the community and assisting with rehabilitation of prisoners.".

      Debate resumed.
      Question put - amendment agreed to.
      Question - That the motion, as amended, be agreed to - put.
      Debate ensued.
      Question put and passed.
      _______________
      Suspension of sittings: The sittings of the Assembly was suspended between 12.11pm and 2.10pm.
      _______________

      Visitors: The Speaker advised Members of the presence in the public gallery of Department of Business, Industry and Resource Development Graduate Trainees accompanied by Ms Christine Gray.
      On behalf of all Members the Speaker extended a warm welcome to the visitors.

      Statement by Speaker: The Speaker advised Members that permission had been granted for the Northern Territory News photographers to take photographs during Questions this day.
10. NOTICES:
      The following notices were given -
      Dr Toyne: To present the Proportionate Liability Bill 2005 (Serial 281).
      Dr Toyne: To present the Standard Time Bill 2005 (Serial 282).
      Regional Sitting in Alice Springs

      Mr Henderson: To move -

      That unless otherwise ordered, the days and times of meeting and Routine of Business in respect of the 2005 Alice Springs regional sittings of the Assembly be as circulated to Members, detailed below -
      1. TIMES OF MEETINGS
          The Assembly meets each day at 9.30am.
      2. ROUTINE OF BUSINESS
          The Routine of Business shall be:
          Tuesday 22 March 2005

          (i) Prayers
          (ii) Petitions
          (iii) Ministerial Reports
          (iv) Government Business - Notices and Orders of the Day
          (v) At 1.30pm, Notices
          (vi) Questions
          (vii) Government Business - Notices and Orders of the Day
          (viii) Papers
          (ix) Ministerial Statements
          (x) Any proposal pursuant to Standing Order 94 - Matter of Public Importance
          (xi) Adjournment

          Luncheon 12 Noon to 1.30pm: Dinner 6pm to 7.30pm
    _____________

          Wednesday 23 March 2005

          (i) Prayers
          (ii) Petitions
          (iii) Ministerial reports
          (iv) Government Business - Notices and Orders of the Day
          (v) Papers
          (vi) Ministerial Statements
          (vii) Any proposal pursuant to Standing Order 94 - Matter of Public Importance
          (viii) At 7.30pm, Notices
          (ix) Questions
          (x) Adjournment

          Luncheon 12 Noon to 1.30pm: Dinner 6pm to 7.30pm
    _____________
          Thursday 24 March 2005

          (i) Prayers
          (ii) Petitions
          (iii) Ministerial Reports
          (iv) Government Business - Notices and Orders of the Day
          (v) At 1.30pm, Notices
          (vi) Questions
          (vii) Government Business - Notices and Orders of the Day
          (viii) Papers
          (ix) Ministerial Statements
          (x) Any proposal pursuant to Standing Order 94 - Matter of Public Importance
          (xi) Adjournment

          Luncheon 12 Noon to 1.30pm
    _____________
    11. QUESTIONS:
        2.12pm Mr Burke to Ms Martin and referred to Dr Burns.
        2.15pm Ms Lawrie to Dr Burns.
        2.20pm Mr Burke to Ms Martin and referred to Dr Burns.
        2.24pm Mrs Aagaard to Mr Stirling.
        2.27pm Mr Burke to Dr Burns.
        2.28pm Mr Wood to Dr Toyne.
        2.31pm Mr Burke to Ms Martin.
        2.35pm Mr Bonson to Mr Stirling.
        2.37pm Mr Burke to Ms Martin.
        2.41pm Mr Wood to Mr Henderson.
        2.43pm Mr Kiely to Mr Ah Kit.
        Paper tabled: The Minister for Sport (Mr Ah Kit) laid on the Table the following Paper -
    Western Bulldogs Membership package application (Paper 1634).

        2.47pm Mr Burke to Ms Martin.
        2.52pm Mr Bonson to Ms Martin.
        2.54pm Mr Burke to Ms Martin.
        2.56pm Mr Wood to Dr Toyne.
        2.58pm Mr McAdam to Mr Vatskalis.
        3.02pm Mr Burke to Ms Martin.
        3.08pm Mrs Aagaard to Mr Henderson.

        The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
    12. ONCOLOGY AND RADIOTHERAPY FACILITY AT ROYAL DARWIN HOSPITAL - MOTION, AS AMENDED, AGREED TO:
        The Member for Nelson (Mr Wood), pursuant to notice, moved – That the Northern Territory Government honour its election promise to establish an oncology and radiotherapy facility at Royal Darwin Hospital to serve the people of the Northern Territory, Northern Australia and neighbouring countries so that they can have access to these facilities without having to travel long distances interstate to receive treatment.
        Debate ensued.
        Paper tabled: The Minister for Justice and Attorney-General (Dr Toyne) laid on the Table the following Paper -
    Australian Council on Health Care Standards - debate by Member for Araluen (Ms Carney) re fire safety issues
    (Paper 1635).

        Debate continued.
        The Minister for Health (Dr Toyne) moved the following amendment -
        Omit all words after "That" and insert in their stead -
            "given that two independent reports by health and medical experts have found that a 'stand alone' radiation oncology unit may be neither safe or sustainable, the Northern Territory Government remains committed to and continues to work towards the establishment of a safe, sustainable and high quality oncology and radiotherapy facility at Royal Darwin Hospital to serve the people to the Northern Territory, Northern Australia and neighbouring countries so that they can have access to these facilities without having to travel long distances interstate to receive treatment".
        Debate resumed.
        Question - That the amendment be agreed to - put and passed.
        Question - That the motion, as amended, be agreed to - put.
        Debate ensued.
        Question - put and passed.
    13. RESIDENTIAL TENANCIES AMENDMENT BILL 2005 (Serial 276):
        The Member for Macdonnell (Mr Elferink), pursuant to notice, presented a Bill for an Act to amend the Residential Tenancies Act.
        Bill read a first time.
        Mr Elferink moved - That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.
    14. WATERFRONT DEVELOPMENT, DARWIN HARBOUR - MOTION, AS AMENDED, AGREED TO:
        The Leader of the Opposition (Mr Burke), pursuant to notice, moved -

        That this Assembly call on the government to divulge -
        (a) when financial close for the waterfront development will occur,
        (b) the critical issues to occur prior to this closure, and
        (c) the level of the taxpayer's exposure.

        Debate ensued.
        The Chief Minister (Ms Martin) moved the following amendment -
        Omit all words after "That" and insert -
            "this Assembly acknowledge:

            (i) the considerable work being undertaken by the Territory Government to secure a Convention Centre for Darwin and the redevelopment of the Darwin Waterfront; and

            (ii) that the Chief Minister will provide details of the commercial arrangements for the project after negotiations have been completed and financial close reached.".
        Debate resumed.
        Extension of time - denied: The Member for Macdonnell (Mr Elferink) moved, pursuant to Standing Order 77, that the Member for Drysdale (Mr Dunham) be granted an extension of time.
        Consent of a majority of the Assembly not being gained - motion denied.

        Debate continued.
        Amendment agreed to.
        Question - That the motion, as amended, be agreed to - put and passed.
    15. TERRITORY PARKS HANDOVER - MOTION NEGATIVED:
        The Leader of the Opposition (Mr Burke), pursuant to notice, moved -

        That this Assembly call upon the Chief Minister, who has carriage of the Territory Parks handover, outline full details of the secret negotiations, the current status thereof to all affected parks. Further that this parliament calls upon the Chief Minister to detail her reasons for persisting with her parks handover offer when she clearly does not have a mandate from Territorians to persist with it.

        Debate ensued.
        Question - put and negatived.

    16. ITINERANT ISSUES IN URBAN COMMUNITIES - MOTION NEGATIVED:
        The Member for Macdonnell (Mr Elferink), at the request of and on behalf of the Leader of the Opposition (Mr Burke), pursuant to notice, moved - That this Assembly call upon the Chief Minister to explain to parliament why she has failed to live up to her promise to control the itinerant issues that effect Territorians in our urban communities.
        Debate ensued.
        Question - put and negatived.

    17. ACCESS TO POTENTIAL CONSTITUENTS ON ABORIGINAL LAND TRUST LAND - MOTION NEGATIVED:
        The Member for Macdonnell (Mr Elferink), pursuant to notice, moved - That this Assembly call upon the Attorney-General to explain the legal position for political candidates having access to potential constituents on Aboriginal Land Trust land.
        Debate ensued.
        Paper tabled: The Minister for Justice and Attorney-General (Dr Toyne) laid on the Table the following Paper -
    Legal position concerning access by political candidates to potential constituents on Aboriginal land (Paper 1636).

        Debate continued.
        Question - put and negatived.
    18. RESIDENTIAL TENANCIES AMENDMENT (TERMINATION FOR UNACCEPTABLE CONDUCT) BILL 2005 (Serial 280):
        The Member for Braitling (Mrs Braham), pursuant to notice, presented a Bill for and Act to amend the Residential Tenancies Act.
        Bill read a first time.
        Mrs Braham moved - That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.
    19. TERRITORY PARKS - PROPOSED APPOINTMENT OF PARLIAMENTARY SELECT COMMITTEE - MOTION NEGATIVED:
        The Member for Nelson (Mr Wood), pursuant to notice, moved - That this Assembly establish a Select Committee, with membership to be determined by an Assembly resolution, for the purposes of developing a non-divisive but inclusive solution to issues surrounding the ownerships of our Territory parks and in particular to -

        (a) investigate all options for land tenure of our National Parks and Conservation Reserves;

        (b) examine other models throughout Australia or in other countries; and

        (c) report its findings to the Assembly by 30 June 2005.

        Debate ensued.
        Question - That the motion be agreed to - put.
        The Assembly divided (the Deputy Chair, Ms D. P. Lawrie, in the Chair) -

        AYES, 11 NOES, 13

        Mr Baldwin Mrs Aagaard
        Mrs Braham 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
        Mrs Miller Mr McAdam
        Mr Mills Ms Scrymgour
        Mr Wood Mr Stirling
        Dr Toyne
        Mr Vatskalis

        Motion negatived accordingly.
    20. SENTENCING AMENDMENT BILL 2003 (Serial 126) - WITHDRAWN:
        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.
        The Member for Braitling (Mrs Braham), by leave, withdrew the Bill.
    21. BAIL AMENDMENT BILL 2004 (Serial 245) - NEGATIVED:
        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 negatived.
    22. PUBLIC ACCOUNTS COMMITTEE ANNUAL REPORT 2003/2004 - MOTION TO NOTE REPORT:
        The Order of the Day having been read for the resumption of debate on the question - That the Assembly take note of the Report -
        The Leader of Government Business (Mr Henderson) moved - That consideration be postponed.
        Question - put and passed - consideration postponed.
    23. ADJOURNMENT:
        The Chief Minister (Ms Martin) 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 00.39am, until today at 10 am.
    –––––––––––––––––
        PAPERS:
        There were no Papers deemed to have been presented on Wednesday 16 February 2005.
    –––––––––––––––––
        ATTENDANCE:
        All Members attended the sitting.
    Last updated: 04 Aug 2016