Minutes of Proceedings - 2003-02-27
- 1. MEETING:
- The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
- The Speaker advised Honourable Members of receipt of the following Message from His Honour the Administrator:
Message No. 11
Assent to Proposed Laws
Assent to Proposed Laws
I, JOHN CHRISTOPHER ANICTOMATIS, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth,
the assent to the following proposed laws:
9 December 2002
- Northern Territory Aboriginal Sacred Sites Amendment Act 2002 (No. 65 of 2002)
Swimming Pool Fencing Act 2002 (No. 66 of 2002)
Swimming Pool Fencing (Consequential Amendments) Act 2002 (No. 67 of 2002)
- Tobacco Control Act 2002 (No. 68 of 2002)
Agents Licensing Amendment Act 2002 (No. 69 of 2002)
Associations Incorporation Amendment Act 2002 (No. 70 of 2002)
Aerodromes Act Repeal Act 2002 (No. 71 of 2002)
Crown Proceedings Amendment Act 2002 (No. 72 of 2002)
Motor Accidents (Compensation) Amendment Act 2002 (No.73 of 2002)
Pay-roll Tax Amendment Act (No. 3) 2002 (No.74 of 2002)
Petroleum (Submerged Lands) Amendment Act 2002 (No. 75 of 2002)
Liquor Amendment Act 2002 (No. 76 of 2002)
J C ANICTOMATIS
Administrator (Paper 821)
- The Speaker laid on the Table her Warrant nominating further Deputy Chairmen of Committees –
WARRANT
Pursuant to the provisions of Standing Order 12, I nominate Mr L Kiely and Ms M Scrymgour to act as Deputy Chairmen of Committees when requested so to do by the Chairman of Committees.
Given under my hand this 26th day of February, Two thousand and three.
L M Braham
Speaker (Paper 820)
- The Leader of Government Business (Mr Henderson) moved – That leave of absence be granted to Mr Ah Kit for Thursday 27 February 2003 to attend to family business and that questions relating to his ministerial portfolios be directed to myself.
Question - put and passed.
- Chief Minister’s Women’s Study Award: The Chief Minister (Ms Martin) reported on the 2003 Chief Minister’s Women’s Study Awards and its program of encouraging tertiary education and vocational development of women.
Ms Carney responded thereto.
Information Communications Technology Forum: The Minister for Communications (Dr Toyne) reported on the conduct of and his attendance at an information communications technology forum in Darwin and the benefits for the growth of business and jobs in the Territory.
Dr Lim responded thereto.
Dr Toyne responded accordingly.
National Harmony Day: The Minister for Ethnic Affairs (Mr Vatskalis) reported on the forthcoming opening of National Harmony Day at Casuarina Square, Darwin.
Paper tabled: Mr Vatskalis laid on the Table the following Paper –
Aquaculture Project: The Minister for Primary Industry and Fisheries (Dr Burns) reported on the development of the marine harvest aquaculture project at Port Hurd.
Mr Maley responded thereto.
Mr Wood responded thereto.
Dr Burns responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
- The Minister for Racing, Gaming and Licensing (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Private Security 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 Katherine (Mr Reed) debate was adjourned.
- The Speaker advised Members of the presence in the public galleries of –
English as a Second Language students, Darwin High School accompanied by their teacher Ms Jennifer Marshall.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to provide for the economical and early resolution of claims for damages for personal injuries before proceedings
are commenced, to authorise the making of rules to regulate the procedures to be followed in relation to those clams and provide for the commencement of proceedings in respect of unresolved claims, to limit costs
awarded in those proceedings, 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 Goyder (Mr Maley) debate was adjourned.
- The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners Act.
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 Goyder (Mr Maley) debate was adjourned.
- The Leader of Government Business(Mr Henderson), pursuant to notice, moved - That the Assembly at its rising on Thursday 27 February 2003 adjourn until Tuesday 29 April 2003 at 10am at the Alice Springs
Convention Centre or such other time and/or date and/or place as may be set by Madam Speaker, pursuant to Sessional Order.
Question – put and passed.
- The Leader of Government Business (Mr Henderson), pursuant to notice, moved – That unless otherwise ordered, the days and times of meeting and Routine of Business in respect of the regional sitting of
the Assembly in Alice Springs be as follows -
- 1 TIMES OF MEETINGS
- The Assembly meets each day at 10am.
- 2 ROUTINE OF BUSINESS
- The Routine of Business shall be:
- Tuesday 29 April 2003
(i) Prayers
(ii) Petitions
(iii) Ministerial Reports
(iv) Government Business - Notices and Orders of the Day
(v) At 11am, 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
- Wednesday 30 April 2003
(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
- Thursday 1 may 2003
(i) Prayers
(ii) Petitions
(iii) Ministerial Reports
(iv) Government Business - Notices and Orders of the Day
(v) At 2pm, 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
Question –put and passed.
13. STANDING ORDERS COMMITTEE – EXTENSION OF TIME TO REPORT ON CODE OF CONDUCT AND ETHICAL STANDARDS, REFERENCE – MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), moved - That the Standing Orders Committee be given an extension of time until June 2003 to report to the Assembly on the Code of Conduct and
Ethical Standards reference provided to the Committee on 20 June 2002.
Question – put an passed.
- The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time –
Debate ensued.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 11.59am and 2pm.–––––––––––––––––
- 2.00pm Mr Reed to Mr Vatskalis.
2.06pm Mr Kiely to Ms Martin.
2.10pm Mr McAdam to Mr Henderson.
2.14pm Mr Burke to Ms Martin.
2.16pm Mr Wood on behalf of Mrs Braham to Mr Henderson.
2.18pm Mr Burke to Ms Martin.
2.20pm Mr Kiely to Dr Toyne.
2.24pm Mr Burke to Ms Martin.
2.25pm Ms Lawrie to Dr Burns.
2.28pm Ms Carter to Mrs Aagaard.
2.30pm Mr McAdam to Mrs Aagaard.
2.32pm Mr Baldwin to Mr Vatskalis.
2.34pm Supplementary question: Mr Baldwin to Mr Vatskalis.
2.35pm Mr Wood to Mr Stirling.
2.38pm Ms Scrymgour to Dr Toyne.
2.40pm Mr Baldwin to Mr Vatskalis.
2.43pm Mr Kiely to Henderson.
2.46pm Mr Maley to Mr Vatskalis.
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Distinguished visitor: The Speaker advised Members of the presence in the Speaker’s Gallery of Ms Trish Crossin, Senator for the Northern Territory.On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.
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2.49pm Ms Lawrie to Ms Martin.
2.53pm Mr Mills to Mr Vatskalis.
2.55pm Mr Wood to Mr Vatskalis.
Answer to questions: The Chief Minister provided further information in relation to questions asked earlier this day on removals and yesterday on pool fence inspections.
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 on the question, suspended earlier this day – That the Bills be now read a second time –
Debate ensued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Chairman – Mr Wood)
In Committee
(Chairman – Mr Wood)
Personal Injuries (Liabilities and Damages) Bill 2002 (Serial 108):
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to, after debate -
Omit from subclause (2) “Act applies” and insert in its stead “Act, other than Part 4, Division 6, applies”.
On the motion of Dr Toyne the following further amendment was agreed to, after debate –
Insert after subclause (2) –
- (2A) The following claims are excluded from the application of this Act other than Part 4, Division 6:
- (a) a claim for benefits in respect of a death or an injury as a result of an accident within the meaning of the Motor Accidents (Compensation) Act;
(b) a claim for compensation within the meaning of the Work Health Act;
(c) a claim for damages for a personal injury that is a dust-related condition;
(d) an application for an assistance certificate under the Crimes (Victims Assistance) Act;
(e) a claim, in relation to the supply of certain goods, in respect of loss or damage in the nature of a personal injury that is referred to –
- (i) in section 26, 31, 37 or 39 of the Consumer Affairs and Fair Trading Act or in a substantially similar provision of consumer protection and fair trading legislation of a State
or another Territory of the Commonwealth; or
(ii) in section 65C, 65D or 65H of the Trade Practices Act 1974 of the Commonwealth.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Omit from subclause (3) “Act” and insert in its stead “Act other than Part 4, Division 6.
On the motion of Dr Toyne the following further amendment was agreed to, after debate –
Insert at the end –
- (4) In this section –
- "dust-related condition" means –
(a) aluminosis, asbestosis, asbestos induced carcinoma, asbestos related pleural disease, bagassosis, berylliosis, byssinosis, coal dust pneumoconiosis, farmer's lung,
hard metal pneumoconiosis, mesothelioma, silicosis, silico-tuberculosis or talcosis; or
(b) any other pathological condition of the lungs, pleura or peritoneum that is attributable to dust.
Clause 4, as amended, agreed to.
Clauses 5 and 6, by leave, taken together and agreed to, after debate.
Clause 7 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Insert after subclause (5) –
- (5A) If under this section a community organisation incurs civil liability for a personal injury, a member of the organisation's management committee (however described) does not incur personal liability for that injury.
On the motion of Dr Toyne the following further amendment was agreed to, after debate -
Omit from the definition of “community organisation” in subclause (6), “means a” and insert in its stead “means a religious body or”.
Clause 7, as amended, agreed to.
Clause 8 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)(b), “for 12 months or more”.
Clause 9, as amended, agreed to.
Clause 10 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate –
Omit from subclause (1)(a), “for 12 months or more”.
Clause 10, as amended, agreed to.
Clauses 11 to 13, by leave, taken together and agreed to, after debate.
Clause 14 to 17, by leave, taken together and agreed to, after debate
Clause 18 read.
Omit the definition of “non-pecuniary loss” and insert in its stead –
- "impairment" means a loss, loss of use or derangement of any body part, organ system or organ function, or a combination of those impairments, but does not include a psychological or
psychiatric injury prescribed by the Regulations;
"non-pecuniary loss" means permanent impairment suffered as a consequence of a personal injury;
"permanent impairment" means impairment that is assessed to be permanent impairment in accordance with the prescribed guides;
"prescribed guides" means –
- (a) the guides prescribed by the Regulations; or
(b) if no guides are prescribed by the Regulations – the American Medical Association Guides to the Evaluation of Permanent Impairment (as modified by any regulation) as published from time to time.
Clause 18, as amended, agreed to.
Heading –
On the motion of Dr Toyne the following amendment was agreed to, after debate –
Omit the heading, “PART 4, DIVISION 4, HEADING”.
Clauses 19 to 23, by leave, taken together and agreed to, after debate.
Clause 24 negatived.
Clause 25 negatived.
Clause 26 negatived.
New Clauses –
On the motion of Dr Toyne the following amendment was agreed to, after debate –
Insert after Clause 23 the following –
Division 4 – Non-pecuniary loss
- 24. Purpose of Division
- The purpose of this Division is –
(a) to abolish common law principles relating to the assessment and awarding of damages for pain and suffering, loss of amenities of life, loss of expectation of life or disfigurement; and
(b) to provide for the assessment and awarding of damages other than for pecuniary loss on the basis of the degree of permanent impairment suffered by the injured person.
- A court may award damages other than for pecuniary loss, or may refuse to award such damages, only in accordance with section 26A after determining the injured person's degree of permanent impairment
in accordance with section 26.
26. Assessment of degree of impairment
- (1) A court, in determining the degree of permanent impairment suffered by an injured person, must do so on the basis of evidence adduced under this section.
(2) The claimant and the respondent may each adduce evidence for the purposes of subsection (1).
(3) Evidence of permanent impairment is to be given only by a medical practitioner who has assessed the degree of permanent impairment in accordance with the prescribed guides and any applicable regulation.
(4) The Regulations may provide for any matters in relation to the assessment of permanent impairment suffered by an injured person, including the following:
- (a) the content of prescribed guides, including by modification of the American Medical Association Guides to the Evaluation of Permanent Impairment;
(b) procedures relating to the assessment of permanent impairment;
(c) the qualifications of medical practitioners who may give evidence under this section;
(d) the costs in connection with the assessment of impairment.
- (1) The maximum amount of damages a court may award for non-pecuniary loss is –
- (a) on the commencement of this Part until the first declaration under section 26B takes effect – $350 000; and
(b) at any time after the first declaration under section 26B takes
effect – the amount declared and in force under section 26B at the time of the award.
(3) When awarding damages for non-pecuniary loss, a court must award the following amount:
- (a) if the court determines the degree of permanent impairment to be 85% or more of the whole person – the maximum amount;
(b) if the court determines the degree of permanent impairment to be not less than 15% and not more than 84% of the whole person – the relevant percentage of the maximum amount;
(c) if the court determines the degree of permanent impairment to be a percentage of the whole person specified in column 1 of the Table – the amount specified in column 2 opposite the relevant percentage.
TABLE
Column 1 | Column 2 |
Degree of permanent impairment as percentage of whole person | Amount of damages to be awarded |
not less than 5% but less than 10% | 2% of the maximum amount |
10% | 3% of the maximum amount |
11% | 4% of the maximum amount |
12% | 6% of the maximum amount |
13% | 8% of the maximum amount |
14% | 12% of the maximum amount (4) In subsection (3) – |
- "maximum amount" means the maximum amount a court may award in accordance with subsection (1).
- (1) The amount applicable for section 26A(1) is to be declared by the Minister on or before 1 October in each year subsequent to the year in which this Part commences.
(2) The declaration is to be published in the Gazette and is to state the date on which the declaration takes effect.
(3) The amount declared is the amount applicable under section 26A(1) immediately before making the declaration, adjusted by the percentage change in average weekly earnings over the 4 quarters of the year preceding the year in which the declaration is made.
(4) The amount declared is to be rounded to the nearest $500.
(5) The validity of a declaration is not affected by –
- (a) a failure of the Minister to make the declaration on or before 1 October in any year; or
(b) a failure to publish the declaration before the date on which it takes effect.
Clauses 27 to 30, by leave, taken together and agreed to.
Clause 31 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Insert at the end –
- (2) The Regulations may apply, adopt, incorporate or apply by reference (either wholly or in part or with or without modification) an instrument as in force at a particular time or as in force from time to time prescribed or published by an authority or body, whether or not a Territory authority or body.
(3) An instrument applied, adopted or incorporated by the Regulations may require anything referred to in that instrument to be in accordance with another instrument to which that instrument refers.
(4) In this section –
- "instrument" means a guide, standard, code, specification, method or other document.
Bill to be reported with amendments.
Personal Injuries (Liabilities and Damages) (Consequential Amendments) Bill 2002 (Serial 109):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Acting Deputy Speaker (Ms Lawrie) resumed the Chair; the Chairman (Mr Wood) reported the - Personal Injuries (Liabilities and Damages) (Consequential Amendments) Bill 2002 (Serial 109), without amendment;
and accordingly the reports were adopted.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
- 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.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Chairman – Mr Wood)
In Committee
(Chairman – Mr Wood)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Insert in proposed section 68A, after subsection (1) –
- (1A) For subsection (1)(e), the disclosure may be made –
- (a) in writing (whether by prominent signage, written notice handed to the person or other means);
(b) verbally (including, if practicable, an enquiry of the person that he or she understands and accepts the effect of the exclusion, restriction or modification); or
(c) by a combination of writing and verbally,
as appropriate in the circumstances.
Clause 3, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
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The Acting Deputy Speaker (Ms Lawrie) resumed the Chair; the Chairman (Mr Wood) reported and accordingly 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 laws.
- The speaker advised members of the presence in the Speaker’s Gallery of Professor Fiona Stanley accompanied by Mr Len Nixon, Institute of Child Health Research.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- Suspension of Standing Orders: The Leader of Government Business (Mr Henderson), pursuant to notice, moved – That so much of Standing Orders be suspended as would prevent debate on the Standing Orders Committee
report and the motions relating to the appointment of the Estimates Committee and the Government Owned Corporations Scrutiny Committee being debated together and the questions being put separately.
Question – put and passed.
Mr Henderson, pursuant to notice, moved – That the Assembly appoint a Government Owned Corporations Scrutiny Committee to examine and report on the activities, performance, practices and financial management of Government Owned Corporations for 2003/2004 in the terms circulated to Members and as follows -
GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE – ORDERS
A. INTRODUCTION
A. 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 2003/04.
B. 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.
C. 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 27 June 2003 for 2 hours from 1.00pm to 3.00pm.
D. HEARING PROCEDURE
16. All hearings of the Committee are open to the public unless the Committee otherwise orders.
17. Except where otherwise provided in this Order, or the Committee otherwise determines, in the Committee hearings the examination of the Power and Water Corporation should follow as far as possible,
procedures observed by the Committee-of-the-Whole Assembly.
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 2003/04.
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.
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.
- 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 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
26. 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.
27. Any document tabled at the hearing, by leave of the Committee, is deemed to be authorised for release by the Committee unless the Committee otherwise orders.
G. BROADCASTING AND TELEVISING OF PROCEEDINGS
28. 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.
H. DISORDER
29. 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.
30. A Member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
31. 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.
32. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Government Owned Corporations Scrutiny Committee be replaced.
33. 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.
I. REPORT OF GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE
34. 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.
35. When the Report of the Committee is presented it shall be taken into consideration forthwith, together with the Report of the Estimates Committee.
36. 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 2003/04, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2003/04, be noted "
Any other Member10 minutes,
The maximum period for consideration shall be 5 hours.
Mr Henderson, pursuant to notice, moved – That the Assembly appoint an Estimates Committee for the purposes of examining and reporting on the Estimates of proposed expenditure contained in the Appropriation Bill
2003/2004 in the terms circulated to Members and as follows -
ESTIMATES COMMITTEE – ORDERS
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 2003/04.
2. That the Schedule to the Appropriation Bill 2003/04 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 27 June, 2003.
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 2003-04 will be referred to the Government Owned Corporations Scrutiny Committee when it is tabled in the Parliament.
B. MEMBERSHIP
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 24 June, 2003 it commences at 9:00am and adjourns at 11.30pm;
(b) on Wednesday 25 June, 2003 it commences at 9.00am and adjourns at 11.30pm;
(c) on Thursday 26 June, 2003 commences at 9.00am and adjourns at 11.30pm, and
(d) on Friday 27 June, 2003 it commences at 9.00am and adjourns at 12 midday.
(e) 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. Except where otherwise provided in this Order, or the Committee otherwise determines, in the Estimates Committee hearings consideration of proposed expenditure should follow as far as possible, procedures observed by the Committee-of-the-Whole Assembly.
22. The Committee will consider proposed expenditure on an output by output basis.
23. 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.
24. Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.
25. The Minister (or Speaker) who has been asked for explanations may be assisted, where necessary, by officers in the provision of relevant information.
26. Officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.
27. Questions and explanations should be brief and avoid irrelevance and tedious repetition.
28. 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.
30. 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
31. 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.
32. Any document tabled at the hearing, by leave of the Committee, is deemed to be authorised for release 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 2003/04, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to the Statement of Corporate Intent for 2003-04, 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".
Debate ensued on the Standing Orders Committee report and motions.
Question – That the Standing Orders Committee Report on the review and options for the enhancement of the operation of the Estimates Committee Process, be adopted – put and passed.
Question - That the Assembly appoint a Government Owned Corporations Scrutiny Committee in the terms notified above – put and passed.
Question - That the Assembly appoint a Estimates Committee in the terms notified above – put and passed.
- The Leader of Government Business (Mr Henderson) moved – That Government Business, Orders of the Day relating to the motion noting the Public Accounts Committee Report on the establishment of an Estimates Committee process be discharged.
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 Leader of the Opposition (Mr Burke), by leave, the following Papers -
Letter, Ms Naomi Porrovecchio, ministerial assistant to Mr Denis Burke MLA, re phone tapping incident, dated 2 September 2002 (Paper 824);
Letter, Mr Denis Burke MLA to Hon Dr Peter Toyne MLA, e-mail re phone tapping incident (Paper 825);
Letter, Hon Peter Toyne MLA to Mr Denis Burke, dated 7 October 2002 re phone tapping incident (Paper 826); and
Letter, Hon Peter Toyne MLA to Mr Denis Burke MLA, dated 12 February 2002 re Corrections Centre telephone tapping (Paper 827).
Debate continued.
Question – put and passed.
- The Order of the Day having been read for the resumption of debate on the motion – That the Assembly take note of the Report –
Debate resumed.
Question – put and passed.
- The Order of the Day having been read for the resumption of debate on the motion – That the Assembly take note of the Report –
Debate resumed.
Question – put and passed.
- The Minister for Lands and Planning (Mr Vatskalis) laid on the Table a Development Application Direction, pursuant to section 77 of the Planning Act not to approve any subdivision proposal for NT Portion 3951, Alice Springs (Paper 830).
- The Chairman (Ms Scrymgour) laid on the Table the Interim Report of the Select Committee on Substance Abuse in the Community, Issues of alcohol abuse, cannabis abuse and inhalant abuse, February 2003 (Paper 829).
Ms Scrymgour moved – That the Report be Printed.
Question – put and passed.
Ms Scrymgour moved – That the Assembly take note of the Report.
Debate ensued.
Ordered – That Ms Scrymgour have leave to continue her remarks at a later hour.
Debate adjourned.
- The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 9.44pm on Thursday 27 February 2003 until Tuesday 29 April 2003 at 10am at the Alice Springs Convention Centre or such other time and/or place as may be advised to Members by the Speaker, pursuant to Sessional Order and resolution of the Assembly dated 27 February 2003.
PAPERS:
The following Papers were deemed to have been Tabled on Thursday 27 February 2003 –
By-Laws 2003:
Amendments of Northern Territory University (Site and Traffic) By-Laws (Paper 822)
ATTENDANCE
All Members attended the sittings, except Mr Ah Kit on leave.
Ian McNeill
Clerk of the Legislative Assemby
Last updated: 04 Aug 2016