Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2002-02-27

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 galleries of Year 6/7 students from Stuart Park Primary School accompanied by their teachers Ms Sylvia Sisamanis, Mr Scott Clode and Ms Christina Parker.
On behalf of all Members the Speaker extended a warm welcome to the visitors.

4. DEPUTY CHAIRMAN OF COMMITTEES – WARRANT:
The Speaker pursuant to the provisions of Standing Order 12, laid on the Table her warrant appointing Deputy Chairman of Committees as follows:
W A R R A N T

I hereby revoke all previous warrants nominating Members to act as Deputy Chairmen of Committees and nominate the following Members to act as Deputy Chairmen of Committees, Dr Burns, Mr Kiely, Ms Lawrie, Mr Elferink, Mr Maley, Mr Mills and Dr Lim when requested so to do by the Chairman of Committees.

Given under my hand this 27th day of February of 2002.

LM Braham
Speaker

5. PETITIONS:
The Member for Brennan (Mr Burke), by leave, presented a petition, not conforming with Standing Orders, from 1116 petitioners relating to the establishment of a 24 hour GP service in Palmerston (Paper 201).
Petition read.

The Member for Nelson (Mr Wood) presented a petition from 3908 petitioners requesting that a 24 hour emergency medical service be retained at Palmerston (Paper 202).
Petition read.

Response to Petitions:
The Clerk, pursuant to Standing Order 100A advised that a response to Petition No. 5 had been received and circulated to Members. The text of the response will be included in the Hansard record (Paper 203).

6. MINISTERIAL REPORTS:
East Arm Wharf, Stage 2 funding: The Chief Minister (Ms Martin) made a statement advising of a $20m increase in the capital works funding for development of Stage 2 of the East Arm Wharf.
Mr Reed responded thereto.
Ms Martin responded accordingly.

Remote Area Telecommunications infrastructure: The Minister for Communications (Dr Toyne) made a statement relating to government initiatives to improve remote area telecommunications services.
Dr Lim responded thereto.
Dr Toyne responded accordingly.

Palmerston and Rural Area Health Services: The Minister for Health and Community Services (Mrs Aagaard) made a statement relating to health services in the rural area.
Mr Burke responded thereto.
Mr Wood, by leave, responded thereto.
Mrs Aagaard responded accordingly.

Progress of Major Capital Works Projects, Alice Springs Convention Centre: The Minister for Transport and Infrastructure (Mr Vatskalis) made a statement relating to the development of the Alice Springs Convention Centre.
Mr Reed responded thereto.
Mr Vatskalis responded accordingly.

Ministerial Reports noted, pursuant to Sessional Order.

7. MATTER OF PRIVILEGE – ALLEGED CONTEMPT BY CHAIRMAN OF PUBLIC ACCOUNTS COMMITTEE – PROPOSED REFERRAL TO COMMITTEE OF PRIVILEGES – MOTION NEGATIVED:
The Member for Greatorex (Dr Lim), pursuant to notice, moved – That,

1. The action of the Chairman of the Public Accounts Committee, Dr C Burns MLA in making a public statement on 30 November 2001 in respect of his opinion of evidence taken before the Public Accounts Committee, could be a contempt of this parliament in that the contents of his statement served to prejudge the issue under consideration by the Committee and as such amounts or is likely to amount, to an improper interference with the free exercise by the Committee of its authority or functions; and

2. The matter be referred to the Committee of Privileges for inquiry and report pursuant to Standing Order 83. (Paper 204)

Debate ensued.
Paper tabled: The Member for Greatorex (Dr Lim), by leave, presented the following Paper –
Extract – Note on privilege (Paper 205).

Debate continued.

Visitors: The Speaker advised Members of the presence in the public galleries of Year 12 students from Kormilda College accompanied by their teacher Ms Pamela Wallace.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
Debate continued.
The Leader of Government Business (Mr Stirling) moved – That the question be now put.
Question – That the question be now put – put and passed.
Question – That the motion be agreed to – put and negatived.

8. LOCAL GOVERNMENT AMENDMENT BILL 2002 (Serial 44):
The Member for Nelson (Mr Wood), pursuant to notice, presented a Bill for an Act to amend the Local Government Act.
Bill read a first time.
Mr Wood moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Community Development (Mr Ah Kit) debate was adjourned.

9. CRIMINAL CODE AMENDMENT BILL 2002 (Serial 36):
The Member for Araluen (Ms Carney), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Ms Carney 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.
10. SMALL CLAIMS AMENDMENT BILL 2002 (Serial 40):
The Member for Goyder (Mr Maley), pursuant to notice, presented a Bill for an Act to amend the Small Claims Act.
Bill read a first time.
Mr Maley 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.

Suspension of sitting: The sittings of the Assembly was suspended between 11.56am and 2pm.
11. NOTICES:
The following notices were given:
Mr Stirling: To present the Witness Protection (Northern Territory) Bill 2002 (Serial 37).
Mr Stirling: To present the Police Administration Amendment Bill 2002 (Serial 38).

12. QUESTIONS:
2.59pm Mr Burke to Dr Toyne.
2.01pm Mr Kiely to Ms Martin.
2.05pm Mr Maley to Dr Toyne.
2.07pm Ms Lawrie to Ms Martin.
2.10pm Mr Wood to Mr Henderson.
2.15pm Mr Burke to Dr Toyne.
2.20pm Mr McAdam to Mr Henderson.
2.25pm Mr Maley to Mr Ah Kit.
2.33pm Ms Carney to Mr Henderson.
2.34pm Mr Bonson to Ms Martin.
2.38pm Mr Reed to Mr Henderson.
2.42pm Dr Burns to Mr Vatskalis.
Paper Tabled: The Minister for Transport and Infrastructure (Mr Vatskalis) laid on the Table the following Paper –
Major Work Fact Sheet – Summary 5 February 2002 of capital works in Darwin and Alice Springs (Paper 212).

2.45pm Ms Carter to Mr Henderson.
2.48pm Mr McAdam to Mr Stirling.
2.51pm Mr Wood to Mr Vatskalis.
2.53pm Ms Carney to Mr Henderson.
2.55pm Ms Scrymgour to Mrs Aagaard.

The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question paper.

13. FURTHER NOTICE:
The following further notice was given, by leave:
Dr Toyne: To present the Workmen’s Liens Amendment Bill 2002 (Serial 33).

14. PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE BILL 2002 (Serial 45):
The Member for Drysdale (Mr Dunham), pursuant to notice, presented a Bill for an Act to provide for a Public Accounts and Estimates Committee of the Legislative Assembly and for related purposes.
Bill read a first time.
Mr Dunham moved - That the Bill be now read a second time.
Debate ensued.
On the motion of the Chief Minister (Ms Martin) debate was adjourned.

15. NORTHERN TERRITORY POLICE MORALE – MOTION AS AMENDED, AGREED TO:
The Leader of the Opposition (Mr Burke), pursuant to notice, moved -
That, this Assembly –

(a) notes the current low morale of the Northern Territory Police Force;

(b) express its concerns about this Government’s treatment of former Deputy Police Commissioner, Mr John Valentin;

(c) seeks an explanation from the Government on the full extent and effects of budget savings as revealed by the Commander of the Southern Region in a Memo dated December 15, 2001; and

(d) calls on the Government to urgently appoint a suitably qualified team to conduct a comprehensive review of the needs of operational police in the Northern Territory. (Paper 209)

Debate ensued.
Papers tabled: The Minister for Police, Fire and Emergency Services (Mr Stirling) laid on the Table the following Papers -
Media release, Commissioner responds to Police Budget Comments, dated 30 January 2002 by Denise Hurley, Media Liaison (Paper 210); and
Letter, Mr D J Hawkes to Hon S Stirling, Minister for Employment, Education and Training re matter raised by Mr John Valentin (Paper 211).

Debate continued.
The Minister for Police, Fire and Emergency Services (Mr Stirling) moved – That the motion moved by Mr Burke be amended by omitting all words after "Assembly " and insert in their stead:

1. express total confidence in the Northern Territory Police Force;

2. welcomes Commissioner Paul White to his new role and offers him the Assembly's full support;

3. notes that under the Labor Government's mini-budget of November 2001 the Northern Territory Police will receive $4.9m more than it spent in 2000/01; and

4. notes with concern the attempts of the Leader of the Opposition to create instability in Northern Territory Police Force. (Paper 213)

Amendment agreed to.
Debate continued on the motion, as amended.
The Member for Macdonnell (Mr Elferink), by leave, moved – That the motion as amended be further amended by omitting paragraph 4 of the amended motion -
Debate ensued.
Question – That the amendment moved by Mr Elferink to the motion as amended, be agreed to.
Question - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

AYES, 10 NOES, 14

Mr Baldwin Mrs Aagaard
Mr Burke 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
Mr Mills Mr McAdam
Mr Reed Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Mr Wood

Amendment negatived accordingly.
Debate continued on the motion as amended.
Question – put and passed - motion as amended, agreed to.

16. VIOLENCE AGAINST ABORIGINAL WOMEN – MOTION AS AMENDED, AGREED TO:
The Member for Braitling (Mrs Braham), pursuant to notice, moved –
That, this Assembly is of the opinion that:

(1) The issue of violence against Aboriginal women should become an urgent priority to be addressed by the government;

(2) The implementation of the pro-arrest policy be examined with a view to strengthening its operation;

(3) A campaign backed up by adequate resources be introduced to assist Aboriginal communities to respond to the ever increasing incidence of violence;

(4) The mandatory reporting by medical staff in public hospitals of suspected assaults be introduced; and

(5) The sentencing regime for such crimes of violence reflect the severity of the crime in line with the concern for the protection of Aboriginal women. (Paper 214)

Debate ensued.
The Chief Minister (Ms Martin) moved the following amendment –
Omit all words after “this Assembly is of the opinion that:” and insert in their stead –

(1) The elimination of violence against Aboriginal women is an urgent priority to be addressed by Parliament;

(2) The no drop policy review should be carefully examined and implemented to ensure the strengthening of its operation;

(3) A campaign backed up by adequate resources be introduced to assist Aboriginal communities to respond to the ever increasing incidence of violence;

(4) The establishment of routine screening for domestic and family violence in NT public hospitals be closely monitored to ascertain its effectiveness; and

(5) The sentencing regime for such crimes of violence reflect the severity of the crime in line with the concern for the protection of Aboriginal women. (Paper 215)

Debate ensued on the motion and amendment.
Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –
Article, stabbed woman snubs charges, Northern Territory News, dated 21 January 2002 (Paper 216).

Debate continued.
Paper tabled: The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper -
Lecture notes by Noel Pearson, 25 October 2001, delivered at the University of Sydney as part of the Dr Charles Perkins Memorial Oration – entitled, on the human right to misery, mass incarceration and early death (Paper 217).

Debate continued.
Question – That the amendment be agreed to – put and passed.
Motion, as amended, agreed to.

17. NORTHERN TERRITORY TOURISM INDUSTRY – MOTION, AS AMENDED, AGREED TO:
The Member for Araluen (Ms Carney), pursuant to notice, moved -
That, this Assembly condemns the Labor Government for:

1. Failing to provide adequate support to the Northern Territory Tourism industry;

2. Reducing the promotional effort of the Northern Territory Tourist Commission (NTTC) both in Australia and internationally; and

3. Failing to secure Virgin Blue services to Alice Springs and Yulara. (Paper 218)

Debate ensued.
The Minister for Tourism (Mr Henderson) moved – That all the words after “That” be omitted and insert in their stead –

this Parliament acknowledges the work of the Martin Labor Government to rebuild airline capacity into the Northern Territory following the collapse of Ansett and the events of September 11 and:

1. Congratulates the Martin Labor Government for securing a deal with Virgin airlines to guarantee an additional 1000 seats per week into the Northern Territory, which benefits the whole Territory economy, and notes the total failure of the then CLP Government to secure or support Virgin Blue;

2. Congratulates QANTAS for it’s magnificent efforts in rebuilding airline capacity into the Northern Territory following the collapse of Ansett, and further congratulates QANTAS on their recent announcement of additional services into Darwin and Ayers Rock, and notes with disappointment the collapse today of the Tesna Consortium’s bid for Ansett;

3. Congratulates the Northern Territory Tourist Commission on it’s efforts to respond to the events of September 11 and the collapse of Ansett, particularly it’s campaign to refocus marketing on the domestic and drive markets;

4. Notes the continuing work of the NT Aviation Committee in working with Virgin Blue to build the business case for increased capacity into Alice Springs; and

5. Notes the impressive forward bookings for the Alice Springs Convention Centre and the opportunities for the growth of the tourist industry in Central Australia. (Paper 219)

Debate ensued on the motion and amendment.
Question – That the amendment be agreed to – put and passed.
Question – That the motion, as amended, be agreed to.
Debate ensued.
Question – put and passed.

18. RECREATIONAL ANGLERS AND COMMERCIAL FISHING – MOTION, AS AMENDED, AGREED TO:
The Member for Daly (Mr Baldwin), pursuant to notice, moved –
That, this Assembly –

(a) Notes the concerns expressed by recreational anglers in the Northern Territory regarding the delay by the Labor Government to close the McArthur River system to commercial Barramundi fishing;

(b) Calls on the Labor Government to close the McArthur River to commercial fishing;

(c) Calls on the Labor Government to move immediately on its election promise to Territorians to close the Adelaide River and Bynoe Harbour to commercial fishing;

(d) Calls on the Labor Government to immediately begin the development of a 10 year Barramundi Fishing Strategy for the Northern Territory and that such a strategy will:

(i) be developed in close consultation with AFANT, the Seafood Industry Council and all interested parties; and
(ii) address the principal issues of concern to Territorians including –

River closures
Reduction of commercial Barramundi licences
Resources for infrastructure, research and development
Public education and access
By-catch policies
Indigenous participation; and
Marketing; and

(e) Calls on the Labor Government to implement such a strategy in the immediate future to ensure that the Northern Territory consolidates and advances its position as a pre-eminent world class recreational fishing destination. (Paper 220)

Debate ensued.
Paper tabled: The Minister for Primary Industry and Fisheries (Mr Henderson) laid on the Table the following Paper –
Letter, Mr Tim Baldwin MLA to Director of Fisheries, dated 24 December 2001 re Country Liberal Party, Parliamentary Wing submission to Discussion Paper on the proposed closure of the McArthur River System to commercial barramundi fishing (Paper 221); and
Proposal to close the McArthur River System to commercial barramundi fishing Submission by Mr Tim Baldwin, Shadow Minister for Primary Industry and Fisheries on behalf of the Country Liberal Party (Paper 222).

Debate continued.
The Minister for Primary Industry and Fisheries (Mr Henderson) moved – That the motion be amended by omitting all words after ” That” and insert in their stead -

this Parliament acknowledges the Martin Labor Government’s strong commitment to recreational fishing in the Northern Territory and

1. Congratulates the Government for committing to the development of a long term management plan for the fisheries resources in the Northern Territory based on properly researched scientific data on the sustainability of our fish stocks, and in full consultation with all stakeholders including recreational and commercial fisherman, fishing tour operators, traditional owners and pastoralists;

2. Congratulates the Martin Labor Government for it’s commitment of an additional $1.5 million over three years for new fishing infrastructure such as boat ramps and improved lighting and security;

3. Congratulates the Government on it’s decision to properly consult all affected persons on the potential closure of the McArthur River and notes the Government’s commitment to finalise a decision on the future of the McArthur River by 15th March; and

4. Notes with concern the total failure of the former CLP Government to consult at all on the closure of the McArthur River, and notes that despite the announcement by the Member for Katherine of the decision to close the McArthur River in the absence of the then Minister for Fisheries, and without even discussing the issue with the Fisheries Department, the CLP failed to take any of the necessary administrative and regulatory steps to close the McArthur River. (Paper 223)

Debate ensued on the motion and amendment.
Paper tabled: The Member for Goyder (Mr Maley), by leave, laid on the Table the following Paper –
Press release, We’re fighting for Better Recreational Fishing in the Adelaide River – Labor supports the removal of commercial fishing from the Adelaide River by Bob Hare, candidate for Nelson and Alan Smith, candidate for Goyder (Paper 224).

Debate continued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

AYES, 14 NOES, 9

Mrs Aagaard Mr Baldwin
Mr Ah Kit Mr Burke
Mr Bonson Ms Carney
Dr Burns Ms Carter
Mr Henderson Mr Dunham
Mr Kiely Mr Elferink
Ms Lawrie Dr Lim
Ms Martin Mr Maley
Mr McAdam Mr Reed
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Mr Wood

And so it was resolved in the affirmative.
Amendment agreed to.
Question – That the motion as amended be agreed to.
Question - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

AYES, 14 NOES, 9

Mrs Aagaard Mr Baldwin
Mr Ah Kit Mr Burke
Mr Bonson Ms Carney
Dr Burns Ms Carter
Mr Henderson Mr Dunham
Mr Kiely Mr Elferink
Ms Lawrie Dr Lim
Ms Martin Mr Maley
Mr McAdam Mr Reed
Ms Scrymgour
Mr Stirling
Dr Toyne
Mr Vatskalis
Mr Wood

And so it was resolved in the affirmative.
Motion, as amended, agreed to.

19. HEALTH AND COMMUNITY SERVICES PROMISES BY GOVERNMENT – MOTION, AS AMENDED, AGREED TO:
The Member for Drysdale (Mr Dunham), pursuant to notice, moved - That this Assembly call on the Minister for Health and Community Services to:

1. Outline in a concise, fully-costed and transparent manner the various health and community services initiatives promised by the Government;

2. In the absence of detailed reporting on these matters during this debate, provide detailed position papers and briefings by departmental officers to the Public Accounts Committee for investigation this financial year;

3. Give the Public Accounts Committee a reference to report to Parliament on the fiscal integrity and transparency of the Government promises by August 2002; and

4. Brief the Assembly on her efforts in this important portfolio to date, as the necessity to do this now is urgent, given plummeting levels of confidence in the Minister’s capacity to undertake the level of effort required. (Paper 225)

Debate ensued.
The Minister for Health and Community Services (Mrs Aagaard) moved - That the motion be amended by omitting all words after “That” and insert in their stead –

this Assembly expresses its outrage at the former CLP Government’s deplorable neglect of health and community services over its 26 years in power and applauds the present Government’s commitment to improving health and community services across the Territory through sound and fair leadership.

Debate ensued on the amendment and motion.
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And the Assembly having sat until 12 Midnight -
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Debate continued
Question – That the amendment be agreed to – put and passed.
Question – That the motion, as amended, be agreed to – put and passed.

20. SUSPENSION OF STANDING ORDERS, PASS BILL THROUGH ALL STAGES – MOTION NEGATIVED:
The Minister for Justice and Attorney-General (Dr Toyne), moved – That so much of Standing Orders be suspended as would prevent the Classification of Publications, Films and Computer Games Amendment Bill 2002 (Serial 34) passing through all stages this sittings.
Question – put and passed.
Point of order: The Member for Brennan (Mr Burke) raised a point, the fact that there appeared to have been an insufficient number of Members for there to be an absolute majority of the whole number of members present in the Chamber to pass the motion, pursuant to Standing Order 306.
Point of order upheld: The Speaker thereupon upheld the point of order and the motion to suspend Standing Orders was negatived accordingly.

21. ADJOURNMENT:
The Leader of Government Business (Mr Stirling) moved – That the Assembly do now adjourn.
Question – put and passed.
And the Assembly adjourned at 2.03am on Thursday 27 February 2002 until 10am this day.
PAPERS:
The following Papers were deemed to have been presented on Wednesday 27 February 2002:

Annual Reports
Northern Territory Police Supplementary Benefit Scheme, Auditor-General’s Report to the Trustees, year ended 30 June 2001 (Paper 208)
Territory Insurance Office, 2000/2001 (Paper 206)

Report
Calendar of Multicultural Events 2002 (Paper 207) by Office of Ethnic Affairs

ATTENDANCE
All Members attended the sittings.
Last updated: 04 Aug 2016