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Minutes of Proceedings - 2001-07-04

Eighth Assembly First Session 26/06/2001 Parliamentary Record No. 29
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Date : 04/07/2001

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1. MEETING:
The Assembly met at 10.00 h. The Speaker, the Honourable T. R. McCarthy, took the Chair.

2. PRAYERS.

3. PETITIONS:

The Member for Blain (Mr Mills) presented a petition from 40 petitioners relating to the doubling of abortions in Northern Territory Public Hospitals in the last 10 years. (Paper 2581)

Petition read

The Member for Wanguri (Mr Henderson) presented a petition from 380 petitioners relating to the Commissioner’s attitude to nurses in negotiations for a new Enterprise Bargaining Agreement. (Paper 2582)

Petition read

4. OPPOSITION ADMINISTRATIVE ARRANGEMENTS:

The Leader of the Opposition (Ms Martin) advised Members of changes in opposition portfolio responsibilities as follows:

Member for Wanguri – Shadow Portfolio of Resource Development;

Member for Stuart – Shadow Portfolio of Regional Development; and

Leader of the Opposition – Shadow Portfolio of Transport and Infrastructure Development, and Territory Ports.

Ms Martin made a statement relating to the changes.

5. NOTICES:

The following notices were given:

Mr Burke: To present the Statute Law Revision Bill 2001 (Serial 337).

Dr Lim: To present the Local Government Amendment Bill (No. 2) 2001 (Serial 339).

Mr Manzie: To present the Mining Management (Consequential Amendments) Bill 2001 (Serial 340).

Ms Martin: To move –

That, this Assembly –

1. Congratulate the representatives of the Commonwealth of Australia and the East Timorese Interim Cabinet on concluding negotiations on the agreement to develop the oil and gas reserves in the Timor Sea.

2. Acknowledge this agreement as a great achievement for Australia and the Northern Territory.

6. QUESTIONS:

10:07 Ms Martin to Mr Burke.

10:14 Mr Hatton to Mr Burke.

10:19 Ms Martin to Mr Burke.

10:21 Mr Mills to Mr Reed.

10:28 Mr Stirling to Mr Reed.

10:35 Ms Carter to Mr Palmer.

10:39 Dr Toyne to Mr Lugg.

10:41 Mr Balch to Mr Baldwin.

10:45 Mr Stirling to Mr Burke.

10:49 Mr Mitchell to Mr Palmer.

10:54 Ms Martin to Mr Baldwin.

10:56 Mrs Braham to Dr Lim.

10:57 Mr Mills to Mr Adamson.

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

Answer to Question:

The Minister for Health, Family and Children’s Services (Mr Dunham) provided an answer to a question asked of him yesterday by the Leader of the Opposition relating to the tardiness of an ambulance attention to an elderly constituent

7. PERSONAL EXPLANATION:

The Minister for Resource Development (Mr Manzie) made a personal explanation, pursuant to Standing Order 56, relating to an assertion made by the Leader of the Opposition of his reasons for not standing at the next General Election for the Legislative Assembly.

8. WORKMEN’S LIENS AMENDMENT BILL 2001 (Serial 341):

The Leader of the Opposition (Ms Martin), pursuant to notice, presented a Bill for and Act to amend the

Workmen’s Liens Act

Bill read a first time.

Ms Martin 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.

9. RAPID CREEK LAND USE OBJECTIVES – MOTION NEGATIVED:

The Leader of the Opposition (Ms Martin), pursuant to notice, moved - That, this Assembly call on the Minister for Lands, Planning and Environment to -

1. Reverse the decision made by the Chairman of the Development Consent Authority which made major variations to the land use objectives for Rapid Creek.

2. Honour the commitment given in the Rapid Creek land use objectives to maintain a 100 metre conservation corridor along Rapid Creek.

3. Keep faith with the hundreds of Darwin residents who contributed over an 18 month period to the formation of the Rapid Creek Land Use Objectives. (Paper 2583)

Debate ensued.

Distinguished visitors:

The Speaker advised Members of the presence in the Speaker’s Gallery of Dr Neil Conn, former Administrator of the Northern Territory and Mrs Lesley Conn.

On behalf of all Members Mr Speaker extended a warm welcome to the distinguished visitors.

Debate continued.

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Suspension of sittings:

The sittings of the Assembly were suspended between 12:14 h and 14:15 h.

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Debate resumed.

Question - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

AYES, 6 NOES, 16

Mr Henderson Mr Adamson

Mrs Hickey Mr Balch

Ms Martin Mr Baldwin

Mr Rioli Mrs Braham

Mr Stirling Mr Burke

Dr Toyne Ms Carter

Mr Dunham

Mr Elferink

Dr Lim

Mr Lugg

Mr Manzie

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

Motion negatived accordingly.

10. FAST TRACKING OF SEXUAL OFFENDERS THROUGH THE COURTS – MOTION NEGATIVED:

The Member for Nhulunbuy (Mr Stirling), pursuant to notice, moved - That, this Assembly direct the Attorney-General to prepare specific legislation to provide:

1. That any complaint of an alleged sexual offence is to be fast tracked.

2. Once a charge of a sexual offence is made it must be listed for committal hearing to commence within three months from the date of the offender being charged.

3. Within three months of the completion of committal a trial in the supreme court is to commence.

4. The legislation should be as strict as possible making it plain that parliament considers it mandatory that both prosecution and defence abide by the rules.

5. All possible assistance should be given to courts to enable them to produce procedures for fast tracking which are simple and practicable .

6. That extensions of time for the above rules may be granted by the court in exceptional cases and subject to such strict conditions as the court may impose. (Paper 2584)

Debate ensued.

Question – put and negatived.

11. TEMPORARY EMPLOYMENT CONTRACT USE IN THE NORTHERN TERRITORY PUBLIC SERVICE – MOTION NEGATIVED:

The Member for Nhulunbuy (Mr Stirling), pursuant to notice, moved - That, this Assembly express its concern at the -

(a) overuse of temporary contracts in the Northern Territory Public Service;

(b) demoralisation of public servants being caused by ill considered outsourcing and organisational change;

And further resolves that our public servants will be better able to perform their duties if -

(d) separation of powers between politicians and public servants is restored to allow public servants to give frank and fearless advice to government;

(e) administrative standards and internal procedures are freed from political interference; and

(f) structure and functions of the public service are stabilised. (Paper 2585)

Debate ensued.

Question - That the question be now put - put.

The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

AYES, 15 NOES, 6

Mr Adamson Mr Henderson

Mr Balch Mrs Hickey

Mr Baldwin Ms Martin

Mrs Braham Mr Rioli

Mr Dunham Mr Stirling

Mr Elferink Dr Toyne

Mr Hatton

Dr Lim

Mr Lugg

Mr Manzie

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

And so it was resolved in the affirmative.

Question - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

AYES, 6 NOES, 15

Mr Henderson Mr Adamson

Mrs Hickey Mr Balch

Ms Martin Mr Baldwin

Mr Rioli Mrs Braham

Mr Stirling Mr Dunham

Dr Toyne Mr Elferink

Mr Hatton

Dr Lim

Mr Lugg

Mr Manzie

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

Motion negatived accordingly.

12. LOCAL GOVERNMENT AMENDMENT BILL 2001 (Serial 294):

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 - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

AYES, 7 NOES, 15

Mrs Braham Mr Adamson

Mr Henderson Mr Baldwin

Mrs Hickey Mr Burke

Ms Martin Ms Carter

Mr Rioli Mr Dunham

Mr Stirling Mr Elferink

Dr Toyne Mr Hatton

Dr Lim

Mr Lugg

Mr Manzie

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

Motion negatived accordingly.

13. LOCAL COURT AMENDMENT BILL 2001 (Serial 329) and SMALL CLAIMS AMENDMENT BILL 2001 (Serial 330):

Suspension of Standing Orders:

The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Local Court Amendment Bill 2001 (Serial 329) and Small Claims Amendment Bill 2001 (Serial 330) -

(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and

(b) the consideration of the Bills separately in the committee of the whole.

Question – put and passed –there being an absolute majority of the whole number of Members present and no dissentient voice.

Mr Burke, pursuant to notice, presented a Bill for an Act to amend the

Local Court Act

and a Bill for an Act to amend the

Small Claims Act

Bill read a first time.

Mr Burke moved – That the Bills be now read a second time.

Debate ensued.

On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

14. CRIMINAL CODE AMENDMENT BILL (No. 2) 2001 (Serial 338):

The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.

Bill read a first time.

Mr Burke moved – That the Bill be now read a second time.

Debate ensued.

On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

15. ORDER OF BUSINESS:

The Leader of Government Business (Mr Palmer) moved – That intervening Government Business, Orders of the Day, be postponed until after consideration of the Public Order and Anti-social Conduct Bill 2001 (Serial 335).

Question – put and passed.

16. PUBLIC ORDER AND ANTI-SOCIAL CONDUCT BILL 2001 (Serial 335):

Suspension of Standing Orders:

The Minister for Police, Fire and Emergency Services (Mr Reed) moved – That so much of Standing Orders be suspended as would prevent Bills entitled Public Order and Anti-social Conduct Bill 2001 (Serial 335) -

(b) the consideration of the Bills separately in the committee of the whole.

Question – put and passed –there being an absolute majority of the whole number of Members present and no dissentient voice.

The Order of the Day having been read for resumption of debate on the question – That the Bill be now read a second time –

Debate resumed.

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Suspension of sitting:

The sitting of the Assembly was adjourned at 18:23 h until the ringing of the Bells.

Bells having been rung the sittings resumed at 18:30 h.

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Debate continued.

Question - put and passed.

Bill read a second time.

The Assembly resolved itself into Committee of the Whole for consideration of the Bill.

In Committee
(Chairman – Mr Mitchell)

Clauses 1 to 4, by leave, taken together and agreed to.

Clause 5 –

Debate ensued.

Question - That the motion be agreed to - put.

The Assembly divided (the Chairman Mr Mitchell, in the Chair) -

AYES, 16 NOES, 6

Mr Adamson Mr Henderson

Mr Balch Mrs Hickey

Mr Baldwin Ms Martin

Mrs Braham Mr Rioli

Mr Burke Mr Stirling

Ms Carter Dr Toyne

Mr Dunham

Mr Elferink

Mr Hatton

Dr Lim

Mr Lugg

Mr Manzie

Mr Mills

Mr Palmer

Mr Poole

Mr Reed

And so it was resolved in the affirmative.

Clause 5, as printed, agreed to.

Clause 6 agreed to.

Clause 7 agreed to.

Proposed New Clause 7A –

Mr Stirling moved the following amendment –

Insert before clause 8 in Part 3 the following:

7A. Definition

'In this Part –

"anti-social conduct" includes conduct, behaviour or an incident that is, or is likely to be, connected with the supply of a dangerous drug within the meaning of the

Misuse of Drugs Act

.'.

Debate ensued.

Question - That the amendment be agreed to - put.

The Assembly divided (the Deputy Speaker, Mr P. A. Mitchell, in the Chair) -

AYES, 6 NOES, 16

Mr Henderson Mr Adamson

Mrs Hickey Mr Balch

Ms Martin Mr Baldwin

Mr Rioli Mrs Braham

Mr Stirling Mr Burke

Dr Toyne Ms Carter

Mr Dunham

Mr Elferink

Mr Hatton

Dr Lim

Mr Lugg

Mr McCarthy

Mr Mills

Mr Palmer

Mr Poole

Mr Reed

Amendment negatived accordingly.

New Clause 7A negatived accordingly.

Remainder of the Bill, by leave, taken as a whole and agreed to.

Bill to be reported without amendment.

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The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same without amendment.

Bill reported , report adopted.

On the motion of the Minister for Police, Fire and Emergency Services (Mr Reed) the Bill was read a third time and passed to be a proposed law.

17. DOMESTIC VIOLENCE AMENDMENT BILL 2001 (Serial 320); and BAIL AMENDMENT BILL 2001 (Serial 321):

Suspension of Standing Orders

The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Domestic Violence Amendment Bill 2001 (Serial 320); and Bail Amendment Bill 2001 (Serial 321), passing through all stages at these sittings.

Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

The Order of the Day having been read for resumption of debate on the question – That the Bills be now read a second time –

Debate resumed.

Question – put and passed.

Bills read a second time.

Leave granted for a motion for the third readings of the Bills to be moved forthwith.

On the motion of the Attorney-General (Mr Burke) the Bills were read a third time and passed to be proposed laws.

18. JUSTICES AMENDMENT BILL 2001 (Serial 303):

Suspension of Standing Orders

The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Justices Amendment Bill 2001 (Serial 303), passing through all stages at these sittings.

Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

The Order of the Day having been read for resumption of debate on the question – That the Bill be now read a second time –

Debate resumed.

Question – put and passed.

Bill read a second time.

Leave granted for a motion for the third reading of the Bill to be moved forthwith.

On the motion of the Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.

19. ADJOURNMENT:

The Chief Minister (Mr Burke) moved – That the Assembly do now adjourn.

Debate ensued.

Question – put and passed.

The Assembly adjourned at 20:36 h until Thursday 5 July 2001 at 10:00 h.

PAPERS:

The following Papers were deemed to have been presented on Wednesday 4 July 2001 –

Financial Statement:

Northern Territory University, year ended 31 December 2000 (Paper 2580)

ATTENDANCE:

All Members attended the sitting.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 2001-07-04