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Minutes of Proceedings - 2000-02-23

Eighth Assembly First Session 22/02/2000 Parliamentary Record No. 21
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Date : 23/02/2000

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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. VISITORS:
The Speaker advised Members of the presence in the public galleries of Year 7 students from Moil Primary School accompanied by their teacher Ms Tracy Carrados and Year 7 students from Gray Primary School accompanied by their teachers Ms Sue Trimble and Ms Sylvia Steen.

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

4. QUESTIONS:

10:02 Ms Martin to Mr Reed.

10:09 Dr Lim to Mr Burke.

10:15 Mr Martin to Mr Burke.

10:25 Mr Balch to Mr Burke.

10:29 Mr Henderson to Mrs Braham.

10:32 Mr Elferink to Mr Manzie.

10:34 Mr Ah Kit to Mr Baldwin.

10:39 Mr Mills to Mr Reed.

10:46 Mr Stirling to Mr Dunham.

10:50 Mr Balch to Mr Reed.

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

5. MIMOSA PIGRA AND WEED CONTROL IN THE NORTHERN TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:

The Minister for Primary Industry and Fisheries (Mr Palmer) made a statement relating to weed control in the Northern Territory and particularly Mimosa Pigra (Paper 1698).

Mr Palmer moved – That the Assembly take note of the Statement.

Debate ensued.

Question- put and passed.

6. CENSURE OF CHIEF MINISTER – “CORRUPT” JUDICIARY SYSTEM – MOTION NEGATIVED:
The Leader of the Opposition (Ms Martin) moved – That so much of Standing Orders as would prevent her moving a motion censuring the Chief Minister for his comments in relation to his comments on the justice system in the Northern Territory.
Question – put and passed – there being a majority of the whole number of members present and no dissentient voice.

Ms Martin thereupon moved – That -

1. This Assembly censure the Chief Minister and the Attorney-General for:

(a) compromising the justice system for which he is responsible with his unqualified words that “The Justice system per se is totally corrupt”;

(b) creating the circumstances whereby the Chief Justice has sought to disqualify himself from a case earlier today, as the integrity of the entire court system has been so severely compromised by the Attorney-General’s allegations of corruption;

(d) destroying any semblance of public confidence in our justice system, in our judges, magistrates, prosecutors, legal services, police and correctional officers; and

(e) failing to carry out his primary duty as the first law officer of the Northern Territory to protect and uphold an independent, impartial judicial system in which Territorians can trust.

2. This Assembly calls on the Attorney-General to resign immediately (Paper 1700).

Debate ensued.

Paper tabled:

The Leader of the Opposition (Ms Martin) laid on the Table the following Paper -

Excerpt of statement by Chief Justice Brian Martin, dated 23 February 2000 made in Supreme Court
(Paper 1701).

Debate continued.

The Deputy Chief Minister (Mr Reed) 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.

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

AYES, 7 NOES, 17

Mr Ah Kit Mr Adamson

Mr Henderson Mr Balch

Mrs Hickey Mr Baldwin

Ms Martin Mrs Braham

Mr Rioli Mr Burke

Mr Stirling Mr Dunham

Mr Toyne Mr Elferink

Mr Hatton

Dr Lim

Mr Lugg

Mr McCarthy

Mr Manzie

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

Motion negatived accordingly.

7. EDUCATIONAL ACHIEVEMENTS – MINISTERIAL STATEMENT – STATEMENT NOTED:

The Minister for School Education (Mr Lugg) made a statement relating to achievements in education throughout the Territory school system (Paper 1699).

Mr Lugg moved – That the Assembly take note of the Statement.

Debate ensued.

Question – put and passed.

8. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 2000 (Serial 215):

The Minister for Industries and Business (Mr Baldwin), on behalf of and at the request of the Minister for Correctional Services (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the

Prisons (Correctional Services) Act

Bill read a first time.

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

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

9. LAW OF PROPERTY BILL 1999 (Serial 200) and LAND TITLE BILL 1999 (Serial 201):

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.

Leave granted to move motion – postpone second reading:

The Member for Nhulunbuy (Mr Stirling), by leave, moved – That the second reading debate of the Law of Property Bill 1999 (Serial 200) and Land Title Bill 1999 (Serial 201) be postponed until such time as the uncertainty in the legal system created by the Attorney-General’s corruption remarks have been resolved.

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

Mr Stirling proceeding to move his motion –

The Leader of Government Business (Mr Palmer) moved - That the question be now put.

Question – That the question be now put – put.

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

AYES, 14 NOES, 7

Mr Adamson Mr Ah Kit

Mr Balch Mrs Hickey

Mr Baldwin Mr Henderson

Mrs Braham Ms Martin

Mr Burke Mr Rioli

Mr Dunham Mr Stirling

Mr Elferink Mr Toyne

Mr Hatton

Mr Lugg

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

And so it was resolved in the affirmative.

Question - That the motion moved by Mr Stirling be agreed to - put.

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

AYES, 7 NOES, 17

Mr Ah Kit Mr Adamson

Mrs Hickey Mr Balch

Mr Henderson Mr Baldwin

Ms Martin Mrs Braham

Mr Rioli Mr Burke

Mr Stirling Mr Dunham

Mr Toyne Mr Elferink

Mr Hatton

Dr Lim

Mr Lugg

Mr McCarthy

Mr Manzie

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

Motion negatived accordingly.

Suspension of Standing Orders:

The Member for Nhulunbuy (Mr Stirling) moved – That so much of Standing Orders be suspended as would prevent him moving a motion forthwith in the following terms: That the Assembly postpone debate on the second reading of the Law of Property Bill 1999 (Serial 200) and Land Title Bill 1999 (Serial 201) until such time as the uncertainty in the legal system created by the Attorney-General’s corruption remarks have been resolved.

The Leader of Government Business (Mr Palmer) moved – That the question be now put.

Question - That the question be now put - put.

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

AYES, 16 NOES, 7

Mr Adamson Mr Ah Kit

Mr Balch Mr Henderson

Mr Baldwin Mrs Hickey

Mrs Braham Ms Martin

Mr Burke Mr Rioli

Mr Dunham Mr Stirling

Mr Elferink Mr 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 moved by Mr Stirling be agreed to - put.

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

AYES, 7 NOES, 17

Mr Ah Kit Mr Adamson

Mr Henderson Mr Balch

Mrs Hickey Mr Baldwin

Ms Martin Mrs Braham

Mr Rioli Mr Burke

Mr Stirling Mr Dunham

Mr Toyne Mr Elferink

Mr Hatton

Dr Lim

Mr Lugg

Mr McCarthy

Mr Manzie

Mr Mills

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

Motion negatived accordingly.

Debate continued on the question – That the Bills be now read a second time.

Question – put and passed.

Bills read a second time.

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

In Committee
(Chairman – Mr Mitchell)

Law of Property Bill 1999 (Serial 200):

Clauses 1 to 36, by leave, taken together and agreed to.

Clause 37 read –

On the motion of the Attorney-General (Mr Burke) the following amendment was agreed to –

Omit from subclause (1) the definition of "patient" and substitute the following:

' "patient" means a person admitted to an approved treatment facility as a voluntary or involuntary patient under the

Mental Health and Related Services Act

;'.

Clause 37 as amended, agreed to.

Clause 38 to 74, by leave, taken together and agreed to.

Clause 75 read –

On the motion of Mr Burke the following amendment was agreed to –

Add at the end of subclause (1) the following:

'Penalty: 50 penalty units.'.

Clauses 76 to 183 by leave, taken together and agreed to

Clause 184 read –

On the motion of Mr Burke the following amendment was agreed to –

Omit from subclause (1) 'on' and substitute 'before'.

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

Bill to be reported with amendments.

Land Title Bill 1999 (Serial 201):

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

On the motion of the Leader of Government Business (Mr Palmer) the schedule of amendments standing in the name of Mr Burke were taken together, by leave, and agreed to as follows:

Omit clause 142(2) and substitute the following:

'(2) Subject to this section, a caveat to which this section applies lapses at the time specified in subsection (5) or (7).';

Omit from clause 142(6)(a) 'commenced' and substitute 'started';

Omit from subclause 142(6)(b) 'has, or will, start' and substitute 'has started, or will start,';

Omit subclause 142(7) and substitute the following:

'(7) If a caveator has notified the Registrar-General under subsection (6)(b) that he or she will start a proceeding, the caveat lapses 3 months after the notice under subsection (3) was served on the caveator if the proceeding has not been started within that time.';

Omit from clause 205, 'government authority' (wherever occurring) and substitute 'authority';

Insert after subclause 205(1)(c) the following:

'(d) a person approved in writing by the Minister.';

Add at the end of clause 218 the following:

'(10) An agreement entered into under section 274 of the

Real Property Act

that is in force immediately before the commencement of this Act continues in force after the commencement as if it were an agreement entered into under section 205.'; and

Omit clause 219.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Assembly resumed; the Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to the -
Law of Property Bill 1999 (Serial 200), with amendments; and
Land Title Bill 1999 (Serial 61), with amendments.

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

10. ORDER OF BUSINESS:
The Leader of Government Business (Mr Palmer) moved – That General Business, Orders of the Day No. 3, relating to the Public Accounts Committee be called on forthwith.

Question – put and passed.

11. PUBLIC ACCOUNTS COMMITTEE, ANNUAL REPORT 1998/99 – PAPER NOTED:
The Orders of the Day having been read for resumption of debate on the question – That the Assembly take note of the Report -

Debate ensued.

Question – put and passed.

12. ADJOURNMENT:

The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.

Debate ensued.

Question –put and passed.

And the Assembly adjourned at 2048 h until 10:00 h on Thursday 24 February 2000.

ATTENDANCE:

All Members attended the sitting.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 2000-02-23