Minutes of Proceedings - 1994-08-31
Seventh Assembly First Session 30/08/1994 Parliamentary Record No. 3
__________________________________________________________________________________
Date : 31/08/1994__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. VISITORS:
The Speaker drew the attention of Honourable Members to the presence in the gallery of students from Year 7 from Jabiru Area School
from the Northern Territory University Advanced English as a Second Language Course and their lecturer, Annette Burke.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. SPEAKER'S STATEMENT -REFLECTION ON CHAIR:
The Speaker made a statement relating to a comment made by the Leader of the Opposition (Mr Ede) during an ABC Radio interview this
morning which reflected on his decision to refer a matter to the Committee of Privileges in the following terms:
I have had my attention drawn to a comment made by the Leader of the Opposition on ABC Radio this morning in which he reflected on the
motives of my decision to make a reference to the Committee of Privileges.
I accept that during the debate on the subsequent motion for the dissent to my decision to refer the matter to the Committee of Privileges
yesterday enabled Members to reflect on and criticise my motives in the matter.
However, I draw the House's attention to the long established practice that, except in moving dissent from a ruling or decision, the Speaker's
actions can only be criticised by a substantive motion, usually in the form of a censure or want of confidence. Further, it is not acceptable for
the Speaker to be criticised incidentally in debate.
Traditionally a reflection on the character of the Speaker inside and outside the House has been treated seriously and has been punishable
as a breach of privilege.
I advise Honourable Members that I intend to treat any similar reflections on the Chair with due gravity.
Page 73
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: TheLeader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Extract of Debates dated Monday 27 June 1994 (Paper 131).
Further questions were asked of Ministers.
Supplementary answer: The Minister for Health and Community Services (Mr Reed) gave a supplementary answer to a question asked by
the Member for Barkly (Mrs Hickey) during Question Time this day.
Paper tabled: Mr Reed laid on the Table the following Paper -
. Proof copy - Questions without Notice, House of Representatives, Daily Hansard page 625, dated 30 August 1994 (Paper 132).
6. MATTER OF PROCEDURE - SPEAKER'S RULING - MOTION OF DISSENT - MOTION NEGATIVED:
The Leader of the Opposition (Mr Ede) raised as a matter of procedure that the Leader of Government Business (Mr Stone) spoke twice during the
Adjournment Debate on 30 August 1994.
The Speaker ruled as follows:
"I refer the Leader of the Opposition to Standing Order 56 which states: "In all cases, a reply of the mover of the original question shall close a debate".
In a strict interpretation of the Standing Order, it may be taken the Minister spoke twice in the debate in that moving "That the Assembly be adjourned"
he was speaking in the debate, and in making his subsequent remarks as the last speaker in the debate, he was speaking for a second time.
On the other hand, it has been the practice in this House to allow a Minister to exercise a right of reply in the adjournment debate, especially to matters
raised in the adjournment debate.
It is therefore my view that, in accordance with past practice in this House, the Minister was in order in speaking at the close of the adjournment debate
and that his remarks should stand".
Debate ensued.
Dissent from Speaker's ruling: Mr Ede moved - That the ruling of the Speaker not to expunge the second speech of the Leader of Government Business
(Mr Stone) from the Hansard be dissented from.
Debate ensued.
The Chief Minister (Mr Perron) 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) -
Page 74
AYES, 17 NOES, 7
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy
Mr Finch Mr Rioli
Mr Hatton Mr Stirling
Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
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, 7 NOES, 17
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
Page 75
7. 2001 A REPORT FROM AUSTRALIA - PAPER TABLED - PAPER NOTED:
The Chief Minister (Mr Perron) laid on the Table the following Paper -
. 2001 A Report from Australia, A Report to the Council of Australian Governments by the Centenary
of Federation Advisory Committee, dated August 1994 (Paper 123).
Mr Perron made a statement relating thereto (Paper 133).
Mr Perron moved - That the Assembly take note of the Paper.
_______________________
Suspension of sitting: The sitting was suspended between 12.13 p.m. and 2.15 p.m.
_______________________
Debate resumed.
Question - put and passed.
8. CAMEL INDUSTRY IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Primary Industry and Fisheries (Mr Palmer) made a statement relating to the development of the camel industry in the Northern Territory (Paper 134).
Mr Palmer moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
9. APPRECIATION OF SERVICE - HORACE GUY SMITH, FORMER CLERK OF THE LEGISLATIVE ASSEMBLY - MOTION AGREED TO:
The Speaker advised Honourable Members of the official retirement of Mr Guy Smith from the employment of the Northern Territory Legislative Assembly earlier in the
year after 36 years in the service of the Parliaments of the Commonwealth and the Northern Territory. The motion of appreciation was to be moved in the May sittings
of the Assembly and this was prevented by the prorogation of the Assembly.
The Leader of Government Business (Mr Stone), by leave, moved - That, on the occasion of the retirement from the Department of the Legislative Assembly of the
Northern Territory of Mr Horace Guy Smith, this Assembly places on record its appreciation of the valuable service rendered by him, as Clerk of this Parliament and in
the many other offices held by him, in 38 years of dedicated public service of which 36 years was spent as an Officer of the Parliaments of the Commonwealth and the
Northern Territory.
Debate ensued.
Question - put and passed.
10. POLICE ADMINISTRATION AMENDMENT BILL (No. 3) 1994 (Serial 18):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
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.
Page 76
On the motion of the Minister for Asian Relations and Trade (Mr Stone) the Bill was read a third time and passed to be a proposed law.
11. ADJOURNMENT:
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Papers -
. Letter, Brian Ede, MLA, Leader of the Opposition to Hon Shane Stone, MLA, Minister for Industries and Development, dated 18 August 1994 (Paper 135); and
. Open letter, "To the politicians who are interested in promoting Aboriginal health" signed Urapuntja Health Service Healthworker Graduands, dated 3 August 1994 (Paper 136).
Debate continued.
Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
. Copy of cheque - Bracknell Pty Ltd trading as Darwin Protection Service, ACN 009611045 (Paper 137).
Debate continued.
Papers tabled: The Deputy Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Papers -
. 1993 Group Certificate issued in the name of Nicholas Phillip Powrie (Paper 138); and
. Letter, R. C. Burr, Deputy Commissioner of Taxation to Mr George Mancini, dated 15 June 1994 (Paper 139).
Debate continued.
Question - put and passed.
The Assembly adjourned at 8.30 p.m. until tomorrow at 10.00 a.m.
PAPERS:
The following Papers were deemed to have been presented on 31 August 1994:
Annual Reports:
Department of Correctional Services, 1993-94 (Paper 128)
Juvenile Justice Board of Management, Northern Region, 1993-94 (Paper 129)
Juvenile Justice Board of Management, Southern Region, 1993-94 (Paper 130).
Page 77
Police Administration Act:
Consent Agreement, (undated) (Paper 125)
Consent Agreement, dated 20 May 1994 (Paper 126)
Consent Agreement, dated 13 October 1994 (Paper 127)
Determination No. T4 of 1994, Police Arbitral Tribunal Determination No. 2 of 1982, dated 20 May 1994 (Paper 124)
__________________________
ATTENDANCE:
All Members attended the sitting.
Page 78
__________________________________________________________________________________
Date : 31/08/1994
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. VISITORS:
The Speaker drew the attention of Honourable Members to the presence in the gallery of students from Year 7 from Jabiru Area School
from the Northern Territory University Advanced English as a Second Language Course and their lecturer, Annette Burke.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. SPEAKER'S STATEMENT -REFLECTION ON CHAIR:
The Speaker made a statement relating to a comment made by the Leader of the Opposition (Mr Ede) during an ABC Radio interview this
morning which reflected on his decision to refer a matter to the Committee of Privileges in the following terms:
I have had my attention drawn to a comment made by the Leader of the Opposition on ABC Radio this morning in which he reflected on the
motives of my decision to make a reference to the Committee of Privileges.
I accept that during the debate on the subsequent motion for the dissent to my decision to refer the matter to the Committee of Privileges
yesterday enabled Members to reflect on and criticise my motives in the matter.
However, I draw the House's attention to the long established practice that, except in moving dissent from a ruling or decision, the Speaker's
actions can only be criticised by a substantive motion, usually in the form of a censure or want of confidence. Further, it is not acceptable for
the Speaker to be criticised incidentally in debate.
Traditionally a reflection on the character of the Speaker inside and outside the House has been treated seriously and has been punishable
as a breach of privilege.
I advise Honourable Members that I intend to treat any similar reflections on the Chair with due gravity.
Page 73
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: TheLeader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Extract of Debates dated Monday 27 June 1994 (Paper 131).
Further questions were asked of Ministers.
Supplementary answer: The Minister for Health and Community Services (Mr Reed) gave a supplementary answer to a question asked by
the Member for Barkly (Mrs Hickey) during Question Time this day.
Paper tabled: Mr Reed laid on the Table the following Paper -
. Proof copy - Questions without Notice, House of Representatives, Daily Hansard page 625, dated 30 August 1994 (Paper 132).
6. MATTER OF PROCEDURE - SPEAKER'S RULING - MOTION OF DISSENT - MOTION NEGATIVED:
The Leader of the Opposition (Mr Ede) raised as a matter of procedure that the Leader of Government Business (Mr Stone) spoke twice during the
Adjournment Debate on 30 August 1994.
The Speaker ruled as follows:
"I refer the Leader of the Opposition to Standing Order 56 which states: "In all cases, a reply of the mover of the original question shall close a debate".
In a strict interpretation of the Standing Order, it may be taken the Minister spoke twice in the debate in that moving "That the Assembly be adjourned"
he was speaking in the debate, and in making his subsequent remarks as the last speaker in the debate, he was speaking for a second time.
On the other hand, it has been the practice in this House to allow a Minister to exercise a right of reply in the adjournment debate, especially to matters
raised in the adjournment debate.
It is therefore my view that, in accordance with past practice in this House, the Minister was in order in speaking at the close of the adjournment debate
and that his remarks should stand".
Debate ensued.
Dissent from Speaker's ruling: Mr Ede moved - That the ruling of the Speaker not to expunge the second speech of the Leader of Government Business
(Mr Stone) from the Hansard be dissented from.
Debate ensued.
The Chief Minister (Mr Perron) 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) -
Page 74
AYES, 17 NOES, 7
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy
Mr Finch Mr Rioli
Mr Hatton Mr Stirling
Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
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, 7 NOES, 17
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
Page 75
7. 2001 A REPORT FROM AUSTRALIA - PAPER TABLED - PAPER NOTED:
The Chief Minister (Mr Perron) laid on the Table the following Paper -
. 2001 A Report from Australia, A Report to the Council of Australian Governments by the Centenary
of Federation Advisory Committee, dated August 1994 (Paper 123).
Mr Perron made a statement relating thereto (Paper 133).
Mr Perron moved - That the Assembly take note of the Paper.
_______________________
Suspension of sitting: The sitting was suspended between 12.13 p.m. and 2.15 p.m.
_______________________
Debate resumed.
Question - put and passed.
8. CAMEL INDUSTRY IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Primary Industry and Fisheries (Mr Palmer) made a statement relating to the development of the camel industry in the Northern Territory (Paper 134).
Mr Palmer moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
9. APPRECIATION OF SERVICE - HORACE GUY SMITH, FORMER CLERK OF THE LEGISLATIVE ASSEMBLY - MOTION AGREED TO:
The Speaker advised Honourable Members of the official retirement of Mr Guy Smith from the employment of the Northern Territory Legislative Assembly earlier in the
year after 36 years in the service of the Parliaments of the Commonwealth and the Northern Territory. The motion of appreciation was to be moved in the May sittings
of the Assembly and this was prevented by the prorogation of the Assembly.
The Leader of Government Business (Mr Stone), by leave, moved - That, on the occasion of the retirement from the Department of the Legislative Assembly of the
Northern Territory of Mr Horace Guy Smith, this Assembly places on record its appreciation of the valuable service rendered by him, as Clerk of this Parliament and in
the many other offices held by him, in 38 years of dedicated public service of which 36 years was spent as an Officer of the Parliaments of the Commonwealth and the
Northern Territory.
Debate ensued.
Question - put and passed.
10. POLICE ADMINISTRATION AMENDMENT BILL (No. 3) 1994 (Serial 18):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate ensued.
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.
Page 76
On the motion of the Minister for Asian Relations and Trade (Mr Stone) the Bill was read a third time and passed to be a proposed law.
11. ADJOURNMENT:
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Papers -
. Letter, Brian Ede, MLA, Leader of the Opposition to Hon Shane Stone, MLA, Minister for Industries and Development, dated 18 August 1994 (Paper 135); and
. Open letter, "To the politicians who are interested in promoting Aboriginal health" signed Urapuntja Health Service Healthworker Graduands, dated 3 August 1994 (Paper 136).
Debate continued.
Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
. Copy of cheque - Bracknell Pty Ltd trading as Darwin Protection Service, ACN 009611045 (Paper 137).
Debate continued.
Papers tabled: The Deputy Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Papers -
. 1993 Group Certificate issued in the name of Nicholas Phillip Powrie (Paper 138); and
. Letter, R. C. Burr, Deputy Commissioner of Taxation to Mr George Mancini, dated 15 June 1994 (Paper 139).
Debate continued.
Question - put and passed.
The Assembly adjourned at 8.30 p.m. until tomorrow at 10.00 a.m.
PAPERS:
The following Papers were deemed to have been presented on 31 August 1994:
Annual Reports:
Department of Correctional Services, 1993-94 (Paper 128)
Juvenile Justice Board of Management, Northern Region, 1993-94 (Paper 129)
Juvenile Justice Board of Management, Southern Region, 1993-94 (Paper 130).
Page 77
Police Administration Act:
Consent Agreement, (undated) (Paper 125)
Consent Agreement, dated 20 May 1994 (Paper 126)
Consent Agreement, dated 13 October 1994 (Paper 127)
Determination No. T4 of 1994, Police Arbitral Tribunal Determination No. 2 of 1982, dated 20 May 1994 (Paper 124)
__________________________
ATTENDANCE:
All Members attended the sitting.
Page 78
Last updated: 04 Aug 2016