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Minutes of Proceedings - 1996-05-22

Seventh Assembly First Session 21/05/1996 Parliamentary Record No. 22
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Date : 22/05/1996
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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. DISTINGUISHED VISITOR:
    The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Mr Marshall Perron, former Chief Minister of the Northern Territory.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

4. VISITORS:
    The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of students from Years 5, 6 and 7 from Alawa Primary School, and their teacher Ms Christine Neave.
      On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
5. NOTICE:
    The following notice was given -
      Mrs Hickey: To move - That -
            1. this Assembly establishes a Select Committee on Violence in the Northern Territory to inquire into the amount and extent of violence in our community, in particular:

              (a) the underlying causes of violence in the Northern Territory;
              (b) the amount and extent of violence in the Northern Territory; and
              (c) propose solutions to violence in the Northern Territory;
              2. unless otherwise ordered this Committee shall be made up of six Members being three Members appointed by the Chief Minister and three Members appointed by the Leader of the Opposition;
                3. the quorum of the Committee to be four;
                  4. the Committee have leave to report from time to time, its proceedings and such interim recommendations as it may deem fit;
                    5. the Committee shall be in operation for six months and shall report to the Legislative Assembly at the first Sittings of the Parliament thereafter;
                      6. the Committee be empowered to publish from day to day such papers and evidence as may be ordered by it and, unless otherwise ordered by the Committee, a daily Hansard be published of such proceedings that take place in public;
                        7. the Committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the Committee with the approval of the Speaker; and
                          8. the foregoing provisions of this resolution, so far as they are inconsistent with Standing Orders, have effect notwithstanding anything contained in Standing Orders.

                6. QUESTIONS:
                  Questions were asked of Ministers.
                  Papers tabled: The Minister for Health Services (Mr Finch) laid on the Table the following Papers -
                    Letter, Hon Fred Finch, MLA, Minister for Public Employment to Mr Chris Sharpe, President, Australian Education Union, dated 21 May 1996 (Paper 2445);

                    AEU - NT Teachers Enterprise Bargaining Agreement Proposal (Paper 2446);and

                    AEU- NT Branch, Improved Incentives and Allowances for Educators Living and Working in Remote Localities (Paper 2448).

                Further questions were asked of Ministers.
                  Paper tabled: The Minister for Public Employment (Mr Finch) laid on the Table the following Paper -

                  Costing of the AEU Proposal 15 May 1996 (Paper 2447).

                  A further question was asked of a Minister.
                7. PROPOSED CENSURE OF THE MINISTER FOR HEALTH SERVICES - MOTION NEGATIVED:
                  Suspension of Standing Orders - move a motion of censure: The Leader of the Opposition (Mrs Hickey) moved - That so much of Standing Orders be suspended as would prevent her moving a motion censuring the Minister for Health Services (Mr Finch) for his maladministration of Health Services in the Northern Territory.
                  The Leader of Government Business (Mr Coulter), informed the Assembly that the Government, pursuant to Standing Order 95, accepted the notice of motion as a censure motion.
                  The Leader of the Opposition (Mrs Hickey) thereupon moved - That this Assembly censures the Minister for Health Services for:
                    1. his maladministration of the Health Services Department, particularly the information technology of that Department over many years;



                    2. his role in allowing service deficiencies of such an extent that Territorians suffered from errors in treatment or sometimes fatal diagnoses;

                    3. his role in losing Territorians tens of millions of dollars of much needed and deserved Commonwealth money by providing inaccurate and incomplete information for Medicare agreement negotiations and Grants Commission submissions; and
                    4. his role in spending millions of dollars of taxpayers’ money on health programs that could not be tested for their efficiency and effectiveness.

                    Debate ensued.
                  Paper tabled: The Member for Macdonnell (Mr Bell ), by leave, laid on the Table the following Paper -
                    Letter, Mr John Booth, Vice President and General Manager, Hospital Costs Consultants to Hon Fred Finch, MLA, Minister for Health Services, dated 9 May 1996 (Paper 2449).

                ____________________
                    Suspension of sitting: The sitting was suspended between 12 09 p.m. and 2.15 p.m.
                ____________________
                    Debate resumed.
                  Paper tabled: The Deputy Chief Minister (Mr Reed) laid on the Table the following Paper -
                    Article, “4 die at RDH: police called in”, NT News, dated 12 August 1994 (Paper 2450).

                    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, 8 NOES, 16

                  Mr Ah Kit Mr Adamson
                  Mr Bailey Mr Baldwin
                  Mr Bell Mrs Braham
                  Mr Ede Mr Burke
                  Mrs Hickey Mr Coulter
                  Ms Martin Mr Finch
                  Mr Rioli Mr Hatton
                  Mr Stirling Mr Manzie
                  Mr McCarthy
                  Mr Mitchell
                  Mrs Padgham-Purich
                  Mr Palmer
                  Mr Poole
                  Mr Reed
                  Mr Setter
                  Mr Stone

                  Motion negatived accordingly.

                8. TRANSPORT DIRECTIONS - MINISTERIAL STATEMENT - PAPERS TABLED - STATEMENT NOTED:
                  The Minister for Transport and Works (Mr Palmer) made a statement relating to the framework for the development of transport policies (Paper 2451).
                    Papers tabled: Mr Palmer laid on the Table the following Papers -

                    Northern Territory Transport Direction, Department of Transport and Works (Paper 2452); and
                    Road Network Strategy, Draft, Department of Transport and Works (Paper 2453).

                    Mr Palmer moved - That the Assembly take note of the Statement.
                    Debate ensued.
                    Question - put and passed.

                9. CO-OPERATIVE LEGISLATION SCHEME FOR CENSORSHIP IN AUSTRALIA - PAPERS TABLED - PAPERS NOTED:
                  The Attorney-General (Mr Hatton), by leave, laid on the Table the following Papers -
                    Agreement between the Commonwealth of Australia, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia relating to a revised co-operative legislative scheme for censorship in Australia (Paper 2454);
                    Guidelines for the Classification of Films and Videotapes (Paper 2455);
                    Printed Matter Classification Guidelines (Paper 2456);
                    Guidelines for the Classification of Computer Games (Paper 2457); and
                    National Classification Code (Amendment) (No. 1) (Paper 2458).

                    Mr Hatton moved - That the Assembly take note of the Papers.
                    Debate ensued.
                    Question - put and passed.

                10. POLICE ADMINISTRATION AMENDMENT BILL (No. 2) 1996 (Serial 164):
                  The Chief Minister (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Police Administration Act.
                    Bill read a first time.
                    Mr Stone moved - That the Bill be now read a second time.
                    On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.

                11. STATUTE LAW REVISION BILL 1996 (Serial 156):
                  The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to revise and correct the law of the Territory in minor aspects.
                    Bill read a first time.
                    Mr Hatton moved - That the Bill be now read a second time.
                    On the motion of the Member for Stuart (Mr Ede) debate was adjourned.
                12. BAIL AMENDMENT BILL 1996 (Serial 157):
                  The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Bail Act.
                    Bill read a first time.
                    Mr Hatton moved - That the Bill be now read a second time.
                    On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.

                13. CRIMINAL CODE AMENDMENT BILL 1996 (Serial 161):
                  The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
                    Bill read a first time.
                    Mr Hatton moved - That the Bill be now read a second time.
                    On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.

                14. CRIMINAL CODE AMENDMENT BILL (No. 2) 1996 (Serial 162):
                  The Attorney-General (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
                    Bill read a first time.
                    Mr Hatton moved - That the Bill be now read a second time.
                    On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.

                15. NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY AMENDMENT BILL 1996 (Serial 163):
                  The Minister for Education and Training (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Northern Territory Employment and Training Authority Act.
                    Bill read a first time.
                    Mr Hatton moved - That the Bill be now read a second time.
                    On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.

                16. MINE MANAGEMENT AMENDMENT BILL 1996 (Serial 160):
                  The Minister for Mines and Energy (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the Mine Management Act.
                    Bill read a first time.
                    Mr Reed moved - That the Bill be now read a second time.
                    On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.

                17. JUVENILE JUSTICE AMENDMENT BILL 1996 (Serial 158); and SENTENCING (CONSEQUENTIAL AMENDMENTS) AMENDMENT BILL 1996 (Serial 159):
                  Suspension of Standing Orders - Take two Bills together: The Minister for Correctional Services (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Juvenile Justice Amendment Bill 1996 (Serial 158) and the Sentencing (Consequential Amendments) Amendment Bill 1996 (Serial 159) -
                    (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 Manzie, pursuant to notice, presented a Bill for an Act to amend the Juvenile Justice Act; and a Bill for an Act to amend the Sentencing (Consequential Amendments) Act.
                    Bills read a first time.
                    Mr Manzie moved - That the Bills be now read a second time.
                    On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.

                18. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 1996 (Serial 165):
                  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 Macdonnell (Mr Bell) debate was adjourned.

                19. LIQUOR AMENDMENT BILL 1996 (Serial 139):
                  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.
                  The Assembly, according to Order, resolved itself into Committee of the whole for the consideration of the Bill.
                ____________________

                In the Committee
                (Chairman - Mr Setter)
                    Bill, by leave, taken as a whole.
                    The Member for Macdonnell (Mr Bell) moved the following amendment -
                      Insert after clause 1 the following:

                      “1A. NEW SECTION
                      The Liquor Act is amended by inserting after section 5 the following:

                      ‘5A. MINIMISATION OF ABUSE AND MISUSE OF LIQUOR
                      ‘(1) For the purposes of the application and administration of this Act and the Regulations, paramount consideration shall be given to the need to minimise abuse and misuse of liquor and associated intoxication, violence and anti-social behaviour (such as binge drinking, excessive drinking and underage drinking).
                      ‘(2) The Administrator may prescribe in the Regulations all matters or things which, in the opinion of the Administrator, are necessary or convenient to -
                        (a) ensure that due regard is given to the need to minimise abuse and misuse of liquor; and
                        (b) encourage the minimisation of abuse and misuse of liquor.

                      ‘(3) Without limiting subsection (2), the Administrator may make regulations providing for -
                        (a) the institution of responsible practices and procedures in relation to the supply, service, sale, promotion, discounting and consumption of liquor;
                        (b) matters to be taken into account by the Commission when considering -
                          (i) an application for the grant of a licence;

                          (ii) the transfer of a licence;

                          (iii) the suspension or cancellation of a licence;

                          (iv) the imposition or variation of condition on a licence; and

                          (v) the giving of directions to licensees;
                        (c) the imposition of conditions on licences;
                        (d) the control of conduct which encourages the abuse and misuse of liquor; and
                        (e) courses and programs for the training of personnel and promoting preventative strategies for the purpose of the avoidance of the abuse and misuse of liquor.’.”.
                    Debate ensued.
                    Question - That the amendment be agreed to - put and negatived.
                    Bill agreed to.
                    Bill to be reported without amendment.
                  __________________________________
                  The Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
                  On the motion of the Minister for the Liquor Commission (Mr Finch) the Bill was read a third time and passed to be a proposed law.

                20. EDUCATION AMENDMENT BILL 1996 (Serial 154):
                  Suspension of Standing Orders - pass all stages: The Minister for Education and Training (Mr Hatton) moved - That so much of Standing Orders be suspended as would prevent the Education Amendment Bill 1996 (Serial 154) passing through all stages at this sitting.
                Question - That the motion be agreed to - put.
                  The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

                AYES, 15 NOES, 8

                Mr Adamson Mr Ah Kit
                Mr Baldwin Mr Bailey
                Mrs Braham Mr Bell
                Mr Coulter Mr Ede
                Mr Finch Mrs Hickey
                Mr Hatton Ms Martin
                Mr Manzie Mr Rioli
                Mr McCarthy Mr Stirling
                Mr Mitchell
                Mrs Padgham-Purich
                Mr Palmer
                Mr Poole
                Mr Reed
                Mr Setter
                Mr Stone
                  And so it was resolved in the affirmative.
                  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 denied: The Minister for Education and Training (Mr Hatton) sought leave to move a motion for the third reading of the Bill to be taken forthwith.
                    Objection being raised - leave denied.
                  Suspension of Standing Orders - Third reading forthwith: Mr Hatton moved - That so much of Standing Orders be suspended as would prevent him moving a motion for the third reading of the Bill, forthwith.
                    Question - put and passed.
                    Mr Hatton moved - That the Bill be now read a third time.
                    Debate ensued.
                  The Deputy Leader of the Opposition (Mr Bailey) moved - Omit the word “now” and add “this day six months”.
                  Mr Hatton moved - That the question be now put.
                  Question - That the question be now put - put and passed.
                  Question - That the amendment moved by Mr Bailey be agreed to - put and negatived.
                Question - That the Bill be now read a third time - put.
                The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

                AYES, 14 NOES, 8

                Mr Adamson Mr Ah Kit
                Mr Baldwin Mr Bailey
                Mrs Braham Mr Bell
                Mr Coulter Mr Ede
                Mr Finch Mrs Hickey
                Mr Hatton Ms Martin
                Mr Manzie Mr Rioli
                Mr Mitchell Mr Stirling
                Mrs Padgham-Purich
                Mr Palmer
                Mr Poole
                Mr Reed
                Mr Setter
                Mr Stone

                And so it was resolved in the affirmative.
                The Bill was read a third time and passed to be a proposed law.

                21. DISCHARGE OF BUSINESS:
                  The Leader of Government Business (Mr Coulter) moved - That the following Government Business, Orders of the Day be discharged from the Notice Paper -
                    No. 18 relating to the Pastoral Land Board, Annual Report, 1993-94;
                    No. 19 relating to the Draft Police Administration Amendment Bill 1996; and
                    No. 20 relating to the Northern Territory’s Water Resources.

                    Question - put and passed.

                22. OMBUDSMAN, ANNUAL REPORT, 1994-95 - PAPER NOTED:
                  The order of the day having been read for the resumption of the debate on the question - That the Assembly take note of the Paper -
                    Debate ensued.
                    Question - put and passed.

                23. ADJOURNMENT:
                  The Chief Minister (Mr Stone) moved - That the Assembly do now adjourn.
                    Debate ensued.
                    Question - put and passed.
                    And the Assembly adjourned at 11.14 p.m. until tomorrow at 10.00 a.m.

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                  ATTENDANCE:
                  All Members attended the sitting except Dr Lim, on leave.
                Last updated: 04 Aug 2016
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