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Minutes of Proceedings - 1996-05-23

Seventh Assembly First Session 21/05/1996 Parliamentary Record No. 22
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Date : 23/05/1996
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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. PETITION:
    The Member for Braitling (Mrs Braham), by leave, presented, for and on behalf of the Member for Greatorex (Dr Lim), a petition from 151 petitioners requesting the Assembly not to support the project of the Alice Springs Town Council to erect floodlights at Ross Park (Paper 2459).
      Petition read.

4. QUESTIONS:
    Questions were asked of Ministers.
    Papers tabled: The Minister for Mines and Energy (Mr Reed) laid on the Table the following Papers -
      Petroz boosts Timor Sea find, article, The Australian, dated 21 May 1996 (Paper 2461); and
      Undan/Bayu LNG reserves upgraded, article, The Financial Review, dated 22 May 1996 (Paper 2460)
      A further question was asked of a Minister.
    Papers tabled: The Minister for Asian Relations, Trade and Industry (Mr Poole) laid on the Table the following Papers -
      Graph, NT Exports to BIMP Countries (excludes mineral fuels) 1990/91 to 1995/96, Source ABS Foreign Trade Statistics (Paper 2462);
      Graph, NT Exports to BIMP Countries 1993/94 to 1995/96, Source ABS Foreign Trade Statistics (Paper 2463); and
      Graph, NT Trade with BIMP Countries, Source ABS Foreign Trade Statistics (Paper 2464).

      Further questions were asked of Ministers.
5. PROPOSED CENSURE OF THE GOVERNMENT - MOTION NEGATIVED:
    Suspension of Standing Orders - move a motion of censure: The Member for Macdonnell (Mr Bell) moved - That so much of Standing Orders be suspended as would prevent him moving a motion censuring the Government for repeated attempts at stifling public debate.
    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.
    Question - That the motion to suspend Standing Orders be agreed to - put and passed - there being an absolute majority of the whole Members present and no dissentient voice.
    Mr Bell thereupon moved - That this Assembly censures the Government for its repeated attempts to stifle public debate by unlawfully appropriating public money for the legal costs of Ministers as plaintiffs in defamation actions.
    Papers tabled: Mr Bell, by leave, laid on the Table the following Papers -
      Extract from transcript of the Senate Legal and Constitutional Legislation Committee, dated 19 September 1995 (Paper 2465);
      Draft Terms of Reference for a Judicial Inquiry into the Payment of Ministers’ Legal Costs (Paper 2466); and
      Facsimile, Mr Anthony J. H. Morris, QC, Barrister-at-Law to Anne Twomey, Senate Legal and Constitutional Legislation Committee, dated 7 September 1995 (Paper 2467).

      Debate ensued.
      The Attorney-General (Mr Hatton) 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, 15 NOES, 8

    Mr Adamson Mr Ah Kit
    Mr Baldwin Mr Bailey
    Mrs Braham Mr Bell
    Mr Burke Mr Ede
    Mr Coulter Mrs Hickey
    Mr Finch Ms Martin
    Mr Hatton Mr Rioli
    Mr Manzie 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.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 8 NOES, 15

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 Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone

Motion negatived accordingly.
____________________
      Suspension of sitting: The sitting was suspended between 12.23. p.m. and 2.30 p.m.
____________________

6. ABORIGINAL TOURISM STRATEGY - PAPER TABLED - PAPER NOTED:
    The Minister for Tourism (Mr Coulter) laid on the Table the following Paper -
      The Northern Territory - Aboriginal Tourism Strategy, dated May 1996 (Paper 2468).

      Mr Coulter made a statement relating thereto.
      Mr Coulter moved - That the Assembly take note of the Paper.

      Debate ensued.
    Paper tabled: The Member for Arnhem (Mr Ah Kit), by leave, laid on the Table the following Paper -
      Why Native Title should stand, article by Henry Reynolds, The Weekend Australian, dated 18 - 19 May 1996 (Paper 2469).

      Debate continued.
      Question - put and passed.

7. REPORT ON IMPLEMENTATION OF RIGHTS OF THE TERMINALLY ILL ACT - PAPER TABLED - PAPER NOTED:
    The Minister for Health Services (Mr Finch), at the request of and on behalf of the Attorney-General (Mr Hatton) laid on the Table the following Paper -
      Report on the Implementation of the Rights of the Terminally Ill Act, Working Party Report, Northern Territory Attorney-General’s Department and Territory Health Services, dated May 1996 (Paper 2497).

      Mr Finch made a statement relating thereto.
      Mr Finch moved - That the Assembly take note of the Paper.
      Debate ensued.
      Question - put and passed.

8. SPECIAL ADJOURNMENT:
    The Leader of Government Business (Mr Coulter) moved - That this Assembly at its rising adjourn until 10.00 a.m. on Tuesday 13 August 1996 or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
      Question - put and passed.
9. ETHNIC AFFAIRS POLICY - MINISTERIAL STATEMENT - STATEMENT NOTED:
    The Chief Minister (Mr Stone) made a Statement relating to the development of a Government Policy Statement on Ethnic Affairs (Paper 2498).
      Paper tabled: Mr Stone laid on the Table the following Paper -

      A Handbook for Migrants looking for work in the Northern Territory, Office of Ethnic Affairs (Paper 2499).

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

10. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - PERSONAL EXPLANATIONS :
    The Member for Macdonnell (Mr Bell), pursuant to Standing Order 83, raised as a matter of privilege the Speaker’s constraint, when granting leave to a Member to make a personal explanation under Standing Order 57, on a Member not to depart from the agreed content of the personal explanation submitted to him in writing and requested the Speaker to refer the matter to the Committee of Privileges.
      Papers tabled: Mr Bell, by leave, laid on the Table the following Papers -

      Letter, Mr Neil Bell, MLA, Member for Macdonnell to the Speaker, undated (Paper 2500); and
      Handwritten note from the Speaker to Mr Neil Bell, MLA (Paper 2501).
    The Speaker advised that he would consider the matter and give a decision at the earliest opportunity.

11. SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL BY THE COMMUNITY - REPORT INTO PUBLIC DRUNKENNESS IN CENTRAL AUSTRALIA - PAPER TABLED -PAPER PRINTED - MOTION TO NOTE PAPER:
    The Chairman of the Sessional Committee on the Use and Abuse of Alcohol in the Community (Mr Finch) laid on the Table Report No. 7 Inquiry into Public Drunkenness in Central Australia - November 1995, dated May 1996 (Paper 2471).
      Mr Finch moved - That the Report be printed.
      Question - put and passed.
      Mr Finch moved - That the Assembly take note of the Report.
      Papers tabled: Mr Finch laid on the Table the following Papers -

      Oral Evidence, 3 April 1996, Alice Springs, Liquor Licensees Association, Mr G Curnow, President, NT Hotels And Hospitality Association, Mr D Koch, Representative (Paper 2472);
      Oral Evidence, 3 April 1996, Alice Springs, Alice Springs Sobering-Up Shelter (DASA), Mr J Spink, Manager (Paper 2473);
      Oral Evidence, 3 April 1996, Alice Springs, Tyeweretye Clubs Inc., Mr B Ferguson, Manager (Paper 2474);
      Oral Evidence, 3 April 1996, Alice Springs, Alice Springs Town Council, Mr A McNeill, Mayor, Mr A McGill, Town Clerk, Mr P Carr, Director Statutory Service (Paper 2475);
      Oral Evidence, 3 April 1996, Alice Springs, Alice Springs People’s Action Group, Mr J Tubbenhauer, Convenor, Ms E Williams, A/Co-ordinator (Paper 2476);
      Oral Evidence, 3 April 1996, Alice Springs, Alice Springs Social Issues Working Group, Mr K Lechleitner, Aboriginal Liaison Officer (Paper 2477);
      Oral Evidence, 3 April 1996, Alice Springs, Tangentyere Council Inc., Mr G Shaw, OAM, General Manager, Mr M Bowden, Manager, Community Services Tangentyere Night Patrol, Ms R Forrester, Co-ordinator (Paper 2478);
      Oral Evidence, 3 April 1996, Alice Springs, Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council, Ms M Kavanagh, Co-ordinator, Ms W Woods, Vice Chairwoman, Ms M Anderson, Project Officer, Ms T Colin, Project Officer (Paper 2479);
      Oral Evidence, 3 April 1996, Alice Springs, Central Land Council, Ms E Wanatjura, Project Officer (Paper 2480);
      Oral Evidence, 3 April 1996, Alice Springs, Pitjantjatjara Council, Ms R Morley, Solicitor (Paper 2481);
      Oral Evidence, 3 April 1996, Alice Springs, Fregon Community, Ms N Kantjujuni (Paper 2482);
      Oral Evidence, 4 April 1996, Alice Springs, Northern Territory Police, Mr G Charlwood, Assistant Commissioner (Paper 2483);
      Oral Evidence, 15 May 1996, Darwin, Northern Territory Liquor Commission, Mr J V Maley, Chairman (Paper 2484);
      Submission 156, date received 27.3.96, Alice Springs Sobering-up Shelter (DASA) (Paper 2485);
      Submission 157, date received 28.2.96, Northern Territory Police (Paper 2486);
      Submission 158, date received 26.3.96, Alice Springs Social Issues Working Group (Paper 2487);
      Submission 159, date received 3.4.96, Public Health Association of Australia (Paper 2488);
      Submission 160, date received 3.4.96, Alice Springs Sobering-up Shelter (DASA) (Paper 2489);
      Submission 161, date received 3.4.96, Alice Springs Social Issues Working Group (Paper 2490);
      Submission 162, date received 3.4.96, Tangentyere Council Inc. (Paper 2491);
      Submission 163, date received 3.4.96, Alice Springs Town Council (Paper 2492);
      Submission 164, date received 3.4.96, Northern Territory Liquor Commission (Paper 2493);
      Submission 165, date received 24.4.96, Northern Territory Police (Paper 2494);
      Submission 167, date received 15.5.96, Northern Territory Liquor Commission (Paper 2495);
      Submission 168, date received 15.5.96, Northern Territory Liquor Commission (Paper 2496); and
      Submission 169, date received 15.5.96, Northern Territory Liquor Commission (Paper 2496).

      On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.

12. SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL BY THE COMMUNITY - INQUIRY INTO THE NYIRRIPI DISTURBANCES, NOVEMBER 1994 - 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.
13. STANDING ORDERS COMMITTEE - SECOND REPORT AND THIRD REPORT - PAPERS NOTED; and ADOPTION OF SECOND REPORT RECOMMENDATIONS ON MATTERS OF PRIVILEGE:
    The order of the day having been read for the resumption of the debate on the question - That the Assembly take note of the Papers -
    The Leader of Government Business (Mr Coulter), by leave, further moved - That the recommendations contained in the Second Report of the Standing Orders Committee, relating to raising matters of privilege be adopted.
      Debate ensued.
    Question - That the Reports be noted - put and passed.
    Question - That the recommendations contained in the Second Report of the Standing Orders Committee, be adopted - put.
      Debate ensued.
    The Deputy Leader of the Opposition (Mr Bailey) moved the following amendment - Add at the end the following -
      “and the Government will prepare and issue explanatory memoranda to Members of the Legislative Assembly in relation to Bills and Amendment Schedules before the House.”.
The Leader of Government Business (Mr Coulter) 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, 12 NOES, 5

Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Ms Martin
Mr Burke Mr Rioli
Mr Coulter Mr Stirling
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -


AYES, 5 NOES, 12

Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Ms Martin Mrs Braham
Mr Rioli Mr Burke
Mr Stirling Mr Coulter
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Poole
Mr Reed
Mr Setter
Mr Stone

Amendment negatived accordingly.
Debate continued.
    The Leader of Government Business (Mr Coulter) moved - That the question for the adoption of recommendations contained in the Second Report of the Standing Orders Committee be now put.
Question - put and passed.
    Question - That the motion adopting the recommendations contained in the Second Report of the Standing Orders Committee be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 13 NOES, 7

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

And so it was resolved in the affirmative.

14. EXPLANATION OF SPEECH:
    The Member for Macdonnell (Mr Bell), pursuant to Standing Order 54, rose to make an explanation of a speech.
    The Speaker reminded Mr Bell of his obligation to adhere to the provisions of his letter to all Members, dated 16 February 1996, relating to Personal Explanations and Explanation of Speeches permitted by Members, pursuant to Standing Orders and requested that the Member adhere to the provisions of Standing Order 54.
    Suspension of Standing Orders - move a motion of dissent from Speaker’s ruling: Mr Bell moved - That so much of Standing Orders be suspended as would prevent him moving a motion of dissent from the ruling of Speaker in respect of the operation of Standing Order 54.
      The Leader of Government Business (Mr Coulter) moved - That the question be put.
    Question - That the question be now put - put.
    The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

    AYES, 13 NOES, 6

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

    And so it was resolved in the affirmative.
    Question - That Standing Orders be suspended - put and negatived.
    Mr Bell, pursuant to Standing Order 54 made an explanation of his speech delivered in the previous debate which he claimed had been misunderstood by the Leader of Government Business (Mr Coulter).

15. ORDER OF BUSINESS:
    The Leader of Government Business (Mr Coulter) moved - That intervening business be postponed until after consideration of Government Business, Notice No. 17 relating to the Juvenile Justice Amendment Bill 1996 (Serial 158) and Sentencing (Consequential Amendments) Amendment Bill 1996 (Serial 159).
      Question - put and passed.
16. JUVENILE JUSTICE AMENDMENT BILL 1996 (Serial 158) and SENTENCING (CONSEQUENTIAL AMENDMENTS) AMENDMENT BILL 1996 (Serial 159):
    Suspension of Standing Orders - pass all stages: The Minister for Correctional Services (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent the and the Sentencing (Consequential Amendments) Amendment Bill 1996 (Serial 159) passing through all stages this sitting
    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 the resumption of the debate on the question - That the Bills be now read a second time -
      Debate ensued.
      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 Minister for Correctional Services (Mr Manzie) the Bills were read a third time and passed to be a proposed laws.
17. ADJOURNMENT:
    The Chief Minister (Mr Stone) moved - That the Assembly do now adjourn.
      Debate ensued.
    Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -

    Combined ALP Branches Quiz Night, leaflet, November 25th 1995 (Paper 2503).

    Debate continued.

    And the Assembly having continued to sit until 12 midnight -

    Friday 24 May 1996 AM

      Debate continued.
      Question - put and passed.
    And the Assembly adjourned at 0035 a.m. until Tuesday 13 August 1996 at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker pursuant to Sessional Order.
    ============================

      PAPER:
      The following Paper was deemed to have been presented on Thursday 23 May 1996:

      Annual Report:
      Northern Territory Fisheries Joint Authority, year ended 31 December 1994 (Paper 2470).
      ===============================

      ATTENDANCE:
      All Members attended the sitting except Dr Lim, on leave.

      Ian McNeill
      Clerk of the Legislative Assembly
    Last updated: 04 Aug 2016
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