Minutes of Proceedings - 1995-08-16
Seventh Assembly First Session 15/08/1995 Parliamentary Record No. 13
__________________________________________________________________________________
Date : 16/08/1995__________________________________________________________________________________
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 Nightcliff (Mr Hatton), by leave, presented a petition, not conforming with
Standing Orders, from 38 petitioners relating to senior citizens' home safety and
their right of defence against intruders (Paper 1903).
4. NOTICE:
The following notice was given:
Mr Coulter: To move - That -
(1) a Committee, to be known as the Select Committee
on Interactive Television Gaming, be appointed to
inquire and report on the impact of broadband
communication services on the Northern
Territory's racing and gaming industry, in
particular:
(a) the future delivery of broadband services to
the Northern Territory and the timing of
connections to homes and businesses;
(b) the likely developments through interactive
pay television for direct consumer gaming
opportunities;
(c) the likely impact of those opportunities on
existing racing and gaming operations in the
Northern Territory, especially the operations
of the Northern Territory TAB;
(d) the likely impact on Northern Territory
revenue;
(e) the potential benefits which might accrue to
the racing and gaming industry and to the
consumer;
(f) the possible impact of interactive gaming
opportunities on the lifestyles and social
structure of Territorians; and
(g) any changes considered necessary to update
Northern Territory legislation in the face of
broadband communications technology
developments; and
(2) unless otherwise ordered, membership will
comprise Mr Adamson, Mr Baldwin and Mr Stirling;
Page 315
(3) the Committee be empowered to send for and
examine persons, papers and records, to sit in
public or in private session, notwithstanding any
adjournment of the Assembly, and to adjourn from
place to place;
(4) the quorum of the Committee be two;
(5) the Committee have leave to report, from time to
time, its proceedings and such interim
recommendations as it may deem fit;
(6) the Committee report to the Assembly by 31 March
1996;
(7) 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 as take place in public;
(8) 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;
(9) the foregoing provisions of this resolution, so
far as they are inconsistent with the Standing
Orders, have effect notwithstanding anything
contained in the Standing Orders.
5. VISITORS:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of students from the Intensive English Language Unit, Darwin High School
and their teacher Vijay Narayan; and secondary students from Jilkminggan School and their teacher Judy King.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
6. QUESTIONS:
A question was asked of a Minister.
Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers -
. Discussion Paper, Electoral Office Administrative Arrangements,
dated July 1990 (Paper 1904); and
. Memorandum, Mr Charlie Phillips, Chief Electoral Officer to Mr Derek Frampton,
Department of the Chief Minister, dated 12 March 1992 (Paper 1905).
A further question was asked of a Minister.
Paper tabled: The Minister for Mines and Energy (Mr Reed) laid on the Table the following paper -
. Article, " BHP breaks ranks for 11-well bid" PEX, Volume 25 Issue #6, dated 29 May 1995 (Paper 1906).
Further questions were asked of Ministers.
Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following papers -
Page 316
. Letter, Mr Rick Setter, MLA, Member for Jingili to the Honourable
Marshall Perron, MLA, Chief Minister, dated 21 December 1990 (Paper 1907);
. Letter, Hon Marshall Perron, MLA, Chief Minister to Mr R. A. Setter, MLA, dated
17 February 1991 (Paper 1908); and
. Letter, Hon Marshall Perron, MLA, Chief Minister to Mr M. J. Palmer, MLA,
Chairman, Public Accounts Committee, dated 17 February 1991 (Paper 1909).
Further questions were asked of Ministers.
Paper tabled: The Deputy Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Paper -
. Country Liberal Party plans for privatising Power and Water Authority
(Paper 1910).
A further question was asked of a Minister.
Supplementary answer: The Minister for Transport and Works (Mr Palmer)
gave a supplementary answer to a question asked by the Member for Nelson
(Mrs Padgham-Purich) during Question Time on Tuesday 15 August 1995.
Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
. "The 1990 Elections in the Northern Territory, A Statistical Analysis" by
Dean Jaensch, Polity Publications, Monograph No. 9 (Paper 1911).
7. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED
DELIBERATE MISLEADING OF THE ASSEMBLY BY THE MEMBER FOR
LEANYER - SPEAKER'S DECISION NOT TO REFER MATTER TO
COMMITTEE OF PRIVILEGES:
The Speaker advised Members that he did not intend to refer to the Committee of
Privileges the alleged matter of privilege raised by the Member for Wanguri
(Mr Bailey) relating to the alleged misleading of the Assembly by the Member for Leanyer (Mr Finch).
The Speaker addressed the Assembly in the following terms:
Honourable Members will recall that, yesterday, I undertook to advise the Assembly of
my decision in respect of a complaint raised by the Member for Wanguri, Mr Bailey,
pursuant to Standing Order 83. Mr Bailey's complaint concerned the alleged
misleading of the Assembly by the Member for Leanyer, the Honourable Fred Finch, on
13 August 1993, during the debate on the annual Appropriation Bill and relating to the
purchase of wheelchairs from Modular Medical Products.
Mr Bailey had raised a similar complaint on Thursday 25 May 1995 and I advised the
House on 20 June 1995, that at that time, I understood the matter of Mr Bailey's
concern was then being considered by the Public Accounts Committee.
I have sought the advice of the Chairman of the Public Accounts Committee and he
has advised as follows. The Public Accounts Committee has further investigated the
matter and is satisfied with the information provided by the Member for Leanyer and
now considers the matter concluded. The Chairman also advised that relevant
evidence and documents relating to the matter have not been authorised to be
disclosed or published by any member of the Committee or any other person (Standing Order 274).
Page 317
Section 5 of the Legislative Assembly (Powers and Privileges) Act reads as follows:
"5. Essential element of offences
Conduct (including the use of words) does not constitute an offence against the
Assembly unless it amounts, or is intended or likely to amount, to an improper interference with the free exercise by the Assembly or a Committee, of its authority or
functions, or with the free performance by a member or the member's duties as a member.".
As the Public Accounts Committee has considered the matter of concern to the Member
for Wanguri and that the Committee is satisfied that there is no such improper
interference, I advise the Assembly that it is my decision not to refer the complaint to
the Committee of Privileges. I will expand on the use of this criterion later in this statement.
In so deciding, I point out that the Member for Wanguri still has available to him the
opportunity to move a motion to refer the matter of his concern to the Committee of Privileges forthwith.
I understand that the subject matter of Mr Bailey's concern is still before the Public
Accounts Committee. Accordingly, the Member for Wanguri also has an opportunity to
contribute to that Committee's report and will have an opportunity to contribute to
debate when that report is tabled in Assembly.
In its report to the Assembly in March this year, the Committee of Privileges observed as follows:
"3.4 Observation
Finally, the Committee notes that the current procedure for referring matters to the
Committee of Privileges in the Northern Territory Legislative Assembly differs
significantly to current practice in the Commonwealth Parliament and the House of Commons.
The Committee is of the opinion that the Standing Orders Committee should consider
whether it would be appropriate for the Northern Territory Legislative Assembly to
adopt Standing Orders and practice similar to that introduced to the House of
Commons in 1978 and now in place in the Commonwealth Parliament.".
As I have previously advised the Assembly, it is a matter of concern to me that no
action has been taken to date in the matter of addressing the prevailing
inconsistency of the practice in this Assembly with other parliaments in the role of the
Presiding Officer in matters of privilege.
In all other relevant parliaments, the common thread is that it is not for the Presiding
Officer to determine whether a breach of privilege or a contempt has occurred, or
whether a matter should be referred to the Committee of Privileges. In other
Houses, the Presiding Officer's function is limited to satisfying himself whether it is a
matter which should have priority over other business of the House.
Page 318
I trust that this matter will be resolved by the Standing Orders Committee and this
Assembly as soon as possible.
In the interim, I give notice to the Assembly that I intend to administer my responsibility in
determining whether a matter should be referred to the Committee of Privileges,
pursuant to Standing Order 84, by having regard to only the following criteria.
The principle that the Assembly's power to judge and deal with contempts should be
used only where it is necessary to provide reasonable protection for the Assembly, its
committees and members against any improper acts which would substantially
obstruct or interfere with them in the exercise of their authority or performance of their functions.
8. REQUEST FOR TABLING OF PAPERS HELD BY THE PUBLIC ACCOUNTS
COMMITTEE - LEAVE DENIED:
The Member for Wanguri (Mr Bailey) - sought leave to publish, pursuant to Standing
Order 274, relevant documents tabled within meetings of the Public Accounts Committee.
Objection being raised - leave denied.
9. SUSPENSION OF STANDING ORDERS - TABLE PAPERS FROM THE
PUBLIC ACCOUNTS COMMITTEE PURSUANT TO STANDING ORDER 274 -
MOTION NEGATIVED:
The Member for Wanguri (Mr Bailey) moved - That so much of Standing Orders be
suspended as would prevent him moving a motion to disclose and publish relevant
documents tabled in meetings of the Public Accounts Committee.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
Page 319
10. REFER RULING OF SPEAKER ON PRIVILEGE MATTER TO THE
COMMITTEE OF PRIVILEGES - MOTION NEGATIVED:
The Member for Wanguri (Mr Bailey), pursuant to Standing Order 84, moved - That the
matter of privilege raised by Mr Bailey relating to the alleged misleading of the Assembly
by the Member for Leanyer be referred to the Committee of Privileges.
Debate ensued.
The Speaker having upheld a point of order in relation to unparliamentary language -
Dissent from the Speaker's ruling: The Leader of the Opposition (Mr Ede) moved
dissent from the Speaker's ruling that words used by the Member for Wanguri were unparliamentary.
The motion of dissent having been submitted in writing and seconded -
Debate ensued.
The Leader of the Opposition (Mr Ede) sought leave to table certain documents.
Objection being raised - leave denied.
Question - That the motion of dissent from the Speaker's ruling be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mrs Padgham-Purich Mr Hatton
Mr Rioli Dr Lim
Mr Stirling Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
The Leader of Government Business (Mr Coulter) moved -
That the main 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, 9
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy
Mr Finch Ms Martin
Mr Hatton Mrs Padgham-Purich
Dr Lim Mr Rioli
Page 320
Mr Manzie Mr Stirling
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the matter of privilege relating to the alleged misleading of the
Assembly by the Member for Leanyer be referred to the Committee of Privileges - put.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 16
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
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 12.05 p.m. and 2.00 p.m.
____________________
11. SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL BY THE
COMMUNITY - EXTENDED TERMS OF REFERENCE - MOTION NEGATIVED:
The Member for Macdonnell (Mr Bell) moved - That the Terms of Reference of the
Sessional Committee on the Use and Abuse of Alcohol by the Community, agreed to
on 27 June 1994, be varied as follows by inserting new paragraph 2A -
"2A. The Committee be empowered, unless otherwise ordered, to inquire into and report on:
(a) the extent of illegal drug use in the Northern Territory; and
Page 321
(b) the legislative and administrative response of other Australian
Governments to such illegal drug use; and
the Committee make recommendations for legislative and administrative reform
in the Northern Territory in respect of those matters; and
report during the August 1996 sittings.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 16
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
12. DISTINGUISHED VISITOR:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of Mrs Joan Sheldon, Deputy Leader of the Opposition in the Legislative
Assembly of Queensland.
On behalf of Honourable Members, the Speaker extended a warm welcome to the
distinguished visitor.
13. QUALITY OF LIFE OF TERRITORY POPULATION - MOTION NEGATIVED:
The Member for Arafura (Mr Rioli) moved - That this Assembly takes note of the poor
quality of life of a large number of the Northern Territory population, in particular:
(a) the poor health status;
(b) the low education attainment;
(c) inadequate housing;
(d) poor employment prospects; and
Page 322
(e) the general impacts of poverty; and
calls on the Northern Territory Government to implement a series of initiatives to address
these inequalities to provide measurable outcomes of improvement in each of the
above areas, with the objective of providing equality of opportunity for all Territorians.
Paper tabled: Mr Rioli, by leave, laid on the Table the following paper -
. Selected Social Indicators for the Northern Territory, prepared for the Territory
Labor Caucus Committee on Social Justice and Poverty, Australian Bureau
of Statistics, dated March 1995 (Paper 1912).
Debate ensued.
Question - put and negatived.
14. NORTHERN TERRITORY LAND CORPORATION AMENDMENT BILL 1995
(Serial 99):
The Member for Wanguri (Mr Bailey), pursuant to notice, presented a Bill for an Act to
amend the Northern Territory Land Corporation Act.
Bill read a first time.
Mr Bailey moved - That the Bill be now read a second time.
On the motion of the Minister for Lands, Planning and Environment (Mr Reed) debate was adjourned.
15. POISONS AND DANGEROUS DRUGS AMENDMENT BILL 1995 (Serial 100):
The Member for Macdonnell (Mr Bell), pursuant to notice, presented a Bill for an Act to
amend the Poisons and Dangerous Drugs Act.
Bill read a first time.
Mr Bell moved - That the Bill be now read a second time.
Debate ensued.
Suspension of Standing Orders - Pass all stages: The Minister for Health Services
(Mr Finch) moved - That so much of Standing Orders be suspended as would prevent
the Poisons and Dangerous Drugs Amendment Bill 1995 (Serial 100) 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.
Debate continued.
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)
Clause 1 agreed to.
Clause 2 negatived.
On the motion of the Member for Macdonnell (Mr Bell) the following new clause was added to the Bill -
Page 323
Insert after clause 1 the following:
"2. RESTRICTION ON PRESCRIPTION OF AMPHETAMINES
Section 29A of the Poisons and Dangerous Drugs Act is amended by omitting
subsection (1) and substituting the following:
`(1) Notwithstanding section 29, a medical practitioner shall not prescribe an
amphetamine except for a person suffering from narcolepsy or
from hyperkinetic brain damage (including attention deficit disorder).'.".
Title agreed to.
Bill to be reported with amendments.
______________________________
The Deputy Chairman (Mrs Braham) resumed the Chair; the Chairman (Mr Setter)
reported accordingly; and the report was adopted.
On the motion of the Member for Macdonnell (Mr Bell) the Bill was read a third time and
passed to be a proposed law.
16. BUSINESS WITHDRAWN:
The Leader of Government Business (Mr Coulter) moved - That Government Business,
Notice No. 1 relating to the Poisons and Dangerous Drugs Amendment Bill (No. 2) 1995
(Serial 98) be withdrawn.
Question - put and passed.
17. GAMING CONTROL AMENDMENT BILL 1995 (Serial 93):
The Minister for Racing and Gaming (Mr Coulter), pursuant to notice, presented a Bill for
an Act to amend the Gaming Control Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
18. CONSERVATION COMMISSION AMENDMENT BILL 1995 (Serial 94);
and PARKS AND WILDLIFE COMMISSION (CONSEQUENTIAL
AMENDMENTS) BILL 1995 (Serial 95):
Suspension of Standing Orders - Take two Bills together:
The Minister for Parks and Wildlife (Mr Coulter) moved - That so much of Standing
Orders be suspended as would prevent two Bills, namely the Conservation
Commission Amendment Bill 1995 (Serial 94) and the Parks and Wildlife Commission
(Consequential Amendments) Bill 1995 (Serial 95) -
(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.
Page 324
Mr Coulter, pursuant to notice, presented a Bill for an Act to amend the Conservation
Commission Act by changing the name of the Commission and varying its functions and
membership while maintaining its corporate identity and continuity, and in other
respects; and a Bill for an Act to amend various Acts and Regulations consequential on
the passing of the Conservation Commission Amendment Act 1995.
Bills read a first time.
Mr Coulter moved - That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
19. ADJOURNMENT:
The Leader of Government Business (Mr Coulter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper -
. Memorial sheet, Christine Afianos, 14/7/1928 to 1/8/1995 (Paper 1955).
Debate continued.
Question - put and passed.
And the Assembly adjourned at 8.46 p.m. until tomorrow at 10.00 a.m.
======================
All Members attended the sitting.
Page 325
__________________________________________________________________________________
Date : 16/08/1995
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 Nightcliff (Mr Hatton), by leave, presented a petition, not conforming with
Standing Orders, from 38 petitioners relating to senior citizens' home safety and
their right of defence against intruders (Paper 1903).
4. NOTICE:
The following notice was given:
Mr Coulter: To move - That -
(1) a Committee, to be known as the Select Committee
on Interactive Television Gaming, be appointed to
inquire and report on the impact of broadband
communication services on the Northern
Territory's racing and gaming industry, in
particular:
(a) the future delivery of broadband services to
the Northern Territory and the timing of
connections to homes and businesses;
(b) the likely developments through interactive
pay television for direct consumer gaming
opportunities;
(c) the likely impact of those opportunities on
existing racing and gaming operations in the
Northern Territory, especially the operations
of the Northern Territory TAB;
(d) the likely impact on Northern Territory
revenue;
(e) the potential benefits which might accrue to
the racing and gaming industry and to the
consumer;
(f) the possible impact of interactive gaming
opportunities on the lifestyles and social
structure of Territorians; and
(g) any changes considered necessary to update
Northern Territory legislation in the face of
broadband communications technology
developments; and
(2) unless otherwise ordered, membership will
comprise Mr Adamson, Mr Baldwin and Mr Stirling;
Page 315
(3) the Committee be empowered to send for and
examine persons, papers and records, to sit in
public or in private session, notwithstanding any
adjournment of the Assembly, and to adjourn from
place to place;
(4) the quorum of the Committee be two;
(5) the Committee have leave to report, from time to
time, its proceedings and such interim
recommendations as it may deem fit;
(6) the Committee report to the Assembly by 31 March
1996;
(7) 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 as take place in public;
(8) 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;
(9) the foregoing provisions of this resolution, so
far as they are inconsistent with the Standing
Orders, have effect notwithstanding anything
contained in the Standing Orders.
5. VISITORS:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of students from the Intensive English Language Unit, Darwin High School
and their teacher Vijay Narayan; and secondary students from Jilkminggan School and their teacher Judy King.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
6. QUESTIONS:
A question was asked of a Minister.
Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers -
. Discussion Paper, Electoral Office Administrative Arrangements,
dated July 1990 (Paper 1904); and
. Memorandum, Mr Charlie Phillips, Chief Electoral Officer to Mr Derek Frampton,
Department of the Chief Minister, dated 12 March 1992 (Paper 1905).
A further question was asked of a Minister.
Paper tabled: The Minister for Mines and Energy (Mr Reed) laid on the Table the following paper -
. Article, " BHP breaks ranks for 11-well bid" PEX, Volume 25 Issue #6, dated 29 May 1995 (Paper 1906).
Further questions were asked of Ministers.
Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following papers -
Page 316
. Letter, Mr Rick Setter, MLA, Member for Jingili to the Honourable
Marshall Perron, MLA, Chief Minister, dated 21 December 1990 (Paper 1907);
. Letter, Hon Marshall Perron, MLA, Chief Minister to Mr R. A. Setter, MLA, dated
17 February 1991 (Paper 1908); and
. Letter, Hon Marshall Perron, MLA, Chief Minister to Mr M. J. Palmer, MLA,
Chairman, Public Accounts Committee, dated 17 February 1991 (Paper 1909).
Further questions were asked of Ministers.
Paper tabled: The Deputy Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Paper -
. Country Liberal Party plans for privatising Power and Water Authority
(Paper 1910).
A further question was asked of a Minister.
Supplementary answer: The Minister for Transport and Works (Mr Palmer)
gave a supplementary answer to a question asked by the Member for Nelson
(Mrs Padgham-Purich) during Question Time on Tuesday 15 August 1995.
Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
. "The 1990 Elections in the Northern Territory, A Statistical Analysis" by
Dean Jaensch, Polity Publications, Monograph No. 9 (Paper 1911).
7. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED
DELIBERATE MISLEADING OF THE ASSEMBLY BY THE MEMBER FOR
LEANYER - SPEAKER'S DECISION NOT TO REFER MATTER TO
COMMITTEE OF PRIVILEGES:
The Speaker advised Members that he did not intend to refer to the Committee of
Privileges the alleged matter of privilege raised by the Member for Wanguri
(Mr Bailey) relating to the alleged misleading of the Assembly by the Member for Leanyer (Mr Finch).
The Speaker addressed the Assembly in the following terms:
Honourable Members will recall that, yesterday, I undertook to advise the Assembly of
my decision in respect of a complaint raised by the Member for Wanguri, Mr Bailey,
pursuant to Standing Order 83. Mr Bailey's complaint concerned the alleged
misleading of the Assembly by the Member for Leanyer, the Honourable Fred Finch, on
13 August 1993, during the debate on the annual Appropriation Bill and relating to the
purchase of wheelchairs from Modular Medical Products.
Mr Bailey had raised a similar complaint on Thursday 25 May 1995 and I advised the
House on 20 June 1995, that at that time, I understood the matter of Mr Bailey's
concern was then being considered by the Public Accounts Committee.
I have sought the advice of the Chairman of the Public Accounts Committee and he
has advised as follows. The Public Accounts Committee has further investigated the
matter and is satisfied with the information provided by the Member for Leanyer and
now considers the matter concluded. The Chairman also advised that relevant
evidence and documents relating to the matter have not been authorised to be
disclosed or published by any member of the Committee or any other person (Standing Order 274).
Page 317
Section 5 of the Legislative Assembly (Powers and Privileges) Act reads as follows:
"5. Essential element of offences
Conduct (including the use of words) does not constitute an offence against the
Assembly unless it amounts, or is intended or likely to amount, to an improper interference with the free exercise by the Assembly or a Committee, of its authority or
functions, or with the free performance by a member or the member's duties as a member.".
As the Public Accounts Committee has considered the matter of concern to the Member
for Wanguri and that the Committee is satisfied that there is no such improper
interference, I advise the Assembly that it is my decision not to refer the complaint to
the Committee of Privileges. I will expand on the use of this criterion later in this statement.
In so deciding, I point out that the Member for Wanguri still has available to him the
opportunity to move a motion to refer the matter of his concern to the Committee of Privileges forthwith.
I understand that the subject matter of Mr Bailey's concern is still before the Public
Accounts Committee. Accordingly, the Member for Wanguri also has an opportunity to
contribute to that Committee's report and will have an opportunity to contribute to
debate when that report is tabled in Assembly.
In its report to the Assembly in March this year, the Committee of Privileges observed as follows:
"3.4 Observation
Finally, the Committee notes that the current procedure for referring matters to the
Committee of Privileges in the Northern Territory Legislative Assembly differs
significantly to current practice in the Commonwealth Parliament and the House of Commons.
The Committee is of the opinion that the Standing Orders Committee should consider
whether it would be appropriate for the Northern Territory Legislative Assembly to
adopt Standing Orders and practice similar to that introduced to the House of
Commons in 1978 and now in place in the Commonwealth Parliament.".
As I have previously advised the Assembly, it is a matter of concern to me that no
action has been taken to date in the matter of addressing the prevailing
inconsistency of the practice in this Assembly with other parliaments in the role of the
Presiding Officer in matters of privilege.
In all other relevant parliaments, the common thread is that it is not for the Presiding
Officer to determine whether a breach of privilege or a contempt has occurred, or
whether a matter should be referred to the Committee of Privileges. In other
Houses, the Presiding Officer's function is limited to satisfying himself whether it is a
matter which should have priority over other business of the House.
Page 318
I trust that this matter will be resolved by the Standing Orders Committee and this
Assembly as soon as possible.
In the interim, I give notice to the Assembly that I intend to administer my responsibility in
determining whether a matter should be referred to the Committee of Privileges,
pursuant to Standing Order 84, by having regard to only the following criteria.
The principle that the Assembly's power to judge and deal with contempts should be
used only where it is necessary to provide reasonable protection for the Assembly, its
committees and members against any improper acts which would substantially
obstruct or interfere with them in the exercise of their authority or performance of their functions.
8. REQUEST FOR TABLING OF PAPERS HELD BY THE PUBLIC ACCOUNTS
COMMITTEE - LEAVE DENIED:
The Member for Wanguri (Mr Bailey) - sought leave to publish, pursuant to Standing
Order 274, relevant documents tabled within meetings of the Public Accounts Committee.
Objection being raised - leave denied.
9. SUSPENSION OF STANDING ORDERS - TABLE PAPERS FROM THE
PUBLIC ACCOUNTS COMMITTEE PURSUANT TO STANDING ORDER 274 -
MOTION NEGATIVED:
The Member for Wanguri (Mr Bailey) moved - That so much of Standing Orders be
suspended as would prevent him moving a motion to disclose and publish relevant
documents tabled in meetings of the Public Accounts Committee.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
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10. REFER RULING OF SPEAKER ON PRIVILEGE MATTER TO THE
COMMITTEE OF PRIVILEGES - MOTION NEGATIVED:
The Member for Wanguri (Mr Bailey), pursuant to Standing Order 84, moved - That the
matter of privilege raised by Mr Bailey relating to the alleged misleading of the Assembly
by the Member for Leanyer be referred to the Committee of Privileges.
Debate ensued.
The Speaker having upheld a point of order in relation to unparliamentary language -
Dissent from the Speaker's ruling: The Leader of the Opposition (Mr Ede) moved
dissent from the Speaker's ruling that words used by the Member for Wanguri were unparliamentary.
The motion of dissent having been submitted in writing and seconded -
Debate ensued.
The Leader of the Opposition (Mr Ede) sought leave to table certain documents.
Objection being raised - leave denied.
Question - That the motion of dissent from the Speaker's ruling be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mrs Padgham-Purich Mr Hatton
Mr Rioli Dr Lim
Mr Stirling Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
The Leader of Government Business (Mr Coulter) moved -
That the main 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, 9
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy
Mr Finch Ms Martin
Mr Hatton Mrs Padgham-Purich
Dr Lim Mr Rioli
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Mr Manzie Mr Stirling
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the matter of privilege relating to the alleged misleading of the
Assembly by the Member for Leanyer be referred to the Committee of Privileges - put.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 16
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
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 12.05 p.m. and 2.00 p.m.
____________________
11. SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL BY THE
COMMUNITY - EXTENDED TERMS OF REFERENCE - MOTION NEGATIVED:
The Member for Macdonnell (Mr Bell) moved - That the Terms of Reference of the
Sessional Committee on the Use and Abuse of Alcohol by the Community, agreed to
on 27 June 1994, be varied as follows by inserting new paragraph 2A -
"2A. The Committee be empowered, unless otherwise ordered, to inquire into and report on:
(a) the extent of illegal drug use in the Northern Territory; and
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(b) the legislative and administrative response of other Australian
Governments to such illegal drug use; and
the Committee make recommendations for legislative and administrative reform
in the Northern Territory in respect of those matters; and
report during the August 1996 sittings.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 16
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
12. DISTINGUISHED VISITOR:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the gallery of Mrs Joan Sheldon, Deputy Leader of the Opposition in the Legislative
Assembly of Queensland.
On behalf of Honourable Members, the Speaker extended a warm welcome to the
distinguished visitor.
13. QUALITY OF LIFE OF TERRITORY POPULATION - MOTION NEGATIVED:
The Member for Arafura (Mr Rioli) moved - That this Assembly takes note of the poor
quality of life of a large number of the Northern Territory population, in particular:
(a) the poor health status;
(b) the low education attainment;
(c) inadequate housing;
(d) poor employment prospects; and
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(e) the general impacts of poverty; and
calls on the Northern Territory Government to implement a series of initiatives to address
these inequalities to provide measurable outcomes of improvement in each of the
above areas, with the objective of providing equality of opportunity for all Territorians.
Paper tabled: Mr Rioli, by leave, laid on the Table the following paper -
. Selected Social Indicators for the Northern Territory, prepared for the Territory
Labor Caucus Committee on Social Justice and Poverty, Australian Bureau
of Statistics, dated March 1995 (Paper 1912).
Debate ensued.
Question - put and negatived.
14. NORTHERN TERRITORY LAND CORPORATION AMENDMENT BILL 1995
(Serial 99):
The Member for Wanguri (Mr Bailey), pursuant to notice, presented a Bill for an Act to
amend the Northern Territory Land Corporation Act.
Bill read a first time.
Mr Bailey moved - That the Bill be now read a second time.
On the motion of the Minister for Lands, Planning and Environment (Mr Reed) debate was adjourned.
15. POISONS AND DANGEROUS DRUGS AMENDMENT BILL 1995 (Serial 100):
The Member for Macdonnell (Mr Bell), pursuant to notice, presented a Bill for an Act to
amend the Poisons and Dangerous Drugs Act.
Bill read a first time.
Mr Bell moved - That the Bill be now read a second time.
Debate ensued.
Suspension of Standing Orders - Pass all stages: The Minister for Health Services
(Mr Finch) moved - That so much of Standing Orders be suspended as would prevent
the Poisons and Dangerous Drugs Amendment Bill 1995 (Serial 100) 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.
Debate continued.
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)
Clause 1 agreed to.
Clause 2 negatived.
On the motion of the Member for Macdonnell (Mr Bell) the following new clause was added to the Bill -
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Insert after clause 1 the following:
"2. RESTRICTION ON PRESCRIPTION OF AMPHETAMINES
Section 29A of the Poisons and Dangerous Drugs Act is amended by omitting
subsection (1) and substituting the following:
`(1) Notwithstanding section 29, a medical practitioner shall not prescribe an
amphetamine except for a person suffering from narcolepsy or
from hyperkinetic brain damage (including attention deficit disorder).'.".
Title agreed to.
Bill to be reported with amendments.
______________________________
The Deputy Chairman (Mrs Braham) resumed the Chair; the Chairman (Mr Setter)
reported accordingly; and the report was adopted.
On the motion of the Member for Macdonnell (Mr Bell) the Bill was read a third time and
passed to be a proposed law.
16. BUSINESS WITHDRAWN:
The Leader of Government Business (Mr Coulter) moved - That Government Business,
Notice No. 1 relating to the Poisons and Dangerous Drugs Amendment Bill (No. 2) 1995
(Serial 98) be withdrawn.
Question - put and passed.
17. GAMING CONTROL AMENDMENT BILL 1995 (Serial 93):
The Minister for Racing and Gaming (Mr Coulter), pursuant to notice, presented a Bill for
an Act to amend the Gaming Control Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
18. CONSERVATION COMMISSION AMENDMENT BILL 1995 (Serial 94);
and PARKS AND WILDLIFE COMMISSION (CONSEQUENTIAL
AMENDMENTS) BILL 1995 (Serial 95):
Suspension of Standing Orders - Take two Bills together:
The Minister for Parks and Wildlife (Mr Coulter) moved - That so much of Standing
Orders be suspended as would prevent two Bills, namely the Conservation
Commission Amendment Bill 1995 (Serial 94) and the Parks and Wildlife Commission
(Consequential Amendments) Bill 1995 (Serial 95) -
(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.
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Mr Coulter, pursuant to notice, presented a Bill for an Act to amend the Conservation
Commission Act by changing the name of the Commission and varying its functions and
membership while maintaining its corporate identity and continuity, and in other
respects; and a Bill for an Act to amend various Acts and Regulations consequential on
the passing of the Conservation Commission Amendment Act 1995.
Bills read a first time.
Mr Coulter moved - That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
19. ADJOURNMENT:
The Leader of Government Business (Mr Coulter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper -
. Memorial sheet, Christine Afianos, 14/7/1928 to 1/8/1995 (Paper 1955).
Debate continued.
Question - put and passed.
And the Assembly adjourned at 8.46 p.m. until tomorrow at 10.00 a.m.
======================
All Members attended the sitting.
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Last updated: 04 Aug 2016