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Minutes of Proceedings - 1996-02-20

Seventh Assembly First Session 20/02/1996 Parliamentary Record No. 19
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Date : 20/02/1996
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1. MEETING:
    The Assembly met at 10.00 a.m., pursuant to resolution of the Assembly, dated Thursday 30 November 1995. 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 Speakers Gallery of Mr Marshall Perron, former Chief Minister and member of the Legislative Assembly.
    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 Nungalinya College students, Certificate in Community Organising, and their Course Co-ordinator, Ms Ellen Gapany; and Sacred Heart Primary School students, Year 7, and their teachers Ms Bernadette Logan and Mr Craig Simpson.
      On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

5. PETITIONS:
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 1163 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the Parap area do not cause disruption and offence to others (Paper 2192).
      Petition read.
    The Member for Greatorex (Dr Lim) presented a petition from 4754 petitioners requesting the Assembly to put in place the appropriate judicial system to ensure that leniency is not granted to first-time and repeat sexual offenders (Paper 2191).
      Petition read.
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 153 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the Darwin Central Business area do not cause disruption and offence to others (Paper 2203).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 636 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the vicinity of Smith Street and Harriet Place do not cause disruption and offence to others (Paper 2193).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 469 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the vicinity of the Stuart Park Shopping Centre area do not cause disruption and offence to others (Paper 2194).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 355 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the vicinity of East Point Road and the Fannie Bay Shopping Centre area do not cause disruption and offence to others (Paper 2195).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 672 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the vicinity of the Nightcliff Foreshores and the Progress Drive Shopping Centre do not cause disruption and offence to others (Paper 2196).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 657 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the Casuarina Shopping and Business areas do not cause disruption and offence to others (Paper 2197).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 834 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the vicinity of the Karama Shopping Centre do not cause disruption and offence to others (Paper 2198).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 246 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the vicinity of the Alawa Shopping Centre do not cause disruption and offence to others (Paper 2199).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 364 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the vicinity of the Malak Shopping Centre do not cause disruption and offence to others (Paper 2200).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 607 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the vicinity of the Katherine Central Business area do not cause disruption and offence to others (Paper 2201).
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 738 petitioners requesting the Assembly take steps to enforce the two kilometre drinking law, the Anti-Littering Act, the Summary Offences Act and the Domestic Violence Act in order that inebriated people within the vicinity of the Palmerston Business area do not cause disruption and offence to others (Paper 2202).

6. NOTICES:
    The following notices were given:
      Mr Palmer: To present the Motor Vehicles Amendment Bill 1996 (Serial 137).
      Mr Palmer: To present the Traffic Amendment Bill 1996 (Serial 138).
      Mr Bell: To present the Respect for Human Life Bill 1996 (Serial 111).

7. QUESTIONS:
    Questions were asked of Ministers.
    Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
      Letter, Mr Michael Fong, Secretary, Department of Education to Mr Chris Sharpe, President, Australian Education Union (NT Branch), dated 15 February 1996 (Paper 2166).
    Papers tabled: The Minister for Education and Training (Mr Hatton) laid on the Table the following Papers -
      Table, Teacher Salary Comparison - Projected as at 31 December 1996, prepared by HRM Branch, 13 February 1996 (Paper 2167);
      Graph, 1994 All Schools Pupil-Teacher Ratios by level of Education (Primary and Secondary) by State and Territory (Paper 2168); and
      Table, Student/Teacher staff (FTE) (a) Ratios by level of Education: Category of School (and Non-Government Affiliation), 1994 (Paper 2174).
      A further question was asked of a Minister.
      Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers -
      Bulletin, ITG Update, Authorised by P. De Carlo, Acting Secretary, Telecommunications Section (Paper 2170); and
      Telstra, Serving Locally Thinking Globally, Liberal and National Parties Policy, 1996 (Paper 2169).
      Further questions were asked of Ministers.
    Paper tabled: The Member for Wanguri (Mr Bailey), by leave, laid on the Table the following Paper -
      Circular to Creditors, G. W. Nourse, Administrator of Deed of Company Arrangement, Deloitte Touche Tohmatsu, Jet Electrics Pty A.C.N.:009621381, dated 4 December 1995 (Paper 2171).

8. PERSONAL EXPLANATION:
    The Leader of the Opposition (Mr Ede), pursuant to Standing Order 57, made a personal explanation relating to comments made by the Chief Minister (Mr Stone) during Question Time earlier this day.
      Papers tabled: Mr Ede, by leave, laid on the Table the following Papers -
      Press Release by Opposition Leader, Ede demands 000 Service Remain in Darwin, dated 30 March 1992 (Paper 2172); and
      Letter, Coral Herbert for Staff of Casuarina Customer Service Centre to Mr Brian Ede, MLA, Leader of the Opposition, dated 1 May 1992 (Paper 2173).
9. RESPECT FOR HUMAN LIFE BILL 1996 (Serial 111) - LEAVE TO MOVE MOTION - LEAVE DENIED:
    The Member for Macdonnell (Mr Bell), sought leave to move - That the Respect for Human Life Bill 1996 (Serial 111), notice of which was given earlier this day, be called on forthwith.
      Objection being raised - leave denied.

10. RESPECT FOR HUMAN LIFE BILL 1996 (Serial 111) - MOTION TO SUSPEND STANDING ORDERS - MOTION NEGATIVED:
    Suspension of Standing Orders: The Member for Macdonnell (Mr Bell) moved - That so much of Standing Orders be suspended as would prevent him from moving:
      1. That the Respect for Human Life Bill 1996 (Serial 111) be called on forthwith; and

      2. That the Bill pass all stages at these sittings.
      Debate ensued.
      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, 16 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
Dr Lim Mr Stirling
Mr Manzie
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, 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 Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
      Motion negatived accordingly.

11. EXPLANATION OF SPEECH:
    The Member for Macdonnell (Mr Bell), pursuant to Standing Order 54, made an explanation of his speech made during the debate on the motion for the suspension of Standing Orders on the Respect for Human Life Bill 1996 (Serial 111).
____________________
      Suspension of sitting: The sitting was suspended between 12.03 p.m. and 2.00 p.m.
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12. RIGHTS OF THE TERMINALLY ILL AMENDMENT BILL 1995 (Serial 121):
    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)
      Clause 1 agreed to.
      The Member for Macdonnell (Mr Bell) moved the following amendment -
      Insert after clause 1 the following:
        1A. REPEAL AND EXPIRATION

        (1) The Rights of the Terminally Ill Act 1995 (Act No. 12 of 1995) is repealed.
        (2) This Act shall expire the day after it comes into operation..
    Point of order: The Leader of Government Business (Mr Coulter) claimed that the amendment moved by the Member for Macdonnell (Mr Bell) was out of order.
      Debate ensued.
    Chairmans ruling: The Chairman (Mr Setter) ruled that the amendment proposed by the Member for Macdonnell was not in accordance with Standing Order 189 and 143; and accordingly ruled the amendment was out of order as the proposed amendment was a direct negation of the object and subject matter of the Bill (Full text of the Ruling is contained in the Parliamentary Record page No.6424).
      Mr Bell moved - That the Committee do report progress and ask leave to sit again.
      Question - put.
      The Assembly divided (the Chairman, Mr R.A. Setter, 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 Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Poole
Mr Reed
Mr Setter
Mr Stone
      Motion negatived accordingly.
      Clause 2 agreed to.
      New Clause -
      The Member for Arnhem (Mr Ah Kit) moved the following amendment -
      Insert after Clause 2 the following:
        2A. EXPIRATION
        Unless by resolution of the Legislative Assembly passed before 1 July 1999 the life of this Act is extended (in which case its life is, according to the tenor of the resolution, extended indefinitely or until a date specified in the resolution, at which time it shall expire), this Act shall expire on 1 July 1999..
      Amendment negatived, after debate.
      Clause 3 agreed to.
      Clause 4 read.
      The Leader of the Opposition (Mr Ede) moved the following amendment -
      Omit paragraph (e) and insert in its stead the following:
        (e) by omitting from subsection (4) all words after who holds and substituting a level 3 accreditation from the National Accreditation Authority for Translators and Interpreters or, where the patient was not born in Australia, a prescribed qualification for interpreters in the first language of the patient...
      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 Chairman, Mr R.A. Setter, 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
Dr Lim 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 Chairman, Mr R.A. Setter, 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 Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Poole
Mr Reed
Mr Setter
Mr Stone
      Amendment negatived accordingly.
      Debate ensued.
      Mr Hatton, by leave, moved the following amendment -
    Insert in paragraph (e) the word professional, after the word prescribed, before the word qualification.
      Amendment agreed to.
      Debate continued.
      Clause 4, as amended, agreed to.
      Clause 5 agreed to.
      Clause 6 agreed to.
      Clause 7 agreed to.
      Title agreed to.
      Bill to be reported with an amendment.
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    The Deputy Speaker (Mr Adamson) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
    On the motion of the Attorney-General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.

13. TRUSTEE (CONSEQUENTIAL AMENDMENTS) BILL 1995 (Serial 127):
    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.
    On the motion of the Attorney-General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.

14. ADJOURNMENT:
    The Chief Minister (Mr Stone) moved - That the Assembly do now adjourn.
      Debate ensued.
      Paper tabled: Mr Stone laid on the Table the following Paper -
      Report by Maggie Frances Rutherford, 1995 Churchill Fellow (Paper 2204).
      Debate continued.
      The Assembly adjourned at 9.20 p.m. until tomorrow at 10.00 a.m.
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PAPERS:
    The following Papers were deemed to have been presented on Tuesday 20 February 1996:
    Annual Report:
    Prostitution Regulation Act, Third Report on the operation of the Act, 9 May 1994 to 8 May 1995 (Paper 2190)

    By-laws:
    Northern Territory University (Academic Board) By-laws (Paper 2175)
    Northern Territory University (Vocational Education and Training Board) By-laws (Paper 2176)
    Northern Territory University (University Library) By-laws (Paper 2177)
    Community Government Scheme:
    Alpurrurulam Community Government Scheme (Paper 2189)
    Regulations 1995:
    No. 39, Amendment of Gaming Control (Gaming Machines) Regulations (Paper 2178)
    No. 40, Gaming Machine Regulations (Paper 2179)
    No. 41, Amendments of Petroleum (Submerged Lands) Regulations (Paper 2180)
    Regulations 1996:
    No. 1, Associations Incorporation (Accountability) Regulations (Paper 2181)
    No. 2, Amendment of Local Government (Accounting) Regulations (Paper 2182)
    No. 3, Public Health (Cervical Cytology Register) Regulations (Paper 2183)
    No. 4, Amendments of Work Health (Occupational Health and Safety) Regulations (Paper 2184)
    No. 5, Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations (Paper 2185)
    No. 6, Amendment of Summary Offences Regulations (Paper 2186)
    No. 7, Private Security (Crowd Controllers) Regulations (Paper 2187)
    No. 8, Amendments of Alice Springs (Animal Control) By-laws (Paper 2188)
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    ATTENDANCE:
    All Members attended the sitting.
Last updated: 04 Aug 2016
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