Minutes of Proceedings - 1994-10-06
Seventh Assembly First Session 04/10/1994 Parliamentary Record No. 4
__________________________________________________________________________________
Date : 06/10/1994__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. NOTICES:
The following notices were given:
Mr Manzie: To present the Traffic Amendment Bill (No. 2) 1994 (Serial 35).
Mr Coulter: To present the Northern Territory Tourist Commission Amendment Bill (No. 2) 1994 (Serial 34).
4. QUESTIONS:
Questions were asked of Ministers.
_____________________
Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of students from the Certificate in Administrative
Studies unit at ITAFE at the Northern Territory University and the Course Coordinator, Mrs Shirlie Richardson; and the electorate officers of the Members of the
Legislative Assembly.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
_____________________
Further questions were asked of Ministers.
Supplementary answer: The Minister for Industries and Development (Mr Stone) gave a supplementary answer to a question asked by the Member for Casuarina
(Mr Adamson) this day.
5. AGED ACCOMMODATION SERVICES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Health and Community Services (Mr Reed) made a statement relating to services provided for older Territorians. (Paper 178).
Mr Reed moved - That the Assembly take note of the Statement.
Debate ensued.
_____________________
Suspension of sitting: The sitting was suspended between 12.06 p.m. and 2.15 p.m.
____________________
Debate resumed.
Question - put and passed.
Page 97
6. DOMESTIC VIOLENCE AMENDMENT BILL 1994 (Serial 12):
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)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Attorney-General (Mr Finch) the following amendment was agreed to -
Omit paragraph (a).
The Leader of the Opposition (Mr Ede) moved the following amendment -
Omit proposed subsection (2) (e) and insert in its stead the following:
"(e) has or has had a relationship with the other person.".
Debate ensued.
Amendment negatived.
Clause 4, as amended, agreed to.
Clause 5 read.
On the motion of Mr Finch the following amendments, by leave, were taken together and agreed to -
Insert before paragraph (a) the following:
"(aa) by omitting from subsection (1) 'the Court is satisfied' and substituting 'the Court or the Clerk is satisfied';";
Omit paragraph (e) and insert in its stead the following:
"(e) by omitting from subsection (1) all words after paragraph (c) (iii) and substituting 'the Court or, subject to
subsection (3) and any rule or practice direction under section 20AB, the Clerk, may make an order in accordance
with subsection (1A).';"; and
Omit from paragraph (f) "the Court" (twice occurring) and insert in its stead "the Court or the Clerk".
Mr Ede moved the following amendment -
Insert after proposed subsection (1A) (a) the following:
Page 98
"(aa) an order for the counselling of the defendant, which in the opinion of the Court is necessary in the
circumstances of the particular case;
and/or".
Debate ensued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Chairman, Mr R.A. Setter, in the Chair) -
AYES, 7 NOES, 17
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mr Burke
Mrs Hickey Mr Coulter
Mr Lanhupuy Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Amendment negatived accordingly.
On the motion of Mr Finch the following further amendment was agreed to -
Insert at the end the following:
"(h) by omitting subsection (3) and substituting the following:
`(3) An order under subsection (1) -
(a) may be made by the Court in the absence of the defendant, whether or not the
defendant was summoned to appear at the hearing of the application; and
(b) may be made by the Clerk only where the defendant was not summoned to
appear at, and has not appeared at, the hearing of the application (and for
that purpose the Clerk has the necessary jurisdiction).
`(3A) If -
(a) the Clerk is not satisfied that an order referred to in subsection (1) should
be made; or
Page 99
(b) the defendant, not having been summoned, appears at the hearing and does
not consent to an order under section 5,
the Clerk shall refer the application to the Court for decision.
`(3B) Where the Clerk refers an application to the Court under subsection (3A), the
Court may -
(a) make the order sought;
(b) direct that a further affidavit be filed; or
(c) give directions as to the application.
`(3C) Where under subsection (3B) the Court directs that a further affidavit be filed,
the Clerk may, on the filing of the affidavit, make the order sought.'; and
"(j) by inserting in subsection (8) -
(i) after 'the Court' the words 'or the Clerk'; and
(ii) after 'it' the words 'or he or she'.".
Clause 5, as amended, agreed to.
Clause 6 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Section 5 of the Principal Act is amended by inserting" and insert in its stead the following:
"Section 5 of the Principal Act is amended -
(a) by omitting from subsection (1) '(b) and (c)' and substituting '(b) and (c) and (3)'; and
(b) by inserting".
Clause 6, as amended, agreed to.
Clause 7 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Section 6 of the Principal Act is amended by inserting" and insert in its stead the following:
"Section 6 of the Principal Act is amended -
(a) by omitting from subsection (3) 'the Court' (first occurring) and substituting
'the Court or the Clerk'; and
(b) by inserting".
Page 100
Clause 7, as amended, agreed to.
Clause 8 agreed to.
Clause 9 negatived.
On the motion of Mr Finch the following new clause was inserted in the Bill -
"9. BREACH OF ORDER
"Section 10 (2) of the Principal Act is amended -
(a) by inserting before paragraph (a) the following:
`(aa) the defendant was before the Court
at the time the order, or the variation
of the order, was made and the Court
has explained to the defendant the
purpose and effect of the order and the
consequences that may follow if the
defendant fails to comply with it;';
and
(b) by omitting paragraph (c) and substituting the following:
(c) it is properly addressed and posted by AR Security Post
to the defendant at the defendant's last known or most
usual postal address or place of abode and the defendant
has acknowledged receipt of the mail containing the order
in accordance with postal procedures;'.".
Clause 10 read.
On the motion of Mr Finch the following amendment wasagreed to -
Omit from proposed section 20AB all words after "this Act" and insert in their
stead "including, but not limited to, directions relating to the exercise by the
Clerk of his or her jurisdiction under the Act.".
Clause 10, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
_____________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
7. GAMING CONTROL AMENDMENT BILL 1994 (Serial 27):
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
Page 101
8. ORDER OF BUSINESS:
The Treasurer (Mr Coulter) moved - That intervening business be postponed until after consideration of Government Business Order of
the Day No 4 relating to the Education Amendment Bill 1994 (Serial 29).
Question - put and passed.
9. EDUCATION AMENDMENT BILL (No. 2) 1994 (Serial 29):
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 Minister for Education (Mr Finch) the Bill was read a third time and passed to be a proposed law.
10. NEW PARLIAMENT HOUSE - MOTION OF APPRECIATION:
The order of the day having been read for the resumption of the debate on the following motion -
'Mr Speaker, on this historic inaugural sitting in the Northern Territory's new Parliament House
I move that the following resolutions be agreed to:
1. That this Assembly extends a warm welcome to those Presiding Officers and representatives
of other Parliaments who are present today;
2. That this Assembly expresses its appreciation to the Parliaments, organisations and
individuals who have graciously presented gifts for use and display in the new Parliament
House. The list of these gifts is extensive. Recognising the addition of this building to the
family of Parliaments, the Presiding Officers of the Senate and the House of Representatives
jointly gifted the Chair of the Speaker; the State Parliaments donated a lectern and the many
individual gifts include a Commemorative Medal marking the first sitting of the Commonwealth
Parliament in 1901. It was donated by long time Territorian, Miss Ellen Kettle.
3. Noting that this building now stands as a permanent display of the craft and construction
skills of Territory workers and construction companies, this Assembly extends its sincere
appreciation to all who were involved in its planning and construction, including the
architects, engineers and designers; the project manager, contracting companies and their
employees; artists and craftsmen; those who advised on all aspects of interior design,
furnishing and decoration; members of the former New Parliament House Site Committee,
past and present members of the Sessional Committee on the New Parliament House,
officers of the Department of Transport and Works and parliamentary and other staff for their
endeavours in providing this most magnificent building for the people of the Northern Territory.
4. That this Assembly acknowledges the debt of gratitude owed by Territorians to former members
of this Assembly and the former Legislative Council and to Territory members of the Commonwealth
Parliament who contributed to the constitutional development of the Northern Territory, the creation of
our first
Page 102
fully elected legislature in 1974, and the grant of the interim charter towards statehood with the
commencement of self-government in 1978'.
Debate ensued.
On the motion of the Leader of Government Business (Mr Stone) debate was adjourned.
11. ADJOURNMENT
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 8.21 p.m. until Tuesday 11 October 1994 at 10.00 a.m.
_________________________
PAPER:
The following Paper was deemed to have been presented on Thursday 6 October 1994:
Lands Acquisition Act:
Statement of Reasons for Acquisition - East Arm pursuant to section 44(3), dated
6 October 1994 (Paper 177).
_________________________
ATTENDANCE:
All Members attended the sitting except Mrs Braham, on leave.
IAN McNEILL
Clerk of the Legislative Assembly
Page 103
__________________________________________________________________________________
Date : 06/10/1994
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. NOTICES:
The following notices were given:
Mr Manzie: To present the Traffic Amendment Bill (No. 2) 1994 (Serial 35).
Mr Coulter: To present the Northern Territory Tourist Commission Amendment Bill (No. 2) 1994 (Serial 34).
4. QUESTIONS:
Questions were asked of Ministers.
_____________________
Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of students from the Certificate in Administrative
Studies unit at ITAFE at the Northern Territory University and the Course Coordinator, Mrs Shirlie Richardson; and the electorate officers of the Members of the
Legislative Assembly.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
_____________________
Further questions were asked of Ministers.
Supplementary answer: The Minister for Industries and Development (Mr Stone) gave a supplementary answer to a question asked by the Member for Casuarina
(Mr Adamson) this day.
5. AGED ACCOMMODATION SERVICES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Health and Community Services (Mr Reed) made a statement relating to services provided for older Territorians. (Paper 178).
Mr Reed moved - That the Assembly take note of the Statement.
Debate ensued.
_____________________
Suspension of sitting: The sitting was suspended between 12.06 p.m. and 2.15 p.m.
____________________
Debate resumed.
Question - put and passed.
Page 97
6. DOMESTIC VIOLENCE AMENDMENT BILL 1994 (Serial 12):
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)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Attorney-General (Mr Finch) the following amendment was agreed to -
Omit paragraph (a).
The Leader of the Opposition (Mr Ede) moved the following amendment -
Omit proposed subsection (2) (e) and insert in its stead the following:
"(e) has or has had a relationship with the other person.".
Debate ensued.
Amendment negatived.
Clause 4, as amended, agreed to.
Clause 5 read.
On the motion of Mr Finch the following amendments, by leave, were taken together and agreed to -
Insert before paragraph (a) the following:
"(aa) by omitting from subsection (1) 'the Court is satisfied' and substituting 'the Court or the Clerk is satisfied';";
Omit paragraph (e) and insert in its stead the following:
"(e) by omitting from subsection (1) all words after paragraph (c) (iii) and substituting 'the Court or, subject to
subsection (3) and any rule or practice direction under section 20AB, the Clerk, may make an order in accordance
with subsection (1A).';"; and
Omit from paragraph (f) "the Court" (twice occurring) and insert in its stead "the Court or the Clerk".
Mr Ede moved the following amendment -
Insert after proposed subsection (1A) (a) the following:
Page 98
"(aa) an order for the counselling of the defendant, which in the opinion of the Court is necessary in the
circumstances of the particular case;
and/or".
Debate ensued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Chairman, Mr R.A. Setter, in the Chair) -
AYES, 7 NOES, 17
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mr Burke
Mrs Hickey Mr Coulter
Mr Lanhupuy Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Amendment negatived accordingly.
On the motion of Mr Finch the following further amendment was agreed to -
Insert at the end the following:
"(h) by omitting subsection (3) and substituting the following:
`(3) An order under subsection (1) -
(a) may be made by the Court in the absence of the defendant, whether or not the
defendant was summoned to appear at the hearing of the application; and
(b) may be made by the Clerk only where the defendant was not summoned to
appear at, and has not appeared at, the hearing of the application (and for
that purpose the Clerk has the necessary jurisdiction).
`(3A) If -
(a) the Clerk is not satisfied that an order referred to in subsection (1) should
be made; or
Page 99
(b) the defendant, not having been summoned, appears at the hearing and does
not consent to an order under section 5,
the Clerk shall refer the application to the Court for decision.
`(3B) Where the Clerk refers an application to the Court under subsection (3A), the
Court may -
(a) make the order sought;
(b) direct that a further affidavit be filed; or
(c) give directions as to the application.
`(3C) Where under subsection (3B) the Court directs that a further affidavit be filed,
the Clerk may, on the filing of the affidavit, make the order sought.'; and
"(j) by inserting in subsection (8) -
(i) after 'the Court' the words 'or the Clerk'; and
(ii) after 'it' the words 'or he or she'.".
Clause 5, as amended, agreed to.
Clause 6 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Section 5 of the Principal Act is amended by inserting" and insert in its stead the following:
"Section 5 of the Principal Act is amended -
(a) by omitting from subsection (1) '(b) and (c)' and substituting '(b) and (c) and (3)'; and
(b) by inserting".
Clause 6, as amended, agreed to.
Clause 7 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Section 6 of the Principal Act is amended by inserting" and insert in its stead the following:
"Section 6 of the Principal Act is amended -
(a) by omitting from subsection (3) 'the Court' (first occurring) and substituting
'the Court or the Clerk'; and
(b) by inserting".
Page 100
Clause 7, as amended, agreed to.
Clause 8 agreed to.
Clause 9 negatived.
On the motion of Mr Finch the following new clause was inserted in the Bill -
"9. BREACH OF ORDER
"Section 10 (2) of the Principal Act is amended -
(a) by inserting before paragraph (a) the following:
`(aa) the defendant was before the Court
at the time the order, or the variation
of the order, was made and the Court
has explained to the defendant the
purpose and effect of the order and the
consequences that may follow if the
defendant fails to comply with it;';
and
(b) by omitting paragraph (c) and substituting the following:
(c) it is properly addressed and posted by AR Security Post
to the defendant at the defendant's last known or most
usual postal address or place of abode and the defendant
has acknowledged receipt of the mail containing the order
in accordance with postal procedures;'.".
Clause 10 read.
On the motion of Mr Finch the following amendment wasagreed to -
Omit from proposed section 20AB all words after "this Act" and insert in their
stead "including, but not limited to, directions relating to the exercise by the
Clerk of his or her jurisdiction under the Act.".
Clause 10, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
_____________________
The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Finch) the Bill was read a third time and passed to be a proposed law.
7. GAMING CONTROL AMENDMENT BILL 1994 (Serial 27):
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
Page 101
8. ORDER OF BUSINESS:
The Treasurer (Mr Coulter) moved - That intervening business be postponed until after consideration of Government Business Order of
the Day No 4 relating to the Education Amendment Bill 1994 (Serial 29).
Question - put and passed.
9. EDUCATION AMENDMENT BILL (No. 2) 1994 (Serial 29):
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 Minister for Education (Mr Finch) the Bill was read a third time and passed to be a proposed law.
10. NEW PARLIAMENT HOUSE - MOTION OF APPRECIATION:
The order of the day having been read for the resumption of the debate on the following motion -
'Mr Speaker, on this historic inaugural sitting in the Northern Territory's new Parliament House
I move that the following resolutions be agreed to:
1. That this Assembly extends a warm welcome to those Presiding Officers and representatives
of other Parliaments who are present today;
2. That this Assembly expresses its appreciation to the Parliaments, organisations and
individuals who have graciously presented gifts for use and display in the new Parliament
House. The list of these gifts is extensive. Recognising the addition of this building to the
family of Parliaments, the Presiding Officers of the Senate and the House of Representatives
jointly gifted the Chair of the Speaker; the State Parliaments donated a lectern and the many
individual gifts include a Commemorative Medal marking the first sitting of the Commonwealth
Parliament in 1901. It was donated by long time Territorian, Miss Ellen Kettle.
3. Noting that this building now stands as a permanent display of the craft and construction
skills of Territory workers and construction companies, this Assembly extends its sincere
appreciation to all who were involved in its planning and construction, including the
architects, engineers and designers; the project manager, contracting companies and their
employees; artists and craftsmen; those who advised on all aspects of interior design,
furnishing and decoration; members of the former New Parliament House Site Committee,
past and present members of the Sessional Committee on the New Parliament House,
officers of the Department of Transport and Works and parliamentary and other staff for their
endeavours in providing this most magnificent building for the people of the Northern Territory.
4. That this Assembly acknowledges the debt of gratitude owed by Territorians to former members
of this Assembly and the former Legislative Council and to Territory members of the Commonwealth
Parliament who contributed to the constitutional development of the Northern Territory, the creation of
our first
Page 102
fully elected legislature in 1974, and the grant of the interim charter towards statehood with the
commencement of self-government in 1978'.
Debate ensued.
On the motion of the Leader of Government Business (Mr Stone) debate was adjourned.
11. ADJOURNMENT
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 8.21 p.m. until Tuesday 11 October 1994 at 10.00 a.m.
_________________________
PAPER:
The following Paper was deemed to have been presented on Thursday 6 October 1994:
Lands Acquisition Act:
Statement of Reasons for Acquisition - East Arm pursuant to section 44(3), dated
6 October 1994 (Paper 177).
_________________________
ATTENDANCE:
All Members attended the sitting except Mrs Braham, on leave.
IAN McNEILL
Clerk of the Legislative Assembly
Page 103
Last updated: 04 Aug 2016