Minutes of Proceedings - 1996-05-15
Seventh Assembly First Session 14/05/1996 Parliamentary Record No. 21
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Date : 15/05/1996__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. VISITORS:
4. NOTICES:
5. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED MISLEADING OF THE ASSEMBLY BY THE LEADER OF THE OPPOSITION:
6. QUESTIONS:
7. PERSONAL EXPLANATION:
8. PERSONAL EXPLANATION:
9. SUSPENSION OF STANDING ORDERS - MOVE A MOTION FORTHWITH - MOTION NEGATIVED:
AYES, 15 NOES, 7
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
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
10. COALITION GOVERNMENT’S RESPONSE TO THE NATIVE TITLE ACT1994 - MINISTERIAL STATEMENT:
11. NATIVE TITLE ACT1994- CONFIRMATION OF EXTINGUISHMENT OF NATIVE TITLE - MOTION AGREED TO:
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
12. SUSPENSION OF STANDING ORDERS - MOVE A MOTION FORTHWITH - MOTION NEGATIVED:
AYES, 15 NOES, 7
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
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
13.ORDER OF GENERAL BUSINESS
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
15.REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED CONTRAVENTION OF THE LEGISLATIVE ASSEMBLY (REGISTER OF MEMBERS’ INTERESTS) ACT 1982 BY THE FORMER MEMBER FOR CASUARINA - MOTION NEGATIVED:
AYES, 8 NOES, 14
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mrs Padgham-Purich Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
16.REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED CONTRAVENTION OF THE LEGISLATIVE ASSEMBLY (REGISTER OF MEMBERS’ INTERESTS) ACT1982 BY THE MEMBER FOR SANDERSON - MOTION NEGATIVED:
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
17. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED CONTRAVENTION OF SECTION 21(3) OF THE NORTHERN TERRITORY (SELF---- GOVERNMENT) ACT BY MEMBER FOR SANDERSON - SPEAKER’S DECISION NOT TO REFER MATTER:
18. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED CONTRAVENTION OF SECTION 21(3) OF THE NORTHERN TERRITORY (SELF - GOVERNMENT) ACT BY THE MEMBER FOR SANDERSON - MOTION NEGATIVED:
AYES, 7 NOES, 14
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
19. EXPLANATION OF SPEECH:
20. CARE OF THE DYING CONSULTATION BILL 1996 (Serial 155):
21. HONESTY AND INTEGRITY IN PARLIAMENT AND GOVERNMENT - MOTION AS AMENDED, AGREED TO:
AYES, 11 NOES, 7
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Mitchell Mr Rioli
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
AYES, 11 NOES, 7
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Mitchell Mr Rioli
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
563
22. ESTABLISHMENT OF AN ESTIMATES COMMITTEE - MOTION NEGATIVED:
23. POLICE ADMINISTRATION AMENDMENT BILL 1995 (Serial 120):
AYES, 6 NOES, 11
Mr Bailey Mr Adamson
Mr Ede Mr Baldwin
Mrs Hickey Mr Burke
Ms Martin Mr Finch
Mr Rioli Mr Manzie
Mr Stirling Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
24. EDUCATION AMENDMENT BILL 1996 (Serial 154):
25. GRAIN MARKETING ACT REPEAL BILL 1996 (Serial 152):
26. ADJOURNMENT:
__________________________________________________________________________________
Date : 15/05/1996
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. VISITORS:
- The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Year 7 students from Wanguri Primary School and their teacher Mr Malcolm Taylor.
- On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. NOTICES:
- The following notices were given:
- Mr Hatton: To present the Supreme Court Amendment Bill 1996 (Serial 151).
Mr Hatton: To present the Justices Amendment Bill 1996 (Serial 153).
5. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED MISLEADING OF THE ASSEMBLY BY THE LEADER OF THE OPPOSITION:
- The Chief Minister (Mr Stone), pursuant to Standing Order 83, raised as a matter of privilege the alleged misleading of the Assembly by the Leader of the Opposition (Mrs Hickey) during Question Time on Tuesday 14 May 1996 and requested that the Speaker refer the matter to the Committee of Privileges.
The Speaker advised that he would consider the matter and give a decision at the earliest opportunity.
6. QUESTIONS:
- Questions were asked of Ministers.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
- Staffing Update Survey, Australian Education Union, N T Branch (Paper 2374).
- Further questions were asked of Ministers.
- Supplementary answer: The Attorney-General (Mr Hatton) gave a supplementary answer to a question asked by the Member for Macdonnell (Mr Bell) during Question Time on Tuesday 14 May 1996.
7. PERSONAL EXPLANATION:
- The Deputy Leader of the Opposition (Mr Bailey), pursuant to Standing Order 57, made a personal explanation of statements made by the Member for Leanyer (Mr Finch) to the media regarding the educational qualifications and teaching experience of Mr Bailey.
Papers tabled: Mr Bailey, by leave, laid on the Table the following Papers -
- Letter, Hon Fred Finch, MLA, Minister for Public Employment to Mr John Bailey, MLA, Member for Wanguri dated 26 April 1996 (Paper 2376); and
Letter, John Bailey, MLA, Member for Wanguri to Hon Fred Finch, MLA, Minister for Public Employment, dated 2 May 1996 (Paper 2377).
8. PERSONAL EXPLANATION:
- The Minister for Health Services (Mr Finch), pursuant to Standing Order 57, made a personal explanation regarding comments made by the Deputy Leader of the Opposition (Mr Bailey) during Mr Bailey’s personal explanation earlier this day.
9. SUSPENSION OF STANDING ORDERS - MOVE A MOTION FORTHWITH - MOTION NEGATIVED:
- The Member for Macdonnell (Mr Bell) moved - That - so much of Standing Orders be suspended as would prevent him moving the following motion forthwith: That -
- 1. this Assembly expresses its lack of confidence in the Minister for Local Government for failure to take any steps to resolve the conflict of interest between -
- (a) his position as Attorney-General responsible for the expenditure of the Department of Law vote under various Appropriation Acts; and
- (b) his personal interest in that Department’s payments to Cridlands and counsel for the Minister’s private legal expenses; and
- 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, 15 NOES, 7
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
- 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, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
10. COALITION GOVERNMENT’S RESPONSE TO THE NATIVE TITLE ACT1994 - MINISTERIAL STATEMENT:
- The Chief Minister (Mr Stone) made a statement relating to the Coalition Government’s response to the Native Title Act 1994 (Paper 2375).
- Papers tabled: Mr Stone laid on the Table the following Papers -
- Keating makes Mabo history, The Australian, dated 20 October 1993 (Paper 2378);
Groups laud deal but miners nervous by Tim Stevens, The Australian, dated 20 October 1993 (Paper 2379);
Commonwealth Response to High Court Mabo Judgement - Statement by the Prime Minister, the Hon P. J. Keating, MP, dated 18 October 1993 (Paper 2380);
Letter, Ms Harriet Ketley, solicitor, Land and Heritage Unit, Aboriginal Legal Service of Western Australia (Inc) to Solicitor for the Northern Territory, dated 20 February 1996 (Paper 2381);
“Aborigines ‘sold out’ by Keating” by Keith Scott, The Canberra Times, dated 9 October 1993 (Paper 2382);
“PM has failed us on Mabo: Aborigines” by Laura Tingle, The Australian, dated 9 October 1993 (Paper 2383);
“PM faces Cabinet revolt on Mabo plan” by Lenore Taylor, The Australian, dated 16 October 1993 (Paper 2384);
“PM secures Aboriginal consent on Mabo Bill” by Keith Scott, The Canberra Times, dated 16 October 1993 (Paper 2385);
“PM faces showdown on Mabo”, by Lenore Taylor, The Australian, dated 18 October 1993 (Paper 2386);
“PM’s latest deal meets disapproval” by Tim Connors, The Canberra Times, dated 18 October 1993 (Paper 2387);
“PM yields to secure Mabo deal” by Keith Scott, The Canberra Times, dated 19 October 1993 (Paper 2388); and
“Cabinet rolls Keating on Mabo” by Lenore Taylor, The Australian, dated 19 October 1993 (Paper 2389).
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- Suspension of sitting: The sitting was suspended between 12.15 a.m. and 2.15 p.m.
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11. NATIVE TITLE ACT1994- CONFIRMATION OF EXTINGUISHMENT OF NATIVE TITLE - MOTION AGREED TO:
- Leave denied: The Chief Minister (Mr Stone) sought leave to move a motion relating to the Native Title Act 1994.
- Objection being raised - leave not granted.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
The Chief Minister (Mr Stone) thereupon moved - That this Assembly calls upon the Federal Government to amend the Native Title Act1994 to confirm the undertakings and assurance of the previous Commonwealth Administration that native title has been extinguished by the grant of a pastoral lease (issued prior to the commencement of the Racial Discrimination Act 1975) whether or not such leases have reservations in favour of Aborigines, as is the case in the Northern Territory.
____________________
- Distinguished visitor: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of the Honourable Tom Roper, former Treasurer and Leader of Government in the Legislative Assembly of Victoria.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.
____________________
- Debate ensued.
- Paper tabled: The Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Paper -
- Deed, Northern Territory of Australia and Zapopan NL (A. C. N. 009 628 924) and the Jawoyn Association Aboriginal Corporation, dated 28 January 1993 (Paper 2390).
- The Leader of the Opposition (Mrs Hickey) moved - Omit all words after “That” and insert in their stead -
- “This Assembly:
- 1. rejects any moves to extinguish the rights of Territorians without just compensation;
- 2. believes that fairness and certainty should underpin any resolution of the issue of residual Native Title Rights on pastoral leases; and
- 3. believes that enforceable regional agreements between Governments, pastoralists and Native Title Right Holders provide a means to achieve these ends, and therefore this Assembly instructs its Ministers to carry out the following:
- (a) seek any amendments to the Native Title Act of the Commonwealth Parliament necessary to streamline the procedures for determining issues relating to Native Title;
- (b) ensure that regional agreements as negotiated are binding on all parties and provide the needed certainty to allow investment decisions to proceed; and
- (c) move with dispatch to broker regional agreements which are fair and just for all parties giving due consideration to the rights of Native Title holders and holders of pastoral leases.
- Debate ensued.
- Paper tabled: The Minister for Lands, Planning and Environment (Mr Reed) laid on the Table the following Paper -
- Map, Alice Springs Native Title Claim Area (Paper 2391).
- Debate continued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
Question - That the motion be agreed to - put and passed.
12. SUSPENSION OF STANDING ORDERS - MOVE A MOTION FORTHWITH - MOTION NEGATIVED:
- The Member for Macdonnell (Mr Bell) moved - That so much of Standing Orders be suspended as would prevent him moving the following motion forthwith:
- (1) that this Assembly expresses its lack of confidence in the Minister for Local Government for failure to take any steps to resolve the conflict of interest between -
- (a) his position as Attorney-General responsible for the expenditure of the Department of Law vote under various Appropriation Acts; and
- (b) his personal interest in that Department’s payments to Cridlands and counsel for the Minister’s private legal expenses; and
- 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, 15 NOES, 7
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
- And so it was resolved in the affirmative.
Question - That the motion to suspend Standing Orders be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
13.ORDER OF GENERAL BUSINESS
- The Member for Nhulunbuy (Mr Stirling), by leave, moved - That General Business, Notices be considered in the following order:
- 1.Mrs Hickey: Notice of motion relating to Honesty and Integrity in Government and Parliament;
2. Mr Bell: Notice of motion relating to the Member for Sanderson;
3. Mr Bailey: Notice of motion relating to the former Member for Casuarina;
4. Mr Bailey: Notice of motion relating to the Establishment of an Estimates Committee;
5. Mr Bell: Notice for the presentation of the Respect for Human Life Bill 1996 (Serial 111); and
6. Mr Bell: Notice for the presentation of the Care of the Dying Consultation Bill 1996 (Serial 155).
- Debate ensued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
- The Member for Macdonnell (Mr Bell), pursuant to notice, presented a Bill for an Act to ensure respect for human life, in particular the lives of the terminally ill, and to enhance the peace of mind of the aged and dying by repealing the Rights of the Terminally Ill Act.
- Bill read a first time.
Mr Bell moved - That the Bill be now read a second time.
On the motion of the Leader of Government Business (Mr Coulter) debate was adjourned.
15.REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED CONTRAVENTION OF THE LEGISLATIVE ASSEMBLY (REGISTER OF MEMBERS’ INTERESTS) ACT 1982 BY THE FORMER MEMBER FOR CASUARINA - MOTION NEGATIVED:
- The Deputy Leader of the Opposition (Mr Bailey) moved - That because:
- (1) the wife of the former Member for Casuarina is a director and shareholder of the North Australian Film Corporation;
- (2) at the relevant time, the North Australian Film Corporation owned the unit at Suite 40, 1 Buffalo Court, Darwin, in which the former Member for Casuarina then resided;
- (3) the North Australian Film Corporation had a joint venture agreement with the Country Liberal Party Government through the Department of Education to produce and sell to an Indonesian television network a children’s television series;
- (4) the North Australian Film Corporation received a grant of $82,000.00 from the Country Liberal Party Government through the Department of Industries and Development for an ongoing skills development program for an Indonesian children’s television program;
- (5) the former Member for Casuarina had some tenancy agreement with the North Australian Film Corporation, pursuant to the residence referred to in paragraph (2) above and it is presumed that this was a financial benefit;
- (6) the wife of the former Member for Casuarina had a beneficial interest in the agreement referred to in paragraph (3) above and the grant referred to in paragraph (4) above.
- (7) the interest referred to in paragraph (5) above was a substantial interest of the Member and the interest referred to in paragraph (6) was a substantial interest of the Member’s family within the meaning of section 5(1)(e) of the Legislative Assembly (Register of Members’ Interests) Act 1982;
- (8) in none of the returns of the former Member for Casuarina, pursuant to his statutory duty mandated by section 4 of the Legislative Assembly (Register of Members’ Interests) Act 1982, were the interests referred to in paragraphs (5) and (6) disclosed;
- (9) the former Member for Casuarina, at the relevant time, had a public duty within the meaning of section 5(1)(e) of the Legislative Assembly (Register of Members’ Interests) Act 1982 as a Member of the Legislative Assembly to assess that public funds were expended appropriately; and
(10) there was a conflict of interest with the meaning of section 5 (1)(e) of the Legislative Assembly (Register of Members’ Interests) Act 1982 between the substantial interests received by the former Member for Casuarina and by his wife and referred to in paragraph (7) above and his public duty referred to in paragraph (9) above,
- this Assembly resolves that -
- (a) the former Member for Casuarina’s failure to declare the conflict of interest referred to in paragraph (8) above is a prima facie breach of section 10 of the Legislative Assembly (Register of Members’ Interests) Act 1982; and
- (b) this matter should be referred to the Committee of Privileges as a matter of urgency.
- Debate ensued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 14
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mrs Padgham-Purich Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
16.REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED CONTRAVENTION OF THE LEGISLATIVE ASSEMBLY (REGISTER OF MEMBERS’ INTERESTS) ACT1982 BY THE MEMBER FOR SANDERSON - MOTION NEGATIVED:
- The Member for Macdonnell (Mr Bell) moved - That, because:
- (1) the Member for Sanderson commenced action against Nationwide News Pty Limited, Don Kennedy and John Loizou by writ on 8 November 1990 in respect of publications in October 1990;
- (2) at some time during or after October 1990, the Member for Sanderson concluded an agreement for the provision of legal services with Cridlands and with counsel instructed by them (“the Manzie/Cridlands legal services agreement”);
- (3) the Member for Sanderson made a request to the Country Liberal Party Cabinet that his liability under the Manzie/Cridlands legal services agreement be paid out of public funds;
- (4) the Country Liberal Party Cabinet determined to pay the costs of the Member for Sanderson under the Manzie/Cridlands legal services agreement and concluded with Cridlands an agreement to pay those costs (“the costs agreement”);
- (5) under the costs agreement, the amount of $23 946.25 was paid by the Country Liberal Party Government to Cridlands and counsel instructed by them;
- (6) the amount referred to in paragraph (5) above represented a substantial interest within the meaning of section 5(1)(e) of the Legislative Assembly (Register of Members’ Interests) Act 1982 and a financial benefit within the meaning of section 5(1)(f)(i) of that Act;
- (7) Manzie vs Nationwide News Pty Limited et al. was settled on the basis of a confidential agreement between the parties (“the settlement agreement”);
- (8) it is presumed that, under the settlement agreement, the Member for Sanderson received a substantial interest within the meaning of section 5(1)(e) of the Legislative Assembly (Register of Members’ Interests) Act 1982 and a financial benefit within the meaning of section 5(1)(f)(i) of that Act;
- (9) the Member for Sanderson had a public duty within the meaning of section 5(1)(e) of the Legislative Assembly (Register of Members’ Interests) Act 1982as a Member of the Legislative Assembly to expend public funds efficiently;
- (10) there was a conflict of interest within the meaning of section 5(1)(e) of the Legislative Assembly (Register of Members’ Interests) Act 1982between the substantial interests received by the Member for Sanderson and referred to in paragraphs (6) and (8) above and his public duty referred to in paragraph (9) above; and
- (11) in none of the returns of the Member for Sanderson, pursuant to his statutory duty mandated by section 4 of the Legislative Assembly (Register of Members’ Interests) Act 1982, were the amounts referred to in paragraphs (5) and (8) above disclosed,
- this Assembly resolves - that
- (a) the Member for Sanderson’s failure to declare the conflict of interest referred to in paragraph (10) above is a prima facie breach of section 10 of the Legislative Assembly (Register of Members’ Interests) Act 1982;
- (b) the Member for Sanderson’s failure to disclose the financial benefits referred to in paragraphs (6) and (8) above is a further breach of section 10 of the Legislative Assembly (Register of Members’ Interests) Act 1982; and
- (c) this matter be referred to the Committee of Privileges as a matter of urgency.
- Debate ensued.
Papers tabled: The Attorney-General (Mr Hatton) laid on the Table the following Papers -
Memorandum, Graham Nicholson, Crown Counsel’s Chamber to David Anderson, Northern Territory Attorney-General’s Department, dated 7 May 1996 (Paper 2392); and
Memorandum, Graham Nicholson, Crown Counsel’s Chamber to David Anderson, Northern Territory Attorney-General’s Department, dated 9 May 1996 (Paper 2393).
- Debate continued.
Mr Bailey moved - That the debate be adjourned.
Question - put and negatived.
Debate continued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 7 NOES, 15
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
17. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED CONTRAVENTION OF SECTION 21(3) OF THE NORTHERN TERRITORY (SELF---- GOVERNMENT) ACT BY MEMBER FOR SANDERSON - SPEAKER’S DECISION NOT TO REFER MATTER:
- The Speaker advised Members that he had considered the matter raised by the Member for Macdonnell (Mr Bell) on 14 May 1996 and his request for referral of that matter to the Committee of Privileges. .
- The Speaker addressed the Assembly as follows:
- ‘Honourable Members will recall that, at yesterday’s sitting, the Member for Macdonnell raised, as a matter of privilege, pursuant to Standing Order 83, the alleged contravention of the provision of section 21(3) of the Northern Territory (Self-Government) Act by the Member for Sanderson.
- I undertook to consider the matter and advise the Assembly of my decision on the next day of sitting.
- Section 21(3) of that Act states as follows:
- “21(3) A Member of the Legislative Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory under which goods or services are to be supplied to the Territory shall not take part in a discussion of a matter, or vote on a question, in the Legislative Assembly where the matter or question relates directly or indirectly to that contract.”.
- Sub-section 21(4) provides that any question concerning the application of that sub-section shall be decided by the Legislative Assembly.
- I understand that this is the first such matter that has been raised since the commencement of the relevant sections of the Northern Territory (Self-Government) Act on 1 July 1978. While there is no identifiable precedent, I have accepted the proposition that an extreme case involving contravention of the provisions of section 21(3) could constitute a contempt of the Assembly and, accordingly, can be raised as a matter of privilege.
- However, as with all matters of privilege, the ultimate determination of the matter lies not with the Speaker or the Committee of Privileges, but with the House itself.
- I have considered the detail of the matter raised by the Member for Macdonnell and have sought and received legal advice on the matter of his concern.
- Taking account of that legal advice and the criterion which I have stated on a number of previous occasions which is based on the essential element of an offence, pursuant to section 5 of the Legislative Assembly (Powers and Privileges) Act. I advise the Assembly that I have decided not to refer the complaint to the Committee of Privileges.
- I point out that, pursuant to Standing Order 84, the Member for Macdonnell may now move forthwith to refer the matter of his complaint to the Committee of Privileges.
- Further, it is my understanding that, alternatively, he could raise the matter by way of substantive motion, pursuant to notice.’.
18. REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES - ALLEGED CONTRAVENTION OF SECTION 21(3) OF THE NORTHERN TERRITORY (SELF - GOVERNMENT) ACT BY THE MEMBER FOR SANDERSON - MOTION NEGATIVED:
- The Member for Macdonnell (Mr Bell), pursuant to Standing Order 84, moved - That the matter of the alleged contravention of section 21(3) of the Northern Territory (Self-Government) Act by the Member for Sanderson be referred to the Committee of Privileges.
- Debate ensued.
Paper tabled: The Attorney-General (Mr Hatton) laid on the Table the following Paper -
- Memorandum, Ms Meredith Harrison, Solicitor for the Northern Territory to the Attorney General, dated 14 May 1996 (Paper 2394).
Debate continued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 7 NOES, 14
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Ms Martin Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
19. EXPLANATION OF SPEECH:
- The Minister for Local Government (Mr Manzie), pursuant to Standing Order 54, made an explanation of his speech relating to comments made by the Member for Macdonnell (Mr Bell) during the previous debate.
20. CARE OF THE DYING CONSULTATION BILL 1996 (Serial 155):
- The Member for Macdonnell (Mr Bell), pursuant to notice, presented a Bill for an Act to establish a committee to examine health services available to persons suffering terminal illnesses and the law relating to persons suffering terminal illnesses.
- Bill read a first time.
Mr Bell moved - That the Bill be now read a second time.
On the motion of the Minister for Health Services (Mr Finch) debate was adjourned.
21. HONESTY AND INTEGRITY IN PARLIAMENT AND GOVERNMENT - MOTION AS AMENDED, AGREED TO:
- The Leader of the Opposition (Mrs Hickey) moved - That -
- The Northern Territory put in place administrative arrangements to improve honesty and integrity in our Parliament and Government and demonstrate a commitment to full accountability by the Northern Territory Parliament, Ministers and Members in our constitutional development towards Statehood.
- Debate ensued.
The Chief Minister (Mr Stone) moved the following amendment -
Omit all words after “That” and insert in their stead “This Assembly notes and endorses the arrangements in our Parliament and Government that demonstrate an existing commitment to full accountability by the Northern Territory Parliament, Ministers and Members in the constitutional development towards Statehood.”.
- Debate ensued.
And the Assembly having continued to sit until 12 midnight -
Thursday 16 May 1996 AM
Thursday 16 May 1996 AM
- Debate continued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 11 NOES, 7
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Mitchell Mr Rioli
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.
Question - That the motion, as amended, be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 11 NOES, 7
Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mr Burke Mr Ede
Mr Finch Mrs Hickey
Mr Manzie Ms Martin
Mr Mitchell Mr Rioli
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- And so it was resolved in the affirmative.MINUTES OF PROCEEDINGS - Wednesday 15 May 1996/Thursday 16 May 1996 A.M.
563
22. ESTABLISHMENT OF AN ESTIMATES COMMITTEE - MOTION NEGATIVED:
- The Deputy Leader of the Opposition (Mr Bailey) moved - That this Assembly:
- (1) establishes an appropriate Estimates Committee system in the Northern Territory to improve the accountability of public expenditure in the Northern Territory, similar to the open processes which are established in the Commonwealth, State and Territory Parliaments;
- (2) orders the Standing Orders Committee to inquire into and report on, as a matter of urgency, the most appropriate method of operation, taking due regard to practice in place in the Commonwealth and other State and Territory Parliaments; and
- (3) directs the Committee report to the Assembly on or before 13 August 1996.
- Debate ensued.
Paper tabled: The Treasurer (Mr Reed) laid on the Table the following Paper -
- Media Release, Treasurer, Hon Mike Reed, MLA dated 7 May 1996 (Paper 2395).
- Debate continued.
Question - put and negatived.
23. POLICE ADMINISTRATION AMENDMENT BILL 1995 (Serial 120):
- 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 - That the Bill be now read a second time - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 6 NOES, 11
Mr Bailey Mr Adamson
Mr Ede Mr Baldwin
Mrs Hickey Mr Burke
Ms Martin Mr Finch
Mr Rioli Mr Manzie
Mr Stirling Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
- Motion negatived accordingly.
24. EDUCATION AMENDMENT BILL 1996 (Serial 154):
- The Minister for Correctional Services (Mr Manzie), on behalf of and at the request of the Minister for Education and Training (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Education Act.
- Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
25. GRAIN MARKETING ACT REPEAL BILL 1996 (Serial 152):
- The Minister for Primary Industry and Fisheries (Mr Palmer), pursuant to notice, presented a Bill for an Act to repeal the Grain Marketing Act.
- Bill read a first time.
Mr Palmer moved - That the Bill be now read a second time.
On the motion of the Member for Stuart (Mr Ede) debate was adjourned.
26. ADJOURNMENT:
- The Chief Minister (Mr Stone) moved - That the Assembly do now adjourn.
- Debate ensued.
The Assembly adjourned at 2.00 a.m. until today at 10.00 a.m.
==========================
- ATTENDANCE:
All Members attended the sitting except Mr Ah Kit and Dr Lim, on leave.
Last updated: 04 Aug 2016