Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1994-08-30

Seventh Assembly First Session 30/08/1994 Parliamentary Record No. 3
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Date : 30/08/1994
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable T.R. McCarthy, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
The Speaker laid on the Table the following Message from His Honour the Administrator:

Message No. 4

Assent to Proposed Laws

I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly that,
pursuant to section 7 of the Northern Territory (Self-Government) Act 1978, of the Commonwealth, declare that I have given
my assent to the following proposed laws:

18 May 1994:
Education Amendment Act 1994
Lands Acquisition Amendment Act 1994
Mining Amendment Act (No. 2) 1994
Motor Vehicles Amendment Act (No. 2) 1994
Museums and Art Galleries Amendment Act 1994
National Crime Authority (Territory Provisions) Amendment Act 1994
Native Title (Consequential Amendments) Act 1994
Perpetuities Act 1994
Prisons (Correctional Services) Amendment Act (No. 2) 1994
Stock Diseases Amendment Act 1994
Summary Offences Amendment Act (No. 2) 1994
Summary Offences Amendment Act (No. 3) 1994
Trustee Amendment Act (No. 2) 1994
Veterinarians Act 1994

30 June 1994:
Appropriation Act 1994-95
Northern Territory Treasury Corporation Act 1994
Pay-roll Tax Amendment Act 1994
Stamp Duty Amendment Act 1994
State Bank of South Australia (Transfer of Undertaking) Act 1994
Taxation (Administration) Act 1994

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Dated 29th August 1994.
(Sgd) AUSTIN ASCHE
Administrator.
(Paper 60)

4. PETITION:
The Member for Sanderson (Mr Manzie), by leave, presented a petition, not conforming with Standing Orders, from 350 petitioners requesting the
Assembly to provide funding to seal certain roads which are bus routes for the Berry Springs School (Paper 102).
Petition read.

5. VISITORS:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of students from Darwin High School,
Years 9 and 11, and their teachers Lorraine Caldwell and Rod Opie.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

6. PRIVILEGE - ALLEGED MISLEADING OFTHE ASSEMBLY BY THE MEMBER FOR WANGURI - REQUEST FOR REFERRALTO COMMITTEE OF PRIVILEGES -
MATTER REFERRED - STATEMENT - SPEAKER'S DECISION:
The Speaker made the following statement in relation to his decision to refer the matter of privilege raised by the Attorney-General (Mr Finch) on Thursday 25 August 1994
to the Committee of Privileges:

Honourable Members, on Thursday 25 August 1994, the Attorney-General, the Honourable Fred Finch, MLA, pursuant to Standing Order 83,
raised as a matter of privilege "the alleged misleading of the House by the Member for Wanguri, Mr Bailey, in respect of a statement he made
relating to the Ombudsman and the Departments of Education and Law during the adjournment debate on Tuesday 23 August 1994".

I undertook to consider the matter and advise the House accordingly.

I advise the House that I have examined the sound and vision recording and I have also examined the verbatim and edited transcripts of the debate,
together with the papers tabled by Mr Bailey and the Attorney-General and other documents relating to this matter.
I have subsequently received a letter from Mr Bailey which I table for the information of Honourable Members.

Paper tabled: The Speaker laid on the Table the following Paper:

. Letter from Mr John Bailey, Member for Wanguri to Speaker of the Legislative Assembly, dated 29 August 1994 (Paper 103).

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It appears that there remains an apparent conflict between the content of Mr Bailey's speech and the content of the letter from the Ombudsman to the
Attorney-General tabled in the Assembly.
Accordingly, I advise the House that Ipropose to refer the complaint to the Committee of Privileges.

Dissent from Speaker's decision: The Leader of the Opposition (Mr Ede) moved -
That the decision of the Speaker to refer the matter to the Committee of Privileges be dissented from and, pursuant to Standing Order 82,
submitted his motion of dissent in writing. The Deputy Leader of the Opposition (Mrs Hickey) seconded the motion.
Debate ensued.
Paper tabled: The Member for Wanguri (Mr Bailey), by leave, laid on the Table the following Paper -

. Letter, Mr I. V. Knight, Ombudsman to Mr John Bailey, MLA, Member for Wanguri, dated 24 December 1993 (Paper 104).

The Leader of Government Business (Mr Stone) 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, 17 NOES, 7

Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy
Mr Finch Mr Rioli
Mr Hatton Mr Stirling
Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.
Question - That the motion of dissent from the Speaker's decision be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 7 NOES, 17

Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke

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Mr Lanhupuy Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone

Motion negatived accordingly.

7. ADDRESS - IN - REPLY - NOTIFICATION TO PRESENT TO ADMINISTRATOR:
The Speaker informed the Assembly that he intended to present the Address-in-Reply to His Honour the Administrator at 11.30 a.m. today,
and invited Honourable Members to accompany him to Government House at that time.

8. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Attorney-General (Mr Finch) laid on the Table the following Paper -

. Coroners Summary - Inquest into the death of Mark Halliday (Paper 100).

Supplementary answer: The Chief Minister (Mr Perron) gave a supplementary answer to a question asked by the Member for Nhulunbuy (Mr Stirling) during
Question Time last week.
Supplementary answer: The Minister for Correctional Services (Mr Poole) gave a supplementary answer to a question asked by the Member for Millner
(Mr Mitchell) during Question Time last week.
Supplementary answer - Paper tabled: The Attorney-General (Mr Finch) laid on the Table the following Paper -

. Letter, Hon F. A. Finch, MLA, Attorney-General to Mr I. V. Knight, Ombudsman, dated 24 August 1994 (Paper 101).
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Suspension of sitting: The sitting was suspended between 11.13 a.m. and 2.05 p.m.
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9. ADDRESS-IN-REPLY - PRESENTATION TO ADMINISTRATOR:
The Speaker informed the Assembly that, accompanied by Honourable Members, he had this day waited upon His Honour the Administrator and presented
to him the Address-in-Reply to the Speech His Honour delivered on the occasion of the Opening of the Seventh Assembly, which was agreed to on
Thursday 25 August 1994; and that His Honour had been pleased to make the following reply:

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Mr Speaker, thank you for your Address-in-Reply which you have presented to me.

It will afford me pleasure to convey to Her Most Gracious Majesty the Queen the message of loyalty of the Legislative Assembly of the Northern Territory of
Australia to which the Address gives expression.

10. PRIVILEGE - SPEAKER'S DECISION REFERRING MATTER OF PRIVILEGE CONCERNING MEMBER FOR WANGURI TO COMMITTEE OF PRIVILEGES -
REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGE:
The Leader of the Opposition (Mr Ede), pursuant to Standing Order 83, raised as a matter of privilege: "the Speaker's decision to refer to the Committee of Privileges
the matter of the alleged misleading of the Assembly by the Member for Wanguri (Mr Bailey)".
Mr Ede requested that the Speaker refer the matter to the Committee of Privileges.
The Speaker agreed to consider the matter and report his decision before or during the next day of sitting.

11. ALCOHOL AND YOUNG PEOPLE - PAPER TABLED - PAPER NOTED:
The Minister for Health and Community Services (Mr Reed) laid on the Table the following Paper -

. Alcohol and Young People in the Northern Territory by the Department of Health and Community Services (Paper 99).

Mr Reed made a statement relating thereto (Paper 98).
Mr Reed moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.

12. ARTS IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for the Arts (Mr Stone) made a statement relating to the recognition of the value and contribution of the arts in the social, cultural and economic
development of the Northern Territory (Paper 105).
Paper tabled: Mr Stone laid on the Table the following Paper -

. Graph, N T Government Arts Grants (Paper 106).

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

13. GAMING CONTROL AMENDMENT BILL 1994 (Serial 27):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Gaming Control Act.
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.

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14. RACING AND BETTING AMENDMENT BILL 1994 (Serial 28):
The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Racing and Betting Act.
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.

15. EDUCATION AMENDMENT BILL (No.2) 1994 (Serial 29):
The Minister for Education and Training (Mr Finch), pursuant to notice, presented a Bill for an Act to amend the Education Act.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

16. PASTORAL LAND AMENDMENT BILL 1994 (Serial 30):
The Minister for Lands, Housing and Local Government (Mr Hatton), by leave, presented a Bill for an Act to amend the Pastoral Land Act.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

17. SUSPENSION OF STANDING ORDERS - PASS BILL THROUGH ALL STAGES:
The Minister for Lands, Housing and Local Government (Mr Hatton) moved - That so much of Standing Orders be suspended as would prevent the
Pastoral Land Amendment Bill 1994 (Serial 30) passing all stages at these sittings.
Debate ensued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 15 NOES, 8

Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy
Mr Finch Mrs Padgham-Purich
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr Mitchell
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.

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18. PRIVILEGE - SPEAKER'S DECISION REFERRING ALLEGED MATTER OF PRIVILEGE CONCERNING MEMBER FOR WANGURI TO COMMITTEE OF PRIVILEGES -
MATTER REFERRED - STATEMENT SPEAKER'S DECISION:
The Speaker made the following statement in relation to the matter of privilege raised by the Leader of the Opposition (Mr Ede) this day:

Honourable Members, this afternoon the Leader of the Opposition, pursuant to Standing Order 83, raised as a matter of privilege
'the decision of the Speaker to refer the matter raised by the Attorney-General and relating to comments made by the
Member for Wanguri, Mr Bailey, to the Committee of Privileges'.

I advise the House that I propose to refer the complaint to the Committee of Privileges for inquiry and report.

I take this opportunity to state that, in referring both matters today to the Committee of Privileges for inquiry and report,
I have done no more than perform my duty as Speaker, pursuant to the Standing Orders of this House.

I point out to Honourable Members that it is not the Speaker of this Assembly who rules whether any breach of privilege has been committed,
or the Committee of Privileges which determines offences against the Assembly, pursuant to the Legislative Assembly (Powers and Privileges) Act.
It is the Assembly itself which determines these matters.

19. MATTER OF PUBLIC IMPORTANCE - PROVISION OF ADEQUATE HEALTH CARE SERVICES TO RURAL AND REMOTE TERRITORIANS:
The Speaker informed the Assembly that the Deputy Leader of the Opposition (Mrs Hickey) had proposed that the following definite
matter of public importance be submitted to the Assembly for discussion this day:

"The concern of Territorians at the failure by the Government to deliver adequate health care to rural and remote Territorians
and the detrimental affect this is having on the delivery of health programs to all Territorians."

The proposed discussion having received the necessary support -
The Speaker called on Mrs Hickey to address the Assembly.
Papers tabled: The Deputy Leader of the Opposition (Mrs Hickey), by leave, laid on the table the following Papers -

. Table 16, State Mortality Differentials based on standardised mortality ratio by cause, persons of all ages,
States and Territories of Australia, 1991 to 1992 (Paper 107);

. Table 17, Socio-economic Index (a), Percentage of Aboriginal Population (b), Observed Deaths (c), and
Standardised Mortality Ratios, Statistical Sub-divisions, States and Territories of Australia, 1991-1992 (Paper 108);

. Future Directions and Policy Issues for the Northern Territory Department of Health and Community Services,
presentation by Mr Graham Symons, Acting Secretary, June 1992 (Paper 109); and

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. Memorandum to Departmental Executive Group regarding Darwin Rural District 1994/95 Budget Allocations,
dated 23 June 1994 (Paper 110).

Discussion ensued.
Papers tabled: The Minister for Health and Community Services (Mr Reed) laid on the Table the following Papers -

. Graphs - All Causes; Diseases of the Circulatory System; Respiratory Diseases; and Infectious Diseases by Age
Standardised Mortality Rate - Aboriginal by District, Non-Aboriginal & Australia, 1985-91 (Paper 111); and

. Letter, Hon Mike Reed, MLA, Minister for Health and Community Services to Hon Carmen Lawrence, MP,
Minister for Human Services and Health, dated 11 April 1994 and Attachment A - Factors Affecting Health
Status and Attachment B - Health Strategies (Paper 112).

Discussion ensued.
Discussion concluded.

20. BUSINESS OF THE DAY CALLED ON:
The Leader of Government Business (Mr Stone) moved - That Business of the Day be now called on .
Question - put and passed.

21. ADJOURNMENT:
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the table the following Papers -

. Letter, Mr Paul Glynn, Centre Plumbing to Attention Mr Michael Kilgariff, dated 5 August 1994 (Paper 113);

. Letter, John Baskerville, Regional Director South,Department of Transport and Works to Director, Shorrlong Pty Ltd,
dated 8 August 1994 (Paper 114);

. Letter, Mr Paul Glynn, Centre Plumbing to Hon Shane Stone, MLA, Minister for Supply and Tender Board,
dated 8 August 1994 (Paper 115); and

. Letter, Mr Paul Glynn, Centre Plumbing to Hon Shane Stone, MLA, Minister for Supply and Tender Board,
dated 9 August 1994 (Paper 116).

Debate continued.
Papers tabled: The Member for MacDonnell (Mr Bell), by leave, laid on the Table the following Papers -

. Letter, Hon D. W. Manzie, MLA, Minister for Police, Fire and Emergency Services to Mr Neil Bell, MLA,
Member for Macdonnell, dated 25 August 1994 (Paper 117);

. Letter, Mr Neil Bell, MLA, Member for Macdonnell to Hon D. W. Manzie, MLA,
Minister for Police, Fire and Emergency, dated 26 August 1994 (Paper 118);

. Letter, Brian Ede, MLA, Leader of the Opposition to Mr Neil Bell , MLA, Member for Macdonnell,
dated 29 August 1994 (Paper 119); and

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. Letter, Neil Bell, MLA, Member for MacDonnell to Hon D. W. Manzie, MLA,
Minister for Police, Fire and Emergency Services, dated 29 August 1994 with
an attached letter to Mr G. Carter, President, NT Police Association (Paper 120).

Debate continued.
Papers tabled: The Leader of Government Business (Mr Stone) laid on the Table the following Paper -

. Memorandum, Minister for Industries and Development to Secretary, Department
of Industries and Development, dated 10 August 1994 (Paper 121); and

. Letter, Hon Shane Stone, Minister for Industries and Development to Mr Paul Glynn,
Director, Centre Plumbing, dated 12 August 1994 (Paper 122).

Question - put and passed.
The Assembly adjourned at 9.58 p.m. until tomorrow at 10.00 a.m.

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ATTENDANCE:
All Members attended the sitting.

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Last updated: 04 Aug 2016