Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1995-02-22

Seventh Assembly First Session 21/02/1995 Parliamentary Record No. 8
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Date : 22/02/1995
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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. VISITORS:
    The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of students from Year 6/7 from Wulagi Primary School and their teacher Pat Munn; and Legal Studies students from Nightcliff High School and their teacher Ray Goodall.
      On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
4. PETITIONS:
    The Member for Brennan (Mr Burke) presented a petition from 27 petitioners requesting the Assembly refer the proposed Bill, entitled Rights of the Terminally Ill, to a Select Committee in order that the Committee may consult with members of the Northern Territory community and report back to the Assembly (Paper 418).
    The Member for Katherine (Mr Reed) presented a petition from 162 petitioners requesting the Assembly provide funding in the Katherine Region for professional legal advice and assistance for women who are victims of domestic violence (Paper 416).
      Petition read.
    The Member for Victoria River (Mr Baldwin) presented a petition from 214 petitioners requesting the Assembly refer the proposed Bill, entitled Rights of the Terminally Ill, to a Select Committee in order that the Committee may consult with members of the Northern Territory community and report back to the Assembly (Paper 420).
    The Member for Jingili (Mr Setter) presented a petition from 32 petitioners requesting the Assembly refer the proposed Bill, entitled Rights of the Terminally Ill, to a Select Committee in order that the Committee may consult with members of the Northern Territory community and report back to the Assembly (Paper 419).
    The Member for Greatorex (Dr Lim) presented a petition from 209 petitioners requesting the Assembly refer the proposed Bill, entitled Rights of the Terminally Ill, to a Select Committee in order that the Committee may consult with members of the Northern Territory community and report back to the Assembly (Paper 421).
      The Member for Port Darwin (Mr Stone) presented a petition from 107 petitioners requesting the Assembly refer the proposed Bill, entitled Rights of the Terminally Ill, to a Select Committee in order that the Committee may consult with members of the Northern Territory community and report back to the Assembly (Paper 417).
      5. QUESTIONS:
        Questions were asked of Ministers.
        Paper tabled: The Minister for Conservation (Mr Coulter) laid on the Table the following Paper -
          • Paper - Briefing Notes CCNT, “Waste Oil Spill Hannons Waste Disposals”,13 February 1995 (Paper 410).

        Further questions were asked of Ministers.
        Supplementary answer: The Minister for Conservation (Mr Coulter) gave supplementary information to a question asked by The Member for Nelson (Mrs Padgham-Purich) this day.

      6. PUBLIC ACCOUNTS COMMITTEE - PROPOSED REFERENCE, INQUIRY INTO CONSTRUCTION OF STATE SQUARE - MOTION NEGATIVED:
        The Leader of the Opposition (Mr Ede) moved - That - pursuant to paragraph 2(d)(i) of Standing Order 21A, this Assembly refers to the Public Accounts Committee for inquiry and report the following matters relating to the costs involved with the planning, design and construction of State Square:
          (a) the initial design and contractual arrangements for the construction of State Square;

          (b) amendments to the design throughout the period of the project;

          (c) the escalation of costs associated with the project;

          (d) the cost and effect of the decision to employ local contractors and to buy local materials;

          (e) the standard of project control and documentation throughout the construction of State Square; and

          (f) any other matters ancillary to the above which would determine whether all or part of the cost over-runs could have been averted.

          Papers tabled: Mr Ede, by leave, laid on the Table the following Papers -
          • Letter, M. F. Davis, Tipperary Developments Pty Ltd to Secretary, Department of Transport and Works, dated 28 October 1988 (Paper 423);
          • Letter, Hon Fred Finch, MLA, Minister for Transport and Works to Mr W. Anderson, Tipperary Developments Pty Ltd, dated 28 October 1988 (Paper 424);
          • Table, Cost Breakdown - Parliament House and Supreme Court (Paper 425);
          • Page 5, Proposed Conceptual Plans for a New Parliament House in State Square (Paper 426);
          • Explanatory Notes (Paper 427);
          • Page 2, Prolongation Claims and Extensions of Time (Paper 428); and
          • Letter, T. Maddox, Tipperary Development Pty Ltd to The Principal, Department of Transport and Works, dated 22 March 1994 (Paper 429).
          Debate continued.
      ____________________
          Suspension of sitting: The sitting was suspended between 12.12 p.m. and 2.15 p.m.
      .
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          Debate ensued.
          Mr Finch 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
      Dr Lim Mr Stirling
      Mr Manzie
      Mr McCarthy
      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 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
      Mr Lanhupuy Mr Coulter
      Mr Rioli Mr Finch
      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
          Motion negatived accordingly.

      7. COMMITTEE OF PRIVILEGES - PROGRESS REPORT ON MATTERS REFERRED ON 30 AUGUST 1994 - MOTION AGREED TO:
        The Member for Wanguri (Mr Bailey) moved - That this Assembly requests the Chairman of the Committee of Privileges to present a progress report on its inquiry into the two matters referred to it by Mr Speaker on 30 August 1994.
          The Leader of Government Business (Mr Stone) moved - That the question be now put.
          Question - That the question be now put - put and passed.
          Question - That the motion be agreed to - put and passed.
      8. RIGHTS OF THE TERMINALLY ILL BILL 1995 (Serial 67):
        The Member for Fannie Bay (Mr Perron), pursuant to notice, presented a Bill for an Act to confirm the right of a terminally ill person to request assistance from a medically qualified person to voluntarily terminate his or her life in a humane manner; to allow for such assistance to be given in certain circumstances without legal impediment to the person rendering the assistance; to provide procedural protection against the possibility of abuse of the rights recognised by this Act; and for related purposes.
          Bill read a first time.
          Mr Perron moved - That the Bill be now read a second time.
          On the motion of the Member for Stuart (Mr Ede) debate was adjourned.

      9. FURTHER PETITION:
        The Member for Karama (Mr Palmer), by leave, presented a petition from 54 citizens of the Northern Territory requesting the Assembly refer the proposed Bill, entitled Rights of the Terminally Ill, to a Select Committee in order that the Committee may consult with members of the Northern Territory community and report back to the Assembly (Paper 430)

      10. APPOINTMENT OF A SELECT COMMITTEE ON EUTHANASIA - MOTION AGREED TO:
        The Member for Port Darwin (Mr Stone), by leave, amended his notice of motion by substituting Mr Rioli in the place of Mr Lanhupuy.
        Mr Stone moved - That -
          (1) a Committee to be known as the Select Committee on Euthanasia be appointed to take evidence and submissions on the Rights of the Terminally Ill Bill 1995;

          (2) unless otherwise ordered, membership will comprise Mrs Braham, Dr Lim, Mr Poole, Mr Rioli and Mr Stirling;

          (3) the Committee be empowered to send for and examine persons, papers and records, to sit in public or in private session notwithstanding any adjournment of the Assembly and to adjourn from place to place;

          (4) the Committee shall report to the Assembly by 16 May 1995;

          (5) the quorum of the Committee be three Members;

          (6) the Committee be empowered to publish from day to day such papers and evidence as may be ordered by it and, unless otherwise ordered by the Committee, a daily Hansard be published of such proceedings as take place in public;

          (7) the Committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the Committee with the approval of the Speaker; and

          (8) the foregoing provisions of this Resolution, so far as they are inconsistent with Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

          Debate ensued.
          Question - put and passed.

      11. INDEPENDENT POLL TO SURVEY COMMUNITY ATTITUDES TOWARDS ASPECTS OF THE PROPOSED RIGHTS OF THE TERMINALLY ILL BILL - MOTION NEGATIVED:
      The Member for Leanyer (Mr Finch) moved - That -
          (1) this Assembly requests the Government engage an independent opinion pollster to survey community attitudes towards aspects of the Rights of the Terminally Ill Bill 1995 as proposed by the Honourable Member for Fannie Bay;

          (2) the poll should be of adequate sample size to give high order of accuracy and standard methods of telephone polling should be adopted with specific questions and methodology adopted by the polling organisation to indicate the following:
            (a) considering the details of the proposed Bill, an indication of the proportion of those persons in favour, against and undecided;
            (b) for those against the Bill, an indication of the basic category of objection; and
            (c) for those against or in doubt, an indication of what requirements or safeguards might change their opinion; and

          (3) the size of the poll and specific terms of the poll should be determined by the Select Committee on Euthanasia and the outcome of the poll should be directed back through that Committee and the poll should be completed in time for the outcome to be advised to Members of the Legislative Assembly by the May sittings.

          Debate ensued.
        Explanation of Speech: The Member for Macdonnell (Mr Bell), pursuant to Standing Order 54, made an explanation of his speech given earlier in debate.
          Question put.
          The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

          AYES, 6 NOES, 14

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

          Motion negatived accordingly.
      12. NOTICES:
        The following notices were given, by leave:
          Mr Poole: To present the Juvenile Justice Amendment Bill 1995 (Serial 68).
          Mr Manzie: To present the Road Transport Charges (Northern Territory) Bill 1995
                (Serial 69).
          Mr Manzie: To present the Road Transport Reform (Vehicles and Traffic)
                (Northern Territory) Bill 1995 (Serial 70).
          Mr Manzie: To present the Motor Vehicles Amendment Bill 1995 (Serial 71).

      13. REGISTRATION AND TRAINING OF SECURITY STAFF IN THE HOSPITALITY INDUSTRY - MOTION, AS AMENDED, AGREED TO:
        The Leader of the Opposition (Mr Ede) moved - That this Assembly:
          (1) notes previous calls from the Opposition for a registration and training system to apply to security staff of hotels and nightclubs;

          (2) notes the Northern Territory Hotels and Hospitality Association’s support for such legislation as expressed by the Executive Officer to the Association, Mr Doug Sallis, in the Northern Territory News of 17 February 1995; and

          (3) calls on the Minister responsible for the Liquor Commission to examine the Queensland Government’s legislation relating to the licensing and training of hotel and nightclub security staff and report to the Assembly at the earliest possible date on this legislation with a view to introducing similar legislation.

          Debate ensued.
          Paper tabled: Mr Ede, by leave, laid on the Table the following Paper -
          Security Providers Act 1993, Act No. 83 of 1993, Queensland (Paper 431).

          Debate continued.
        The Minister for Sport and Recreation (Mr Poole) moved the following amendment to the motion-

          In paragraph 3 Omit all words after “this legislation”.
          Debate continued.
          Question - That the amendment be agreed to - put and passed.
          Question - That the motion, as amended, be agreed to - put and passed.

      14. CREATION OF MULTI-MEMBER WARDS IN THE MUNICIPALITY OF ALICE SPRINGS - MOTION, AS AMENDED, AGREED TO:
        The Member for Macdonnell (Mr Bell) moved - That this Assembly calls on the Minister responsible for Local Government to exercise his power in respect of the boundaries and Wards of municipalities under section 30(1)(d) of the Local Government Act and create a number of multi-member Wards in the Alice Springs Municipal Council area.
          Debate ensued.
        The Member for Braitling (Mrs Braham) moved the following amendment to the motion moved by the Member for Macdonnell -

          Omit all words after “That” and insert in their stead -

          “this Assembly congratulates the Minister for Lands, Housing and Local Government on his lobbying for a change to the local government system in Alice Springs and supports even-handed debate on the issue of a wards system, with full and frank input from the Town Council and residents.”.

          Debate continued.
          Question - That the amendment be agreed to - put and passed.
          Question - That the motion, as amended, be agreed to - put and passed.
      15. REFERENCE TO STANDING ORDERS COMMITTEE - PROCEDURES FOR PRESENTATION AND INTRODUCTION OF LEGISLATION - MOTION AGREED TO:
        The Member for Macdonnell (Mr Bell) moved - That this Assembly:
          (1) noting that this Assembly is a uni-cameral Parliament and that there is an obligation that a uni-cameral Parliament should have in place adequate procedures for the review and scrutiny of legislation presented to it for consideration;and

          (2) noting that the Northern Territory Legislative Assembly does not have a Committee for the scrutiny of Bills and does not provide a mechanism for Bills to be accompanied by supporting documentation such as explanatory memoranda or notes on clauses;

          (3) refer the following matter to the Standing Orders Committee for inquiry and report:
            the current Standing Orders and procedures for the presentation and introduction of legislation, with particular regard to:
            (a) the requirement for preparation of support material to be presented with proposed laws; and
            (b) the current practice in other Australian Parliaments in this matter; and

          (4) empower the Standing Orders Committee to send for and examine persons, papers and records, to sit in public or in private session, notwithstanding any adjournment of the Assembly and to adjourn from place to place.

          Debate ensued.
          Question - That the motion be agreed to - put and passed.

      16. PUBLIC ACCOUNTS COMMITTEE - REQUIREMENT FOR TABLING MINUTES OF MEETING, 8 SEPTEMBER 1994 - MOTION NEGATIVED:
        The Member for Wanguri (Mr Bailey) moved - That this Assembly, believing that the Public Accounts Committee’s will and desire in regard to an inquiry into State Square should be given due and proper weight:
          (1) notes the view of the Minister for Transport and Works that the Public Accounts Committee did not at any stage contemplate or desire to hold a public inquiry in their own right; and

          (2) advises the Public Accounts Committee to resolve the issue by tabling Item 2.1 of the Minutes of the Committee’s meeting of 8 September 1994 on the next sitting day of the Assembly.

          Debate ensued.
        Paper tabled: The Member for Jingili (Mr Setter), by leave, laid on the Table the following Paper -
          • Article, “Labor storms out over Square inquiry”, Northern Territory News, dated 25 March 1994 (Paper 432).

        Debate continued.
        Personal explanation: Mr Setter, by leave, made a personal explanation relating to comments made by the Member for Wanguri (Mr Bailey) during this debate.
        Question - put and negatived.
      17. ELECTORAL AMENDMENT BILL 1994 (Serial 41):
        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.
          The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

      AYES, 7 NOES, 16

      Mr Bailey Mr Adamson
      Mr Bell Mr Baldwin
      Mr Ede Mrs Braham
      Mrs Hickey Mr Burke
      Mr Lanhupuy Mr Finch
      Mr Rioli Dr Lim
      Mr Stirling Mr Manzie
      Mr McCarthy
      Mr Mitchell
      Mrs Padgham-Purich
      Mr Palmer
      Mr Perron
      Mr Poole
      Mr Reed
      Mr Setter
      Mr Stone
          And so it was resolved in the negative.

      18. WORK HEALTH AUTHORITY AMENDMENT BILL 1995 (Serial 61):
        The Minister for Work Health and Territory Insurance (Mr Poole), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
          Bill read a first time.
          Mr Poole moved - That the Bill be now read a second time.
          On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

      19. MINING ASSISTANCE ACT REPEAL BILL 1995 (Serial 65):
        The Minister for Mines and Energy (Mr Reed), pursuant to notice, presented a Bill for an Act repeal the Mining Assistance Act.
          Bill read a first time.
          Mr Reed moved - That the Bill be now read a second time.
        On the motion of the Deputy Leader of the Opposition (Mrs Hickey) debate was adjourned.

      20. LIQUEFIED PETROLEUM GAS (SUBSIDY) ACT REPEAL BILL 1995 (Serial 66):
        The Minister for Mines and Energy (Mr Reed), pursuant to notice, presented a Bill for an Act to repeal the Liquefied Petroleum Gas (Subsidy) Act.
          Bill read a first time.
          Mr Reed moved - That the Bill be now read a second time.
        On the motion of the Deputy Leader of the Opposition (Mrs Hickey) debate was adjourned.
      21. ADJOURNMENT:
        The Minister for Health and Community Services (Mr Reed) moved - That the Assembly do now adjourn.
          Debate ensued.
          And the Assembly having continued to sit until 12 midnight -
          Thursday 23 February 1995 A. M.

          Debate continued.
          Question - put and passed.
          And the Assembly adjourned at 12.08 a.m. until today at 10.00 a.m.

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        PAPER:
        The following Paper was deemed to have been presented on Wednesday 22 February 1995:
          Hospital Management Board:
          Royal Darwin Hospital Management Board, 1993-94 (Paper 422).
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        ATTENDANCE:
        All Members attended the sitting.
      Last updated: 04 Aug 2016