Minutes of Proceedings - 1995-02-21
Seventh Assembly First Session 21/02/1995 Parliamentary Record No. 8
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Date : 21/02/1995__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. PETITIONS:
4. VISITORS:
5. NOTICES:
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 17
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Mrs Padgham-Purich Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Amendment negatived accordingly.
Question - put and passed.
9. OFFICE OF THE AUDITOR-GENERAL, MID-YEAR REPORT, FEBRUARY 1995 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
Question - put and passed.
10. APPOINTMENT OF THE OMBUDSMAN:
Question - put and passed.
11. ALTERATION OF ORDER OF BUSINESS:
12. CORPORATIONS (NORTHERN TERRITORY) AMENDMENT BILL 1994
13. LEGAL PRACTITIONERS AMENDMENT BILL (No. 2) 1994 (Serial 60):
14. MEDICAL BILL 1994 (Serial 57) and MEDICAL (CONSEQUENTIAL AMENDMENTS) BILL 1994 (Serial 58):
15. MINE MANAGEMENT AMENDMENT BILL 1994 (Serial 49):
“14A. NEW SECTION
‘24A. IMMEDIATE THREAT
(a) the risk exists, take action appropriate under section 33 or 34; or
16. GENERAL BUSINESS, ORDER OF BUSINESS - MOTION AGREED TO:
17. ADJOURNMENT:
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Date : 21/02/1995
1. MEETING:
- The Assembly met at 10.00 a.m., pursuant to resolution of the Assembly, dated Thursday 1 December 1994. The Speaker, the Honourable T.R. McCarthy, took the Chair.
2. PRAYERS.
3. PETITIONS:
- The Member for Wanguri (Mr Bailey) presented a petition from 588 petitioners requesting the Assembly facilitate the provision of ongoing care for elderly citizens in the form of hostels and nursing homes in order that they remain in Darwin (Paper 381).
- Petition read.
- The Member for Wanguri (Mr Bailey) presented a petition from 444 petitioners requesting the Assembly facilitate the establishment of a retirement village in Alice Springs in order that those residents requiring care may stay in Alice Springs (Paper 382).
- Petition read.
- The Member for Arafura (Mr Rioli) presented a petition from 44 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 386).
- Petition read.
- The Member for Port Darwin (Mr Stone) presented a petition from 231 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 387).
- The Member for Millner (Mr Mitchell) presented a petition from 139 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 388).
The Member for Casuarina (Mr Adamson), on behalf of the Speaker (Mr McCarthy), presented a petition from 335 petitioners requesting the Assembly ensure that professional staffing levels at Health Clinics in Batchelor and Adelaide River are maintained and an assessment of the adequacy of the current health services in that region is conducted (Paper 383).
- Petition read.
- The Member for Casuarina (Mr Adamson) presented a petition from 193 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 384).
- The Member for Casuarina (Mr Adamson), on behalf of the Speaker (Mr McCarthy), presented a petition from 48 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 385).
4. VISITORS:
- The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Year 7 students from Holy Spirit Primary School and their teacher Mrs Mitchell.
- On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
5. NOTICES:
- The following notices were given:
- Mr Bailey: To move - 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.
Mr Perron, (Fannie Bay): To present the Rights of the Terminally Ill Bill 1995 (Serial 67).
Mr Ede: To move - 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.
Mr Poole: To present the Work Health Authority Amendment Bill 1995 (Serial 61).
Mr Reed: To present the Mining Assistance Act Repeal Bill 1995 (Serial 65).
Mr Reed: To present the Liquefied Petroleum Gas (Subsidy) Act Repeal Bill 1995 (Serial 66).
Mr Bell: To move - 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.
Mr Bell: To move - That -
- (1) noting that this Assembly is 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 private session notwithstanding any adjournment of the Assembly and to adjourn from place to place.
Mr Stone, (Port Darwin), to move - 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 Mr Lanhupuy, Dr Lim, Mr Poole, Mr Stirling and Mrs Braham;
(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.
Mr Finch, (Leanyer): To move - That - this Assembly requests the Government engage an independent opinion pollster to survey community attitudes towards aspects of the Rights of the Terminally Ill Bill as proposed by the Honourable Member for Fannie Bay.
- The poll should be of adequate sample size to give a high order of accuracy. Standard methods of telephone polling should be adopted with specific questions and methodology adopted by the polling organisation to indicate the following:
(i) considering the details of the proposed Bill, an indication of the proportion of those persons in favour; against; and undecided;
(ii) for those against the Bill, an indication of the basic category of objection; and
(iii) for those against or in doubt, an indication of what requirements or safeguards might change their opinion.
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.
- The Speaker advised Honourable Members of the death, on 29 January 1995, of Mr John Kevin Raphael (Jack) Doolan, former Member of this Legislative Assembly for Victoria River.
The Chief Minister (Mr Perron), by leave, moved - That this Assembly express its deep regret at the death, on 29 January 1995, of John Kevin Raphael Doolan, former Member for Victoria River in the Northern Territory Legislative Assembly, from 13 August 1977 to 3 December 1983 and places on record its appreciation of his long and meritorious service to the Legislative Assembly and to the Northern Territory and tenders its profound sympathy to his family.
- Debate ensued.
As a sign of respect Members rose in their places and observed one minute’s silence.
Question - put and passed.
- A question was asked of a Minister.
Filming in the Chamber: The Speaker advised Members that he had given permission to ABC Television and Channel 8 to film in the Chamber today to update file footage.
- Further questions were asked of Ministers.
- • Letter, the Hon Ross Free, MP, Minister for Schools, Vocational Education and Training to the Hon Fred Finch, MLA, Minister for Education and Training, dated 13 January 1995 (Paper 407).
- Further questions were asked of Ministers.
- Paper tabled: The Minister for Health and Community Services (Mr Reed) laid on the Table the following Paper -
- • State Library Occasional Paper No. 36 - The Best of Both Worlds: Aboriginal Health Then and Now by John C. Hargrave (Paper 390).
- The Minister for Police, Fire and Emergency Services (Mr Manzie) laid on the Table the report entitled “Review of the Northern Territory Police”, dated February 1995 by Mr Ronald (Peter) McCauley and Mr Ross Bowe (Paper 389).
- Mr Manzie moved - That the Paper be printed.
Question - put and passed.
Mr Manzie made a statement relating thereto.
Mr Manzie moved - That the Assembly take note of the Paper.
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- Suspension of sitting: The sitting was suspended between 11.48 a.m. and 2.00 p.m.
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- Debate ensued.
- The Leader of the Opposition (Mr Ede) moved the following amendment - Omit all words after “ That” and insert in their stead the following:
- “this House censures the Minister for Police and his predecessor, the Chief Minister, for allowing a run-down in Police resources and staffing thereby failing the Territory Police Force and placing the Territory community’s safety in jeopardy.’
- Proposed Censure of the Minister for Police - Deterioration of the Northern Territory Police Force - Motion Negatived: The Leader of Government Business (Mr Stone) informed the Assembly that the Government, pursuant to Standing Order 95, accepted the amendment as a censure motion.
- The Leader of Government Business (Mr Stone) moved - That the question be now put.
Question - That the question be now put - put and passed.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 8 NOES, 17
Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Mrs Padgham-Purich Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Amendment negatived accordingly.
- Main question - That the Assembly take note of the Paper -
Question - put and passed.
9. OFFICE OF THE AUDITOR-GENERAL, MID-YEAR REPORT, FEBRUARY 1995 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
- The Speaker laid on the Table the Mid-year Report of the Auditor-General, dated February 1995 (Paper 415).
Question - put and passed.
- Mr Perron moved - That the Assembly take note of the Paper and sought leave to continue his remarks at a later hour.
Question - put and passed.
10. APPOINTMENT OF THE OMBUDSMAN:
- The Chief Minister (Mr Perron), by leave, moved - That this Assembly, pursuant to Section 4(3) of the Ombudsman (Northern Territory) Act, recommend to His Honour the Administrator that he appoint Peter Allen Lyle Boyce to hold the Office of Ombudsman for the Northern Territory for a period of five years with effect on and from 27 March 1995.
Question - put and passed.
11. ALTERATION OF ORDER OF BUSINESS:
- The Leader of Government Business (Mr Stone) moved - That after consideration of Government Business, Order of the Day No. 1 relating to the Corporations (Northern Territory) Amendment Bill 1994 (Serial 59), Government Business Order of the Day No 4 relating to the Legal Practitioners Amendment Bill (No. 2) 1994 (Serial 60); Government Business, Order of the Day No. 3 relating to the Medical Bill 1994 (Serial 57) and Medical (Consequential Amendments) Bill 1994 (Serial 58); and Government Business, Order of the Day No. 2 relating to the Mine Management Amendment Bill 1994 (Serial 49) be called on in that order.
12. CORPORATIONS (NORTHERN TERRITORY) AMENDMENT BILL 1994
- (Serial 59):
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.
13. LEGAL PRACTITIONERS AMENDMENT BILL (No. 2) 1994 (Serial 60):
- 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.
14. MEDICAL BILL 1994 (Serial 57) and MEDICAL (CONSEQUENTIAL AMENDMENTS) BILL 1994 (Serial 58):
- The order of the day having been read for the resumption of the debate on the
question - That the Bills be now read a second time -
- Debate ensued.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third reading of the Bills to be moved forthwith.
- Debate ensued.
Question - put and passed.
The Bills were read a third time and passed to be proposed laws.
15. MINE MANAGEMENT AMENDMENT BILL 1994 (Serial 49):
- 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.
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In the Committee
(Chairman - Mr Setter)
In the Committee
(Chairman - Mr Setter)
- Bill, by leave, taken as a whole.
- The Deputy Leader of the Opposition (Mrs Hickey) moved -that the following new clause be inserted in the Bill after clause 14 :
“14A. NEW SECTION
- The Principal Act is amended by inserting after section 24 the following:
‘24A. IMMEDIATE THREAT
- ‘(1) Where there is an immediate risk of severe injury to an employee at a mine and that risk is not removed by the manager, the employee may cease work in the area in which the risk is present.
- ‘(2) During a period during which an employee has, under subsection (1), ceased work, the manager may assign the employee to alternative work.
- ‘(3) A dispute between an employee and the manager as to whether there is an immediate risk to the employee may be referred by either the employee or the manager to an inspector for a ruling.
- ‘(4) An inspector shall, immediately on receiving a request for a ruling under subsection (3), investigate the matter and if satisfied that -
(a) the risk exists, take action appropriate under section 33 or 34; or
- (b) there is no such risk, advise the manager and the employee accordingly and the manager may require the employee to resume forthwith his of her usual work.’.”.
- Amendment negatived, after debate.
Bill as printed agreed to.
- Bill to be reported without amendment.
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- The Speaker (Hon. T.R. McCarthy) resumed the Chair; the Chairman of Committees (Mr Setter) reported accordingly; and the report was adopted.
On the motion of The Minister for Mines and Energy (Mr Reed) the Bill was read a third time and passed to be a proposed law.
16. GENERAL BUSINESS, ORDER OF BUSINESS - MOTION AGREED TO:
- The Member for Victoria River (Mr Baldwin), by leave, moved - That, unless otherwise ordered, General Business Notices be considered in the following order:
- No. 1 standing in the name of Mr Ede relating to a proposed reference to the Public Accounts Committee on the State Square project;
No. 2 standing in the name of Mr Bailey relating to the Committee of Privileges;
No. 3 standing in the name of Mr Perron to present the Rights of the Terminally Ill Bill 1995;
No. 4 standing in the name of Mr Stone relating to the establishment of the Select Committee on Euthanasia;
No. 5 standing in the name of Mr Finch relating to an opinion poll on euthanasia;
No. 6 standing in the name of Mr Ede relating to registration and training legislation for staff of hotels and nightclubs;
No. 7 standing in the name of Mr Bell relating to Wards within the Alice Springs Municipal Council area;
No. 8 standing in the name of Mr Bell relating to a reference to the Standing Orders Committee; and
No. 9 standing in the name of Mr Bailey relating to the Minutes of the Public Accounts Committee.
- Question - put and passed.
17. ADJOURNMENT:
- The Minister for Health and Community Services (Mr Reed) moved - That the Assembly do now adjourn.
- Debate ensued.
Question - put and passed.
The Assembly adjourned at 9.35 p.m. until tomorrow at 10.00 a.m.
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PAPERS:
The following Papers were deemed to have been presented on Tuesday 21 February 1995:
Annual Reports
Mental Health Act, 1993-94 (Paper 408)
Northern Territory Housing Commission, 1993-94 , Corrigendum (Paper 411)
Office of the Valuer-General, 1993-94 (Paper 413)
Community Government Scheme:
Milikapiti Community Government Scheme (Paper 412)
Deed of Variation of Project Agreement:
McArthur River Project - Between the Northern Territory of Australia, Mount Isa Mines and ANT Minerals Pty Limited, dated 11 January 1995 (Paper 414)
Hospital Management Board:
Katherine Hospital Management Board, 1993-94 (Paper 409)
Regulations, 1994:
No.38 Palmerston (Charges) By-laws (Paper 391)
No.42 Amendment of Alice Springs (Control of Public Places) By-laws (Paper 392)
No.43 Local Court (Adoption of Children) Rules (Paper 393)
No.44 Police Administration Regulations (Paper 394)
No.45 Aerodromes Regulations (Paper 395)
No.46 Amendment of Education (Board of Studies) Regulations (Paper 396)
No.47 Amendment of Registration of Interests in Motor Vehicles and Other Goods Regulations
(Paper 397)
No.48 Amendments of the Marine (Examinations and Certificates) Regulations (Paper 398)
No.49 Amendment of Motor Vehicles (Fees and Charges) Regulations (Paper 399)
No.50 Amendments of Pay-roll Tax Regulations (Paper 400)
No.51 Summary Offences Regulations (Paper 401)
No.52 Amendment of Prisons (Correctional Services) Regulations (Paper 402).
Regulations, 1995:
No.1 Amendments of Tennant Creek (Control of Dogs) By-laws (Paper 403)
No.2 Amendment of Justices (Territory Infringement Notices Enforcement Scheme) Regulations (Paper 404)
No.3 Amendments of Fisheries Regulations (Paper 405)
No.4 Jabiru Town Development (Plants) (Repeal) By-laws (Paper 406)
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ATTENDANCE:All Members attended the sitting.
Last updated: 04 Aug 2016