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Minutes of Proceedings - 1996-02-28

Seventh Assembly First Session 27/02/1996 Parliamentary Record No. 20
__________________________________________________________________________________

Date : 28/02/1996
__________________________________________________________________________________

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 the Holy Spirit Primary School, and their teachers, Mr Jamie Wilks and Ms Carmel Reidy; and Year 6/7 students from Wulagi Primary School, and their teacher, Ms Margaret McPherson.
      On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

4. MESSAGE FROM THE ADMINISTRATOR:
    The Speaker advised Honourable Members that he had received the following Message from His Honour the Administrator -
    Message No. 18
    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:

    28 December 1995:
      Abattoirs and Slaughtering Amendment Act 1995
      Brands Amendment Act 1995
      Classification of Publications and Films Amendment Act 1995
      Community Welfare Amendment Act 1995
      Criminal Code Amendment Act 1995
      Criminal Code Amendment Act (No. 2) 1995
      Lands Acquisition Amendment Act (No. 2) 1995
      Local Government Amendment Act (No. 3) 1995
      Poisons and Dangerous Drugs Amendment Act (No. 2) 1995
      Private Security Act 1995
      Summary Offences Amendment Act 1995
      Summary Offences Amendment Act (No. 2) 1995
      Trustee Amendment Act (No. 2) 1995

    29 December 1995:
      Summary Offences Amendment Act (No. 3) 1995

    23 January 1996:
      Criminal Code Amendment Act 1996
    Dated this 26th day of February, 1996.


(Sgd) AUSTIN ASCHE
Administrator
(Paper 2246)

5. PETITION:
    The Member for Katherine (Mr Reed), by leave, presented a petition, not conforming with Standing Orders, from 1267 petitioners requesting the Assembly introduce a controlled measure of culling crocodiles.
      Petition read.

6. NOTICES:
    The following notices were given:
      Mr Hatton: To present the Juries Amendment Bill 1996 (Serial 143).
      Mr Hatton: To present the Summary Offences Amendment Bill 1996 (Serial 144).
      Mr Hatton: To present the Police Administration Amendment Bill 1996 (Serial 145).
      Mr Hatton: To present the Consumer Affairs and Fair Trading Amendment Bill 1996 (Serial 149).
      Mr Hatton: To present the Births, Deaths and Marriages Registration (Consequential Amendments) Bill 1996 (Serial 147).
      Mr Hatton: To present the Births, Deaths and Marriages Registration Bill 1996 (Serial 146).
      Mr Coulter: To present the Gaming Control Amendment Bill 1996 (Serial 148).
      Mr Bailey: To move - That - Because -
            1. the wife of the former Member for Casuarina is a director and shareholder of the North Australian Film Company (the NAFC);
            2. at the relevant time, the NAFC owned the unit at Suite 40, 1 Buffalo Ct., Darwin, in which the former Member for Casuarina then resided;
            3. the NAFC 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 childrens television series;
            4. the NAFC received a grant of $82,000 from the Country Liberal Party Government through the Department of Industries and Development for an ongoing skills development program for an Indonesian childrens television program;
            5. the former Member for Casuarina had some tenancy agreement with the NAFC 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 and the grant referred to paragraph 4;
            7. the interest referred to in paragraph 5 was a substantial interest of the Member and the interest referred to in paragraph 6 was a substantial interest of the Members family within the meaning of s5(1)(e) of the Legislative Assembly (Register of Members Interests) Act1982 (the Act);
            8. in none of the returns of the former Member for Casuarina pursuant to his statutory duty mandated by s4 of the Act 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 s5(1)(e) of the Act as a Member of the Legislative Assembly to assess that public funds were expended appropriately; and
          10. there was a conflict of interest within the meaning of s5(1)(e) of the Act 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:
            1. that the former Member for Casuarinas failure to declare the conflict of interest referred to in paragraph 8 above is a prima facie breach of s10 of the Act; and
            2. that this matter should be referred to the Privileges Committee as a matter of urgency.
      Mr Bell: To move - That - Because -
            1. the Member for Sanderson commenced action against Nationwide News Pty Ltd, 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 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 represented a substantial interest within the meaning of s5(1)(e) of the Legislative Assembly (Register ofMembers Interests) Act1982 (the Act) and a financial benefit within the meaning of s5(1)(f)(i) of that Act;
            7. Manzie v Nationwide News Pty Ltd 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 s5(1)(e) and a financial benefit within the meaning of s5(1)(f)(i) of the Act;
            9. the Member for Sanderson had a public duty within the meaning of s5(1)(e) of the Act as Member of the Legislative Assembly to expend public funds efficiently;
          10. there was a conflict of interest within the meaning of s5(1)(e) of the Act between the substantial interests received by the Member for Sanderson and referred to in paragraphs 6 and 8 above and his public duty referred to paragraph 9 above;
          11. in none of the returns of the Member for Sanderson pursuant to his statutory duty mandated by s4 of the Act were the amounts referred to in paragraphs 5 and 8 disclosed;
      this Assembly resolves:
            1. that the Member for Sandersons failure to declare the conflict of interest referred to in paragraph 10 above is prima facie a breach of s10 of the Act;
            2. that the Member for Sandersons failure to disclose the financial benefits referred to in paragraphs 6 and 8 above is a further breach of s10 of the Act; and
            3. that this matter should be referred to the Privileges Committee as a matter of urgency.

7. QUESTIONS:
    A question was asked of a Minister.
    Papers tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Papers -
      Advertisement, Northern Territory News, Who are the real victims of the Teachers Union industrial action?, dated 17 February 1996 (Paper 2240);
      Advertisement, Sunday Territorian, If you were offered a package worth $12.9 million, would you take it?, dated 18 February 1996 (Paper 2241); and
      Letter, Mr Colin J, Harcourt, Executive Director, Advertising Standards Council to Mr Brian Ede, Leader of the Opposition, dated 27 February 1996 (Paper 2242).
      Further questions were asked of Ministers.
    Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
      Press Release, Commonwealth support for Catholic Schools: Election Promises, National Catholic Education Commission, dated 23 February 1996 (Paper 2243).
      A further question was asked of a Minister.
      Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers -
      Letter, Hon Warren Snowdon, MP to Senator the Hon John Faulkner, Minister for Environment, Sport and Territories, dated 20 November 1995 (Paper 2244); and
      Table, extract from an Australian Labor Party document (Paper 2245).
      Further questions were asked of Ministers.
    Supplementary answers: The Treasurer (Mr Reed) gave supplementary answers to questions raised by the Member for Fannie Bay during the adjournment debate last evening.

8. STRATEGIC ROADS ON ABORIGINAL LANDS WITHIN THE NORTHERN TERRITORY - PAPER TABLED - PAPER NOTED:
    The Minister for Local Government (Mr Manzie) laid on the Table the Agreement between the Government of the Commonwealth of Australia and the Government of the Northern Territory of Australia for the Capital funding, Upgrading and Future Maintenance of Strategic Roads on Aboriginal Lands within the Northern Territory, 1995 - 1998 (Paper 2247).
      Mr Manzie made a statement relating thereto.
      Mr Manzie moved - That the Assembly take note of the Paper.
      Debate ensued.
      Question - put and passed.
____________________
      Suspension of sitting: The sitting was suspended between 12.05 p.m. and 2.15 p.m.
____________________

9. LIQUOR AMENDMENT BILL 1996 (Serial 139):
    The Minister for Liquor Commission (Mr Finch), pursuant to notice, presented a Bill for an Act to amend the Liquor Act.
      Bill read a first time.
      Mr Finch moved - That the Bill be now read a second time.
      On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.

10. FIRE AND EMERGENCY BILL 1996 (Serial 140); and FIRE AND EMERGENCY (CONSEQUENTIAL AMENDMENTS) BILL 1996 (Serial 141):
    Suspension of Standing Orders - Pass Bills through all Stages: Mr Stone moved - That so much of Standing Orders be suspended as would prevent the Fire and Emergency Bill 1996 (Serial 140) and the Fire and Emergency (Consequential Amendments) Bill 1996 (Serial 141) passing through all stages at these sittings.
      Debate ensued.
    Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
    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.
      Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
      Proposed Fire and Emergency Regulations (Paper 2248).

      Debate continued.
      Question - put and passed.
      Bills read a second time.
    Leave granted for a motion for the third readings of the Bills to be moved forthwith.
    On the motion of the Chief Minister (Mr Stone) the Bills were read a third time and passed to be proposed laws
11. DISTINGUISHED VISITORS:
    The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the Speakers Gallery of Traditional Owners and Board Members of the Cobourg Peninsula Sanctuary Board.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.

12. ORDER OF BUSINESS:
    The Leader of Government Business (Mr Coulter) moved - That intervening business be postponed until after consideration of Government Business, Order of the Day No. 3, relating to the Cobourg Peninsula Aboriginal Land and Sanctuary Amendment Bill 1996 (Serial 142).
      Question - put and passed.

13. COBOURG PENINSULA ABORIGINAL LAND AND SANCTUARY AMENDMENT BILL 1996 (Serial 142):
    Suspension of Standing Orders - Pass Bill through all Stages: The Minister for Parks and Wildlife (Mr Coulter) moved - That so much of Standing Orders be suspended as would prevent the Cobourg Peninsula Aboriginal Land and Sanctuary Amendment Bill 1996 (Serial 142) passing through all stages at these sittings.
    Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
    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 readings of the Bills to be moved forthwith.
    On the motion of Mr Coulter the Bill was read a third time and passed to be a proposed law.

14. ORDER OF BUSINESS:
    The Leader of Government Business (Mr Coulter) moved - That Government Business, Order of the Day, No. 2, relating to the Summary Offences Amendment Bill (No. 3) 1995 (Serial 135) and Stock Routes and Travelling Stock Amendment Bill 1995 (Serial 136), be called on forthwith.
      Question - put and passed.

15. SUMMARY OFFENCES AMENDMENT BILL (No. 3) 1995 (Serial 135); and STOCK ROUTES AND TRAVELLING STOCK AMENDMENT BILL 1995 (Serial 136):
    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.
    On the motion of the Attorney-General (Mr Hatton) the Bills were read a third time and passed to be a proposed law.

16. MISUSE OF DRUGS AMENDMENT BILL 1995 (Serial 124):
    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.
_____________________________

    Suspension of Standing Orders - Move a motion: The Member for Nhulunbuy (Mr Stirling) moved - That so much of Standing Orders be suspended as would prevent the Minister for Education (Mr Hatton) making a Ministerial Statement relating to the current Teachers dispute.
      Mr Hatton moved - That the question be now put.
      Question - put and passed.
      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, 8 NOES, 15

Mr Ah Kit Mr Adamson
Mr Bailey Mrs Braham
Mr Bell Mr Burke
Mr Ede Mr Coulter
Mrs Hickey Mr Finch
Ms Martin Mr Hatton
Mr Rioli Dr Lim
Mr Stirling Mr Manzie
Mr Mitchell
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
      Motion negatived accordingly.
_______________________________
      Debate resumed.
      Question - put and passed.
      Bill read a second time.
      Leave granted for a motion for the third reading of the Bill to be moved forthwith.
    On the motion of the Attorney-General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.

17. ADJOURNMENT:
    The Minister for Housing (Mr Manzie) moved - That the Assembly do now adjourn.
      Debate ensued.
      Paper tabled: Mr Manzie laid on the Table the following Paper -
      Press Release by Clare Martin, MLA, Member for Fannie Bay, dated 5 February 1996 (Paper 2249).
      Debate continued.
    Papers tabled: The Member for Wanguri (Mr Bailey), by leave, laid on the Table the following Papers -
      Extract, Parliamentary Record Debates, page 7124, dated Wednesday 30 August 1989 (Paper 2250);
      Letter, Mrs J. C. Diaz, Principal, Holy Spirit School to Mr J. Bailey, MLA, dated 8 December 1989 (Paper 2251);
      Minutes of meeting, Holy Spirit School Parents and Friends Association, dated 5 December 1989 (Paper 2252);
      Letter, Mrs J. C. Diaz, Principal, Holy Spirit Primary School to Mr J. Bailey, MLA, Member for Wanguri, dated 15 February 1990 (Paper 2253);
      Minutes of meeting, Holy Spirit Primary School, Parents and Friends Association, dated 3 April 1990 (Paper 2254);
      Letter, Mr T. V. Walsh, Senior Sergeant, Traffic Coordinator, Northern Territory Police Force to Mr J. Bailey, MLA, dated February 1991 (Paper 2255);
      Letter, Mr John Bailey, Deputy Opposition Leader to Neighbourhood Watch Coordinators - Tiwi, Wanguri, Leanyer and Wagaman dated 29 January 1991 re School Pedestrian Crossings (Paper 2256);
      Entry for Newsletter School Based Policing signed by Constable Pauline Vicary, dated 13 February 1991 (Paper 2257);
      Newsletter: Leanyer School newsletter Leanyer Links(Paper 2258);
      Newsletter, Local Issues article Pedestrian Safety on Trower Road (Paper 2259);
      Letter, Mr John Bailey, MLA, Member for Wanguri, re Trower Road Pedestrian Lights, to Mr P Gardiner, Mr B Ray, Ms J Diaz, Mr J Britton, Mr B Pascoe and Ms R MacGregor, dated 15 April 1992 (Paper 2260);
      Letter, Mr John Bailey, MLA, Member for Wanguri, re Trower Road Pedestrian Lights to Aldermen Crean, Collins and Burke, dated 15 April 1992 (Paper 2261);
      Minutes of meeting, Wanguri School Council, dated 16 April 1992 (Paper 2262);
      Letter, Mr John Bailey, MLA, Member for Wanguri, re Trower Road Pedestrian Lights to Mr J Bindyna and Ms C Ford, dated 15 April 1992 (Paper 2263);
      Letter, Mr John Bailey, MLA, Member for Wanguri, re Trower Road Pedestrian Lights, dated 15 April 1992 (Paper 2264);
      Letter, Mr John Bailey, MLA, Member for Wanguri, re pedestrian crossing on Trower Road to residents in Gsell St, Strele Cr, Martina St, Henbury Ave and Trower Rd, dated 14 April 1992 (Paper 2265);
      Letter, Mr John Bailey, MLA, Member for Wanguri, to Mr D. Wormold, Town Clerk, Darwin City Council, dated 14 April 1992 (Paper 2266);
      Letter, Mr John Britton, Chairperson, Henbury Avenue School Council to Mr John Bailey, MLA, Member for Wanguri, dated 18 May 1992 and attached letter from John Britton to Mr D. Wormold, Town Clerk, Darwin City Council, dated 18 May 1992 (Paper 2267)
      Letter, Mr Dave Wormold, Town Clerk, Darwin City Council to Mr John Bailey, MLA, Member for Wanguri, dated 18 May 1992 (Paper 2268);
      Letter, H. A. S. McClelland, Secretary, Holy Spirit Interim School Board to Mr D. Wormold, Town Clerk, Darwin City Council, dated 12 June 1992 (Paper 2269);
      Letter, John Bailey, MLA, Member for Wanguri, to Mr B. Pascoe, Chairperson, Wanguri School Council dated 7 August 1992 (Paper 2270);
      Letter, Mr John Bailey, MLA, Member for Wanguri to Mr H. A. S. McClelland, Secretary, Holy Spirit Interim School Board, dated 7 August 1992 (Paper 2271);
      Letter, Mr John Bailey, MLA, Member for Wanguri to Mr J. Britton, Chairperson, Henbury Avenue School Council, dated 7 August 1992 (Paper 2272);
      Letter, Mr John Bailey, MLA, Member for Wanguri to Residents, dated 13 August 1992 (Paper 2273);
      Draft letter, Mr John Bailey, MLA, Member for Wanguri to Residents, dated 13 August 1992 (Paper 2274);
      Letter, Mr John Bailey, MLA, Member for Wanguri to Residents, dated 13 August 1992 (Paper 2275);
      Letter, R. S. V. Pascoe, Council Chairperson, Wanguri Primary School, School Council to Mr George Brown, Lord Mayor, dated 17 August 1992 (Paper 2276);
      Letter, R. S. V. Pascoe, Council Chairperson, Wanguri Primary School Council to Mr David Young, Urban Planning Manager, Land Transport Branch, Department of Transport and Works, dated 17 August 1992 (Paper 2277);
      Newsletter, Local Issues, School crossings for Tiwi students (Paper 2278);
      Letter, Mr B. Chambers, Deputy Secretary Transport, Department of Transport and Works to Mr John Bailey, MLA, Member for Wanguri, dated 19 August 1992 (Paper 2279);
      Classified Advertisement, N T News, Traffic Light Alterations, Department of Transport and Works, dated 31 August 1992 (Paper 2280);
      Newspaper Article, N T News, Children from closed school at risk: Parish: dated 31 January 1992 (Paper 2281);
      Extract from Debates, dated 20 August 1992, pages 5790 and 5791 (Paper 2282);
      Media Release, New road speed limits, Hon Daryl Manzie, MLA, Minister for Transport and Works, dated 28 February 1994 (Paper 2283);
      Letter, Hon Daryl Manzie, MLA, Minister for Transport and Works to Chairperson, Henbury Avenue School Council, dated 28 February 1994 (Paper 2284);
      Letter, Al Solien, Field Officer, Darwin Region, Road Safety Council of the Northern Territory to the Principal, Henbury Avenue School, dated 30 September 1993 (Paper 2285);
      Letter, Mr Peter Willis, Secretary, Henbury Avenue School to Mr Bob Morgan, Manager, Technical Services, Darwin City Council, dated 21 March 1994 (Paper 2286);
      Letter, H. A. S. McClelland, Secretary, Holy Spirit Interim School Board to Mr J. Bailey, MLA, Member for Wanguri, dated 20 March 1994 and attached letter H. A. S. McClelland, Secretary, Holy Spirit Interim School Board to Mr Bob Morgan, Technical Services Manager, Darwin City Council dated 20 March 1994 (Paper 2287);
      Letter, Mr J. Bailey, MLA, Member for Wanguri to Mr Bob Morgan, Technical Services Manager, Darwin City Council, dated 23 March 1994 (Paper 2288);
      Booklet, Childrens Crossing Guidelines, Road Safety Council of the Northern Territory (Paper 2289);
      Extract from COGSO Newsletter School crossings (Paper 2290);
      Letter, Mr D. K. Wormold, Town Clerk/Chief Executive Officer, Darwin City Council to Mr John Bailey, MLA, Member for Wanguri, dated 13 May 1994 (Paper 2291);
      Letter, Mr John Bailey, MLA, Member for Wanguri to Mr Eric Hurwood, dated 1 September 1994 and attached file note (Paper 2292);
      Mr Des Gellert, Electorate Officer to Mr David Wormold, Town Clerk, Darwin City Council, dated 22 December 1994 (Paper 2293);
      Letter, Mr John Britton, Chairman, Henbury Avenue School to Mr John Pudney, Planning and Design Engineer, Darwin City Council, dated 28 February 1995 (Paper 2294);
      Henbury Avenue School, School Crossing on Trower Road, Paper (Paper 2295);
      Pedestrian crossing on Trower Road, Casuarina, Report by Juliet Beard, Crossing Supervisor, dated 28 March 1995 (Paper 2296);
      Letter, Proposed Pedestrian Crossing for Trower Road, Mr Peter Adamson, MLA, Member for Casuarina, undated and attached diagram (Paper 2297);
      Letter, Mr John Pudney, Planning and Design Engineer, Darwin City Council to Mr John Britton, Chairman, Henbury Avenue School Council, dated 7 March 1995 (Paper 2298); and
      Letter, Mr D. K. Wormold, Chief Executive Officer/Town Clerk to Mr Des Gellert, Electorate Officer, Office of John Bailey, MLA, dated 3 January 1995 (Paper 2299).
      Debate continued.
      Question - put and passed.
      The Assembly adjourned at 7.20 p.m. until tomorrow at 10.00 a.m.
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    ATTENDANCE:
    All Members attended the sitting, except Mr Baldwin.
Last updated: 04 Aug 2016
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