Sixth Assembly First Session 04/12/90 Parliamentary Record No. 2
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker,
the Honourable N.M. Dondas, took the Chair. 2. PRAYERS. 3. QUESTIONS:
Questions were asked of Ministers.
A supplementary answer was given by a Minister. 4. LEAVE OF ABSENCE:
The Leader of Government Business (Mr Coulter) moved - That leave of
absence be granted to the Minister for Primary Industry and Fisheries
(Mr Reed) on account of Government Business interstate.
Question - put and passed. 5. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Coulter) moved - That the Assembly
at its arising adjourn until Tuesday 30 April 1991 at 10.00 a.m. or such
other time and/or date as may be set by the Speaker, pursuant to
Sessional Order.
Question - put and passed. 6. PRESENTATION OF ADDRESS-IN-REPLY:
The Speaker reminded the Assembly that the Address- in-Reply would be
presented to His Honour the Administrator at 11.15 a.m. this day, and
invited Honourable Members to accompany him to Government House at that
time.
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Suspension of sitting: The sitting was suspended between 11.06 a.m.
Suspension of sitting:
and 2.00 p.m.
__________________ 7. 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 Sixth Assembly, which was agreed
to on Thursday 7 February 1991; and that His Honour had been pleased to
make the following reply:
"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.".
55 MINUTES OF PROCEEDINGS - Thursday 14 February 1991 8. ANSWER TO A QUESTION:
The Attorney-General (Mr Manzie), by leave, gave a supplementary answer
to a question asked by the Member for Millner (Mr Smith) earlier these
sittings. 9. PUBLIC ACCOUNTS COMMITTEE, ANNUAL REPORT 1989-90 - PAPER TABLED - PAPER
PRINTED - PAPER NOTED:
The Chairman of the Public Accounts Committee (Mr Palmer) laid on the
Table the Annual Report of the Public Accounts Committee for the year
ended 30 June 1990.
Mr Palmer moved - That the Report be printed.
Question - put and passed.
Mr Palmer moved - That the Assembly take note of the Paper.
Question - put and passed. 10. PUBLIC ACCOUNTS COMMITTEE, ACTUAL AND CONTINGENT LIABILITIES REPORT
(SECOND) - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
The Chairman of the Public Accounts Committee (Mr Palmer) laid on the
Table the Second Report of the Public Accounts Committee on the Actual
and Contingent Liabilities of the Northern Territory Government.
(Paper 114).
Mr Palmer moved - That the Report be printed.
Question - put and passed.
Mr Palmer moved - That the Assembly take note of the Paper.
On the motion of the Member for Wanguri (Mr Bailey) debate was
adjourned. 11. ROYAL COMMISSION, ABORIGINAL DEATHS IN CUSTODY - REPORTS TABLED - MOTION
TO NOTE REPORTS:
The Chief Minister (Mr Perron) laid on the Table the following Reports
of the Royal Commission into Aboriginal Deaths in Custody in the
Northern Territory -
~ Royal Commission into Aboriginal Deaths in Custody - Report of
the Inquiry into the Death of the Young Man who died at Elliott
on 21 March 1985;
~ Royal Commission into Aboriginal Deaths in Custody - Report of
the Inquiry into the Death of the Young Man who died at Beatrice
Hill Prison Farm on 21 September 1988;
~ Royal Commission into Aboriginal Deaths in Custody - Report of
the Inquiry into the Death of the Aboriginal Man who died in the
Darwin Prison on 5 July 1985; and
~ Royal Commission into Aboriginal Deaths in Custody - Report of
the Inquiry into the Death of Kwementyaye Price.
Mr Perron moved - That the Assembly take note of the Reports.
Debate ensued.
Suspension of Standing Orders: The Minister for Tourism (Mr Vale)
Suspension of Standing Orders
moved - That so much of Standing Orders be suspended as would prevent
Mr Perron from completing his speech.
Question - put and passed - there being an absolute majority of the
whole number of Members present and no dissentient voice.
Debate continued.
On the motion of the Leader of the Opposition (Mr Ede) debate was
adjourned.
56 MINUTES OF PROCEEDINGS - Thursday 14 February 1991 12. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE, FIRST REPORT -
PAPER TABLED:
The Chairman of the Subordinate Legislation and Tabled Papers Committee
(Mr Setter) laid on the Table the First Report of the Subordinate
Legislation and Tabled Papers Committee. 13. SUSPENSION OF STANDING ORDERS - TAKE EIGHT BILLS TOGETHER:
The Leader of Government Business (Mr Coulter) moved - That so much of
Standing Orders be suspended as would prevent eight Bills namely - the
Public Service Amendment Bill 1991 (Serial 34); the Racing and Betting
Amendment Bill 1991 (Serial 35); the Racing, Gaming and Liquor
Commission Act Repeal Bill 1991 (Serial 36); the Casino Licensing and
Control Amendment Bill 1991 (Serial 37); the Lotteries and Gaming
Amendment Bill 1991 (Serial 38); the Totalizator Administration and
Betting Amendment Bill 1991 (Serial 39); the Liquor Amendment Bill 1991
(Serial 40); and the Racing Commission Bill 1991 (Serial 41),
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
(b) the consideration of the Bills separately in Committee of the
Whole.
Question - put and passed - there being an absolute majority of the
whole number of Members present and no dissentient voice. 14. PUBLIC SERVICE AMENDMENT BILL 1991 (Serial 34); RACING AND BETTING
AMENDMENT BILL 1991 (Serial 35); RACING, GAMING AND LIQUOR COMMISSION
ACT REPEAL BILL 1991 (Serial 36); CASINO LICENSING AND CONTROL AMENDMENT
BILL 1991 (Serial 37); LOTTERIES AND GAMING AMENDMENT BILL 1991
(Serial 38); TOTALIZATOR ADMINISTRATION AND BETTING AMENDMENT BILL 1991
(Serial 39); LIQUOR AMENDMENT BILL 1991 (Serial 40); and RACING
COMMISSION BILL 1991 (Serial 41):
The Leader of Government Business (Mr Coulter), pursuant to notice,
presented a Bill for an Act to amend the Public Service Act; a
Bill for an Act to amend the Racing and Betting Act; a Bill for an
Act to repeal the Racing, Gaming and Liquor Commission Act; a Bill
for an Act to amend the Casino Licensing and Control Act; a Bill
for an Act to amend the Lotteries and Gaming Act; a Bill for an
Act to amend the Totalizator Administration and Betting Act; a
Bill for an Act to amend the Liquor Act, and a Bill for an Act to
establish the Racing Commission and for related purposes.
Bills read a first time.
Mr Coulter moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was
adjourned. 15. SUSPENSION OF STANDING ORDERS - TAKE TWO BILLS TOGETHER:
The Minister for Transport and Works (Mr Finch) moved - That so much of
Standing Orders be suspended as would prevent two Bills namely the
Commercial Passenger (Road) Transport Bill 1991 (Serial 26); and the
Motor Vehicles Amendment Bill 1991 (Serial 32),
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
57 MINUTES OF PROCEEDINGS - Thursday 14 February 1991
(b) the consideration of the Bills separately in Committee of the
Whole.
Question - put and passed - there being an absolute majority of the
whole number of Members present and no dissentient voice. 16. COMMERCIAL PASSENGER (ROAD) TRANSPORT BILL 1991 (Serial 26); and MOTOR
VEHICLES AMENDMENT BILL 1991 (Serial 32):
The Minister for Transport and Works (Mr Finch), pursuant to notice,
presented a Bill for an Act to regulate the carrying of passengers in
motor vehicles for hire or reward, and for related purposes; and a Bill
for an Act to amend the Motor Vehicles Act.
Bills read a first time.
Mr Finch moved - That the Bills 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 Attorney-General (Mr Manzie) moved - That so much of Standing Orders
be suspended as would prevent the Criminal Code Amendment Bill 1991
(Serial 27) passing through all stages at this sitting.
Debate ensued.
Question - put and passed - there being an absolute majority of the
whole number of Members present and no dissentient voice. 18. CRIMINAL CODE AMENDMENT BILL 1991 (Serial 27):
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 resumed.
The Member for Macdonnell (Mr Bell) moved the following amendment - At
the end of the motion add ", but this Assembly -
(1) records its aversion to such legislation having a
retrospective effect; and
(2) is of the opinion that a committee, comprised of a Judge of
the Supreme Court and two legal practitioners to be nominated
by the Attorney-General, should be appointed to undertake a
progressive review of the Criminal Code.".
Debate continued.
Paper tabled: Mr Bell, by leave, laid on the Table the following
Paper tabled:
Paper -
~ "The Criminal Code in the Northern Territory" address by the
Hon. Mr Justice Nader on 9 July 1990 at Australian Bar
Association Conference 1990.
Debate continued.
Question - That the words proposed to be added, be added - put and
negatived.
Debate continued.
Paper tabled: The Attorney-General (Mr Manzie) laid on the Table the
Paper tabled:
following Paper -
~ Letter, Mr N. Bell MLA Member for Macdonnell to Hon. D.W. Manzie
MLA, Attorney- General, dated 13 February 1991.
58 MINUTES OF PROCEEDINGS - Thursday 14 February 1991
Debate continued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into a Committee of
the Whole for the consideration of the Bill.
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In the Committee
In the Committee
(Chairman - Mr Poole)
Clause 1 agreed to.
Clause 2 agreed to, after debate.
Remainder of the Bill, by leave, taken as a whole and agreed to, after
debate.
Question - That the Bill be reported without amendment - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 14 NOES, 9
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Lanhupuy
Mr McCarthy Mr Smith
Mr Ortmann Mr Stirling
Mr Palmer Mr Tipiloura
Mr Perron
Mr Poole
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole)
reported accordingly; and the report was adopted.
On the motion of the Attorney-General (Mr Manzie) the Bill was read a
third time and passed to be a proposed law. 19. WORK HEALTH AMENDMENT BILL 1990 (Serial 19):
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 resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into a Committee of
the Whole for the consideration of the Bill.
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59 MINUTES OF PROCEEDINGS - Thursday 14 February 1991
In the Committee
In the Committee
(Chairman - Mr Poole)
Clause 1 agreed to.
Clause 2 read -
On the motion of the Minister for Lands and Housing (Mr Ortmann) the
following amendment was agreed to -
Omit from subclause (1) "21 and 22" and insert "17, 20, 21
and 22".
On the motion of Mr Ortmann the following further amendment was agreed
to -
Insert after subclause (1) the following:
"(1A) Sections 17 and 20 shall come into operation on 1 July
1991.".
Clause 2, as amended, agreed to.
Clauses 3 to 10, by leave, taken together and agreed to.
Clause 11 read -
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from proposed subsection (6) "$10,000", "$2,000", "$500"
and $100" and insert "$15,000", "$3,000", "$1,000", and "$200"
respectively.
Clause 11, as amended, agreed to.
Clauses 12 and 13, by leave, taken together and agreed to.
Clause 14 read -
On the motion of Mr Ortmann the following amendment was agreed to,
after debate -
Omit from proposed subsection (1)(b) "or self-insured
person's".
Clause 14, as amended, agreed to.
Clauses 15 and 16, by leave, taken together and agreed to.
Clause 17 read -
On the motion of Mr Ortmann the following amendment was agreed to -
Omit proposed subsection 138A (1) and insert in its stead
the following:
"(1) An approved insurer shall, not later than 28 days before
the day on which a policy of insurance or indemnity against
liability under this Act is due to expire, notify, in writing,
the employer who obtained the policy or a person acting as the
agent of the employer of the date on which the policy is due
to expire and that the policy will expire on that date unless
a premium, as agreed by the insurer and the employer, for the
renewal of the policy is paid or agreed to be paid on or
before that date.".
On the motion of Mr Ortmann the following further amendment was agreed
to -
Omit from proposed subsection 138A(2) "(1)(a)" (twice
occurring) and insert "(1)".
60 MINUTES OF PROCEEDINGS - Thursday 14 February 1991
On the motion of Mr Ortmann the following further amendment was agreed
to -
Add at the end of proposed subsection 138A the following:
"(3) A notice under subsection (1) given after the time
specified in that subsection shall contain a statement that
the policy of insurance or indemnity against liability under
this Act as existing between the employer and the approved
insurer shall, in accordance with subsection (2), expire
28 days after the notice is given.".
Clause 17, as amended, agreed to.
Clause 18 agreed to.
Clause 19 read -
On the motion of Mr Ortmann the following amendment was agreed to -
Insert after paragraph (a) the following:
"(ab) by omitting from paragraph (s) '$1,000' and substituting
'$2,000'".
Clause 19, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole)
reported accordingly; and the report was adopted.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the
Bill was read a third time and passed to be a proposed law. 20. MOTOR ACCIDENTS (COMPENSATION) AMENDMENT BILL 1990 (Serial 4) and
TERRITORY INSURANCE OFFICE AMENDMENT BILL 1990 (Serial 5):
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 resumed.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into Committee of
the Whole for the consideration of the Bill.
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In the Committee
In the Committee
(Chairman - Mr Poole)
Motor Accidents (Compensation) Amendment Bill 1990 (Serial 4)
Motor Accidents (Compensation) Amendment Bill 1990 (Serial 4)
Bill, by leave, taken as a whole.
The Leader of the Opposition (Mr Ede) moved the following amendment:
Clause 3, omit from proposed subsection 18(4) "is justifiable"
and insert the words "is necessary".
Amendment agreed to.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
61 MINUTES OF PROCEEDINGS - Thursday 14 February 1991
Territory Insurance Office Amendment Bill 1990 (Serial 5):
Territory Insurance Office Amendment Bill 1990 (Serial 5):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 agreed to, after debate.
Clause 4 read -
Mr Ede moved the following amendment -
Add at the end of proposed section 25A the following:
"(3) The Minister shall, on the first sitting day of the
Legislative Assembly after making a determination under
subsection (1), table in the Assembly -
(a) a statement indicating the amount determined;
(b) the calculations on which the determination was based;
and
(c) the advice of the Board considered by the Minister in
making the determination.".
Debate ensued.
Amendment negatived.
Clause 4 agreed to.
Title agreed to.
Bill to be reported without amendment.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole)
reported that the Committee had considered the Bills and agreed to the
Motor Accidents (Compensation) Amendment Bill 1990 (Serial 4) with an
amendment and the Territory Insurance Office Amendment Bill 1990
(Serial 5) without amendment.
Report adopted.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the
Bills were read a third time and passed to be proposed laws. 21. PUBLICATIONS COMMITTEE, FIRST REPORT - PAPER TABLED - REPORT ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table
the First Report of the Publications Committee recommending that the
following Papers be printed -

_________________________________________________________ ___________

Date
Title Tabled

_________________________________________________________ ___________
Report by Distribution Committee - Vol 1 25. 9.90
Report by Distribution Committee - Vol 2 25. 9.90
Northern Territory Joint Fisheries Authority, Annual Report
1989 27. 9.90
Department of Transport and Works, Annual Report 1989- 90 4.10.90
Department of the Legislative Assembly, Annual Report 1989-90 4.12.90
Mental Health Act, Annual Report 1989-90 4.12.90
Work Health Ministerial Advisory Council, Annual Report
1989-90 4.12.90
Public Trustee for the Northern Territory, Annual Report
1989-90 4.12.90
Menzies School of Health Research, Annual Report 1989- 90 4.12.90
62 MINUTES OF PROCEEDINGS - Thursday 14 February 1991

_________________________________________________________ ______________

Date
Title Tabled__

_________________________________________________________ ____________
Department of Law, Annual Report 1989-90 4.12.90
Department of the Chief Minister, Annual Report 1989- 90 4.12.90
Northern Territory Law Reform Committee, Annual Report
1989-90 6.12.90
Publications and Films Review Board, Annual Report 1989 4.12.90
Northern Territory Totalizator Administration Board, Annual
Report 1989-90 5.12.90
Industry and Employment Training Advisory Council, Annual
Report 1989-90 5.12.90
Public Service Commissioner and the Department of Labour
and Administrative Services, Annual Report 1989-90 5.12.90
Northern Territory Grain Marketing Board, Annual Report
1988-89 6.12.90
Department of Lands and Housing, Annual Report 1989- 90 6.12.90
Treasurer's Annual Financial Statements, Year ended
30 June 1990 6.12.90
Department of Mines and Energy, Annual Report 1989-90 6.12.90
Racing, Gaming and Liquor Commission, Annual Report
1989-90 6.12.90
Department of Industries and Development, Annual Report
1989-90 6.12.90
Department of Primary Industries and Fisheries, Annual
Report 1989-90 6.12.90
Trade Development Zone Authority, Annual Report 1989- 90 6.12.90
Talking is not enough 2.10.90
Second Interim Report of the Police Powers Review Committee,
September 1990 4.10.90
Mr Setter moved - That the report be adopted.
Question - put and passed. 22. ADJOURNMENT:
The Minister for Transport and Works (Mr Finch) moved - That the
Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid
Papers tabled:
on the Table the following Papers -
~ Letter, Hon. F. Finch, MLA, Minister for Transport and Works to
Senator the Hon. Bob Collins, Minister for Shipping and Aviation
Support, dated 5 September 1990;
~ Letter, Senator the Hon. Bob Collins, Minister for Shipping and
Aviation Support to Hon. Fred Finch, MLA, Minister for Transport
and Works, undated;
~ Letter, Hon. Fred Finch, MLA, Minister for Transport and Works
to Senator the Hon. Bob Collins, Minister for Shipping and
Aviation Support, dated 10 September 1990; and
~ Letter, Senator the Hon. Bob Collins, Minister for Shipping and
Aviation Support to Hon. Fred Finch, MLA, Minister for Transport
and Works, dated 11 September 1990.
63 MINUTES OF PROCEEDINGS - Thursday 14 February 1991
Debate continued.
Question - put and passed.
The Assembly adjourned at 10.55 p.m. until Tuesday 30 April 1991 at
10.00 a.m. or such other time and/or date as may be set by the Speaker,
pursuant to Sessional Order.
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PAPERS:
The following Papers were deemed to have been presented on Thursday
14 February 1991:
Annual Reports:
Annual Reports:
Power and Water Authority, 1989-90
Territory Loans Management Corporation, 1989-90
Work Health Authority, 1989-90
Financial Statement:
Financial Statement:
Darwin Omnibus Service, 1989-90
Hospital Management Board:
Hospital Management Board:
Katherine 1989-90.
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ATTENDANCE:
All Members attended the sitting except Mr Reed, on leave.
H G SMITH
Clerk of the Legislative Assembly
64