Minutes of Proceedings - 1994-03-01
Sixth Assembly First Session 01/03/1994 Parliamentary Record No. 25
__________________________________________________________________________________
Date : 01/03/1994__________________________________________________________________________________
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:
Statement: The Leader of Government Business (Mr Setter) advised that the Minister for Lands and Housing (Mr Hatton) could not attend Question Time
this day due to his absence on Government Business interstate. Mr Setter requested that questions for Mr Hatton be directed to the Minister for Education
and Training (Mr Finch).
Questions were asked of Ministers.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -
Attachment B - Free and Fair Trade in Gas.
A further question was asked of a Minister.
Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
Page 1 - Electricity Charges and Concessions, Updated February 1994.
A further question was asked of a Minister.
Paper tabled: The Minister for Education and Training for and on behalf of the Minister for Lands and Housing
(Mr Finch) laid on the Table the following Papers -
Letter, B.W. Hudson, Wing Commander, Temporary Commander RAAF Northern Area to Ms Sheryl Naylor,
Department of Lands and Housing, dated 16 December 1992; with the following Annexures -
Annexure A - Ordnance Clearing Plan; and
Annexure B - Leanyer Range - Area Currently in Use; and
Northern Territory Government response to the Opposition's Darwin 2020 - Strategy for Urban Darwin.
Further questions were asked of Ministers.
Papers tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Papers -
Copy of Written Question relating to operating theatre hours and waiting hours and Answer provided; and
Memorandum - to Hospital Executive from Operating Theatre Management Committee re
Activity/Utilisation Report August 1993, dated 13 September 1993.
Further questions were asked of Ministers.
Supplementary answer: The Minister for Education and Training (Mr Finch) gave a supplementary answer to a question
asked by the Member for Macdonnell (Mr Bell) during the adjournment debate on Wednesday 23 February 1993.
Papers tabled: Mr Finch laid on the Table the following Papers -
Letter, to Brian Ede re: These Sittings and hypocracy (with obliterations) (sic);
Movement Requisition Number 23229 for travel to Katherine on 11 June 1990 and return on 12 June 1990;
Movement Requisition Number 18948 for travel to Gove on 23 February 1990; Borroloola on 24 February
1990 and return to Darwin 25 February 1990;
Letter, Hon E. Poole, MLA to Mr G.L. Rinymalpuy, Chairman Gapuwiyak Community Inc, dated 19 September 1989;
Letter, Hon F. Finch, MLA to Mr G.L. Rinymalpuy, Chairman Gapuwiyak Community Inc, undated; and
Letter, Mr G. Djerrkura, Managing Director, Y.B.E. Pty Ltd to Hon F. Finch, MLA, dated 22 January 1990.
4. MEMBER FOR MACDONNELL, DOCUMENT TABLED PURSUANT TO ORDER - MOTION AGREED TO:
The Minister for Education and Training (Mr Finch), by leave, moved - That the Member for Macdonnell (Mr Bell) be
ordered by the Assembly to lay on the Table the document from which he quoted in his speech during the debate on
the motion - "That the Assembly do now adjourn" on Wednesday 23 February 1994 referring to an accusation relating
to official and personal charter aircraft travel by the Minister for Education and Training.
Debate ensued.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 14 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mr Parish
Mr Perron Mr Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 15 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 Parish
Mr Ortmann Mr Rioli
Mr Palmer Mr Stirling
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
5. NORTHERN TERRITORY PUBLIC SERVICE, CAUSE FOR PRIDE - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Public Employment (Mr Finch) made a statement relating to the positive aspects of the Northern Territory Public Service.
Mr Finch moved - That the Assembly take note of the Statement.
____________________
Suspension of sitting: The sitting was suspended between 12.12 p.m. and 2.30 p.m.
____________________
Debate resumed.
Question - put and passed.
6. DOCUMENTS TABLED BY MEMBER FOR MACDONNELL:
The Member for Macdonnell (Mr Bell), pursuant to Order of the Assembly this day, laid on the Table the following papers -
Letter, Brian Ede re: These Sittings and hypocracy (sic) without alteration or erasure; and
Letter, Brian Ede re: These Sittings and hypocracy (sic) with obliterations.
Leave to make statement - leave denied: Mr Bell sought leave to make a statement relating to the Papers tabled -
Objection being raised - leave denied.
Suspension of Standing Orders - Motion negatived: Mr Bell thereupon moved - That so much of Standing Orders be
suspended as would prevent him making a statement relating to papers tabled pursuant to Order.
The Attorney-General (Mr Manzie) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 14 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mrs Padgham-Purich
Mr Perron Mr Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 10 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Collins Mr Hatton
Mr Ede Mr Manzie
Mrs Hickey Mr McCarthy
Mr Lanhupuy Mr Ortmann
Mrs Padgham-Purich Mr Palmer
Mr Rioli Mr Perron
Mr Stirling Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Motion negatived accordingly.
7. COUNCIL OF AUSTRALIAN GOVERNMENTS MEETING, HOBART - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Chief Minister (Mr Perron) made a Statement relating to the meeting of the Council of Australian Governments in Hobart on 25 February 1994.
Paper tabled: Mr Perron laid on the Table the following Paper -
Communique - Council of Australian Governments, Hobart, 25 February 1994.
Mr Perron moved - That the Assembly take note of the Statement.
Debate ensued.
Papers tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Papers -
Letter, Brian Ede, MLA, Leader of the Opposition to Hon Marshall Perron, MLA, Chief Minister, dated 25 February 1991; and
Letter, Hon Marshall Perron, MLA, Chief Minister to Brian Ede, MLA, Leader of the Opposition, dated 18 March 1991.
Debate continued.
Question - put and passed.
8. WHISTLEBLOWERS PROTECTION LEGISLATION - PAPER TABLED - PAPER NOTED:
The Attorney-General (Mr Manzie), by leave, laid on the Table an Issues Paper on Whistleblowers Protection
Legislation, dated February 1994. Mr Manzie made a statement relating thereto.
Mr Manzie moved - That the Assembly take note of the Paper.
Debate ensued.
The Member for Macdonnell (Mr Bell) moved the following amendment -
That all words after "that" be omitted and the following inserted in their stead:
"that this Assembly expresses concern at the CLP's failure to honour its 1990 election
promise to proceed with whistleblowers legislation".
Mr Manzie moved - That the question - That the amendment be agreed to, be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 13 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Mr Perron Mr Rioli
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 9 NOES, 13
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 Parish Mr Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Amendment negatived accordingly.
Debate continued.
Question - put and passed.
9. VALIDATION OF TITLES AND ACTIONS BILL 1994 (Serial 306); NATIVE TITLE (CONSEQUENTIAL AMENDMENTS) BILL 1994
(Serial 317); LANDS ACQUISITION AMENDMENT BILL 1994 (Serial 316); and MINING AMENDMENT BILL 1994 (Serial 315):
The Chief Minister (Mr Perron), by leave, presented a Bill for an Act to validate under section 19 of the Native Title Act 1993 of the
Commonwealth past Acts invalid because of the existence of Native Title and, in accordance with that Act, to confirm certain rights,
and for related purposes; a Bill for an Act to amend various Acts consequential on the passing of the Native Title Act 1993 of the
Commonwealth; a Bill for an Act to amend the Lands Acquisition Act; and a Bill for an Act to amend the Mining Act.
Bills read a first time.
Suspension of Standing Orders - Take four Bills together:
Mr Perron moved - That, unless otherwise ordered, so much of Standing Orders be suspended as would prevent four Bills, namely,
the Validation of Titles and Actions Bill 1994 (Serial 306); the Native Title (Consequential Amendments) Bill 1994 (Serial 317); the
Lands Acquisition Amendment Bill 1994 (Serial 316); and the Mining Amendment Bill 1994 (Serial 315) -
(a) being taken 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 the Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Perron moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
10. NOTICE:
The following notice was given, by leave:
Mr Manzie: To present the Criminal Code Amendment Bill 1994 (Serial 318).
11. ADOPTION OF CHILDREN BILL 1993 (Serial 289):
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.
On the motion of the Minister for Health and Community Services (Mr Reed) the Bill was read a third time and passed to be a proposed law.
12. BAIL AMENDMENT BILL (No. 2) 1993 (Serial 290):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit from Clause 6(1)(b) "a suspended sentence" and insert in its stead "an order made under section 5(1)(b) of the
Criminal Law (Conditional Release of Offenders) Act".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) 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.
13. REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES AMENDMENT BILL 1993 (Serial 295):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Add at the end of clause 10 the following:
"(c) by adding at the end the following:
'(7) Subject to section 10, nothing in this Act prevents the Registrar from providing a person,
subject to such conditions as the Registrar thinks fit, with information contained in a register kept
under this Act for a purpose relating to -
(a) the keeping of statistics;
(b) medical or epidemiological research;
(c) the identification of persons; or
(d) the prevention of fraud.'".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) 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.
14. MINING AMENDMENT BILL (No. 2) 1993 (Serial 291):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Clause 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Mines and Energy (Mr Stone) the following amendment was agreed to, after debate -
Omit from proposed section 29A(3) "subsection (2)" and insert in its stead "subsection (1)".
On the motion of Mr Stone the following further amendment was agreed to -
Omit from proposed section 29A(8) "a exploration licence" and insert in stead "an exploration licence".
Clause 4, as amended, agreed to.
Clause 5 read.
On the motion of Mr Stone the following amendment was agreed to -
Omit "granted or renewed" and substitute "grant or renew".
Clause 5, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported accordingly; and the report was adopted.
On the motion of the Minister for Mines and Energy (Mr Stone) the Bill was read a third time and passed to be a proposed law.
15. CRIMINAL CODE AMENDMENT BILL (No. 2) 1993 (Serial 298):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit from Clause 3 from proposed section 189(2) "a crime" and insert in its stead "an offence".
Bill, as amended, agreed to, after debate.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported accordingly; and the report was adopted.
Mr Manzie moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
16. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL (No. 2) 1993 (Serial 296):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Clauses 1 to 6, by leave, taken together and agreed to.
Clause 7 read.
On the motion of the Minister for Correctional Services (Mr Poole) the following amendment was agreed to -
Omit from proposed section 31(3) all words after paragraph (a) and insert in their stead the following:
"(b) direct that a hearing of the charge be conducted under this Part;
"(c) direct that -
(i) the charge be withdrawn and a different charge
be brought against the prisoner; or
(ii) a further charge be brought against the prisoner,
and that a hearing of the charge or charges be conducted under this Part; or
(d) refer the matter to the Commissioner of Police for investigation.".
On the motion of Mr Poole the following further amendment was agreed to, after debate -
Insert after proposed section 32(1) the following:
"(1A) A charge of prison misconduct shall not be heard or determined by the officer who
brought the charge.".
On the motion of Mr Poole the following further amendment was agreed to, after debate -
Omit from proposed section 32(5) "shall not" and insert in its stead "shall".
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit section 32(5) and insert in its stead the following:
"32(5) A prisoner charged with prison misconduct may, at the hearing of the charge under
this Part, be permitted to use an interpreter if the prisoner requests the assistance of an
interpreter.".
Amendment negatived.
On the motion of Mr Poole the following further amendment was agreed to -
Insert after proposed section 32(6) the following:
"(7) Where more than one charge of prison misconduct is brought against a prisoner
arising out of the same set of circumstances, the officer in charge of the prison may hear
and determine the charges jointly and may impose one or more penalties under section 33
in respect of the charges that are proved.".
Mr Bell moved the following amendment -
Insert after section 32(6) the following:
"32(7) A prisoner charged with prison misconduct at the hearing of the charge under this Part
may give evidence, cross-examine and call witnesses.".
Amendment agreed to.
Clause 7, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported accordingly; and the report was adopted.
On the motion of the Minister for Correctional Services (Mr Poole) the Bill was read a third time and passed to be a proposed law.
17. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Wanguri (Mr Bailey), by leave, laid on the Table the following Papers:
Marine Activity Centre - Doctors Gully;
Northern Territory Planning Authority, Planning Act, Instrument of Determination, S 248, dated 17 June 1981;
Northern Territory of Australia, Crown Lease Term, Volume 191, Folio 100;
Northern Territory Planning Authority, Planning Act, Instrument of Determination, DV804;
Northern Territory of Australia, Grant in Fee Simple, Volume 131, Folio 96, dated 23 May 1985; and
Northern Territory Planning Authority, Planning Act, Explanatory Document, Draft Planning Instrument D 57.
Debate continued.
And the Assembly having continued to sit until 12 midnight -
WEDNESDAY 2 MARCH 1994 A.M.
Debate continued.
Question - put and passed.
The Assembly adjourned at 12.08 a.m. until today at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Tuesday 1 March 1994:
Annual Reports:
Education Advisory Council, 1992
Juvenile Justice Act, pursuant to section 5, 1993
Parole Board of the Northern Territory, 1993
Fisheries Act:
Pearl Oyster Culture Industry Management Plan, 14 December 1993
Pearl Oyster Fishery Management Plan, 16 February 1994.
====================
ATTENDANCE:
All Members attended this sitting.
__________________________________________________________________________________
Date : 01/03/1994
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:
Statement: The Leader of Government Business (Mr Setter) advised that the Minister for Lands and Housing (Mr Hatton) could not attend Question Time
this day due to his absence on Government Business interstate. Mr Setter requested that questions for Mr Hatton be directed to the Minister for Education
and Training (Mr Finch).
Questions were asked of Ministers.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -
Attachment B - Free and Fair Trade in Gas.
A further question was asked of a Minister.
Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
Page 1 - Electricity Charges and Concessions, Updated February 1994.
A further question was asked of a Minister.
Paper tabled: The Minister for Education and Training for and on behalf of the Minister for Lands and Housing
(Mr Finch) laid on the Table the following Papers -
Letter, B.W. Hudson, Wing Commander, Temporary Commander RAAF Northern Area to Ms Sheryl Naylor,
Department of Lands and Housing, dated 16 December 1992; with the following Annexures -
Annexure A - Ordnance Clearing Plan; and
Annexure B - Leanyer Range - Area Currently in Use; and
Northern Territory Government response to the Opposition's Darwin 2020 - Strategy for Urban Darwin.
Further questions were asked of Ministers.
Papers tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Papers -
Copy of Written Question relating to operating theatre hours and waiting hours and Answer provided; and
Memorandum - to Hospital Executive from Operating Theatre Management Committee re
Activity/Utilisation Report August 1993, dated 13 September 1993.
Further questions were asked of Ministers.
Supplementary answer: The Minister for Education and Training (Mr Finch) gave a supplementary answer to a question
asked by the Member for Macdonnell (Mr Bell) during the adjournment debate on Wednesday 23 February 1993.
Papers tabled: Mr Finch laid on the Table the following Papers -
Letter, to Brian Ede re: These Sittings and hypocracy (with obliterations) (sic);
Movement Requisition Number 23229 for travel to Katherine on 11 June 1990 and return on 12 June 1990;
Movement Requisition Number 18948 for travel to Gove on 23 February 1990; Borroloola on 24 February
1990 and return to Darwin 25 February 1990;
Letter, Hon E. Poole, MLA to Mr G.L. Rinymalpuy, Chairman Gapuwiyak Community Inc, dated 19 September 1989;
Letter, Hon F. Finch, MLA to Mr G.L. Rinymalpuy, Chairman Gapuwiyak Community Inc, undated; and
Letter, Mr G. Djerrkura, Managing Director, Y.B.E. Pty Ltd to Hon F. Finch, MLA, dated 22 January 1990.
4. MEMBER FOR MACDONNELL, DOCUMENT TABLED PURSUANT TO ORDER - MOTION AGREED TO:
The Minister for Education and Training (Mr Finch), by leave, moved - That the Member for Macdonnell (Mr Bell) be
ordered by the Assembly to lay on the Table the document from which he quoted in his speech during the debate on
the motion - "That the Assembly do now adjourn" on Wednesday 23 February 1994 referring to an accusation relating
to official and personal charter aircraft travel by the Minister for Education and Training.
Debate ensued.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 14 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mr Parish
Mr Perron Mr Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 15 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 Parish
Mr Ortmann Mr Rioli
Mr Palmer Mr Stirling
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
5. NORTHERN TERRITORY PUBLIC SERVICE, CAUSE FOR PRIDE - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Public Employment (Mr Finch) made a statement relating to the positive aspects of the Northern Territory Public Service.
Mr Finch moved - That the Assembly take note of the Statement.
____________________
Suspension of sitting: The sitting was suspended between 12.12 p.m. and 2.30 p.m.
____________________
Debate resumed.
Question - put and passed.
6. DOCUMENTS TABLED BY MEMBER FOR MACDONNELL:
The Member for Macdonnell (Mr Bell), pursuant to Order of the Assembly this day, laid on the Table the following papers -
Letter, Brian Ede re: These Sittings and hypocracy (sic) without alteration or erasure; and
Letter, Brian Ede re: These Sittings and hypocracy (sic) with obliterations.
Leave to make statement - leave denied: Mr Bell sought leave to make a statement relating to the Papers tabled -
Objection being raised - leave denied.
Suspension of Standing Orders - Motion negatived: Mr Bell thereupon moved - That so much of Standing Orders be
suspended as would prevent him making a statement relating to papers tabled pursuant to Order.
The Attorney-General (Mr Manzie) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 14 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mrs Padgham-Purich
Mr Perron Mr Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 10 NOES, 14
Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Collins Mr Hatton
Mr Ede Mr Manzie
Mrs Hickey Mr McCarthy
Mr Lanhupuy Mr Ortmann
Mrs Padgham-Purich Mr Palmer
Mr Rioli Mr Perron
Mr Stirling Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Motion negatived accordingly.
7. COUNCIL OF AUSTRALIAN GOVERNMENTS MEETING, HOBART - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Chief Minister (Mr Perron) made a Statement relating to the meeting of the Council of Australian Governments in Hobart on 25 February 1994.
Paper tabled: Mr Perron laid on the Table the following Paper -
Communique - Council of Australian Governments, Hobart, 25 February 1994.
Mr Perron moved - That the Assembly take note of the Statement.
Debate ensued.
Papers tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Papers -
Letter, Brian Ede, MLA, Leader of the Opposition to Hon Marshall Perron, MLA, Chief Minister, dated 25 February 1991; and
Letter, Hon Marshall Perron, MLA, Chief Minister to Brian Ede, MLA, Leader of the Opposition, dated 18 March 1991.
Debate continued.
Question - put and passed.
8. WHISTLEBLOWERS PROTECTION LEGISLATION - PAPER TABLED - PAPER NOTED:
The Attorney-General (Mr Manzie), by leave, laid on the Table an Issues Paper on Whistleblowers Protection
Legislation, dated February 1994. Mr Manzie made a statement relating thereto.
Mr Manzie moved - That the Assembly take note of the Paper.
Debate ensued.
The Member for Macdonnell (Mr Bell) moved the following amendment -
That all words after "that" be omitted and the following inserted in their stead:
"that this Assembly expresses concern at the CLP's failure to honour its 1990 election
promise to proceed with whistleblowers legislation".
Mr Manzie moved - That the question - That the amendment be agreed to, be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 13 NOES, 9
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mr Parish
Mr Perron Mr Rioli
Mr Palmer Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 9 NOES, 13
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 Parish Mr Ortmann
Mr Rioli Mr Palmer
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Amendment negatived accordingly.
Debate continued.
Question - put and passed.
9. VALIDATION OF TITLES AND ACTIONS BILL 1994 (Serial 306); NATIVE TITLE (CONSEQUENTIAL AMENDMENTS) BILL 1994
(Serial 317); LANDS ACQUISITION AMENDMENT BILL 1994 (Serial 316); and MINING AMENDMENT BILL 1994 (Serial 315):
The Chief Minister (Mr Perron), by leave, presented a Bill for an Act to validate under section 19 of the Native Title Act 1993 of the
Commonwealth past Acts invalid because of the existence of Native Title and, in accordance with that Act, to confirm certain rights,
and for related purposes; a Bill for an Act to amend various Acts consequential on the passing of the Native Title Act 1993 of the
Commonwealth; a Bill for an Act to amend the Lands Acquisition Act; and a Bill for an Act to amend the Mining Act.
Bills read a first time.
Suspension of Standing Orders - Take four Bills together:
Mr Perron moved - That, unless otherwise ordered, so much of Standing Orders be suspended as would prevent four Bills, namely,
the Validation of Titles and Actions Bill 1994 (Serial 306); the Native Title (Consequential Amendments) Bill 1994 (Serial 317); the
Lands Acquisition Amendment Bill 1994 (Serial 316); and the Mining Amendment Bill 1994 (Serial 315) -
(a) being taken 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 the Committee of the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Perron moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
10. NOTICE:
The following notice was given, by leave:
Mr Manzie: To present the Criminal Code Amendment Bill 1994 (Serial 318).
11. ADOPTION OF CHILDREN BILL 1993 (Serial 289):
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.
On the motion of the Minister for Health and Community Services (Mr Reed) the Bill was read a third time and passed to be a proposed law.
12. BAIL AMENDMENT BILL (No. 2) 1993 (Serial 290):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit from Clause 6(1)(b) "a suspended sentence" and insert in its stead "an order made under section 5(1)(b) of the
Criminal Law (Conditional Release of Offenders) Act".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) 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.
13. REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES AMENDMENT BILL 1993 (Serial 295):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Add at the end of clause 10 the following:
"(c) by adding at the end the following:
'(7) Subject to section 10, nothing in this Act prevents the Registrar from providing a person,
subject to such conditions as the Registrar thinks fit, with information contained in a register kept
under this Act for a purpose relating to -
(a) the keeping of statistics;
(b) medical or epidemiological research;
(c) the identification of persons; or
(d) the prevention of fraud.'".
Bill, as amended, agreed to.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) 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.
14. MINING AMENDMENT BILL (No. 2) 1993 (Serial 291):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Clause 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Mines and Energy (Mr Stone) the following amendment was agreed to, after debate -
Omit from proposed section 29A(3) "subsection (2)" and insert in its stead "subsection (1)".
On the motion of Mr Stone the following further amendment was agreed to -
Omit from proposed section 29A(8) "a exploration licence" and insert in stead "an exploration licence".
Clause 4, as amended, agreed to.
Clause 5 read.
On the motion of Mr Stone the following amendment was agreed to -
Omit "granted or renewed" and substitute "grant or renew".
Clause 5, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported accordingly; and the report was adopted.
On the motion of the Minister for Mines and Energy (Mr Stone) the Bill was read a third time and passed to be a proposed law.
15. CRIMINAL CODE AMENDMENT BILL (No. 2) 1993 (Serial 298):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit from Clause 3 from proposed section 189(2) "a crime" and insert in its stead "an offence".
Bill, as amended, agreed to, after debate.
Bill to be reported with an amendment.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported accordingly; and the report was adopted.
Mr Manzie moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
16. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL (No. 2) 1993 (Serial 296):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mrs Hickey)
Clauses 1 to 6, by leave, taken together and agreed to.
Clause 7 read.
On the motion of the Minister for Correctional Services (Mr Poole) the following amendment was agreed to -
Omit from proposed section 31(3) all words after paragraph (a) and insert in their stead the following:
"(b) direct that a hearing of the charge be conducted under this Part;
"(c) direct that -
(i) the charge be withdrawn and a different charge
be brought against the prisoner; or
(ii) a further charge be brought against the prisoner,
and that a hearing of the charge or charges be conducted under this Part; or
(d) refer the matter to the Commissioner of Police for investigation.".
On the motion of Mr Poole the following further amendment was agreed to, after debate -
Insert after proposed section 32(1) the following:
"(1A) A charge of prison misconduct shall not be heard or determined by the officer who
brought the charge.".
On the motion of Mr Poole the following further amendment was agreed to, after debate -
Omit from proposed section 32(5) "shall not" and insert in its stead "shall".
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit section 32(5) and insert in its stead the following:
"32(5) A prisoner charged with prison misconduct may, at the hearing of the charge under
this Part, be permitted to use an interpreter if the prisoner requests the assistance of an
interpreter.".
Amendment negatived.
On the motion of Mr Poole the following further amendment was agreed to -
Insert after proposed section 32(6) the following:
"(7) Where more than one charge of prison misconduct is brought against a prisoner
arising out of the same set of circumstances, the officer in charge of the prison may hear
and determine the charges jointly and may impose one or more penalties under section 33
in respect of the charges that are proved.".
Mr Bell moved the following amendment -
Insert after section 32(6) the following:
"32(7) A prisoner charged with prison misconduct at the hearing of the charge under this Part
may give evidence, cross-examine and call witnesses.".
Amendment agreed to.
Clause 7, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported accordingly; and the report was adopted.
On the motion of the Minister for Correctional Services (Mr Poole) the Bill was read a third time and passed to be a proposed law.
17. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Wanguri (Mr Bailey), by leave, laid on the Table the following Papers:
Marine Activity Centre - Doctors Gully;
Northern Territory Planning Authority, Planning Act, Instrument of Determination, S 248, dated 17 June 1981;
Northern Territory of Australia, Crown Lease Term, Volume 191, Folio 100;
Northern Territory Planning Authority, Planning Act, Instrument of Determination, DV804;
Northern Territory of Australia, Grant in Fee Simple, Volume 131, Folio 96, dated 23 May 1985; and
Northern Territory Planning Authority, Planning Act, Explanatory Document, Draft Planning Instrument D 57.
Debate continued.
And the Assembly having continued to sit until 12 midnight -
WEDNESDAY 2 MARCH 1994 A.M.
Debate continued.
Question - put and passed.
The Assembly adjourned at 12.08 a.m. until today at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Tuesday 1 March 1994:
Annual Reports:
Education Advisory Council, 1992
Juvenile Justice Act, pursuant to section 5, 1993
Parole Board of the Northern Territory, 1993
Fisheries Act:
Pearl Oyster Culture Industry Management Plan, 14 December 1993
Pearl Oyster Fishery Management Plan, 16 February 1994.
====================
ATTENDANCE:
All Members attended this sitting.
Last updated: 04 Aug 2016