Minutes of Proceedings - 1992-08-20
Sixth Assembly First Session 11/08/1992 Parliamentary Record No. 11
__________________________________________________________________________________
Date : 20/08/1992__________________________________________________________________________________
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.
Paper tabled: The Minister for Industries and Development (Mr Hatton) laid on the Table the following Paper -
. Letter, Senator the Hon. Robert Ray, Minister for Defence to Hon. Warren Snowdon, MP, dated 23 March 1992.
Further questions were asked of Ministers.
4. CENSURE OF MEMBER FOR WANGURI:
Suspension of Standing Orders: The Chief Minister (Mr Perron) moved -
That so much of Standing Orders be suspended as would prevent the Chief Minister moving a motion to censure the
Member for Wanguri.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Censure: Mr Perron thereupon moved - That this Assembly -
(1) censures the Member for Wanguri for making an unsubstantiated allegation against the Member for Karama
in that he stated that the Member for Karama had threatened a Mr Peter Mannion, a former owner of
Jaguar Joinery, which allegation Mr Mannion has since refuted;
(2) is of the opinion that by alleging misconduct against the Member for Karama in his capacity as Chairman of
the Public Accounts Committee the Member for Wanguri has made his position of member of that
Committee untenable; and
(3) calls upon the Member for Wanguri to retract his allegations against the Member for Karama and apologise
to this Assembly.
Debate ensued.
Paper tabled and printed: The Member for Karama (Mr Palmer), by leave, laid on the Table the following Paper -
. Transcript of interview between the Ombudsman Mr J Knight and Mr M Palmer MLA Re: Dalway, dated 6 August 1992.
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Suspension of sitting: The sitting was suspended between 12.08 p.m. and 2.15 p.m.
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The Leader of Government Business (Mr Setter), by leave, moved - That this Assembly authorises the publication of the
transcript of the interview between the Ombudsman, Mr Ian Knight, and the Member for Karama, Mr Mick Palmer, MLA,
tabled in the Legislative Assembly on 20 August 1992.
Question - put and passed.
Debate resumed.
The Member for Millner (Mr Parish) moved the following amendment -
Omit all words after "That" and insert in their stead -
"This Assembly censures the Member for Karama for -
(1) his public behaviour by which he has brought this Assembly
and the Public Accounts Committee into disrepute and by
which he has thereby impeded the ability of the Public
Accounts Committee to inquire into the Dalway affair
efficiently and effectively; and
(2) calls upon the Member for Karama to consider his position on
the Public Accounts Committee and whether, in the best
interests of the Committee, he should resign from the
Committee.".
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 Stirling
Mr Poole Mr Tipiloura
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put and negatived.
Debate continued.
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
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Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mr Parish
Mr Perron Mr Stirling
Mr Poole Mr Tipiloura
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Main question - put and passed.
5. COMMISSIONER OF CONSUMER AFFAIRS REPORT, 1990-91 AND COMMISSIONER OF MOTOR VEHICLE DEALERS
REPORT 1990 - PAPER TABLED - PAPER PRINTED:
The Minister for Health and Community Services (Mr Manzie) laid on the Table the Report of the Commissioner of
Consumer Affairs for 1990-91 and the Report of the Commissioner of Motor Vehicle Dealers for 1990.
Mr Manzie moved - That the Report be printed.
Question - put and passed.
6. NORTHERN TERRITORY PUBLIC SECTOR DEBT - PAPER TABLED - PAPER NOTED:
The Treasurer (Mr Coulter) laid on the Table a report entitled Northern Territory Public Sector Debt, dated August 1992.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Paper.
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Commonwealth Budget Paper No.4, pages 28 and 29.
Debate ensued.
Papers tabled: Mr Ede, by leave, laid on the Table the following Papers -
. "'Global' New Money Borrowings by Commonwealth, State and Territory Semi-Government and Local Authorities",
Table 19, page 65, Commonwealth Budget Paper No.4;
. Page 128, Managing State Finance;
. How the Government Has Performed, (Summary Volume) November 1991, page 11;
. Access Economics, pages 33 to 37, May 1992; and
. Article, "Australia's Black Hole", Business Magazine, August 1992.
Debate continued.
Question - put and passed.
7. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT BILL 1992, DRAFT BILL - PAPER TABLED - PAPER NOTED:
The Minister for Public Employment (Mr Stone) laid on the Table a draft Bill entitled Public Sector Employment and Management Bill 1992.
Mr Stone made a statement relating thereto.
Mr Stone moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.
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8. STANDING ORDERS COMMITTEE, SIXTH REPORT - PAPER TABLED - PAPER PRINTED - REPORT ADOPTED:
The Speaker laid on the Table the Sixth Report of the Standing Orders Committee on Considering Appropriation Bills in Committee
of the Whole and Time Taken in Divisions, dated August 1992.
The Leader of Government Business (Mr Setter) moved - That the Paper be printed.
Question - put and passed.
Mr Setter moved - That the Assembly adopt the Report.
Question - put and passed.
9. SESSIONAL COMMITTEE ON CONSTITUTIONAL DEVELOPMENT - RECOGNITION OF ABORIGINAL CUSTOMARY LAW, DISCUSSION PAPER No.4 - PAPER TABLED - PAPER PRINTED - PAPER NOTED:
The Chairman of the Sessional Committee on Constitutional Development (Mr Hatton) laid on the Table Discussion Paper No.4
entitled "Recognition of Aboriginal Customary Law", dated August 1992.
Mr Hatton moved - That the Paper be printed.
Question - put and passed.
Mr Hatton moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.
10. WITNESSES BEFORE ASSEMBLY COMMITTEES - GUIDELINES - MOTION AGREED TO:
The Member for Karama (Mr Palmer), by leave, moved -
That, unless otherwise ordered and notwithstanding anything contained in the Standing Orders, the following
procedures be followed by Committees of the Assembly when dealing with witnesses and prospective witnesses:
(1) a witness shall be invited to attend a Committee meeting to give evidence: A witness shall be
summoned to appear (whether or not the witness was previously invited to appear) only where
the Committee has made a decision that the circumstances warrant the issue of a summons;
(2) where the Committee desires that a witness produce documents relevant to the Committee's
inquiry, the witness shall be invited to do so, and an order that documents be produced shall be
made (whether or not an invitation to produce documents has previously been made) only where
the Committee has made a decision that the circumstances warrant such an order;
(3) a witness shall be given reasonable notice of a meeting at which the witness is to appear, and shall
be supplied with a copy of the Committee's terms of reference, a statement of the matters expected
to be dealt with during the witness's appearance, and a copy of these procedures: where appropriate,
a witness may be supplied with a transcript of relevant evidence already taken;
(4) if possible, a witness shall be given opportunity to make a submission in writing before appearing to
give oral evidence;
(5) where appropriate, reasonable opportunity shall be given for a witness to raise any matters of concern
to the witness
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relating to the witness's submission or the evidence the witness is to give before the witness appears at
a meeting;
(6) a witness shall be given reasonable access to any documents that the witness has produced to the Committee;
(7) a witness shall be offered, before giving evidence, the opportunity to make application, before or during the
hearing of the witness's evidence, for any or all of the witness's evidence to be heard in private session,
and shall be invited to give reasons for any such application: if the application is not granted, the witness
shall be notified of reasons for that decision;
(8) only in the most extraordinary circumstances shall the Committee table in the Assembly or publish evidence
given in private session and before giving any evidence in private session, a witness shall be informed that it
is within the power of the Committee to authorise publication of such evidence and that the Assembly has the
power to order the production and publication of such evidence;
(9) a Member, in a protest or dissent added to a report, shall not disclose evidence taken in camera unless so
authorised by the Committee;
(10) should the Committee consider it essential that evidence given or information received in private session be
published or that it is essential that such evidence or information be included in the Committee's report the
Chairman or Secretary of the Committee shall make every effort to discuss the matter with the relevant witness
in an effort to minimise any potential damage to the witness which may flow from that publication or usage;
(11) the Chairman shall take care to ensure that all questions put to witnesses are relevant to the Committee's inquiry
and that the information sought by those questions is necessary for the purpose of that inquiry: where a Member
of the Committee requests discussion of a ruling of the Chairman on this matter, the Committee shall deliberate in
private session and determine whether any question which is the subject of the ruling is to be permitted;
(12) where a witness objects to answering any question put to the witness on any ground, including the ground that
the question is not relevant or that the answer may incriminate the witness, the witness shall be invited to state
the ground upon which objection to answering the question is taken: unless the Committee determines immediately
that the question should not be pressed, the Committee shall then consider in private session whether it will insist
upon an answer to the question, having regard to the relevance of the question to the Committee's inquiry and the importance to the inquiry of the information sought by the question: if the Committee determines that it requires an
answer to the question, the witness shall be informed of that determination and the reasons for the determination,
and shall be required to answer the question only in private
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session unless the Committee determines that it is essential to the Committee's inquiry that the question be
answered in public session; and where a witness declines to answer a question to which the Committee has
required an answer, the Committee shall report the facts to the Assembly;
(13) where the Committee has reason to believe that evidence about to be given may reflect adversely on a person,
the Committee shall give consideration to hearing that evidence in private session;
(14) where a witness gives evidence reflecting adversely on a person and the Committee is not satisfied that that
evidence is relevant to the Committee's inquiry, the Committee shall give consideration to expunging that
evidence from the transcript of evidence, and to forbidding the publication of that evidence;
(15) where evidence is given which reflects adversely on a person and action of the kind referred to in paragraph (14)
is not taken in respect of the evidence, the Committee shall provide reasonable opportunity for that person to have
access to that evidence and to respond to that evidence by written submission and appearance before the Committee;
(16) a witness may make application to be accompanied by counsel and to consult counsel in the course of a meeting at
which the witness appears: in considering such an application, the Committee shall have regard to the need for the witness to be accompanied by counsel to ensure the proper protection of the witness: if an application is not granted,
the witness shall be notified of reasons for that decision;
(17) a witness accompanied by counsel shall be given reasonable opportunity to consult counsel during a meeting at which
the witness appears;
(18) an officer of a department of the Territory or of the Commonwealth shall not be asked to give opinions on matters
of policy and shall be given reasonable opportunity to refer questions asked of the officer to superior officers or to a
Minister;
(19) reasonable opportunity shall be afforded to witnesses to make corrections of errors of transcription in the transcript
of their evidence and to put before the Committee additional material supplementary to their evidence; and
(20) where the Committee has any reason to believe that any person has been improperly influenced in respect of evidence
which may be given before the Committee, or has been subjected to or threatened with any penalty or injury in respect
of any evidence given, the Committee shall take all reasonable steps to ascertain the facts of the matter: where the Committee considers that the facts disclose that a person may have been improperly influenced or subjected to or
threatened with penalty or injury in respect of evidence which may be or has been given before the Committee, the
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Committee shall report the facts and its conclusions to the Assembly.
Debate ensued.
Question - put and passed.
11. PUBLICATIONS COMMITTEE, SEVENTH REPORT - PAPER TABLED - REPORT ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Seventh Report of the Publications Committee recommending that the following Papers be printed:
_______________________________________________________________________
Date
Description Tabled
_______________________________________________________________________
Alice Springs College of TAFE, Annual Report 1990 21.5.92
Batchelor College, Annual Report 1990 21.5.92
Northern Territory Architects Board, Annual Report 1988-89 21.5.92
Northern Territory Architects Board, Annual Report 1989-90 21.5.92
Northern Territory Architects Board, Annual Report 1990-91 21.5.92
Northern Territory Open College of TAFE, Annual Report 1990 21.5.92
Northern Territory Plumbers and Drainers Licensing Board,
Annual Report for the year ended 30 September 1991 12.5.92
Northern Territory Rural College, Annual Report 1990 21.5.92
Public Service Commissioner and the Department of Labour
and Administrative Services, Annual Report 1990-91 21.5.92
Publications and Films Review Board, Annual Report for the
years ending 31 December 1990 and 1991 12.5.92
Road Safety Council of the Northern Territory, Annual Report 1991 21.5.92
Mr Setter moved - That the Assembly adopt the Report.
Question - put and passed.
12. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until
Tuesday 22 September 1992 at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker,
pursuant to Sessional Order.
Question - put and passed.
13. YULARA TOURIST VILLAGE MANAGEMENT AMENDMENT BILL (No.2) 1992 (Serial 172):
The Minister for Industries and Development (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Yulara
Tourist Village Management Act.
Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
14. LEGISLATIVE ASSEMBLY (POWERS AND PRIVILEGES) BILL 1992 (Serial 173):
The Treasurer (Mr Coulter), at the request and on behalf of the Chief Minister (Mr Perron), pursuant to notice, presented a Bill
for an Act relating to the powers (other than legislative powers), privileges and immunities of the Legislative Assembly, and
for other purposes.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
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15. CLASSIFICATION OF PUBLICATIONS AND FILMS AMENDMENT BILL 1992 (Serial 169):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Classification of Publications
and Films Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
16. LEGAL AID AMENDMENT BILL 1992 (Serial 171):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Legal Aid Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
17. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 1992 (Serial 175):
The Minister for Tourism (Mr Vale), pursuant to notice, presented a Bill for an Act to amend the Northern Territory
Tourist Commission Act.
Bill read a first time.
Mr Vale moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
18. WORK HEALTH AMENDMENT BILL 1992 (Serial 174):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
19. TERRITORY INSURANCE OFFICE AMENDMENT BILL 1992 (Serial 176):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Territory
Insurance Office Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
20. PROPOSED SUSPENSION OF STANDING ORDERS - PUBLIC ACCOUNTS COMMITTEE MEETING PROCEDURES -
MOTION NEGATIVED:
The Deputy Leader of the Opposition (Mr Bailey) moved - That so much of Standing Orders be suspended as would prevent
him moving the following motion forthwith - That the following matters be referred to the Standing Orders Committee for
consideration and report:
(a) procedures currently being followed by the Public Accounts Committee whereby -
(i) a meeting can be called at midday for 2.00 p.m.;
(ii) no prior notice of the matters to be considered by the Committee was given;
(iii) no detailed agenda was available at the meeting; and
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(iv) no discussion was permitted on the only matter raised at the meeting; and
(b) the Committee report to the Assembly on the correctness and propriety of such procedures.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
Question - 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 Stirling
Mr Poole Mr Tipiloura
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion to suspend Standing Orders 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 Stirling Mr Perron
Mr Tipiloura Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Motion negatived accordingly.
21. APPROPRIATION BILL 1992-93 (Serial 163):
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.
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Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
. Tragedy and Hope, pages 50 to 69.
Debate continued.
Ordered - That the debate be adjourned until a later hour and that the Minister for Education (Mr Stone) have leave to
continue his speech on the resumption of the debate.
Debate adjourned.
22. ENERGY RESOURCE CONSUMPTION LEVY AMENDMENT BILL 1992 (Serial 164); STAMP DUTY AMENDMENT
BILL 1992 (Serial 165); TAXATION (ADMINISTRATION) AMENDMENT BILL 1992 (Serial 170); FINANCIAL INSTITUTIONS
DUTY AMENDMENT BILL 1992 (Serial 166); PAY-ROLL TAX AMENDMENT BILL 1992 (Serial 167); and BUSINESS
FRANCHISE AMENDMENT BILL 1992 (Serial 168):
Suspension of Standing Orders - Pass six bills through all stages: The Treasurer (Mr Coulter) moved - That so much of Standing Orders be suspended as would prevent the Energy Resource Consumption Levy Amendment Bill 1992 (Serial 164); Stamp Duty Amendment Bill 1992 (Serial 165); Taxation (Administration) Amendment Bill 1992 (Serial 170); Financial Institutions Duty Amendment
Bill 1992 (Serial 166); Pay-roll Tax Amendment Bill 1992 (Serial 167); and Business Franchise Amendment Bill 1992 (Serial 168)
passing through all stages at this sitting.
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 -
Suspension of Standing Orders: Mr Coulter moved - That so much of Standing Orders be suspended as would prevent the Energy Resource Consumption Levy Amendment Bill 1992 (Serial 164); Stamp Duty Amendment Bill 1992 (Serial 165); Taxation (Administration) Amendment Bill 1992 (Serial 170); Financial Institutions Duty Amendment Bill 1992 (Serial 166); Pay-roll Tax Amendment Bill 1992 (Serial 167); and Business Franchise Amendment Bill 1992 (Serial 168) -
(a) being considered 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.
Debate resumed.
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 Treasurer (Mr Coulter) the Bills were read a third time and passed to be proposed laws.
23. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
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Papers tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Papers -
. Letter, Mr John Bailey, MLA, Member for Wanguri to Mr D Wormald, Town Clerk, Darwin City Council, dated 14 April 1992;
. Letter, Mr Dave Wormald, Town Clerk, Darwin City Council to Mr John Bailey, MLA, Member for Wanguri, dated 18 May 1992;
. Letter, Mr John Britton, Chairman, Henbury Avenue School to Mr D. Wormald, Town Clerk, Darwin City Council, dated 18 May 1992;
. Letter, Mr John Britton, Chairperson, Henbury Avenue School Council to Mr John Bailey, MLA, dated 18 May 1992;
. Letter, H.A.S. McClelland, Secretary, Holy Spirit Interim School Board to Mr D. Wormald, Town Clerk, Darwin City
Council, dated 12 June 1992;
. Letter, Mr John Bailey, MLA, Member for Wanguri to Mr B. Pascoe, Chairman, Wanguri School Council, dated 7 August 1992;
. Letter to Residents from Mr John Bailey, MLA, Member for Wanguri, dated 13 August 1992; and
. Letter, Mr R.S.V. (Bob) Pascoe, Chairperson, Wanguri Primary School, School Council to Mr David Young, Urban Planning
Manager, Land Transport Branch, Department of Transport and Works, dated 17 August 1992.
Debate continued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Report to the Legislative Assembly of the Northern Territory by Mr Neil Bell, MLA, dated August 1992.
Debate continued.
Question - put and passed.
The Assembly adjourned at 10.35 p.m. until Tuesday 22 September 1992 at 10.00 a.m. or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
====================
PAPERS:
The following Papers were deemed to have been presented on Thursday 20 August 1992:
Annual Reports:
Northern Territory Open College of TAFE, 1991
Northern Territory Rural College, 1991
Northern Territory University, 1991
Office of the Director of Public Prosecutions, Northern Territory, 1991-92.
====================
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ATTENDANCE:
All Members attended the sitting.
H G SMITH
Clerk of the Legislative Assembly.
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__________________________________________________________________________________
Date : 20/08/1992
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.
Paper tabled: The Minister for Industries and Development (Mr Hatton) laid on the Table the following Paper -
. Letter, Senator the Hon. Robert Ray, Minister for Defence to Hon. Warren Snowdon, MP, dated 23 March 1992.
Further questions were asked of Ministers.
4. CENSURE OF MEMBER FOR WANGURI:
Suspension of Standing Orders: The Chief Minister (Mr Perron) moved -
That so much of Standing Orders be suspended as would prevent the Chief Minister moving a motion to censure the
Member for Wanguri.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Censure: Mr Perron thereupon moved - That this Assembly -
(1) censures the Member for Wanguri for making an unsubstantiated allegation against the Member for Karama
in that he stated that the Member for Karama had threatened a Mr Peter Mannion, a former owner of
Jaguar Joinery, which allegation Mr Mannion has since refuted;
(2) is of the opinion that by alleging misconduct against the Member for Karama in his capacity as Chairman of
the Public Accounts Committee the Member for Wanguri has made his position of member of that
Committee untenable; and
(3) calls upon the Member for Wanguri to retract his allegations against the Member for Karama and apologise
to this Assembly.
Debate ensued.
Paper tabled and printed: The Member for Karama (Mr Palmer), by leave, laid on the Table the following Paper -
. Transcript of interview between the Ombudsman Mr J Knight and Mr M Palmer MLA Re: Dalway, dated 6 August 1992.
____________________
Suspension of sitting: The sitting was suspended between 12.08 p.m. and 2.15 p.m.
____________________
Page 435
The Leader of Government Business (Mr Setter), by leave, moved - That this Assembly authorises the publication of the
transcript of the interview between the Ombudsman, Mr Ian Knight, and the Member for Karama, Mr Mick Palmer, MLA,
tabled in the Legislative Assembly on 20 August 1992.
Question - put and passed.
Debate resumed.
The Member for Millner (Mr Parish) moved the following amendment -
Omit all words after "That" and insert in their stead -
"This Assembly censures the Member for Karama for -
(1) his public behaviour by which he has brought this Assembly
and the Public Accounts Committee into disrepute and by
which he has thereby impeded the ability of the Public
Accounts Committee to inquire into the Dalway affair
efficiently and effectively; and
(2) calls upon the Member for Karama to consider his position on
the Public Accounts Committee and whether, in the best
interests of the Committee, he should resign from the
Committee.".
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 Stirling
Mr Poole Mr Tipiloura
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put and negatived.
Debate continued.
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
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Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mr Parish
Mr Perron Mr Stirling
Mr Poole Mr Tipiloura
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Main question - put and passed.
5. COMMISSIONER OF CONSUMER AFFAIRS REPORT, 1990-91 AND COMMISSIONER OF MOTOR VEHICLE DEALERS
REPORT 1990 - PAPER TABLED - PAPER PRINTED:
The Minister for Health and Community Services (Mr Manzie) laid on the Table the Report of the Commissioner of
Consumer Affairs for 1990-91 and the Report of the Commissioner of Motor Vehicle Dealers for 1990.
Mr Manzie moved - That the Report be printed.
Question - put and passed.
6. NORTHERN TERRITORY PUBLIC SECTOR DEBT - PAPER TABLED - PAPER NOTED:
The Treasurer (Mr Coulter) laid on the Table a report entitled Northern Territory Public Sector Debt, dated August 1992.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Paper.
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Commonwealth Budget Paper No.4, pages 28 and 29.
Debate ensued.
Papers tabled: Mr Ede, by leave, laid on the Table the following Papers -
. "'Global' New Money Borrowings by Commonwealth, State and Territory Semi-Government and Local Authorities",
Table 19, page 65, Commonwealth Budget Paper No.4;
. Page 128, Managing State Finance;
. How the Government Has Performed, (Summary Volume) November 1991, page 11;
. Access Economics, pages 33 to 37, May 1992; and
. Article, "Australia's Black Hole", Business Magazine, August 1992.
Debate continued.
Question - put and passed.
7. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT BILL 1992, DRAFT BILL - PAPER TABLED - PAPER NOTED:
The Minister for Public Employment (Mr Stone) laid on the Table a draft Bill entitled Public Sector Employment and Management Bill 1992.
Mr Stone made a statement relating thereto.
Mr Stone moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.
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8. STANDING ORDERS COMMITTEE, SIXTH REPORT - PAPER TABLED - PAPER PRINTED - REPORT ADOPTED:
The Speaker laid on the Table the Sixth Report of the Standing Orders Committee on Considering Appropriation Bills in Committee
of the Whole and Time Taken in Divisions, dated August 1992.
The Leader of Government Business (Mr Setter) moved - That the Paper be printed.
Question - put and passed.
Mr Setter moved - That the Assembly adopt the Report.
Question - put and passed.
9. SESSIONAL COMMITTEE ON CONSTITUTIONAL DEVELOPMENT - RECOGNITION OF ABORIGINAL CUSTOMARY LAW, DISCUSSION PAPER No.4 - PAPER TABLED - PAPER PRINTED - PAPER NOTED:
The Chairman of the Sessional Committee on Constitutional Development (Mr Hatton) laid on the Table Discussion Paper No.4
entitled "Recognition of Aboriginal Customary Law", dated August 1992.
Mr Hatton moved - That the Paper be printed.
Question - put and passed.
Mr Hatton moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.
10. WITNESSES BEFORE ASSEMBLY COMMITTEES - GUIDELINES - MOTION AGREED TO:
The Member for Karama (Mr Palmer), by leave, moved -
That, unless otherwise ordered and notwithstanding anything contained in the Standing Orders, the following
procedures be followed by Committees of the Assembly when dealing with witnesses and prospective witnesses:
(1) a witness shall be invited to attend a Committee meeting to give evidence: A witness shall be
summoned to appear (whether or not the witness was previously invited to appear) only where
the Committee has made a decision that the circumstances warrant the issue of a summons;
(2) where the Committee desires that a witness produce documents relevant to the Committee's
inquiry, the witness shall be invited to do so, and an order that documents be produced shall be
made (whether or not an invitation to produce documents has previously been made) only where
the Committee has made a decision that the circumstances warrant such an order;
(3) a witness shall be given reasonable notice of a meeting at which the witness is to appear, and shall
be supplied with a copy of the Committee's terms of reference, a statement of the matters expected
to be dealt with during the witness's appearance, and a copy of these procedures: where appropriate,
a witness may be supplied with a transcript of relevant evidence already taken;
(4) if possible, a witness shall be given opportunity to make a submission in writing before appearing to
give oral evidence;
(5) where appropriate, reasonable opportunity shall be given for a witness to raise any matters of concern
to the witness
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relating to the witness's submission or the evidence the witness is to give before the witness appears at
a meeting;
(6) a witness shall be given reasonable access to any documents that the witness has produced to the Committee;
(7) a witness shall be offered, before giving evidence, the opportunity to make application, before or during the
hearing of the witness's evidence, for any or all of the witness's evidence to be heard in private session,
and shall be invited to give reasons for any such application: if the application is not granted, the witness
shall be notified of reasons for that decision;
(8) only in the most extraordinary circumstances shall the Committee table in the Assembly or publish evidence
given in private session and before giving any evidence in private session, a witness shall be informed that it
is within the power of the Committee to authorise publication of such evidence and that the Assembly has the
power to order the production and publication of such evidence;
(9) a Member, in a protest or dissent added to a report, shall not disclose evidence taken in camera unless so
authorised by the Committee;
(10) should the Committee consider it essential that evidence given or information received in private session be
published or that it is essential that such evidence or information be included in the Committee's report the
Chairman or Secretary of the Committee shall make every effort to discuss the matter with the relevant witness
in an effort to minimise any potential damage to the witness which may flow from that publication or usage;
(11) the Chairman shall take care to ensure that all questions put to witnesses are relevant to the Committee's inquiry
and that the information sought by those questions is necessary for the purpose of that inquiry: where a Member
of the Committee requests discussion of a ruling of the Chairman on this matter, the Committee shall deliberate in
private session and determine whether any question which is the subject of the ruling is to be permitted;
(12) where a witness objects to answering any question put to the witness on any ground, including the ground that
the question is not relevant or that the answer may incriminate the witness, the witness shall be invited to state
the ground upon which objection to answering the question is taken: unless the Committee determines immediately
that the question should not be pressed, the Committee shall then consider in private session whether it will insist
upon an answer to the question, having regard to the relevance of the question to the Committee's inquiry and the importance to the inquiry of the information sought by the question: if the Committee determines that it requires an
answer to the question, the witness shall be informed of that determination and the reasons for the determination,
and shall be required to answer the question only in private
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session unless the Committee determines that it is essential to the Committee's inquiry that the question be
answered in public session; and where a witness declines to answer a question to which the Committee has
required an answer, the Committee shall report the facts to the Assembly;
(13) where the Committee has reason to believe that evidence about to be given may reflect adversely on a person,
the Committee shall give consideration to hearing that evidence in private session;
(14) where a witness gives evidence reflecting adversely on a person and the Committee is not satisfied that that
evidence is relevant to the Committee's inquiry, the Committee shall give consideration to expunging that
evidence from the transcript of evidence, and to forbidding the publication of that evidence;
(15) where evidence is given which reflects adversely on a person and action of the kind referred to in paragraph (14)
is not taken in respect of the evidence, the Committee shall provide reasonable opportunity for that person to have
access to that evidence and to respond to that evidence by written submission and appearance before the Committee;
(16) a witness may make application to be accompanied by counsel and to consult counsel in the course of a meeting at
which the witness appears: in considering such an application, the Committee shall have regard to the need for the witness to be accompanied by counsel to ensure the proper protection of the witness: if an application is not granted,
the witness shall be notified of reasons for that decision;
(17) a witness accompanied by counsel shall be given reasonable opportunity to consult counsel during a meeting at which
the witness appears;
(18) an officer of a department of the Territory or of the Commonwealth shall not be asked to give opinions on matters
of policy and shall be given reasonable opportunity to refer questions asked of the officer to superior officers or to a
Minister;
(19) reasonable opportunity shall be afforded to witnesses to make corrections of errors of transcription in the transcript
of their evidence and to put before the Committee additional material supplementary to their evidence; and
(20) where the Committee has any reason to believe that any person has been improperly influenced in respect of evidence
which may be given before the Committee, or has been subjected to or threatened with any penalty or injury in respect
of any evidence given, the Committee shall take all reasonable steps to ascertain the facts of the matter: where the Committee considers that the facts disclose that a person may have been improperly influenced or subjected to or
threatened with penalty or injury in respect of evidence which may be or has been given before the Committee, the
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Committee shall report the facts and its conclusions to the Assembly.
Debate ensued.
Question - put and passed.
11. PUBLICATIONS COMMITTEE, SEVENTH REPORT - PAPER TABLED - REPORT ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Seventh Report of the Publications Committee recommending that the following Papers be printed:
_______________________________________________________________________
Date
Description Tabled
_______________________________________________________________________
Alice Springs College of TAFE, Annual Report 1990 21.5.92
Batchelor College, Annual Report 1990 21.5.92
Northern Territory Architects Board, Annual Report 1988-89 21.5.92
Northern Territory Architects Board, Annual Report 1989-90 21.5.92
Northern Territory Architects Board, Annual Report 1990-91 21.5.92
Northern Territory Open College of TAFE, Annual Report 1990 21.5.92
Northern Territory Plumbers and Drainers Licensing Board,
Annual Report for the year ended 30 September 1991 12.5.92
Northern Territory Rural College, Annual Report 1990 21.5.92
Public Service Commissioner and the Department of Labour
and Administrative Services, Annual Report 1990-91 21.5.92
Publications and Films Review Board, Annual Report for the
years ending 31 December 1990 and 1991 12.5.92
Road Safety Council of the Northern Territory, Annual Report 1991 21.5.92
Mr Setter moved - That the Assembly adopt the Report.
Question - put and passed.
12. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until
Tuesday 22 September 1992 at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker,
pursuant to Sessional Order.
Question - put and passed.
13. YULARA TOURIST VILLAGE MANAGEMENT AMENDMENT BILL (No.2) 1992 (Serial 172):
The Minister for Industries and Development (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the Yulara
Tourist Village Management Act.
Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
14. LEGISLATIVE ASSEMBLY (POWERS AND PRIVILEGES) BILL 1992 (Serial 173):
The Treasurer (Mr Coulter), at the request and on behalf of the Chief Minister (Mr Perron), pursuant to notice, presented a Bill
for an Act relating to the powers (other than legislative powers), privileges and immunities of the Legislative Assembly, and
for other purposes.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
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15. CLASSIFICATION OF PUBLICATIONS AND FILMS AMENDMENT BILL 1992 (Serial 169):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Classification of Publications
and Films Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
16. LEGAL AID AMENDMENT BILL 1992 (Serial 171):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Legal Aid Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
17. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 1992 (Serial 175):
The Minister for Tourism (Mr Vale), pursuant to notice, presented a Bill for an Act to amend the Northern Territory
Tourist Commission Act.
Bill read a first time.
Mr Vale moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
18. WORK HEALTH AMENDMENT BILL 1992 (Serial 174):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
19. TERRITORY INSURANCE OFFICE AMENDMENT BILL 1992 (Serial 176):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Territory
Insurance Office Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.
20. PROPOSED SUSPENSION OF STANDING ORDERS - PUBLIC ACCOUNTS COMMITTEE MEETING PROCEDURES -
MOTION NEGATIVED:
The Deputy Leader of the Opposition (Mr Bailey) moved - That so much of Standing Orders be suspended as would prevent
him moving the following motion forthwith - That the following matters be referred to the Standing Orders Committee for
consideration and report:
(a) procedures currently being followed by the Public Accounts Committee whereby -
(i) a meeting can be called at midday for 2.00 p.m.;
(ii) no prior notice of the matters to be considered by the Committee was given;
(iii) no detailed agenda was available at the meeting; and
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(iv) no discussion was permitted on the only matter raised at the meeting; and
(b) the Committee report to the Assembly on the correctness and propriety of such procedures.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
Question - 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 Stirling
Mr Poole Mr Tipiloura
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion to suspend Standing Orders 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 Stirling Mr Perron
Mr Tipiloura Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Motion negatived accordingly.
21. APPROPRIATION BILL 1992-93 (Serial 163):
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.
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Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
. Tragedy and Hope, pages 50 to 69.
Debate continued.
Ordered - That the debate be adjourned until a later hour and that the Minister for Education (Mr Stone) have leave to
continue his speech on the resumption of the debate.
Debate adjourned.
22. ENERGY RESOURCE CONSUMPTION LEVY AMENDMENT BILL 1992 (Serial 164); STAMP DUTY AMENDMENT
BILL 1992 (Serial 165); TAXATION (ADMINISTRATION) AMENDMENT BILL 1992 (Serial 170); FINANCIAL INSTITUTIONS
DUTY AMENDMENT BILL 1992 (Serial 166); PAY-ROLL TAX AMENDMENT BILL 1992 (Serial 167); and BUSINESS
FRANCHISE AMENDMENT BILL 1992 (Serial 168):
Suspension of Standing Orders - Pass six bills through all stages: The Treasurer (Mr Coulter) moved - That so much of Standing Orders be suspended as would prevent the Energy Resource Consumption Levy Amendment Bill 1992 (Serial 164); Stamp Duty Amendment Bill 1992 (Serial 165); Taxation (Administration) Amendment Bill 1992 (Serial 170); Financial Institutions Duty Amendment
Bill 1992 (Serial 166); Pay-roll Tax Amendment Bill 1992 (Serial 167); and Business Franchise Amendment Bill 1992 (Serial 168)
passing through all stages at this sitting.
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 -
Suspension of Standing Orders: Mr Coulter moved - That so much of Standing Orders be suspended as would prevent the Energy Resource Consumption Levy Amendment Bill 1992 (Serial 164); Stamp Duty Amendment Bill 1992 (Serial 165); Taxation (Administration) Amendment Bill 1992 (Serial 170); Financial Institutions Duty Amendment Bill 1992 (Serial 166); Pay-roll Tax Amendment Bill 1992 (Serial 167); and Business Franchise Amendment Bill 1992 (Serial 168) -
(a) being considered 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.
Debate resumed.
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 Treasurer (Mr Coulter) the Bills were read a third time and passed to be proposed laws.
23. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Page 444
Papers tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Papers -
. Letter, Mr John Bailey, MLA, Member for Wanguri to Mr D Wormald, Town Clerk, Darwin City Council, dated 14 April 1992;
. Letter, Mr Dave Wormald, Town Clerk, Darwin City Council to Mr John Bailey, MLA, Member for Wanguri, dated 18 May 1992;
. Letter, Mr John Britton, Chairman, Henbury Avenue School to Mr D. Wormald, Town Clerk, Darwin City Council, dated 18 May 1992;
. Letter, Mr John Britton, Chairperson, Henbury Avenue School Council to Mr John Bailey, MLA, dated 18 May 1992;
. Letter, H.A.S. McClelland, Secretary, Holy Spirit Interim School Board to Mr D. Wormald, Town Clerk, Darwin City
Council, dated 12 June 1992;
. Letter, Mr John Bailey, MLA, Member for Wanguri to Mr B. Pascoe, Chairman, Wanguri School Council, dated 7 August 1992;
. Letter to Residents from Mr John Bailey, MLA, Member for Wanguri, dated 13 August 1992; and
. Letter, Mr R.S.V. (Bob) Pascoe, Chairperson, Wanguri Primary School, School Council to Mr David Young, Urban Planning
Manager, Land Transport Branch, Department of Transport and Works, dated 17 August 1992.
Debate continued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Report to the Legislative Assembly of the Northern Territory by Mr Neil Bell, MLA, dated August 1992.
Debate continued.
Question - put and passed.
The Assembly adjourned at 10.35 p.m. until Tuesday 22 September 1992 at 10.00 a.m. or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
====================
PAPERS:
The following Papers were deemed to have been presented on Thursday 20 August 1992:
Annual Reports:
Northern Territory Open College of TAFE, 1991
Northern Territory Rural College, 1991
Northern Territory University, 1991
Office of the Director of Public Prosecutions, Northern Territory, 1991-92.
====================
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ATTENDANCE:
All Members attended the sitting.
H G SMITH
Clerk of the Legislative Assembly.
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Last updated: 04 Aug 2016