Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1991-05-01

Sixth Assembly First Session 30/04/1991 Parliamentary Record No. 3
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Date : 01/05/1991
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.

2. PRAYERS.

3. PETITIONS:
Mr Hatton presented a petition from 828 citizens of the Northern Territory requesting the Assembly prevent the closure of certain Northern Territory schools.
Petition read.
Mr Bailey presented a petition from 363 citizens of the Northern Territory requesting the Assembly prevent the closure of Tiwi Primary School.
Mr Bailey presented a further petition from 1899 citizens of the Northern Territory requesting the Assembly prevent the closure of certain Northern Territory schools.
Petitions read.

4. NOTICES:
The following notices were given:
Mr Coulter: To present the Pay-roll Tax Amendment Bill 1991 (Serial 50).
Mr Coulter: To present the Business Franchise Amendment Bill 1991 (Serial 51).
Mr Coulter: To present the Financial Institutions Duty Amendment Bill 1991 (Serial 52).
Mr Coulter: To present the Stamp Duty Amendment Bill 1991 (Serial 55).
Mr Coulter: To present the Taxation (Administration) Amendment Bill 1991 (Serial 56).

5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -

. Letter, Hon. Marshall Perron, MLA, Chief Minister to Hon.
R.J.L. Hawke, AC, MP, Prime Minister, dated 20 April 1990.

Further questions were asked of Ministers.

6. PROPOSED CENSURE OF MINISTER FOR EDUCATION, CLOSURE OF SCHOOLS - MOTION, AS AMENDED, AGREED TO:
Suspension of Standing Orders: The Member for Macdonnell (Mr Bell) moved - That so much of Standing Orders be suspended as would prevent him
moving a motion to censure the Minister for Education (Mr Stone).
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Bell thereupon moved - That this Assembly censure the Minister for Education for:

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(1) failing to consult with parents, teachers and the community about the closure of 11 pre- and primary schools;

(2) the distress caused to students and their parents by the closure of 11 pre- and primary schools;

(3) compromising the quality of education of Territory children for short term cost savings; and

(4) retaining a bloated administration while diminishing the number of face-to-face teachers.

Debate ensued.
Paper tabled: Mr Bell, by leave, laid on the Table the following Paper -

. Letter, Mr N.R. Bell, MLA to Hon. Shane Stone, MLA, Minister for Education, dated 18 April 1991.

Debate continued.
Papers tabled: Mr Bell, by leave, laid on the Table the following further Papers -

. Department of Education Bulletin, No. 10, dated November 1985; and

. Millner Primary School Council, Circular.

Debate continued.
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Suspension of sitting: The sitting was suspended between 12.01 p.m. and 2.00 p.m.
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Debate continued.
Paper tabled: The Member for Wanguri (Mr Bailey), by leave, laid on the Table the following Paper -

. Report on the Use of Government School Facilities, Ministerial Task Force, dated April 1991.

Debate continued.
The Attorney-General (Mr Manzie) moved the following amendment -

Omit all words after "That" and insert in their stead: "This Assembly commends the Minister for Education for -

(1) establishing a Task Force to consult with Principals, School Councils, Parents and the community about the
closure of 8 pre- and primary schools;

(2) alleviating the distress caused to students and parents by personal communication with parents and ensuring
that action is in hand to provide all programs at receiving schools and allowing schools and parents until the
end of 1991 to make the arrangements necessary for their children for 1992;

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(3) ensuring the quality of education for all Territory children; and

(4) for making the highest proportion of reductions outside the 'school fence'.".

Debate ensued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -

AYES, 16 NOES, 9

Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Lanhupuy
Mr McCarthy Mr Smith
Mr Ortmann Mr Stirling
Mrs Padgham-Purich Mr Tipiloura
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale

Amendment agreed to.
Question - That the motion, as amended, be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -

AYES, 16 NOES, 9

Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Lanhupuy
Mr McCarthy Mr Smith
Mr Ortmann Mr Stirling
Mrs Padgham-Purich Mr Tipiloura
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale

And so it was resolved in the affirmative.

7. PERSONAL EXPLANATION:
The Member for Greatorex (Mr Collins), by leave, made a personal explanation relating to comments made by the Member for Macdonnell (Mr Bell)
during the previous debate.

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8. PUBLIC SECTOR DEBT - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Treasurer (Mr Coulter) made a Statement relating to Northern Territory Public Sector Debt.
Paper tabled: Mr Coulter laid on the Table the following Paper -

. Northern Territory Public Sector Debt, Treasury, dated April 1991.

Mr Coulter moved - That the Assembly take note of the Statement.
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -

. Public Sector Debt and Graphs.

Debate continued.
Papers tabled: The Member for Karama (Mr Palmer), by leave, laid on the Table the following Papers -

. Nakara School - Asset: Estimate Summary by Department of Transport and Works; and

. Nakara School - Asse: Forward Planning Maintenance Estimate by Department of Transport and Works.

Debate continued.
On the motion of the Member for Goyder (Mr McCarthy) debate was adjourned.

9. MINING AMENDMENT BILL (No. 2) 1991 (Serial 47):
The Minister for Mines and Energy (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Mining Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.

10. SUSPENSION OF STANDING ORDERS - TAKE TWO BILLS TOGETHER:
The Minister for Conservation (Mr Reed) moved - That so much of Standing Orders be suspended as would prevent two Bills, the Heritage Conservation Bill 1991
(Serial 24) and the Valuation of Land Amendment Bill 1991 (Serial 44) -

(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills together; and

(b) the consideration of the Bills separately in 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.

11. HERITAGE CONSERVATION BILL 1991 (Serial 24); and VALUATION OF LAND AMENDMENT BILL 1991 (Serial 44):
The Minister for Conservation (Mr Reed), pursuant to notice, presented a Bill for an Act relating to the natural and cultural heritage of the

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Northern Territory and a Bill for an Act to amend the Valuation of Land Act.
Bills read a first time.
Mr Reed moved - That the Bills be now read a second time.
Paper tabled: Mr Reed laid on the Table the following Paper -

. Draft Heritage Conservation Regulations.

On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.

12. SUSPENSION OF STANDING ORDERS - TAKE TWO BILLS TOGETHER:
The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent two Bills, the Juvenile Justice Amendment Bill 1991
(Serial 45) and the Law Reform (Miscellaneous Provisions) Amendment Bill 1991 (Serial 46) -

(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills together; and

(b) the consideration of the Bills separately in 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.

13. JUVENILE JUSTICE AMENDMENT BILL 1991 (Serial 45); and LAW REFORM MISCELLANEOUS PROVISIONS) AMENDMENT BILL 1991 (Serial 46):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Juvenile Justice Act and a Bill for an Act to amend the Law Reform (Miscellaneous Provisions) Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.

14. ESTIMATES REVIEW COMMITTEE - STATEMENT NOTED:
The order of the day having been read for the resumption of the debate on the motion of the Chief Minister (Mr Perron) - That the Assembly take note of the Statement -
Debate ensued.
Question - put and passed.

15. MINING AMENDMENT BILL 1991 (Serial 25):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Mines and Energy (Mr Coulter) the Bill was read a third time and passed to be a proposed law.

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16. REMUNERATION TRIBUNAL REPORTS 1991 - DETERMINATION No. 1 of 1991, MINISTERS AND MEMBERS OF THE NORTHERN TERRITORY LEGISLATIVE ASSEMBLY; RECOMMENDATION No. 1 of 1991, JUDGES OF THE NORTHERN TERRITORY SUPREME COURT; and RECOMMENDATION No. 2 of 1991, MAGISTRATES OF THE NORTHERN TERRITORY - PAPERS PRINTED:
The order of the day having been read for the resumption of the debate on the motion of the Chief Minister (Mr Perron) - That the Papers be printed -
Question - put and passed.

17. REAL PROPERTY AMENDMENT BILL 1991 (Serial 20); and REAL PROPERTY (CONSEQUENTIAL AMENDMENTS) BILL 1991 (Serial 21):
The order of the day having been read for the resumption of the debate on the question - That the Bills be now read a second time -
Debate resumed.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bills.
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In the Committee
(Chairman - Mr Poole)

Real Property Amendment Bill 1991 (Serial 20):

Bill, by leave, taken as a whole.

The Member for Macdonnell (Mr Bell), by leave, moved the following amendment -

Omit from clause 18 proposed new section 191E(6).

Debate ensued.
Amendment negatived.
Mr Bell, by leave, moved the following further amendment -

Omit from clause 20(b) "10 years" and insert "3 years".

Debate ensued.
Amendment negatived.
Question - That the Bill stand as printed - put and passed.
Bill to be reported without amendment.

Real Property (Consequential Amendments) Bill 1991 (Serial 21):

Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -

SCHEDULE

Insert after the item relating to the Special Purposes Leases Act the following:

"Taxation
(Administration)
Act

Section 56F(1) 'prescribed 'form prescribed for that
form' purpose under the Real
Property Act'

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Sections 56G, 'Book'
56H and 56J (wherever
occurring)".

Bill, as amended, agreed to.
Bill to be reported with an amendment.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills and agreed to the Real Property Amendment Bill 1991 (Serial 20) without amendment and the Real Property (Consequential Amendments) Bill 1991 (Serial 21) with an amendment.
On the motion of the Attorney-General (Mr Manzie) the Bills were read a third time and passed to be proposed laws.

18. MULHOLLAND INQUIRY, EDITED ADVICE RE NORTHERN TERRITORY INVESTIGATIONS - PAPERS TABLED - STATEMENT - PAPER PUBLISHED AND PRINTED:
The Speaker, in accordance with the Resolution of the Assembly of Tuesday 30 April 1991, laid on the Table the following Papers -

. Advice Re: Northern Territory Investigations (Edited) by Mr Robert Mulholland, QC and Ms Roslyn Atkinson; and

. Letter, Tom Pauling, QC, Solicitor-General to Hon. N.M. Dondas, MLA, Speaker, dated 1 May 1991.

The Speaker made a Statement relating thereto.
The Chief Minister (Mr Perron), by leave, moved - That -

(1) this Assembly, in accordance with the provisions of the Legislative Assembly (Powers and Privileges) Act, authorize
the publication of the advice from Mr Robert Mulholland, QC, and Ms Roslyn Atkinson, from which certain matter has
been deleted; and

(2) the Paper be printed.

Question - put and passed.

19. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No. 8 relating to the Remuneration Tribunal Amendment Bill 1991 (Serial 31) be called on forthwith.
Question - put and passed.

20. REMUNERATION TRIBUNAL AMENDMENT BILL 1991 (Serial 31):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Chief Minister (Mr Perron) the Bill was read a third time and passed to be a proposed law.

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21. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 9.54 p.m. until tomorrow at 10.00 a.m.
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ATTENDANCE:
All Members attended the sitting.

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Last updated: 04 Aug 2016