Minutes of Proceedings - 1993-03-02
Sixth Assembly First Session 23/02/1993 Parliamentary Record No. 15
__________________________________________________________________________________
Date : 02/03/1993__________________________________________________________________________________
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. NOTICES:
The following notices were given:
Mr Parish: To move - That this Assembly -
1. notes the disastrous consequences for the public finances of the Government's approach to selective
industry assistance; and
2. strongly endorses the provision of non-discriminatory industry assistance measures as
a proper function of Government.
Mr Coulter: To present the Superannuation Guarantee (Safety Net) Bill 1993 (Serial 217).
Mr Ede: To move - That this Assembly -
1. notes that systems of responsible Government in the various Australian States have been having
difficulty in maintaining a proper system of checks and balances and that these difficulties are
exacerbated in a unicameral system of government; and
2. calls on the Northern Territory Government to give early and serious consideration to introducing:
(a) freedom of information legislation;
(b) legislation to ensure full disclosure of donations to political parties;
(c) expanded and improved disclosure legislation for Members of Parliament, their families
and heads of departments;
(d) whistleblowers legislation;
(e) a written, binding code of conduct on Cabinet Ministers; and
(f) a mechanism for review of administrative actions.
Mr Perron: To present the Financial Administration and Audit Amendment Bill 1993 (Serial 205).
Mr Bailey: To move - That this Assembly -
1. reaffirms the independence of the Public Accounts Committee; and
2. confirms the right of the Committee to act on its own initiative to examine all those matters
relating to the receipt, control, issue or payment of public moneys and matters ancillary thereto,
pursuant to Standing Order 21A, free from restraint.
Mr Stone: To present the Administration and Probate Amendment Bill 1993 (Serial 216).
Mr Stone: To present the Justices Amendment Bill 1993 (Serial 214).
Mr Stone: To present the Coroners Bill 1993 (Serial 220).
Mr Stone: To present the Mining Amendment Bill 1993 (Serial 218).
Mr Stone: To present the Legal Practitioners Amendment Bill 1993 (Serial 215).
Mr Rioli: To move - That this Assembly -
1. notes the contents of the report of the Mining Board of the Northern Territory on the safety
record of Woodcutters Mine;
2. calls for the Government to undertake an independent review of mine safety inspection and
regulation in the Northern Territory; and
3. orders that the Minister table such independent report in the Assembly within five sitting days of
its completion.
Mr Hatton: To present the Pastoral Land Amendment Bill 1993 (Serial 210).
Mr Bailey: To move - That this Assembly -
1. applauds the Commonwealth Government's initiative in establishing the Australia Television
International service in Darwin;
2. calls on the Minister for Asian Relations and Trade to support this initiative; and
3. calls on the Government to work cooperatively with this service to enhance the Northern Territory's
image in our region.
Mr Finch: To present the Public Sector Employment and Management (Consequential Amendment) Bill 1993 (Serial 195).
Mr Ede: To move - That this Assembly -
1. notes with concern the Northern Territory's appalling record as a violent society;
2. notes that the Northern Territory Government lacks an overall coordinated crime strategy; and
3. calls on the Northern Territory Government to table such a strategy in the May 1993 sittings of this
Assembly.
Mr Bell: To present the Legal Practitioners Amendment Bill 1993 (Serial 222).
Mr Reed: To present the Hospital Management Boards Amendment Bill 1993 (Serial 211).
Mr Reed: To present the Tobacco Amendment Bill 1993 (Serial 213).
Mr Reed: To present the Disability Services Bill 1993 (Serial 219).
Mrs Hickey: To present the Kava Control Bill 1993 (Serial 221).
Mr Ortmann: To present the Aerodromes Bill 1993 (Serial 212).
Mr Ortmann: To present the Darwin Port Authority Amendment Bill 1993 (Serial 201).
Mr Bell: To move -
That the definition of a juvenile offender is that the person is less than 18 at the time of commission of
the offence and this Assembly supports:
(1) amending the Juvenile Justice Act to give effect to this; and
(2) giving the Courts the power to order those juveniles who will turn 18 while in juvenile
detention to serve the balance of their sentences in an adult prison.
4. DISTINGUISHED VISITOR - MR R. STEELE:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mr Roger Steele, a former Member
and Speaker of the Legislative Assembly.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitor.
5. FILMING IN THE CHAMBER:
The Speaker advised Members that he had given permission for ABC Television to update file footage in the Chamber today.
6. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Chief Minister (Mr Perron) laid on the Table the following Paper -
Letter, Hon P.J. Keating, MP, Prime Minister to Hon. M.B. Perron, MLA, Chief Minister, dated 28 August 1992.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
Liberal and National Parties - Position Paper - "Our Northern Potential - A Statement of Our
Initiatives for Northern Australia", prepared by Senator Grant Tambling, dated 22 February 1993.
Further questions were asked of Ministers.
Paper tabled: Mr Perron laid on the Table the following Paper -
Adelaide-Darwin Railway, Australian National Report January 1993, dated 2 March 1993.
Further questions were asked of Ministers.
7. DALWAY REPORT, PUBLIC ACCOUNTS COMMITTEE - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE REPORT:
The Speaker laid on the Table, pursuant to the Terms of the Resolution of the Assembly dated 25 November 1992, the
"Report on the Purchase, Operation and Sale of Dalway Pty Ltd", which was provided by the Chairman of the Public
Accounts Committee on 1 March 1993.
The Chairman of the Public Accounts Committee (Mr Palmer) moved - That the Report be printed.
Question - put and passed.
Mr Palmer moved - That the Assembly take note of the Report.
The Leader of Government Business (Mr Setter) moved - That the debate be adjourned -
The Member for Macdonnell (Mr Bell), by leave, made a statement relating thereto.
Question - put and passed.
8. REPORT OF OMBUDSMAN - COMPLAINT BY MR J. BLAKE RE: SALE OF DALWAY - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE REPORT:
The Attorney-General (Mr Stone) laid on the Table "A Report pursuant to section 26(2) of the Ombudsman (Northern
Territory) Act 1978 on an investigation of a complaint by Mr J. Blake relating to the Sale of Dalway Pty Ltd by the
Department of Industries and Development.".
Mr Stone moved - That the Report be printed.
Question - put and passed.
Mr Stone moved - That the Assembly take note of the Report.
Ordered - That Mr Stone have leave to continue his remarks at a later hour.
9. SUSPENSION OF STANDING ORDERS - DALWAY REPORT, BY PUBLIC ACCOUNTS COMMITTEE AND REPORT OF OMBUDSMAN RE: COMPLAINT BY MR J. BLAKE - COGNATE DEBATE:
The Leader of Government Business (Mr Setter) moved - That so much of Standing Orders be suspended, as would prevent -
(1) Government Business Orders of the Day relating to the Report by the Public Accounts Committee on the
Purchase, Operation and Sale of Dalway Pty Ltd and the Report of the Ombudsman on an Investigation of
a Complaint by Mr J. Blake relating to the Sale of Dalway Pty Ltd being considered cognately; and
(2) the questions relating to those Orders of the Day being put in one motion to take note of the
Reports.
Debate ensued.
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, 11
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 Parish
Mr Poole Mr Rioli
Mr Reed Mr Stirling
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, 10
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 Mrs Padgham-Purich
Mr Ortmann Mr Parish
Mr Palmer Mr Rioli
Mr Perron Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
10. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business, Orders of the Day relating to the
Report on the Purchase, Operation and Sale of Dalway Pty Ltd and the Report of the Ombudsman on an Investigation of a
Complaint by Mr J. Blake relating to the Sale of Dalway Pty Ltd be called on forthwith.
Question - put and passed.
11. DISCHARGE OF WITNESSES - PUBLIC ACCOUNTS COMMITTEE:
The Speaker advised that all witnesses involved in the Public Accounts Committee investigation into the purchase,
operation and sale of Dalway Pty Ltd. be discharged.
12. DALWAY REPORT, BY PUBLIC ACCOUNTS COMMITTEE AND REPORT OF OMBUDSMAN RE: COMPLAINT BY MR J. BLAKE ON SALE OF DALWAY PTY LTD. - REPORTS NOTED:
The Orders of the Day having been read for resumption of the debate on the question - That the Assembly take note of the
Reports -
Debate resumed.
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Suspension of sitting: The sitting was suspended between 12.02 p.m. and 2.00 p.m.
____________________
Debate resumed.
____________________
Distinguished visitors - Mr P. Schmeiser and Mrs D. Lawrie:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mr Percy Schmeiser, former Member
of the Legislative Assembly of Saskatchewan, Canada, and Mrs Schmeiser; and also of the presence of Mrs Dawn Lawrie,
a former Member of the Legislative Assembly of the Northern Territory.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitors.
____________________
Debate continued.
Question - put and passed.
13. ALCOHOL USE IN THE NORTHERN TERRITORY - PAPER TABLED - PAPER NOTED:
The Chief Minister (Mr Perron) laid on the Table a report on a survey conducted by the Alcohol Policy Unit of the
Department of the Chief Minister on Alcohol Use in the Northern Territory in February-March 1992.
Mr Perron moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.
14. BUILDING BILL 1993 (Serial 206):
The Minister for Lands, Housing and Local Government (Mr Hatton), pursuant to notice, presented a Bill for an Act
to provide for the establishing of technical standards for buildings, the registration of building practitioners and
certifiers, the regulation of building matters, the granting of building and occupancy permits and the establishing of a
building appeal process, and for related purposes.
Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.
15. MT TODD PROJECT AGREEMENT RATIFICATION BILL 1992 (Serial 199):
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.
Papers tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Papers -
Letter, Hon. S.P. Hatton, MLA, Minister for Aboriginal Development to Mr N.R. Bell, MLA, dated
23 February 1993; and
Letter, Hon. S.P. Hatton, MLA, Minister for Aboriginal Development to Mr N.R. Bell, MLA, dated
24 February 1993.
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.
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In the Committee
(Chairman - Mr McCarthy)
Clauses 1 to 5, by leave, taken together and agreed to.
Schedule read.
On the motion of the Minister for Mines and Energy (Mr Stone) the following amendments, by leave, were taken together and agreed to -
Omit all words after "for the purposes of:" in the definition of "Mt Todd Project" in clause (1) of the
Agreement and insert in their stead the following:
"(a) mining of Ore;
(b) processing and treatment of Ore;
(c) storing Ore;
(d) exploration for minerals; and
(e) for such other purposes in connection with the
Mt Todd Project as are necessarily incidental
to paragraphs (a), (b), (c) and (d).";
Omit from clause 3 in the Agreement "Mt Todd Project
Agreement Ratification Act 1992" and insert in its
stead "Mt Todd Project Agreement Ratification Act
1993";
Omit from clause 4 in the Agreement subclause (5)
and insert in its stead the following:
"(5)The Minister shall grant the mineral leases
referred to in subclauses (1) and (2) of this
clause for terms of 25 years, notwithstanding
there being no recommendation of the Warden
for the grant of the mineral lease referred to
in subclause (2) of this clause and cause the
mineral leases referred to in subclause (1) of
this clause to be transferred to the
Company.";
Omit from subclause (6) of clause 4 of the Agreement
"for a further term" and insert in its stead "for
further terms";
Omit clause 7 from the Agreement;
Omit from subclause (1) of clause 11 of the
Agreement "clause 18" and insert in its stead "clause 17";
Omit from paragraph (b) of subclause (1) of clause
17 of the Agreement "clause 16" and insert in its
stead "clause 15";
Omit from subclause (2) of clause 18 of the
Agreement "clause 17" and insert in its stead "clause 16";
Omit from clause 22 of the Agreement "Mt Todd
Project Agreement Ratification Act 1992" and insert in
its stead "Mt Todd Project Agreement Ratification Act 1993";
Omit from the attestation provision of the Agreement
"BARRY FRANCIS COULTER" and insert in its stead "SHANE
LESLIE STONE"; and
Omit Annexure A to the Agreement and insert in its
stead the following:
"ANNEXURE A
Existing tenements held by the Company as at 1 October 1992
______________________________________________________
TITLE LOCATION AREA GRANT DATE
HOLDER
______________________________________________________
mc N356 Katherine 33.00 ha 24 August 1987
Zapopan NL
mc N357 Katherine 16.19 24 August 1987
Zapopan NL
mc N358 Katherine 32.00 24 August 1987
Zapopan NL
mc N359 Katherine 16.19 24 August 1987
Zapopan NL
mc N360 Katherine 16.00 24 August 1987
Zapopan NL
mc N361 Katherine 16.00 24 August 1987
Zapopan NL
mc N362 Katherine 16.00 24 August 1987
Zapopan NL
mc N363 Katherine 15.00 24 August 1987
Zapopan NL
mc N364 Katherine 15.00 24 August 1987
Zapopan NL
mc N365 Katherine 15.00 24 August 1987
Zapopan NL
mc N366 Katherine 15.00 24 August 1987
Zapopan NL
mc N367 Katherine 15.00 24 August 1987
Zapopan NL
mc N368 Katherine 15.00 24 August 1987
Zapopan NL
mc N369 Katherine 15.00 24 August 1987
Zapopan NL
mc N370 Katherine 16.00 24 August 1987
Zapopan NL
mc N371 Katherine 16.00 24 August 1987
Zapopan NL
mc N372 Katherine 11.52 24 August 1987
Zapopan NL
mc N373 Katherine 15.00 24 August 1987
Zapopan NL
mc N374 Katherine 08.00 24 August 1987
Zapopan NL
mc N375 Katherine 08.00 24 August 1987
Zapopan NL
mc N563 Katherine 33.00 31 August 1983
Zapopan NL
mc N1153 Katherine 16.00 03 March 1987
Zapopan NL
mc N1154 Katherine 09.00 03 March 1987
Zapopan NL
mc N1155 Katherine 08.00 03 March 1987
Zapopan NL
mc N1157 Katherine 16.00 03 March 1987
Zapopan NL
mc N1159 Katherine 16.00 03 March 1987
Zapopan NL
mc N1396 Katherine 15.90 06 October 1987
Zapopan NL
mc N1397 Katherine 04.70 06 October 1987
Zapopan NL
mc N1398 Katherine 14.90 06 October 1987
Zapopan NL
mc N1655 Katherine 06.00 10 December 1987
Zapopan NL
mc N1656 Katherine 15.70 10 December 1987
Zapopan NL
mc N1657 Katherine 14.70 10 December 1987
Zapopan NL
mc N1658 Katherine 08.90 10 December 1987
Zapopan NL
ml M943 Katherine 07.05 06 November 1973
Zapopan NL
ml N944 Katherine 08.09 06 November 1973
Zapopan NL
ml N945 Katherine 09.00 01 May 1975
Zapopan NL
ml N946 Katherine 08.09 01 May 1975
Zapopan NL
ml N947 Katherine 08.08 01 May 1975
Zapopan NL
ml N948 Katherine 04.04 07 January 1975
Zapopan NL
ml N950 Katherine 08.08 23 July 1975
Zapopan NL
erl90 Katherine 664.80 05 October 1989
Zapopan NL
erl91 Katherine 664.80 05 October 1989
Zapopan NL
erl93 Katherine 621.00 05 October 1989
Zapopan NL
erl99 Katherine 574.00 05 October 1989
Zapopan NL
erl112 Katherine 165.00 14 May 1990
Zapopan NL
erl113 Katherine 841.00 14 May 1990
Zapopan NL
erl114 Katherine 237.00 14 May 1990
Zapopan NL ".
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On the motion of Mr Stone, by leave, the following further amendment was agreed to -
Insert the following signatories to the Agreement -
"For the Northern Territory:
(Sgd) - Shane L. Stone
(Sgd) - Robert L. Adams
And for Zapopan N.L.:
(Sgd) - Terrence John Strapp
(Sgd) - Kenneth Ross McColl".
Schedule, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was
adopted.
On the motion of Mr Stone the Bill was read a third time and passed to be a proposed law.
16. DISCHARGE OF BUSINESS:
The Minister for Public Employment (Mr Finch) moved - That the Public Sector Employment and Management Bill 1992
(Serial 193) be discharged from the Notice Paper.
Question - put and passed.
17. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT BILL 1993 (Serial 193):
The Minister for Public Employment (Mr Finch), by leave, presented a Bill for an Act for the regulation of the Public
Service of the Northern Territory and the human resource administration and management of other agencies established
for government or public purposes, and for related purposes.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Leader of Government Business (Mr Setter) debate was adjourned.
18. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT BILL 1993 (Serial 193); and PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT (TRANSITION AND SAVINGS) BILL 1992 (Serial 198):
Suspension of Standing Orders: The Leader of Government Business (Mr Setter), by leave, moved - That so much of
Standing Orders be suspended as would prevent the Public Sector Employment and Management Bill 1993 (Serial 193) -
(a) passing through all stages at these sittings; and
(b) and Orders of the Day Government Business relating to the Public Sector Employment and
Management (Transition and Savings) Bill 1992 (Serial 198) -
(i) 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
(ii) 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.
The order of the day having been read for the resumption of the debate on the question - That the Bills be now read a
second time -
Debate resumed.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Public Sector Employment and Management Bill 1993 (Serial 193):
Clauses 1 to 4, by leave, taken together and agreed to.
The Member for Nhulunbuy (Mr Stirling) moved - That the following new clauses be inserted in the Bill -
"4A. PRINCIPLES OF PUBLIC ADMINISTRATION AND MANAGEMENT
"The following principles of public administration and management shall be observed in the Public Sector:
(a) the Public Sector shall be administered in a
manner which emphasises the importance of
optimum service to the community;
(b) the formulation and delivery of information
and advice to the Government shall be done in
an objective and impartial manner, and with
integrity;
(c) administrative responsibility and authority
shall be clearly defined to allow the
expeditious discharge of that responsibility
and exercise of authority with appropriate
levels of accountability;
(d) the public sector shall be structured and
administered so as to enable decisions to be
made and actions taken without excessive
formality and with a minimum of delay;
(e) Public Sector resources shall be deployed so
as to ensure their most efficient and
effective use;
(f) proper standards of financial management and
accounting shall be exercised at all times.
"4B. PRINCIPLES OF HUMAN RESOURCES MANAGEMENT
"The following principles of human resources
management shall be observed in the Public Sector:
(a) the selection of persons to fill vacancies in
the Public Sector shall be on the basis of
merit;
(b) human resources management actions shall be
taken in such a manner as to ensure the
exclusion of nepotism, patronage,
favouritism, and unlawful and unjustified
discrimination on any ground in respect of
all employees and persons seeking employment
in the Public Sector;
(c) employees shall be treated fairly and
consistently and shall not be subject to
arbitrary or capricious administrative acts;
(d) human resources administration and management
in the Public Sector shall be consistent with
the principles of equal employment
opportunity;
(e) public sector employees shall be -
(i) afforded reasonable, independent
avenues of redress against improper
or unreasonable administrative acts;
(ii) provided with safe and healthy
working conditions;
(iii) afforded reasonable access to
training and development; and
(iv) remunerated at rates commensurate
with their responsibilities.
"4C. PRINCIPLES OF CONDUCT
"The following principles of conduct shall be
observed by all employees:
(a) Public Sector employees shall perform
their official duties with skill,
impartiality, professionalism and integrity;
(b) Public Sector employees shall disclose
their private financial and other interests
where those interests may, or may appear to
conflict with their official duties, and
shall take all reasonable steps to prevent
such conflict;
(c) Public Sector employees who are
responsible for incurring or authorising
expenditure shall exercise due economy and
ensure the efficient and economical use of
Government resources and facilities;
(d) Public Sector employees shall not take
advantage of their official duties, status,
powers or authority in order to seek or
obtain a benefit for themselves or for any
other person or body;
(e) Public Sector employees shall exercise
proper courtesy, consideration and
sensitivity and shall act with fairness and
equity in all their dealings with members of
the public and with other employees;
(f) Public Sector employees shall not engage
in improper conduct, in their official
capacity or otherwise, that adversely affects
the performance of their duties or brings the
Public Sector into disrepute.".
Debate ensued.
Proposed new clauses negatived.
Clauses 5 to 15, by leave, taken together and agreed to.
Clause 16 read.
Mr Stirling moved the following amendment -
Omit from subclause (3) "Sections 57 and 63 of the
Interpretation Act do" and insert in its stead
"Section 57 of the Interpretation Act does".
Debate ensued.
Amendment negatived.
Clause 16 agreed to.
Clauses 17 to 29, by leave, taken together and agreed to.
Clause 30 read.
Mr Stirling moved the following amendment -
Omit subclause (1)(b).
Debate ensued.
Amendment negatived.
Mr Stirling moved the following further amendment -
Omit from subclauses (3) and (4) "subsection (1)(a)"
and insert in its stead "subsection (1)".
Amendment negatived.
Clause 30 agreed to.
Clauses 31 to 44, by leave, taken together and agreed to.
Clause 45 read.
Mr Stirling moved - That the following new subclauses be
inserted in the Bill -
"(1A) Where the Chief Executive Officer remains of
an opinion referred to in subsection (1) on different
grounds to those of which the employee has notice
under section 43 -
(a) the Chief Executive Officer shall notify the
employee, in writing, of those different
grounds and that written submissions may be
submitted by the employee to him or her under
paragraph (b); and
(b) the employee may, not later than 14 days
after receipt of the notice under paragraph
(a), make written submissions to the Chief
Executive Officer in respect of the grounds
of which the employee is notified under
paragraph (b).
"(1B) The Chief Executive Officer shall not take an
action under subsection (1) before the expiration of
14 days after the giving of notice under subsection
(1A)(a) or, where written submissions have been
received under subsection (1A)(b), until he or she has
considered the submissions.".
Debate ensued.
Proposed new subclauses negatived.
Clause 45 agreed to.
Clause 46 read.
Mr Stirling moved the following amendment -
Omit from subclause (5) all words after "not been imposed".
Debate ensued.
Amendment agreed to.
Clause 46, as amended, agreed to.
Clauses 47 to 49, by leave, taken together and agreed to.
Clause 50 read.
Mr Stirling moved the following amendment -
Omit from subclause (4) "If" and insert in its stead
"Subject to subsection (4A), if".
Amendment negatived.
Mr Stirling moved - That the following subclauses be inserted in the Bill -
"(4A) Where the Chief Executive Officer remains of
the opinion referred to in subsection (4), on
different grounds to those of which the employee has
notice under subsection (2A) -
(a) the Chief Executive Officer shall notify the
employee, in writing, of those different
grounds and that written submissions may be
submitted by the employee to him or her under
paragraph (b); and
(b) the employee may, not later than 14 days
after receipt of notice under paragraph (a),
make written submissions to the Chief
Executive Officer in respect of the grounds
of which the employee is notified under
paragraph (a).
"(4B) The Chief Executive Officer shall not take an
action under subsection (4)(a) until the expiration of
the period referred to in subsection (4A)(b) has
expired and he or she has considered the submissions,
if any, made by the employee.".
Proposed new subclauses negatived.
Clause 50 agreed to.
Clause 51 read.
On the motion of Mr Stirling the following amendment was agreed to -
Omit from subclause (1) all words after "not been imposed,".
Clause 51, as amended, agreed to.
Clauses 52 and 53, by leave, taken together and agreed to.
Mr Stirling moved - That the following new clauses be
inserted in Part 9 of the Bill -
"53A.DEFINITIONS
"In this Part -
'Appeals Officer' means the person appointed under
section 53B(1);
'nominee' means a person appointed under section
53B(3).
"53B. APPEALS OFFICER
"(1) The Minister may, by notice in the Gazette,
after consultation with the industrial union
representing the largest number of employees within
the Public Sector, appoint a person to be the Appeals
Officer for the purposes of this Part.
"(2) A person shall not be appointed under
subsection (1) unless he or she is enrolled as a legal
practitioner of the High Court or of the Supreme Court
of a State or Territory of the Commonwealth and has
been so enrolled for not less than 5 years or, in the
opinion of the Minister, the person has other suitable
qualifications or experience.
"(3) The Appeals Officer may, by instrument in
writing, appoint such persons -
(a) holding the legal qualifications referred to
in subsection (2); or
(b) having, in the opinion of the Appeals
Officer, other suitable qualifications or
experience,
as he or she thinks fit to be his or her nominees
for the purposes of sections 55 and 56.
"(4) The Appeals Officer or a nominee shall be
appointed on the terms and conditions determined
by the Minister.".
Proposed new clauses negatived, after debate.
Clause 54 read.
Mr Stirling, by leave, withdrew amendments standing in his name scheduled 114.11 to 114.16 inclusive.
Clause 54 agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Public Sector Employment and Management (Transition and Savings) Bill 1992 (Serial 198):
Clauses 1 to 6, by leave, taken together and agreed to.
Clause 7 read.
On the motion of the Minister for Public Employment (Mr Finch) the following amendment was agreed to -
Omit from subclause (1) "section 30" and insert in
its stead "section 29".
Clause 7, as amended, agreed to.
Clause 8 agreed to.
Clause 9 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "section 70" and insert in its stead "section 65".
Clause 9, as amended, agreed to.
Clause 10 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Executive Officer 1" and insert in its stead
"Executive Officer 2".
Clause 10, as amended, agreed to.
Clause 11 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "under this Act" and insert in its stead "under
the Principal Act".
Clause 11, as amended, agreed to.
Clauses 12 to 20, by leave, taken together and agreed to.
Clause 21 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "section 56" and insert in its stead "section 58".
Clause 21, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
____________________
The Deputy Speaker (Mr McCarthy) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly and the
reports were adopted.
On the motion of Mr Finch the Bills were read a third time and passed to be proposed laws.
19. UNIT TITLES AMENDMENT BILL 1992 (Serial 200):
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 Lands, Housing and Local Government (Mr Hatton) the Bill was read a third time and
passed to be a proposed law.
20. LIQUOR ACT, RESTRICTED AREAS LEGISLATION - SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL BY THE COMMUNITY, PROGRESS REPORT - STATEMENT - MOTION TO NOTE STATEMENT:
The Chairman of the Sessional Committee on Use and Abuse of Alcohol by the Community (Mr Poole), by leave, made a
statement relating to the progress of the Committee's inquiry into Restricted Areas Legislation under the Liquor
Act and the extension of the reporting period.
Mr Poole moved - That the Assembly take note of the Statement.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
21. PUBLICATIONS COMMITTEE, NINTH AND TENTH REPORTS - PAPERS TABLED - REPORTS ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Ninth and Tenth Reports of the Publications
Committee recommending that the following Papers be printed:
NINTH REPORT
________________________________________________________________ _______
Date
Title Tabled_
Northern Territory University, Annual Report 1991 24.09.92
Treasurer's Annual Financial Statements, 1991-92 1.10.92
Department of Primary Industries and Fisheries, Annual
Report 1991-92 1.10.92
Department of the Chief Minister, Annual Report 1991-92 1.10.92
Northern Territory Liquor Commission, Annual Report 1992 1.10.92
Alice Springs College of TAFE, Annual Report 1991 1.10.92
Department of Correctional Services, Annual Report 1991-92 1.10.92
Public Accounts Committee, Annual Report 1991-92 1.10.92
____________________
TENTH REPORT
________________________________________________________________ _______
Date
Title Tabled_
Katherine Hospital Management Board, Annual Report 1991-92 17.11.92
Public Trustee for the Northern Territory, Annual Report
1991-92 17.11.92
Mental Health Act, Annual Report 1991-92 17.11.92
Gove District Hospital Management Board, Annual Report
1991-92 17.11.92
Tennant Creek Hospital Management Board, Annual Report
1991-92 17.11.92
Work Health Authority and Work Health Advisory Council,
Annual Report 1991-92 17.11.92
Office of Local Government, Annual Report 1991-92 17.11.92
Northern Territory Policy, Fire and Emergency Services,
Annual Report 1991-92 17.11.92
Legislative Assembly Members' Superannuation Trust, Annual
Report 1991-92 17.11.92
Department of the Legislative Assembly, Annual Report
1991-92 17.11.92
Alice Springs Hospital Management Board, Annual Report
1991-92 18.11.92
Royal Darwin Hospital Management Board, Annual Report
1991-92 18.11.92
Office of Sport, Recreation and Ethnic Affairs, Annual
Report 1991-92 19.11.92
Menzies School of Health Research, Annual Report 1991-92 19.11.92
Department of Law, Annual Report 1991-92 24.11.92
Aboriginal Areas Protection Authority, Annual Report
1991-92 24.11.92
Northern Territory Racing Commission (First), Annual
Report 1991-92 24.11.92
Darwin Omnibus Service, Financial Statements 1991-92 24.11.92
Power and Water Authority, Annual Report 1991-92 24.11.92
The Surveyors Board of the Northern Territory, Annual
Report 1991-92 24.11.92
Government Printing Office, Financial Statements 1991-92 14.11.92
Territory Insurance Office, Annual Report 1991-92 24.11.92
Northern Territory Housing Commission, Annual Report
1991-92 24.11.92
TENTH REPORT (Continued)
________________________________________________________________ _______
Date
Title Tabled
Northern Territory Department of Lands and Housing,
Annual Report 1991-92 24.11.92
Museums and Art Galleries Board, Annual Report 1991-92 24.11.92
Nitmiluk (Katherine Gorge) National Park, Annual Report
1991-92 24.11.92
Northern Territory Legal Aid Commission, Annual Report
1991-92 25.11.92
Northern Territory Department of Health and Community
Services, Annual Report 1991-92 25.11.92
Darwin Port Authority, Annual Report 1991-92 25.11.92
Department of Transport and Works, Annual Report 1991-92 25.11.92
Jabiru Town Development Authority, Annual Report 1991-92 25.11.92
Gaming Control Commission, Annual Report 1991-92 26.11.92
The Northern Territory Government and Public Authorities
Superannuation Scheme, Annual Report 1991-92 26.11.92
Road Safety Council of the Northern Territory, Annual
Report 1991-92 26.11.92
Northern Territory Local Government Grants Commission,
Federal Grants 1992-93 26.11.92
Batchelor College, Annual Report 1991 26.11.92
Office of the Arts and Cultural Affairs, Annual Report
1991-92 26.11.92
Department of Education, Annual Report 1991 26.11.92
The Territory Loans Management Corporation, Annual Report
1991-92 26.11.92
Conservation Commission of the Northern Territory, Annual
Report 1991-92 26.11.92
Strehlow Centre Board, Annual Report 1991-92 26.11.92
Department of Mines and Energy, Annual Report 1991-92 26.11.92
Cobourg Peninsula Sanctuary Board, Annual Report 1991-92 26.11.92
Northern Territory Government Conditions of Service Trust,
Annual Report 1991-92 26.11.92
Northern Territory Treasury, Annual Report 1991-92 26.11.92
Northern Territory Architects Board, Annual Report 1991-92 26.11.92
Trade Development Zone Authority, Annual Report 1991-92 26.11.92
Office of the Public Service Commissioner, Annual Report
1991-92 26.11.92
Department of Industries and Development, Annual Report
1991-92 26.11.92
Report on Small Business in the Northern Territory,
Annual Report 1991-92 26.11.92
Letter, Katherine M. Kalinowski, Research Administrator,
Medizone International Inc. to Prof. David J. Kemp,
Deputy Director, Menzies School of Health Research,
dated 13 October 1992 24.11.92
Article, "Inactivation of Human Immunodeficiency Virus
Type 1 by Ozone In Vitro", by Wells, Latino, Gavalchin
and Poiesz, Blood, Vol 78, No.7, dated 1 October
1991 24.11.92
Crocodile Industry Strategy 24.11.92
____________________
Mr Setter moved - That the Reports be adopted.
Question - put and passed.
22. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
Draft Policy - Works and Planning - Farm Area, by Neil Bell, MLA, Member for Macdonnell, dated 25 January 1993.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.22 p.m. until tomorrow at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
__________________________________________________________________________________
Date : 02/03/1993
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. NOTICES:
The following notices were given:
Mr Parish: To move - That this Assembly -
1. notes the disastrous consequences for the public finances of the Government's approach to selective
industry assistance; and
2. strongly endorses the provision of non-discriminatory industry assistance measures as
a proper function of Government.
Mr Coulter: To present the Superannuation Guarantee (Safety Net) Bill 1993 (Serial 217).
Mr Ede: To move - That this Assembly -
1. notes that systems of responsible Government in the various Australian States have been having
difficulty in maintaining a proper system of checks and balances and that these difficulties are
exacerbated in a unicameral system of government; and
2. calls on the Northern Territory Government to give early and serious consideration to introducing:
(a) freedom of information legislation;
(b) legislation to ensure full disclosure of donations to political parties;
(c) expanded and improved disclosure legislation for Members of Parliament, their families
and heads of departments;
(d) whistleblowers legislation;
(e) a written, binding code of conduct on Cabinet Ministers; and
(f) a mechanism for review of administrative actions.
Mr Perron: To present the Financial Administration and Audit Amendment Bill 1993 (Serial 205).
Mr Bailey: To move - That this Assembly -
1. reaffirms the independence of the Public Accounts Committee; and
2. confirms the right of the Committee to act on its own initiative to examine all those matters
relating to the receipt, control, issue or payment of public moneys and matters ancillary thereto,
pursuant to Standing Order 21A, free from restraint.
Mr Stone: To present the Administration and Probate Amendment Bill 1993 (Serial 216).
Mr Stone: To present the Justices Amendment Bill 1993 (Serial 214).
Mr Stone: To present the Coroners Bill 1993 (Serial 220).
Mr Stone: To present the Mining Amendment Bill 1993 (Serial 218).
Mr Stone: To present the Legal Practitioners Amendment Bill 1993 (Serial 215).
Mr Rioli: To move - That this Assembly -
1. notes the contents of the report of the Mining Board of the Northern Territory on the safety
record of Woodcutters Mine;
2. calls for the Government to undertake an independent review of mine safety inspection and
regulation in the Northern Territory; and
3. orders that the Minister table such independent report in the Assembly within five sitting days of
its completion.
Mr Hatton: To present the Pastoral Land Amendment Bill 1993 (Serial 210).
Mr Bailey: To move - That this Assembly -
1. applauds the Commonwealth Government's initiative in establishing the Australia Television
International service in Darwin;
2. calls on the Minister for Asian Relations and Trade to support this initiative; and
3. calls on the Government to work cooperatively with this service to enhance the Northern Territory's
image in our region.
Mr Finch: To present the Public Sector Employment and Management (Consequential Amendment) Bill 1993 (Serial 195).
Mr Ede: To move - That this Assembly -
1. notes with concern the Northern Territory's appalling record as a violent society;
2. notes that the Northern Territory Government lacks an overall coordinated crime strategy; and
3. calls on the Northern Territory Government to table such a strategy in the May 1993 sittings of this
Assembly.
Mr Bell: To present the Legal Practitioners Amendment Bill 1993 (Serial 222).
Mr Reed: To present the Hospital Management Boards Amendment Bill 1993 (Serial 211).
Mr Reed: To present the Tobacco Amendment Bill 1993 (Serial 213).
Mr Reed: To present the Disability Services Bill 1993 (Serial 219).
Mrs Hickey: To present the Kava Control Bill 1993 (Serial 221).
Mr Ortmann: To present the Aerodromes Bill 1993 (Serial 212).
Mr Ortmann: To present the Darwin Port Authority Amendment Bill 1993 (Serial 201).
Mr Bell: To move -
That the definition of a juvenile offender is that the person is less than 18 at the time of commission of
the offence and this Assembly supports:
(1) amending the Juvenile Justice Act to give effect to this; and
(2) giving the Courts the power to order those juveniles who will turn 18 while in juvenile
detention to serve the balance of their sentences in an adult prison.
4. DISTINGUISHED VISITOR - MR R. STEELE:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mr Roger Steele, a former Member
and Speaker of the Legislative Assembly.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitor.
5. FILMING IN THE CHAMBER:
The Speaker advised Members that he had given permission for ABC Television to update file footage in the Chamber today.
6. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Chief Minister (Mr Perron) laid on the Table the following Paper -
Letter, Hon P.J. Keating, MP, Prime Minister to Hon. M.B. Perron, MLA, Chief Minister, dated 28 August 1992.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
Liberal and National Parties - Position Paper - "Our Northern Potential - A Statement of Our
Initiatives for Northern Australia", prepared by Senator Grant Tambling, dated 22 February 1993.
Further questions were asked of Ministers.
Paper tabled: Mr Perron laid on the Table the following Paper -
Adelaide-Darwin Railway, Australian National Report January 1993, dated 2 March 1993.
Further questions were asked of Ministers.
7. DALWAY REPORT, PUBLIC ACCOUNTS COMMITTEE - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE REPORT:
The Speaker laid on the Table, pursuant to the Terms of the Resolution of the Assembly dated 25 November 1992, the
"Report on the Purchase, Operation and Sale of Dalway Pty Ltd", which was provided by the Chairman of the Public
Accounts Committee on 1 March 1993.
The Chairman of the Public Accounts Committee (Mr Palmer) moved - That the Report be printed.
Question - put and passed.
Mr Palmer moved - That the Assembly take note of the Report.
The Leader of Government Business (Mr Setter) moved - That the debate be adjourned -
The Member for Macdonnell (Mr Bell), by leave, made a statement relating thereto.
Question - put and passed.
8. REPORT OF OMBUDSMAN - COMPLAINT BY MR J. BLAKE RE: SALE OF DALWAY - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE REPORT:
The Attorney-General (Mr Stone) laid on the Table "A Report pursuant to section 26(2) of the Ombudsman (Northern
Territory) Act 1978 on an investigation of a complaint by Mr J. Blake relating to the Sale of Dalway Pty Ltd by the
Department of Industries and Development.".
Mr Stone moved - That the Report be printed.
Question - put and passed.
Mr Stone moved - That the Assembly take note of the Report.
Ordered - That Mr Stone have leave to continue his remarks at a later hour.
9. SUSPENSION OF STANDING ORDERS - DALWAY REPORT, BY PUBLIC ACCOUNTS COMMITTEE AND REPORT OF OMBUDSMAN RE: COMPLAINT BY MR J. BLAKE - COGNATE DEBATE:
The Leader of Government Business (Mr Setter) moved - That so much of Standing Orders be suspended, as would prevent -
(1) Government Business Orders of the Day relating to the Report by the Public Accounts Committee on the
Purchase, Operation and Sale of Dalway Pty Ltd and the Report of the Ombudsman on an Investigation of
a Complaint by Mr J. Blake relating to the Sale of Dalway Pty Ltd being considered cognately; and
(2) the questions relating to those Orders of the Day being put in one motion to take note of the
Reports.
Debate ensued.
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, 11
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 Parish
Mr Poole Mr Rioli
Mr Reed Mr Stirling
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, 10
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 Mrs Padgham-Purich
Mr Ortmann Mr Parish
Mr Palmer Mr Rioli
Mr Perron Mr Stirling
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
10. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business, Orders of the Day relating to the
Report on the Purchase, Operation and Sale of Dalway Pty Ltd and the Report of the Ombudsman on an Investigation of a
Complaint by Mr J. Blake relating to the Sale of Dalway Pty Ltd be called on forthwith.
Question - put and passed.
11. DISCHARGE OF WITNESSES - PUBLIC ACCOUNTS COMMITTEE:
The Speaker advised that all witnesses involved in the Public Accounts Committee investigation into the purchase,
operation and sale of Dalway Pty Ltd. be discharged.
12. DALWAY REPORT, BY PUBLIC ACCOUNTS COMMITTEE AND REPORT OF OMBUDSMAN RE: COMPLAINT BY MR J. BLAKE ON SALE OF DALWAY PTY LTD. - REPORTS NOTED:
The Orders of the Day having been read for resumption of the debate on the question - That the Assembly take note of the
Reports -
Debate resumed.
____________________
Suspension of sitting: The sitting was suspended between 12.02 p.m. and 2.00 p.m.
____________________
Debate resumed.
____________________
Distinguished visitors - Mr P. Schmeiser and Mrs D. Lawrie:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mr Percy Schmeiser, former Member
of the Legislative Assembly of Saskatchewan, Canada, and Mrs Schmeiser; and also of the presence of Mrs Dawn Lawrie,
a former Member of the Legislative Assembly of the Northern Territory.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitors.
____________________
Debate continued.
Question - put and passed.
13. ALCOHOL USE IN THE NORTHERN TERRITORY - PAPER TABLED - PAPER NOTED:
The Chief Minister (Mr Perron) laid on the Table a report on a survey conducted by the Alcohol Policy Unit of the
Department of the Chief Minister on Alcohol Use in the Northern Territory in February-March 1992.
Mr Perron moved - That the Assembly take note of the Paper.
Debate ensued.
Question - put and passed.
14. BUILDING BILL 1993 (Serial 206):
The Minister for Lands, Housing and Local Government (Mr Hatton), pursuant to notice, presented a Bill for an Act
to provide for the establishing of technical standards for buildings, the registration of building practitioners and
certifiers, the regulation of building matters, the granting of building and occupancy permits and the establishing of a
building appeal process, and for related purposes.
Bill read a first time.
Mr Hatton moved - That the Bill be now read a second time.
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.
15. MT TODD PROJECT AGREEMENT RATIFICATION BILL 1992 (Serial 199):
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.
Papers tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Papers -
Letter, Hon. S.P. Hatton, MLA, Minister for Aboriginal Development to Mr N.R. Bell, MLA, dated
23 February 1993; and
Letter, Hon. S.P. Hatton, MLA, Minister for Aboriginal Development to Mr N.R. Bell, MLA, dated
24 February 1993.
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
(Chairman - Mr McCarthy)
Clauses 1 to 5, by leave, taken together and agreed to.
Schedule read.
On the motion of the Minister for Mines and Energy (Mr Stone) the following amendments, by leave, were taken together and agreed to -
Omit all words after "for the purposes of:" in the definition of "Mt Todd Project" in clause (1) of the
Agreement and insert in their stead the following:
"(a) mining of Ore;
(b) processing and treatment of Ore;
(c) storing Ore;
(d) exploration for minerals; and
(e) for such other purposes in connection with the
Mt Todd Project as are necessarily incidental
to paragraphs (a), (b), (c) and (d).";
Omit from clause 3 in the Agreement "Mt Todd Project
Agreement Ratification Act 1992" and insert in its
stead "Mt Todd Project Agreement Ratification Act
1993";
Omit from clause 4 in the Agreement subclause (5)
and insert in its stead the following:
"(5)The Minister shall grant the mineral leases
referred to in subclauses (1) and (2) of this
clause for terms of 25 years, notwithstanding
there being no recommendation of the Warden
for the grant of the mineral lease referred to
in subclause (2) of this clause and cause the
mineral leases referred to in subclause (1) of
this clause to be transferred to the
Company.";
Omit from subclause (6) of clause 4 of the Agreement
"for a further term" and insert in its stead "for
further terms";
Omit clause 7 from the Agreement;
Omit from subclause (1) of clause 11 of the
Agreement "clause 18" and insert in its stead "clause 17";
Omit from paragraph (b) of subclause (1) of clause
17 of the Agreement "clause 16" and insert in its
stead "clause 15";
Omit from subclause (2) of clause 18 of the
Agreement "clause 17" and insert in its stead "clause 16";
Omit from clause 22 of the Agreement "Mt Todd
Project Agreement Ratification Act 1992" and insert in
its stead "Mt Todd Project Agreement Ratification Act 1993";
Omit from the attestation provision of the Agreement
"BARRY FRANCIS COULTER" and insert in its stead "SHANE
LESLIE STONE"; and
Omit Annexure A to the Agreement and insert in its
stead the following:
"ANNEXURE A
Existing tenements held by the Company as at 1 October 1992
______________________________________________________
TITLE LOCATION AREA GRANT DATE
HOLDER
______________________________________________________
mc N356 Katherine 33.00 ha 24 August 1987
Zapopan NL
mc N357 Katherine 16.19 24 August 1987
Zapopan NL
mc N358 Katherine 32.00 24 August 1987
Zapopan NL
mc N359 Katherine 16.19 24 August 1987
Zapopan NL
mc N360 Katherine 16.00 24 August 1987
Zapopan NL
mc N361 Katherine 16.00 24 August 1987
Zapopan NL
mc N362 Katherine 16.00 24 August 1987
Zapopan NL
mc N363 Katherine 15.00 24 August 1987
Zapopan NL
mc N364 Katherine 15.00 24 August 1987
Zapopan NL
mc N365 Katherine 15.00 24 August 1987
Zapopan NL
mc N366 Katherine 15.00 24 August 1987
Zapopan NL
mc N367 Katherine 15.00 24 August 1987
Zapopan NL
mc N368 Katherine 15.00 24 August 1987
Zapopan NL
mc N369 Katherine 15.00 24 August 1987
Zapopan NL
mc N370 Katherine 16.00 24 August 1987
Zapopan NL
mc N371 Katherine 16.00 24 August 1987
Zapopan NL
mc N372 Katherine 11.52 24 August 1987
Zapopan NL
mc N373 Katherine 15.00 24 August 1987
Zapopan NL
mc N374 Katherine 08.00 24 August 1987
Zapopan NL
mc N375 Katherine 08.00 24 August 1987
Zapopan NL
mc N563 Katherine 33.00 31 August 1983
Zapopan NL
mc N1153 Katherine 16.00 03 March 1987
Zapopan NL
mc N1154 Katherine 09.00 03 March 1987
Zapopan NL
mc N1155 Katherine 08.00 03 March 1987
Zapopan NL
mc N1157 Katherine 16.00 03 March 1987
Zapopan NL
mc N1159 Katherine 16.00 03 March 1987
Zapopan NL
mc N1396 Katherine 15.90 06 October 1987
Zapopan NL
mc N1397 Katherine 04.70 06 October 1987
Zapopan NL
mc N1398 Katherine 14.90 06 October 1987
Zapopan NL
mc N1655 Katherine 06.00 10 December 1987
Zapopan NL
mc N1656 Katherine 15.70 10 December 1987
Zapopan NL
mc N1657 Katherine 14.70 10 December 1987
Zapopan NL
mc N1658 Katherine 08.90 10 December 1987
Zapopan NL
ml M943 Katherine 07.05 06 November 1973
Zapopan NL
ml N944 Katherine 08.09 06 November 1973
Zapopan NL
ml N945 Katherine 09.00 01 May 1975
Zapopan NL
ml N946 Katherine 08.09 01 May 1975
Zapopan NL
ml N947 Katherine 08.08 01 May 1975
Zapopan NL
ml N948 Katherine 04.04 07 January 1975
Zapopan NL
ml N950 Katherine 08.08 23 July 1975
Zapopan NL
erl90 Katherine 664.80 05 October 1989
Zapopan NL
erl91 Katherine 664.80 05 October 1989
Zapopan NL
erl93 Katherine 621.00 05 October 1989
Zapopan NL
erl99 Katherine 574.00 05 October 1989
Zapopan NL
erl112 Katherine 165.00 14 May 1990
Zapopan NL
erl113 Katherine 841.00 14 May 1990
Zapopan NL
erl114 Katherine 237.00 14 May 1990
Zapopan NL ".
____________________
On the motion of Mr Stone, by leave, the following further amendment was agreed to -
Insert the following signatories to the Agreement -
"For the Northern Territory:
(Sgd) - Shane L. Stone
(Sgd) - Robert L. Adams
And for Zapopan N.L.:
(Sgd) - Terrence John Strapp
(Sgd) - Kenneth Ross McColl".
Schedule, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was
adopted.
On the motion of Mr Stone the Bill was read a third time and passed to be a proposed law.
16. DISCHARGE OF BUSINESS:
The Minister for Public Employment (Mr Finch) moved - That the Public Sector Employment and Management Bill 1992
(Serial 193) be discharged from the Notice Paper.
Question - put and passed.
17. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT BILL 1993 (Serial 193):
The Minister for Public Employment (Mr Finch), by leave, presented a Bill for an Act for the regulation of the Public
Service of the Northern Territory and the human resource administration and management of other agencies established
for government or public purposes, and for related purposes.
Bill read a first time.
Mr Finch moved - That the Bill be now read a second time.
On the motion of the Leader of Government Business (Mr Setter) debate was adjourned.
18. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT BILL 1993 (Serial 193); and PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT (TRANSITION AND SAVINGS) BILL 1992 (Serial 198):
Suspension of Standing Orders: The Leader of Government Business (Mr Setter), by leave, moved - That so much of
Standing Orders be suspended as would prevent the Public Sector Employment and Management Bill 1993 (Serial 193) -
(a) passing through all stages at these sittings; and
(b) and Orders of the Day Government Business relating to the Public Sector Employment and
Management (Transition and Savings) Bill 1992 (Serial 198) -
(i) 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
(ii) 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.
The order of the day having been read for the resumption of the debate on the question - That the Bills be now read a
second time -
Debate resumed.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bills.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Public Sector Employment and Management Bill 1993 (Serial 193):
Clauses 1 to 4, by leave, taken together and agreed to.
The Member for Nhulunbuy (Mr Stirling) moved - That the following new clauses be inserted in the Bill -
"4A. PRINCIPLES OF PUBLIC ADMINISTRATION AND MANAGEMENT
"The following principles of public administration and management shall be observed in the Public Sector:
(a) the Public Sector shall be administered in a
manner which emphasises the importance of
optimum service to the community;
(b) the formulation and delivery of information
and advice to the Government shall be done in
an objective and impartial manner, and with
integrity;
(c) administrative responsibility and authority
shall be clearly defined to allow the
expeditious discharge of that responsibility
and exercise of authority with appropriate
levels of accountability;
(d) the public sector shall be structured and
administered so as to enable decisions to be
made and actions taken without excessive
formality and with a minimum of delay;
(e) Public Sector resources shall be deployed so
as to ensure their most efficient and
effective use;
(f) proper standards of financial management and
accounting shall be exercised at all times.
"4B. PRINCIPLES OF HUMAN RESOURCES MANAGEMENT
"The following principles of human resources
management shall be observed in the Public Sector:
(a) the selection of persons to fill vacancies in
the Public Sector shall be on the basis of
merit;
(b) human resources management actions shall be
taken in such a manner as to ensure the
exclusion of nepotism, patronage,
favouritism, and unlawful and unjustified
discrimination on any ground in respect of
all employees and persons seeking employment
in the Public Sector;
(c) employees shall be treated fairly and
consistently and shall not be subject to
arbitrary or capricious administrative acts;
(d) human resources administration and management
in the Public Sector shall be consistent with
the principles of equal employment
opportunity;
(e) public sector employees shall be -
(i) afforded reasonable, independent
avenues of redress against improper
or unreasonable administrative acts;
(ii) provided with safe and healthy
working conditions;
(iii) afforded reasonable access to
training and development; and
(iv) remunerated at rates commensurate
with their responsibilities.
"4C. PRINCIPLES OF CONDUCT
"The following principles of conduct shall be
observed by all employees:
(a) Public Sector employees shall perform
their official duties with skill,
impartiality, professionalism and integrity;
(b) Public Sector employees shall disclose
their private financial and other interests
where those interests may, or may appear to
conflict with their official duties, and
shall take all reasonable steps to prevent
such conflict;
(c) Public Sector employees who are
responsible for incurring or authorising
expenditure shall exercise due economy and
ensure the efficient and economical use of
Government resources and facilities;
(d) Public Sector employees shall not take
advantage of their official duties, status,
powers or authority in order to seek or
obtain a benefit for themselves or for any
other person or body;
(e) Public Sector employees shall exercise
proper courtesy, consideration and
sensitivity and shall act with fairness and
equity in all their dealings with members of
the public and with other employees;
(f) Public Sector employees shall not engage
in improper conduct, in their official
capacity or otherwise, that adversely affects
the performance of their duties or brings the
Public Sector into disrepute.".
Debate ensued.
Proposed new clauses negatived.
Clauses 5 to 15, by leave, taken together and agreed to.
Clause 16 read.
Mr Stirling moved the following amendment -
Omit from subclause (3) "Sections 57 and 63 of the
Interpretation Act do" and insert in its stead
"Section 57 of the Interpretation Act does".
Debate ensued.
Amendment negatived.
Clause 16 agreed to.
Clauses 17 to 29, by leave, taken together and agreed to.
Clause 30 read.
Mr Stirling moved the following amendment -
Omit subclause (1)(b).
Debate ensued.
Amendment negatived.
Mr Stirling moved the following further amendment -
Omit from subclauses (3) and (4) "subsection (1)(a)"
and insert in its stead "subsection (1)".
Amendment negatived.
Clause 30 agreed to.
Clauses 31 to 44, by leave, taken together and agreed to.
Clause 45 read.
Mr Stirling moved - That the following new subclauses be
inserted in the Bill -
"(1A) Where the Chief Executive Officer remains of
an opinion referred to in subsection (1) on different
grounds to those of which the employee has notice
under section 43 -
(a) the Chief Executive Officer shall notify the
employee, in writing, of those different
grounds and that written submissions may be
submitted by the employee to him or her under
paragraph (b); and
(b) the employee may, not later than 14 days
after receipt of the notice under paragraph
(a), make written submissions to the Chief
Executive Officer in respect of the grounds
of which the employee is notified under
paragraph (b).
"(1B) The Chief Executive Officer shall not take an
action under subsection (1) before the expiration of
14 days after the giving of notice under subsection
(1A)(a) or, where written submissions have been
received under subsection (1A)(b), until he or she has
considered the submissions.".
Debate ensued.
Proposed new subclauses negatived.
Clause 45 agreed to.
Clause 46 read.
Mr Stirling moved the following amendment -
Omit from subclause (5) all words after "not been imposed".
Debate ensued.
Amendment agreed to.
Clause 46, as amended, agreed to.
Clauses 47 to 49, by leave, taken together and agreed to.
Clause 50 read.
Mr Stirling moved the following amendment -
Omit from subclause (4) "If" and insert in its stead
"Subject to subsection (4A), if".
Amendment negatived.
Mr Stirling moved - That the following subclauses be inserted in the Bill -
"(4A) Where the Chief Executive Officer remains of
the opinion referred to in subsection (4), on
different grounds to those of which the employee has
notice under subsection (2A) -
(a) the Chief Executive Officer shall notify the
employee, in writing, of those different
grounds and that written submissions may be
submitted by the employee to him or her under
paragraph (b); and
(b) the employee may, not later than 14 days
after receipt of notice under paragraph (a),
make written submissions to the Chief
Executive Officer in respect of the grounds
of which the employee is notified under
paragraph (a).
"(4B) The Chief Executive Officer shall not take an
action under subsection (4)(a) until the expiration of
the period referred to in subsection (4A)(b) has
expired and he or she has considered the submissions,
if any, made by the employee.".
Proposed new subclauses negatived.
Clause 50 agreed to.
Clause 51 read.
On the motion of Mr Stirling the following amendment was agreed to -
Omit from subclause (1) all words after "not been imposed,".
Clause 51, as amended, agreed to.
Clauses 52 and 53, by leave, taken together and agreed to.
Mr Stirling moved - That the following new clauses be
inserted in Part 9 of the Bill -
"53A.DEFINITIONS
"In this Part -
'Appeals Officer' means the person appointed under
section 53B(1);
'nominee' means a person appointed under section
53B(3).
"53B. APPEALS OFFICER
"(1) The Minister may, by notice in the Gazette,
after consultation with the industrial union
representing the largest number of employees within
the Public Sector, appoint a person to be the Appeals
Officer for the purposes of this Part.
"(2) A person shall not be appointed under
subsection (1) unless he or she is enrolled as a legal
practitioner of the High Court or of the Supreme Court
of a State or Territory of the Commonwealth and has
been so enrolled for not less than 5 years or, in the
opinion of the Minister, the person has other suitable
qualifications or experience.
"(3) The Appeals Officer may, by instrument in
writing, appoint such persons -
(a) holding the legal qualifications referred to
in subsection (2); or
(b) having, in the opinion of the Appeals
Officer, other suitable qualifications or
experience,
as he or she thinks fit to be his or her nominees
for the purposes of sections 55 and 56.
"(4) The Appeals Officer or a nominee shall be
appointed on the terms and conditions determined
by the Minister.".
Proposed new clauses negatived, after debate.
Clause 54 read.
Mr Stirling, by leave, withdrew amendments standing in his name scheduled 114.11 to 114.16 inclusive.
Clause 54 agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Public Sector Employment and Management (Transition and Savings) Bill 1992 (Serial 198):
Clauses 1 to 6, by leave, taken together and agreed to.
Clause 7 read.
On the motion of the Minister for Public Employment (Mr Finch) the following amendment was agreed to -
Omit from subclause (1) "section 30" and insert in
its stead "section 29".
Clause 7, as amended, agreed to.
Clause 8 agreed to.
Clause 9 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "section 70" and insert in its stead "section 65".
Clause 9, as amended, agreed to.
Clause 10 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "Executive Officer 1" and insert in its stead
"Executive Officer 2".
Clause 10, as amended, agreed to.
Clause 11 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "under this Act" and insert in its stead "under
the Principal Act".
Clause 11, as amended, agreed to.
Clauses 12 to 20, by leave, taken together and agreed to.
Clause 21 read.
On the motion of Mr Finch the following amendment was agreed to -
Omit "section 56" and insert in its stead "section 58".
Clause 21, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
____________________
The Deputy Speaker (Mr McCarthy) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly and the
reports were adopted.
On the motion of Mr Finch the Bills were read a third time and passed to be proposed laws.
19. UNIT TITLES AMENDMENT BILL 1992 (Serial 200):
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 Lands, Housing and Local Government (Mr Hatton) the Bill was read a third time and
passed to be a proposed law.
20. LIQUOR ACT, RESTRICTED AREAS LEGISLATION - SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL BY THE COMMUNITY, PROGRESS REPORT - STATEMENT - MOTION TO NOTE STATEMENT:
The Chairman of the Sessional Committee on Use and Abuse of Alcohol by the Community (Mr Poole), by leave, made a
statement relating to the progress of the Committee's inquiry into Restricted Areas Legislation under the Liquor
Act and the extension of the reporting period.
Mr Poole moved - That the Assembly take note of the Statement.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
21. PUBLICATIONS COMMITTEE, NINTH AND TENTH REPORTS - PAPERS TABLED - REPORTS ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Ninth and Tenth Reports of the Publications
Committee recommending that the following Papers be printed:
NINTH REPORT
________________________________________________________________ _______
Date
Title Tabled_
Northern Territory University, Annual Report 1991 24.09.92
Treasurer's Annual Financial Statements, 1991-92 1.10.92
Department of Primary Industries and Fisheries, Annual
Report 1991-92 1.10.92
Department of the Chief Minister, Annual Report 1991-92 1.10.92
Northern Territory Liquor Commission, Annual Report 1992 1.10.92
Alice Springs College of TAFE, Annual Report 1991 1.10.92
Department of Correctional Services, Annual Report 1991-92 1.10.92
Public Accounts Committee, Annual Report 1991-92 1.10.92
____________________
TENTH REPORT
________________________________________________________________ _______
Date
Title Tabled_
Katherine Hospital Management Board, Annual Report 1991-92 17.11.92
Public Trustee for the Northern Territory, Annual Report
1991-92 17.11.92
Mental Health Act, Annual Report 1991-92 17.11.92
Gove District Hospital Management Board, Annual Report
1991-92 17.11.92
Tennant Creek Hospital Management Board, Annual Report
1991-92 17.11.92
Work Health Authority and Work Health Advisory Council,
Annual Report 1991-92 17.11.92
Office of Local Government, Annual Report 1991-92 17.11.92
Northern Territory Policy, Fire and Emergency Services,
Annual Report 1991-92 17.11.92
Legislative Assembly Members' Superannuation Trust, Annual
Report 1991-92 17.11.92
Department of the Legislative Assembly, Annual Report
1991-92 17.11.92
Alice Springs Hospital Management Board, Annual Report
1991-92 18.11.92
Royal Darwin Hospital Management Board, Annual Report
1991-92 18.11.92
Office of Sport, Recreation and Ethnic Affairs, Annual
Report 1991-92 19.11.92
Menzies School of Health Research, Annual Report 1991-92 19.11.92
Department of Law, Annual Report 1991-92 24.11.92
Aboriginal Areas Protection Authority, Annual Report
1991-92 24.11.92
Northern Territory Racing Commission (First), Annual
Report 1991-92 24.11.92
Darwin Omnibus Service, Financial Statements 1991-92 24.11.92
Power and Water Authority, Annual Report 1991-92 24.11.92
The Surveyors Board of the Northern Territory, Annual
Report 1991-92 24.11.92
Government Printing Office, Financial Statements 1991-92 14.11.92
Territory Insurance Office, Annual Report 1991-92 24.11.92
Northern Territory Housing Commission, Annual Report
1991-92 24.11.92
TENTH REPORT (Continued)
________________________________________________________________ _______
Date
Title Tabled
Northern Territory Department of Lands and Housing,
Annual Report 1991-92 24.11.92
Museums and Art Galleries Board, Annual Report 1991-92 24.11.92
Nitmiluk (Katherine Gorge) National Park, Annual Report
1991-92 24.11.92
Northern Territory Legal Aid Commission, Annual Report
1991-92 25.11.92
Northern Territory Department of Health and Community
Services, Annual Report 1991-92 25.11.92
Darwin Port Authority, Annual Report 1991-92 25.11.92
Department of Transport and Works, Annual Report 1991-92 25.11.92
Jabiru Town Development Authority, Annual Report 1991-92 25.11.92
Gaming Control Commission, Annual Report 1991-92 26.11.92
The Northern Territory Government and Public Authorities
Superannuation Scheme, Annual Report 1991-92 26.11.92
Road Safety Council of the Northern Territory, Annual
Report 1991-92 26.11.92
Northern Territory Local Government Grants Commission,
Federal Grants 1992-93 26.11.92
Batchelor College, Annual Report 1991 26.11.92
Office of the Arts and Cultural Affairs, Annual Report
1991-92 26.11.92
Department of Education, Annual Report 1991 26.11.92
The Territory Loans Management Corporation, Annual Report
1991-92 26.11.92
Conservation Commission of the Northern Territory, Annual
Report 1991-92 26.11.92
Strehlow Centre Board, Annual Report 1991-92 26.11.92
Department of Mines and Energy, Annual Report 1991-92 26.11.92
Cobourg Peninsula Sanctuary Board, Annual Report 1991-92 26.11.92
Northern Territory Government Conditions of Service Trust,
Annual Report 1991-92 26.11.92
Northern Territory Treasury, Annual Report 1991-92 26.11.92
Northern Territory Architects Board, Annual Report 1991-92 26.11.92
Trade Development Zone Authority, Annual Report 1991-92 26.11.92
Office of the Public Service Commissioner, Annual Report
1991-92 26.11.92
Department of Industries and Development, Annual Report
1991-92 26.11.92
Report on Small Business in the Northern Territory,
Annual Report 1991-92 26.11.92
Letter, Katherine M. Kalinowski, Research Administrator,
Medizone International Inc. to Prof. David J. Kemp,
Deputy Director, Menzies School of Health Research,
dated 13 October 1992 24.11.92
Article, "Inactivation of Human Immunodeficiency Virus
Type 1 by Ozone In Vitro", by Wells, Latino, Gavalchin
and Poiesz, Blood, Vol 78, No.7, dated 1 October
1991 24.11.92
Crocodile Industry Strategy 24.11.92
____________________
Mr Setter moved - That the Reports be adopted.
Question - put and passed.
22. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
Draft Policy - Works and Planning - Farm Area, by Neil Bell, MLA, Member for Macdonnell, dated 25 January 1993.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.22 p.m. until tomorrow at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016