Minutes of Proceedings - 1993-05-25
Sixth Assembly First Session 18/05/1993 Parliamentary Record No. 16
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Date : 25/05/1993__________________________________________________________________________________
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. MESSAGE FROM THE ADMINISTRATOR:
The Speaker read the following message from His Honour the Administrator:
Message No. 10
I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory
(Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to provide for suits by and
against the Government and for related purposes, which, in part, allows for the appropriation of money from the Consolidated Fund to meet the
costs associated with a Court judgement against the Northern Territory.
Dated 21 May 1993
(Sgd) AUSTIN ASCHE
Administrator.
4. APPOINTMENT OF CLERK - IAN BRUCE McNEILL:
The Speaker advised Honourable Members that His Honour the Administrator had, on 24 May 1993, appointed Ian Bruce McNeill, Clerk of the
Legislative Assembly of the Northern Territory.
5. DISTINGUISHED VISITORS - STANDING COMMITTEE ON SCRUTINY OF BILLS AND SUBORDINATE LEGISLATION, AUSTRALIAN CAPITAL TERRITORY:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mrs Ellnor Grassby, MLA; Mr Gary Humphries, MLA; and
Ms Helen Szuty, MLA, from the Standing Committee on Scrutiny of Bills and Subordinate Legislation of the A.C.T. Legislative Assembly; Emeritus
Professor Douglas Whalan, Legal Advisor to that Committee; and Mr David Hunt, Parliamentary Counsel to the A.C.T.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitors.
6. NOTICES:
The following notices were given:
Mr Ortmann: To present the Traffic Amendment Act 1992 Amendment Bill 1993 (Serial 250).
Mr Ortmann: To present the Water Supply and Sewerage Amendment Bill 1993 (Serial 251).
Mr Ortmann: To present the Electricity Amendment Bill 1993 (Serial 252).
Mr Coulter: To present the Racing and Gaming Authority Bill 1993 (Serial 245).
Mr Coulter: To present the Taxation (Administration) Amendment Bill 1993 (Serial 238).
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Mr Coulter: To present the Pay-roll Tax Amendment Bill 1993 (Serial 237).
Mr Coulter: To present the Business Franchise Amendment Bill 1993 (Serial 236).
Mr Coulter: To present the Financial Administration and Audit Amendment Bill (No.2) 1993 (Serial 235).
Mr Coulter: To present the Racing and Betting Amendment Bill 1993 (Serial 246).
Mr Coulter: To present the Totalizator Administration and Betting Amendment Bill 1993 (Serial 247).
Mr Manzie: To present the Criminal Records (Spent Convictions) Amendment Bill 1993 (Serial 233).
Mr Manzie: To present the Crown Proceedings Bill 1993 (Serial 239).
Mr Manzie: To present the Supreme Court Amendment Bill 1993 (Serial 240).
Mr Manzie: To present the Consumer Affairs and Fair Trading Bill 1993 (Serial 244).
Mr Manzie: To present the Prostitution Regulation Amendment Bill 1993 (Serial 248).
Mr Manzie: To present the Limitation Amendment Bill 1993 (Serial 249).
7. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation relating to comments made by the Member for Brennan
(Mr Ortmann) and the Member for Sanderson (Mr Manzie) on Thursday 20 May 1993 regarding the rezoning applications for the Hornsby sub-division in
Alice Springs and the alleged misleading of the Assembly by Mr Bell.
8. QUESTIONS:
A question was asked of a Minister.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Writ, in the Supreme Court of the Northern Territory of Australia, No.74 of 1993 (9309367) between Mark Joseph
Trahair, Plaintiff, and Dennis William Hart, First Defendant; and Robert Lionel Treherne, Second Defendant; and the Northern
Territory of Australia, Third Defendant.
Further questions were asked of Ministers.
Papers tabled: The Chief Minister (Mr Perron) laid on the Table the following Papers -
. Letter, Meredith Harrison, Solicitor for the Northern Territory to Mr Lex Silvester, Mildrens, Barristers and Solicitors,
dated 28 April 1993;
. Letter, A.H. Silvester, Mildrens, Barristers and Solicitors, to Ms Meredith Harrison, Solicitor for the Northern Territory,
dated 15 July 1992; and
. Irrevocable Authority, signed by Dennis William Hart, dated 15 July 1992.
Further questions were asked of Ministers.
Supplementary answer: The Chief Minister (Mr Perron) gave a supplementary answer to a question asked by the Member for Nelson
(Mrs Padgham-Purich) on Wednesday 19 May 1993.
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9. PERSONAL EXPLANATION:
The Deputy Leader of the Opposition (Mr Bailey), by leave, made a personal explanation relating to comments made by the Minister for
Education (Mr Finch) during Question Time this day.
10. WATER IN REMOTE COMMUNITIES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Ortmann) made a statement relating to the provision of water to remote communities in the Northern
Territory.
Mr Ortmann moved - That the Assembly take note of the Statement.
Debate ensued.
Display of Maori Regalia: The Speaker advised Honourable Members of the display, in the foyer of the Legislative Assembly, of Maori Regalia
consisting of an ornately carved Maori Chief's paddle and a Wokanui Chest with Maori Cloak feathers. The Regalia was associated with the
World Indigenous People's Conference on Education which will be held in Wollongong from 11 to 17 December 1993.
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Suspension of sitting: The sitting was suspended between 11.51 a.m. and 2.00 p.m.
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Debate resumed.
Question - put and passed.
11. N.T. PUBLIC SECTOR FORWARD ESTIMATES OF EXPENDITURE, 1993-94 AND 1994-95 - PAPER TABLED - MOTION TO NOTE PAPER:
The Treasurer (Mr Coulter) laid on the Table the Forward Estimates of Expenditure for 1993-94 and 1994-95 for the N.T. Public Sector, dated May 1993.
Paper tabled: Mr Coulter laid on the Table the following Paper -
. Erratum, N.T. Public Sector Forward Estimates of Expenditure, 1993-94 and 1994-95.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Paper.
Debate ensued.
On the motion of the Minister for Transport and Works (Mr Ortmann) debate was adjourned.
12. MATTER OF PUBLIC IMPORTANCE - MAJOR CHANGES IN EDUCATION POLICY:
The Speaker informed the Assembly that the Deputy Leader of the Opposition (Mr Bailey) had proposed that the following definite matter
of public importance be submitted to the Assembly for discussion this day:
"that the Legislative Assembly expresses its concern at the inadequate time given by the Minister for Education for public
discussion of major changes in education policy particularly the changes to senior secondary education in Darwin."
And the proposed discussion having received the necessary support -
The Speaker called on Mr Bailey to address the Assembly.
Discussion ensued.
Paper tabled: The Minister for Education (Mr Finch) laid on the Table the following Paper -
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. Letter, Brian Josephs, Chairman, Dripstone High School Council to the President, NT COGSO, dated 25 May 1993.
Discussion continued.
Discussion concluded.
13. BUILDING BILL 1993 (Serial 206):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
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In the Committee
(Chairman - Mr McCarthy)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Lands and Housing (Mr Hatton) the following amendment was agreed to -
Omit the definition of "annual practice certificate".
Clause 4, as amended, agreed to.
Clauses 5 to 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of Mr Hatton the following amendment was agreed to -
Add at the end the following:
"(4) Conditions prescribed for the purposes of subsections
(1)(c), (2)(c) or (3)(c) may include a condition requiring a
building practitioner to hold a policy of professional indemnity
or other insurance of a type or for an amount, or both, approved
by the Practitioners Board.
"(5) A person shall not perform a function of a building
practitioner unless the person holds a policy of insurance, if
any, required as a condition of his, hers or its registration as
a building practitioner.
Penalty: $10,000.".
Clause 24, as amended, agreed to.
Clause 25 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) paragraph (a) and insert in its stead
the following:
"(a) it shall be carried out by or at the direction of a
partner who is a building practitioner in the relevant
category and shall be certified by that partner; and".
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On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (2) paragraph (a) and insert in its stead
the following:
"(a) it shall be carried out by or at the direction of a
person concerned in the management or conduct of the
corporation who is a building practitioner in the
relevant category and shall be certified by that person;
and".
Clause 25, as amended, agreed to.
Clause 26 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit all words before paragraph (a) and insert in their stead
the following:
"The Practitioners Board may, by order, cancel, or suspend for
such period as it specifies in the order, the registration of a
building practitioner, if it is satisfied that -".
Clause 26, as amended, agreed to.
Clauses 27 to 34, by leave, taken together and agreed to.
Clause 35 read.
On the motion of Mr Hatton the following amendment was agreed to, after debate -
Omit subclause (2) and insert in its stead the following:
"(2) An appeal under subsection (1) shall be by way of a
review of the evidence before the Practitioners Board and no
fresh evidence or fresh information may be given on the appeal
unless, in the opinion of the Court, there were special reasons
that prevented its presentation to the Practitioners Board at
the inquiry under Division 3.".
Clause 35, as amended, agreed to.
Clause 36 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert at the end "and may notify such other persons, and in
such manner, as it thinks fit".
Clause 36, as amended, agreed to.
Clause 37 negatived.
Clause 38 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "and annual practice certificate".
Clause 38, as amended, agreed to.
Clause 39 read.
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On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (3).
Clause 39, as amended, agreed to.
Clauses 40 and 41, by leave, taken together and agreed to.
Clause 42 read.
The Member for Victoria River (Mr Cartwright) moved the following amendment -
Insert at the end the following:
"(4) A building certifier shall not grant a building permit or
an occupancy permit in respect of a building or building work if
he or she -
(a) is or was involved in;
(b) is employed by or was recently employed by a body
involved in; or
(c) has or had a direct or indirect pecuniary interest in a
body which is or was involved in,
the design or construction of a building or building work to
which the permit relates.".
Debate ensued.
Question - put and negatived.
Clause 42 agreed to.
Clause 43 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) paragraph (c) and insert in its stead
the following:
"(c) provide to the Director within 7 days after the permit is
granted or subsequently amended, a copy of the permit, or
the permit as amended, together with such other
documents, if any, as are prescribed.".
Clause 43, as amended, agreed to.
Clauses 44 to 59, by leave, taken together and agreed to.
Clause 60 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "or greater".
Clause 60, as amended, agreed to.
Clauses 61 and 62, by leave, taken together and agreed to.
Clause 63 negatived.
On the motion of Mr Hatton the following new clause was inserted in
the Bill, after debate -
"63. NOTIFICATION DURING BUILDING WORK
"(1) Before building work is commenced the building certifier
who granted the building permit for the work shall, in writing,
notify the person who is to carry out or be in charge of
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carrying out of the building work the stages ("inspection
stages"), if any, of the building work on the completion of
which the person shall notify the building certifier.
"(2) The Regulations may prescribe inspection stages on the
completion of which a person carrying out or in charge of the
carrying out of the building work shall notify the Director or
the relevant building certifier.
"(3) A person required under subsection (1) or (2) to notify a
building certifier or the Director shall not carry out any
building work after completing an inspection stage until -
(a) the building certifier or the Director, as the case
may be, has advised the person that the building work
may proceed; or
(b) the building work, completed to that inspection
stage, has been inspected in accordance with
section 64.
Penalty: $1,000.".
Clause 64 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclauses (1), (2) and (3) and insert in their stead the
following:
"(1) Subject to subsection (4), a building certifier or the
Director may, at any reasonable time, on being notified under
section 63 that an inspection stage has been completed, inspect
the building work concerned.
"(2) Subject to subsection (4), the building certifier or the
Director may inspect building work at any time, whether or not
an inspection stage under section 63 has been completed.".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (4) "or a qualified person" and insert in
its stead "or the Director".
Clause 64, as amended, agreed to.
Clause 65 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "or a qualified person" and insert in
its stead "or the Director".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (2) "or qualified person" and insert in
its stead "or the Director".
On the motion of Mr Hatton the following further amendment was agreed to -
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Omit from subclause (2) "issued" and insert in its stead
"served".
Clause 65, as amended, agreed to.
Clauses 66 to 124, by leave, taken together and agreed to.
Clause 125 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subsection (2) "section 123(2)" and insert in its
stead "section 124(2)".
Clause 125, as amended, agreed to.
Clauses 126 to 133, by leave, taken together and agreed to.
Clause 134 read.
On the motion of Mr Hatton the following amendment was agreed to, after debate -
Omit subclause (2) and insert in its stead the following:
"(2) Where a member of the Appeals Board is not available
after the Appeals Board has commenced to hear a matter, the
Chairman may, on the application of a party, nominate another
member ('new member') to fill the vacancy to enable the hearing
to continue.
"(3) Where a new member is nominated under subsection (2) in
place of a former member -
(a) the new member shall treat any evidence given,
document produced or thing done in the course of
earlier proceedings in the same manner and in all
respects as if it had been given, produced or done in
the course of the proceedings by the Appeals Board as
constituted with the new member;
(b) an interim award or order made in the course of the
earlier proceedings shall be deemed to have been made
as though made by the Appeals Board as constituted
with the new member; and
(c) the Appeals Board as constituted with the new member
may adopt and act on a determination of a matter made
in the course of the earlier proceedings without the
new member applying his or her own judgment to the
matter,
and the Regulations may make provision for any other matter in
relation to the hearing.".
Clause 134, as amended, agreed to.
Clauses 135 to 162, by leave, taken together and agreed to.
Clause 163 negatived.
Clauses 164 to 174, by leave, taken together and agreed to.
Schedule 1 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit item 32.
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Mr Cartwright moved the following further amendment -
Insert at the end the following:
"47. The registration of persons engaged in the construction
of buildings or building works.".
Debate ensued.
Amendment negatived.
Schedule 1, as amended, agreed to.
Schedule 2 agreed to.
Schedule 3 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from the heading "section 58 and 69" and insert in its
stead "sections 58, 69 and 76".
On the motion of Mr Hatton the following further amendment was agreed to -
Insert after item 3 the following:
"3A. FORM OF PERMIT
"A building or occupancy permit shall be in an approved form.".
Schedule 3, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
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The Deputy Speaker (Mr Collins) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
On the motion of the Minister for Lands and Housing (Mr Hatton) the Bill was read a third time and passed to be a proposed law.
14. CRIMINAL RECORDS (SPENT CONVICTIONS) AMENDMENT BILL 1993 (Serial 233):
The Attorney-General (Mr Manzie), by leave, presented a Bill for an Act to amend the Criminal Records (Spent Convictions) 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.
15. CORONERS BILL 1993 (Serial 220):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
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In the Committee
(Chairman - Mr McCarthy)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
Debate ensued.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit the definitions of "person held in care" and "person held
in custody" and insert in their stead respectively the following:
"'person held in care' has the same meaning as in section 12(1);
'person held in custody' has the same meaning as in
section 12(1);".
The Member for Macdonnell (Mr Bell), by leave, withdrew circulated scheduled amendments Nos 120.1; 120.2; 120.3; 120.4; 120.5; 120.7;
120.8; 120.9; and 120.10 standing in his name.
On the motion of Mr Manzie the following further amendment was agreed to -
Omit paragraph (e) from the definition of "senior next of kin".
Clause 3, as amended, agreed to.
Clauses 4 and 5, by leave, taken together and agreed to.
Clause 6 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (4) all words after "inquest" and insert
in its stead "into -
(a) the death of a person -
(i) held in custody;
(ii) caused or contributed to by injuries sustained
while the person was held in custody; or
(iii) held in care; or
(b) a suspected unlawful killing.".
Clause 6, as amended, agreed to.
Clauses 7 to 11, by leave, taken together and agreed to.
Clause 12 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Insert in subclause (1), after paragraph (a)(i) of the
definition of "person held in custody", the following:
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"(ia) a member of the Police Force of a State or another
Territory of the Commonwealth or of the Australian
Federal Police;".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from subclause (1), from the definition of "person held
in custody", the words "Juvenile Justice Act." and insert
in their steady Juvenile Justice Act,
and includes a person in the process of being taken into or
escaping from -
(c) the custody or control of a person referred to in
paragraph (a); or
(d) detention in a place referred to in paragraph (b);".
On the motion of Mr Manzie the following further amendment was agreed to -
Insert in subclause (1), after paragraph (a)(vii) of the
definition of "reportable death", the following:
"(viia) that was caused or contributed to by injuries
sustained while the person was held in custody;".
Clause 12, as amended, agreed to.
Clauses 13 and 14, by leave, taken together and agreed to.
Clause 15 read.
On the motion of Mr Manzie the following amendment was agreed to -
Insert in clause (1), after paragraph (b), the following:
"(ba) was caused or contributed to by injuries sustained
while the deceased was held in custody;".
Clause 15, as amended, agreed to.
Clause 16 agreed to.
Clause 17 read.
On the motion of Mr Manzie the following amendments, by leave, were taken together and agreed to -
Omit subclause (2).
Omit from subclause (3) "subsection (2)" and insert in its
stead "subsection (1)".
Clause 17, as amended, agreed to.
Clauses 18 to 21, by leave, taken together and agreed to.
The Member for Macdonnell (Mr Bell) moved - That the following new clause 21A be inserted in the Bill -
"21A. NEXT OF KIN OF DECEASED TO BE NOTIFIED
"Where the coroner directs a medical practitioner to perform
an autopsy on -
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(a) a deceased person who was a person held in custody; or
(b) a relevant deceased person,
the coroner shall take reasonable steps to advise the
next of kin of the deceased person of the direction.".
On the motion of Mr Bell, by leave, the following amendment to
proposed new clause 21A was agreed to -
Omit proposed new clause 21A(b).
Proposed New Clause 21A, as amended, was inserted in the Bill.
Clauses 22 and 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from subclause (1) "in custody" and insert in its stead
"held in custody or caused or contributed to by injuries
sustained while being held in custody".
Clause 24, as amended, agreed to.
Clause 25 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit "in custody" (wherever occurring) and insert in its stead
"held in custody or caused or contributed to by injuries
sustained while held in custody".
Clause 25, as amended, agreed to.
Clause 26 read.
Mr Bell moved the following amendment -
Insert at the end the following:
"(4) Where a Minister has received a report or recommendation
under subsection (2)(a), the Minister shall, within 12 sitting
days of the Legislative Assembly after the tabling of the report
or recommendation under subsection (3), table in the Assembly a
report of -
(a) the response, if any, of the Minister to the adverse
comments contained in the report or recommendation;
and
(b) the alterations to the procedures or practice of the
department as a result of the report or
recommendation.".
Debate ensued.
Amendment negatived.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from subclause (2) "adverse" and insert in its stead
"relating".
On the motion of Mr Manzie the following further amendment was agreed to -
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Omit from subclause (2)(a) "a department" and insert in its
stead "an Agency, within the meaning of the Public Sector
Employment and Management Act".
Clause 26, as amended, agreed to.
Clauses 27 to 47, by leave, taken together and agreed to, after debate.
Clause 48 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) An inquest or inquiry commenced under the former Act and
not completed on the commencement of this Act shall, on that
commencement, be deemed to be an investigation under this Act
and the coroner conducting the investigation has the
jurisdiction, powers and functions vested under this Act.".
Clause 48, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Question - That the Bill be reported with amendments - put.
Debate ensued.
Paper tabled: Mr Bell, by leave, laid on the Table the following
Paper -
. Coroners Bill, Speaking Notes for Committee Stage Amendment.
Question - put and passed.
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.
The Attorney-General (Mr Manzie) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
16. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Greatorex (Mr Collins), by leave, laid
on the Table the following Papers -
. Notice of Appeal in the Supreme Court of New South Wales, Sydney
Registry, CA.40223, Anthony Thomas Rigg and Dorothy Ann Rigg,
Appellants; Commonwealth Bank of Australia, Respondent;
. Chronological Medical Ozone References, An abbreviated list,
with a Concentration on Successful AIDS Research, by Ed McCabe;
and
. "NIH Meets Former AIDS Patients who Successfully Used Ozone
Therapy", by Ed McCabe.
Question - put and passed.
The Assembly adjourned at 11.56 p.m. until tomorrow at 10.00 a.m.
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PAPERS:
The following Papers were deemed to have been presented on Tuesday 25 May 1993:
Community Government Scheme
Anmatjere
Plans of Management:
Devils Marbles Conservation Reserve, October 1992, Attachment A
Devils Marbles Conservation Reserve, Public Presentations, Attachment B
Devils Marbles Conservation Reserve - Consideration of Public Comments, October 1992, Attachment C
Kuyunba Conservation Reserve, May 1993, Attachment A
Kuyunba Conservation Reserve - Review of Public Submissions, May 1993, Attachment B.
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ATTENDANCE:
All Members attended the sitting.
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__________________________________________________________________________________
Date : 25/05/1993
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. MESSAGE FROM THE ADMINISTRATOR:
The Speaker read the following message from His Honour the Administrator:
Message No. 10
I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory
(Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to provide for suits by and
against the Government and for related purposes, which, in part, allows for the appropriation of money from the Consolidated Fund to meet the
costs associated with a Court judgement against the Northern Territory.
Dated 21 May 1993
(Sgd) AUSTIN ASCHE
Administrator.
4. APPOINTMENT OF CLERK - IAN BRUCE McNEILL:
The Speaker advised Honourable Members that His Honour the Administrator had, on 24 May 1993, appointed Ian Bruce McNeill, Clerk of the
Legislative Assembly of the Northern Territory.
5. DISTINGUISHED VISITORS - STANDING COMMITTEE ON SCRUTINY OF BILLS AND SUBORDINATE LEGISLATION, AUSTRALIAN CAPITAL TERRITORY:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mrs Ellnor Grassby, MLA; Mr Gary Humphries, MLA; and
Ms Helen Szuty, MLA, from the Standing Committee on Scrutiny of Bills and Subordinate Legislation of the A.C.T. Legislative Assembly; Emeritus
Professor Douglas Whalan, Legal Advisor to that Committee; and Mr David Hunt, Parliamentary Counsel to the A.C.T.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitors.
6. NOTICES:
The following notices were given:
Mr Ortmann: To present the Traffic Amendment Act 1992 Amendment Bill 1993 (Serial 250).
Mr Ortmann: To present the Water Supply and Sewerage Amendment Bill 1993 (Serial 251).
Mr Ortmann: To present the Electricity Amendment Bill 1993 (Serial 252).
Mr Coulter: To present the Racing and Gaming Authority Bill 1993 (Serial 245).
Mr Coulter: To present the Taxation (Administration) Amendment Bill 1993 (Serial 238).
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Mr Coulter: To present the Pay-roll Tax Amendment Bill 1993 (Serial 237).
Mr Coulter: To present the Business Franchise Amendment Bill 1993 (Serial 236).
Mr Coulter: To present the Financial Administration and Audit Amendment Bill (No.2) 1993 (Serial 235).
Mr Coulter: To present the Racing and Betting Amendment Bill 1993 (Serial 246).
Mr Coulter: To present the Totalizator Administration and Betting Amendment Bill 1993 (Serial 247).
Mr Manzie: To present the Criminal Records (Spent Convictions) Amendment Bill 1993 (Serial 233).
Mr Manzie: To present the Crown Proceedings Bill 1993 (Serial 239).
Mr Manzie: To present the Supreme Court Amendment Bill 1993 (Serial 240).
Mr Manzie: To present the Consumer Affairs and Fair Trading Bill 1993 (Serial 244).
Mr Manzie: To present the Prostitution Regulation Amendment Bill 1993 (Serial 248).
Mr Manzie: To present the Limitation Amendment Bill 1993 (Serial 249).
7. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), by leave, made a personal explanation relating to comments made by the Member for Brennan
(Mr Ortmann) and the Member for Sanderson (Mr Manzie) on Thursday 20 May 1993 regarding the rezoning applications for the Hornsby sub-division in
Alice Springs and the alleged misleading of the Assembly by Mr Bell.
8. QUESTIONS:
A question was asked of a Minister.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Writ, in the Supreme Court of the Northern Territory of Australia, No.74 of 1993 (9309367) between Mark Joseph
Trahair, Plaintiff, and Dennis William Hart, First Defendant; and Robert Lionel Treherne, Second Defendant; and the Northern
Territory of Australia, Third Defendant.
Further questions were asked of Ministers.
Papers tabled: The Chief Minister (Mr Perron) laid on the Table the following Papers -
. Letter, Meredith Harrison, Solicitor for the Northern Territory to Mr Lex Silvester, Mildrens, Barristers and Solicitors,
dated 28 April 1993;
. Letter, A.H. Silvester, Mildrens, Barristers and Solicitors, to Ms Meredith Harrison, Solicitor for the Northern Territory,
dated 15 July 1992; and
. Irrevocable Authority, signed by Dennis William Hart, dated 15 July 1992.
Further questions were asked of Ministers.
Supplementary answer: The Chief Minister (Mr Perron) gave a supplementary answer to a question asked by the Member for Nelson
(Mrs Padgham-Purich) on Wednesday 19 May 1993.
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9. PERSONAL EXPLANATION:
The Deputy Leader of the Opposition (Mr Bailey), by leave, made a personal explanation relating to comments made by the Minister for
Education (Mr Finch) during Question Time this day.
10. WATER IN REMOTE COMMUNITIES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Transport and Works (Mr Ortmann) made a statement relating to the provision of water to remote communities in the Northern
Territory.
Mr Ortmann moved - That the Assembly take note of the Statement.
Debate ensued.
Display of Maori Regalia: The Speaker advised Honourable Members of the display, in the foyer of the Legislative Assembly, of Maori Regalia
consisting of an ornately carved Maori Chief's paddle and a Wokanui Chest with Maori Cloak feathers. The Regalia was associated with the
World Indigenous People's Conference on Education which will be held in Wollongong from 11 to 17 December 1993.
____________________
Suspension of sitting: The sitting was suspended between 11.51 a.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put and passed.
11. N.T. PUBLIC SECTOR FORWARD ESTIMATES OF EXPENDITURE, 1993-94 AND 1994-95 - PAPER TABLED - MOTION TO NOTE PAPER:
The Treasurer (Mr Coulter) laid on the Table the Forward Estimates of Expenditure for 1993-94 and 1994-95 for the N.T. Public Sector, dated May 1993.
Paper tabled: Mr Coulter laid on the Table the following Paper -
. Erratum, N.T. Public Sector Forward Estimates of Expenditure, 1993-94 and 1994-95.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Paper.
Debate ensued.
On the motion of the Minister for Transport and Works (Mr Ortmann) debate was adjourned.
12. MATTER OF PUBLIC IMPORTANCE - MAJOR CHANGES IN EDUCATION POLICY:
The Speaker informed the Assembly that the Deputy Leader of the Opposition (Mr Bailey) had proposed that the following definite matter
of public importance be submitted to the Assembly for discussion this day:
"that the Legislative Assembly expresses its concern at the inadequate time given by the Minister for Education for public
discussion of major changes in education policy particularly the changes to senior secondary education in Darwin."
And the proposed discussion having received the necessary support -
The Speaker called on Mr Bailey to address the Assembly.
Discussion ensued.
Paper tabled: The Minister for Education (Mr Finch) laid on the Table the following Paper -
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. Letter, Brian Josephs, Chairman, Dripstone High School Council to the President, NT COGSO, dated 25 May 1993.
Discussion continued.
Discussion concluded.
13. BUILDING BILL 1993 (Serial 206):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Chairman - Mr McCarthy)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Lands and Housing (Mr Hatton) the following amendment was agreed to -
Omit the definition of "annual practice certificate".
Clause 4, as amended, agreed to.
Clauses 5 to 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of Mr Hatton the following amendment was agreed to -
Add at the end the following:
"(4) Conditions prescribed for the purposes of subsections
(1)(c), (2)(c) or (3)(c) may include a condition requiring a
building practitioner to hold a policy of professional indemnity
or other insurance of a type or for an amount, or both, approved
by the Practitioners Board.
"(5) A person shall not perform a function of a building
practitioner unless the person holds a policy of insurance, if
any, required as a condition of his, hers or its registration as
a building practitioner.
Penalty: $10,000.".
Clause 24, as amended, agreed to.
Clause 25 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) paragraph (a) and insert in its stead
the following:
"(a) it shall be carried out by or at the direction of a
partner who is a building practitioner in the relevant
category and shall be certified by that partner; and".
604
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (2) paragraph (a) and insert in its stead
the following:
"(a) it shall be carried out by or at the direction of a
person concerned in the management or conduct of the
corporation who is a building practitioner in the
relevant category and shall be certified by that person;
and".
Clause 25, as amended, agreed to.
Clause 26 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit all words before paragraph (a) and insert in their stead
the following:
"The Practitioners Board may, by order, cancel, or suspend for
such period as it specifies in the order, the registration of a
building practitioner, if it is satisfied that -".
Clause 26, as amended, agreed to.
Clauses 27 to 34, by leave, taken together and agreed to.
Clause 35 read.
On the motion of Mr Hatton the following amendment was agreed to, after debate -
Omit subclause (2) and insert in its stead the following:
"(2) An appeal under subsection (1) shall be by way of a
review of the evidence before the Practitioners Board and no
fresh evidence or fresh information may be given on the appeal
unless, in the opinion of the Court, there were special reasons
that prevented its presentation to the Practitioners Board at
the inquiry under Division 3.".
Clause 35, as amended, agreed to.
Clause 36 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert at the end "and may notify such other persons, and in
such manner, as it thinks fit".
Clause 36, as amended, agreed to.
Clause 37 negatived.
Clause 38 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "and annual practice certificate".
Clause 38, as amended, agreed to.
Clause 39 read.
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On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (3).
Clause 39, as amended, agreed to.
Clauses 40 and 41, by leave, taken together and agreed to.
Clause 42 read.
The Member for Victoria River (Mr Cartwright) moved the following amendment -
Insert at the end the following:
"(4) A building certifier shall not grant a building permit or
an occupancy permit in respect of a building or building work if
he or she -
(a) is or was involved in;
(b) is employed by or was recently employed by a body
involved in; or
(c) has or had a direct or indirect pecuniary interest in a
body which is or was involved in,
the design or construction of a building or building work to
which the permit relates.".
Debate ensued.
Question - put and negatived.
Clause 42 agreed to.
Clause 43 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) paragraph (c) and insert in its stead
the following:
"(c) provide to the Director within 7 days after the permit is
granted or subsequently amended, a copy of the permit, or
the permit as amended, together with such other
documents, if any, as are prescribed.".
Clause 43, as amended, agreed to.
Clauses 44 to 59, by leave, taken together and agreed to.
Clause 60 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "or greater".
Clause 60, as amended, agreed to.
Clauses 61 and 62, by leave, taken together and agreed to.
Clause 63 negatived.
On the motion of Mr Hatton the following new clause was inserted in
the Bill, after debate -
"63. NOTIFICATION DURING BUILDING WORK
"(1) Before building work is commenced the building certifier
who granted the building permit for the work shall, in writing,
notify the person who is to carry out or be in charge of
606
carrying out of the building work the stages ("inspection
stages"), if any, of the building work on the completion of
which the person shall notify the building certifier.
"(2) The Regulations may prescribe inspection stages on the
completion of which a person carrying out or in charge of the
carrying out of the building work shall notify the Director or
the relevant building certifier.
"(3) A person required under subsection (1) or (2) to notify a
building certifier or the Director shall not carry out any
building work after completing an inspection stage until -
(a) the building certifier or the Director, as the case
may be, has advised the person that the building work
may proceed; or
(b) the building work, completed to that inspection
stage, has been inspected in accordance with
section 64.
Penalty: $1,000.".
Clause 64 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclauses (1), (2) and (3) and insert in their stead the
following:
"(1) Subject to subsection (4), a building certifier or the
Director may, at any reasonable time, on being notified under
section 63 that an inspection stage has been completed, inspect
the building work concerned.
"(2) Subject to subsection (4), the building certifier or the
Director may inspect building work at any time, whether or not
an inspection stage under section 63 has been completed.".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (4) "or a qualified person" and insert in
its stead "or the Director".
Clause 64, as amended, agreed to.
Clause 65 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "or a qualified person" and insert in
its stead "or the Director".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (2) "or qualified person" and insert in
its stead "or the Director".
On the motion of Mr Hatton the following further amendment was agreed to -
607
Omit from subclause (2) "issued" and insert in its stead
"served".
Clause 65, as amended, agreed to.
Clauses 66 to 124, by leave, taken together and agreed to.
Clause 125 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subsection (2) "section 123(2)" and insert in its
stead "section 124(2)".
Clause 125, as amended, agreed to.
Clauses 126 to 133, by leave, taken together and agreed to.
Clause 134 read.
On the motion of Mr Hatton the following amendment was agreed to, after debate -
Omit subclause (2) and insert in its stead the following:
"(2) Where a member of the Appeals Board is not available
after the Appeals Board has commenced to hear a matter, the
Chairman may, on the application of a party, nominate another
member ('new member') to fill the vacancy to enable the hearing
to continue.
"(3) Where a new member is nominated under subsection (2) in
place of a former member -
(a) the new member shall treat any evidence given,
document produced or thing done in the course of
earlier proceedings in the same manner and in all
respects as if it had been given, produced or done in
the course of the proceedings by the Appeals Board as
constituted with the new member;
(b) an interim award or order made in the course of the
earlier proceedings shall be deemed to have been made
as though made by the Appeals Board as constituted
with the new member; and
(c) the Appeals Board as constituted with the new member
may adopt and act on a determination of a matter made
in the course of the earlier proceedings without the
new member applying his or her own judgment to the
matter,
and the Regulations may make provision for any other matter in
relation to the hearing.".
Clause 134, as amended, agreed to.
Clauses 135 to 162, by leave, taken together and agreed to.
Clause 163 negatived.
Clauses 164 to 174, by leave, taken together and agreed to.
Schedule 1 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit item 32.
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Mr Cartwright moved the following further amendment -
Insert at the end the following:
"47. The registration of persons engaged in the construction
of buildings or building works.".
Debate ensued.
Amendment negatived.
Schedule 1, as amended, agreed to.
Schedule 2 agreed to.
Schedule 3 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from the heading "section 58 and 69" and insert in its
stead "sections 58, 69 and 76".
On the motion of Mr Hatton the following further amendment was agreed to -
Insert after item 3 the following:
"3A. FORM OF PERMIT
"A building or occupancy permit shall be in an approved form.".
Schedule 3, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
____________________
The Deputy Speaker (Mr Collins) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
On the motion of the Minister for Lands and Housing (Mr Hatton) the Bill was read a third time and passed to be a proposed law.
14. CRIMINAL RECORDS (SPENT CONVICTIONS) AMENDMENT BILL 1993 (Serial 233):
The Attorney-General (Mr Manzie), by leave, presented a Bill for an Act to amend the Criminal Records (Spent Convictions) 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.
15. CORONERS BILL 1993 (Serial 220):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
609
____________________
In the Committee
(Chairman - Mr McCarthy)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
Debate ensued.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to -
Omit the definitions of "person held in care" and "person held
in custody" and insert in their stead respectively the following:
"'person held in care' has the same meaning as in section 12(1);
'person held in custody' has the same meaning as in
section 12(1);".
The Member for Macdonnell (Mr Bell), by leave, withdrew circulated scheduled amendments Nos 120.1; 120.2; 120.3; 120.4; 120.5; 120.7;
120.8; 120.9; and 120.10 standing in his name.
On the motion of Mr Manzie the following further amendment was agreed to -
Omit paragraph (e) from the definition of "senior next of kin".
Clause 3, as amended, agreed to.
Clauses 4 and 5, by leave, taken together and agreed to.
Clause 6 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (4) all words after "inquest" and insert
in its stead "into -
(a) the death of a person -
(i) held in custody;
(ii) caused or contributed to by injuries sustained
while the person was held in custody; or
(iii) held in care; or
(b) a suspected unlawful killing.".
Clause 6, as amended, agreed to.
Clauses 7 to 11, by leave, taken together and agreed to.
Clause 12 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Insert in subclause (1), after paragraph (a)(i) of the
definition of "person held in custody", the following:
610
"(ia) a member of the Police Force of a State or another
Territory of the Commonwealth or of the Australian
Federal Police;".
On the motion of Mr Manzie the following further amendment was agreed to -
Omit from subclause (1), from the definition of "person held
in custody", the words "Juvenile Justice Act." and insert
in their steady Juvenile Justice Act,
and includes a person in the process of being taken into or
escaping from -
(c) the custody or control of a person referred to in
paragraph (a); or
(d) detention in a place referred to in paragraph (b);".
On the motion of Mr Manzie the following further amendment was agreed to -
Insert in subclause (1), after paragraph (a)(vii) of the
definition of "reportable death", the following:
"(viia) that was caused or contributed to by injuries
sustained while the person was held in custody;".
Clause 12, as amended, agreed to.
Clauses 13 and 14, by leave, taken together and agreed to.
Clause 15 read.
On the motion of Mr Manzie the following amendment was agreed to -
Insert in clause (1), after paragraph (b), the following:
"(ba) was caused or contributed to by injuries sustained
while the deceased was held in custody;".
Clause 15, as amended, agreed to.
Clause 16 agreed to.
Clause 17 read.
On the motion of Mr Manzie the following amendments, by leave, were taken together and agreed to -
Omit subclause (2).
Omit from subclause (3) "subsection (2)" and insert in its
stead "subsection (1)".
Clause 17, as amended, agreed to.
Clauses 18 to 21, by leave, taken together and agreed to.
The Member for Macdonnell (Mr Bell) moved - That the following new clause 21A be inserted in the Bill -
"21A. NEXT OF KIN OF DECEASED TO BE NOTIFIED
"Where the coroner directs a medical practitioner to perform
an autopsy on -
611
(a) a deceased person who was a person held in custody; or
(b) a relevant deceased person,
the coroner shall take reasonable steps to advise the
next of kin of the deceased person of the direction.".
On the motion of Mr Bell, by leave, the following amendment to
proposed new clause 21A was agreed to -
Omit proposed new clause 21A(b).
Proposed New Clause 21A, as amended, was inserted in the Bill.
Clauses 22 and 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from subclause (1) "in custody" and insert in its stead
"held in custody or caused or contributed to by injuries
sustained while being held in custody".
Clause 24, as amended, agreed to.
Clause 25 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit "in custody" (wherever occurring) and insert in its stead
"held in custody or caused or contributed to by injuries
sustained while held in custody".
Clause 25, as amended, agreed to.
Clause 26 read.
Mr Bell moved the following amendment -
Insert at the end the following:
"(4) Where a Minister has received a report or recommendation
under subsection (2)(a), the Minister shall, within 12 sitting
days of the Legislative Assembly after the tabling of the report
or recommendation under subsection (3), table in the Assembly a
report of -
(a) the response, if any, of the Minister to the adverse
comments contained in the report or recommendation;
and
(b) the alterations to the procedures or practice of the
department as a result of the report or
recommendation.".
Debate ensued.
Amendment negatived.
On the motion of Mr Manzie the following amendment was agreed to -
Omit from subclause (2) "adverse" and insert in its stead
"relating".
On the motion of Mr Manzie the following further amendment was agreed to -
612
Omit from subclause (2)(a) "a department" and insert in its
stead "an Agency, within the meaning of the Public Sector
Employment and Management Act".
Clause 26, as amended, agreed to.
Clauses 27 to 47, by leave, taken together and agreed to, after debate.
Clause 48 read.
On the motion of Mr Manzie the following amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) An inquest or inquiry commenced under the former Act and
not completed on the commencement of this Act shall, on that
commencement, be deemed to be an investigation under this Act
and the coroner conducting the investigation has the
jurisdiction, powers and functions vested under this Act.".
Clause 48, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Question - That the Bill be reported with amendments - put.
Debate ensued.
Paper tabled: Mr Bell, by leave, laid on the Table the following
Paper -
. Coroners Bill, Speaking Notes for Committee Stage Amendment.
Question - put and passed.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
The Attorney-General (Mr Manzie) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.
16. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Greatorex (Mr Collins), by leave, laid
on the Table the following Papers -
. Notice of Appeal in the Supreme Court of New South Wales, Sydney
Registry, CA.40223, Anthony Thomas Rigg and Dorothy Ann Rigg,
Appellants; Commonwealth Bank of Australia, Respondent;
. Chronological Medical Ozone References, An abbreviated list,
with a Concentration on Successful AIDS Research, by Ed McCabe;
and
. "NIH Meets Former AIDS Patients who Successfully Used Ozone
Therapy", by Ed McCabe.
Question - put and passed.
The Assembly adjourned at 11.56 p.m. until tomorrow at 10.00 a.m.
613
====================
PAPERS:
The following Papers were deemed to have been presented on Tuesday 25 May 1993:
Community Government Scheme
Anmatjere
Plans of Management:
Devils Marbles Conservation Reserve, October 1992, Attachment A
Devils Marbles Conservation Reserve, Public Presentations, Attachment B
Devils Marbles Conservation Reserve - Consideration of Public Comments, October 1992, Attachment C
Kuyunba Conservation Reserve, May 1993, Attachment A
Kuyunba Conservation Reserve - Review of Public Submissions, May 1993, Attachment B.
====================
ATTENDANCE:
All Members attended the sitting.
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Last updated: 04 Aug 2016