Minutes of Proceedings - 1992-11-18
Sixth Assembly First Session 17/11/1992 Parliamentary Record No. 14
__________________________________________________________________________________
Date : 18/11/1992__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. PETITION:
Mr Parish presented a petition from 324 citizens of the Northern Territory requesting the Assembly to provide increased services from the Nightcliff Police Station and to upgrade lighting and security at Housing Commission residences within
the Nightcliff area in order to reduce street crime.
Petition read.
4. QUESTIONS:
Questions were asked of Ministers.
Papers tabled: The Treasurer (Mr Coulter) laid on the Table the following Papers -
~ Comparison of Graphs - based on Budget Paper No. 3; and
~ Table based on Budget Paper No. 3.
Further questions were asked of Ministers.
Papers tabled: The Minister for Correctional Services (Mr Reed) laid on the Table the following Papers -
~ Letter, sent by Mr B.R. Ede, MLA, Leader of the Opposition, dated 27 October 1992; and
~ Letter, sent by Mr B.R. Ede, MLA, Leader of the Opposition, dated 9 October 1992,
with attachment "Initiatives in Crime Control".
Further questions were asked of Ministers.
5. JUVENILE CRIME, INITIATIVES AND PROGRAMS - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Correctional Services (Mr Reed) made a statement relating to the initiatives and programs relating to
juvenile crime which are under consideration by the Government.
Paper tabled: Mr Reed laid on the Table the following Paper -
~ Graphs and Tables (4) of Detention Rates in Juvenile Corrective Institutions in Australia.
Mr Reed moved - That the Assembly take note of the Statement.
Debate ensued.
Suspension of Standing Orders: The Attorney-General (Mr Manzie) moved -
That so much of Standing Orders be suspended as would prevent the Minister for Education (Mr Stone) completing his speech.
Page 491
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Debate continued.
Suspension of sitting: The sitting was suspended between 12.12 p.m. and 2.15 p.m.
Debate resumed.
The Leader of the Opposition (Mr Ede) moved - That the debate be adjourned.
Question - put and negatived.
Debate continued.
Papers tabled: Mr Reed laid on the Table the following Papers -
~ Newspaper Article - "Department looks to a rosier image", by Tony Nelson,
Northern Territory News, dated 11 November 1992;
~ Newspaper Article - "Damage repair move positive", by Henry Gray,
Northern Territory News, dated 14 November 1992;
~ Newspaper Article - "Progress made against vandalism", by Henry Gray,
Northern Territory News, dated 31 October 1992;
~ Newspaper Article - "Vandal groups to tidy mess",Northern Territory News,
dated 28 October 1992; and
~ Newspaper Article - "Justice panel may help youths", Sunday Territorian,
dated 15 November 1992.
Question - put and passed.
6. PERSONAL EXPLANATION:
The Leader of the Opposition (Mr Ede), by leave, made a personal explanation regarding comments made by the Minister for Correctional Services (Mr Reed) during Question Time this day.
Papers tabled: Mr Ede, by leave, laid on the Table the following Papers -
~ Letter, sent by Mr B.R. Ede, MLA, Leader of the Opposition, dated 9 October 1992;
~ "Initiatives in Crime Control", Summary of Discussion Paper, October 1992;
~ Letter, Mr B.R. Ede, MLA, Leader of the Opposition to Hon M.A. Reed, MLA,
Minister for Correctional Services, dated 18 November 1992;
~ Copy of envelope, C. Liddy to J.Q. Liddy, postmarked 16 October 1992; and
~ Reply form addressed to Brian Ede from Christopher Liddy.
7. PERSONAL EXPLANATION:
The Minister for Correctional Services (Mr Reed), by leave, made a personal explanation regarding comments made by the
Leader of the Opposition (Mr Ede) when making a personal explanation this day.
8. PERSONAL EXPLANATION - LEAVE DENIED:
The Deputy Leader of the Opposition (Mr Bailey) asked leave to make a personal explanation.
Objection being raised, leave denied.
Page 492
9. PUBLICATIONS COMMITTEE, EIGHTH REPORT - PAPER TABLED - REPORT ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Eighth Report of the Publications Committee recommending that the following Papers be printed:
_____________________________________________________________________
Date
Title Tabled
_____________________________________________________________________
Darwin Region Tourism Association - Kennedy Report -
"NT Tourism - The Way Ahead", Review of Report and
Recommendations 18.8.92
Discussion Paper, Sexual Abuse 19.8.92
Juvenile Justice Board of Management, Northern Region,
Annual Report 1991-92 13.8.92
Juvenile Justice Board of Management, Southern Region,
Annual Report 1991-92 13.8.92
Heritage Advisory Council, Annual Report 1991-92 19.8.92
Northern Territory Open College of TAFE, Annual Report 1991 20.8.92
Northern Territory Public Sector Debt, August 1992 20.8.92
Northern Territory Rural College of TAFE, Annual Report 1991 20.8.92
Northern Territory Tourism - The Way Ahead, Review of the
Northern Territory Tourist Commission, Report prepared for the
Hon. Marshall Perron, Chief Minister, Northern Territory by
J.J. Kennedy, CBE, Review Chairman, dated June 1992 11.8.92
Northern Territory University, Annual Report 1991 20.8.92
Office of the Director of Public Prosecutions,
Annual Report 1991-92 20.8.92
Plan of Management, Howard Springs Nature Reserve
and Hunting Reserve 11.8.92
Plan of Management, Howard Springs Nature Reserve
and Hunting Reserve, Public Representations 11.8.92
Plan of Management, Howard Springs Nature Reserve
and Hunting Reserve, Consideration of Public Representations 11.8.92
Mr Setter moved - That the Report be adopted.
Question - put and passed.
10. BUSINESS POSTPONED:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No. 1, relating to the Domestic Violence Bill 1992 (Serial 184) and Justices Amendment Bill 1992 (Serial 183) be postponed until consideration of
Orders of the Day No. 3 relating to the Criminal Records (Spent Convictions) Bill 1992 (Serial 156) and Juvenile Justice Amendment Bill 1992 (Serial 157).
Question - put and passed.
11. LEGAL AID AMENDMENT BILL 1992 (Serial 171):
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 Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
Page 493
12. CRIMINAL RECORDS (SPENT CONVICTIONS) BILL 1992 (Serial 156); and JUVENILE JUSTICE AMENDMENT
BILL 1992 (Serial 157):
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 - Mrs Hickey)
Criminal Records (Spent Convictions) Bill 1992 (Serial 156):
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit from clause 5 "(including section 6(2))".
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit from clause 10(1) "imprisonment" and insert in its stead "imprisonment for 7 years or more".
Debate ensued.
Amendment negatived.
Mr Bell moved the following further amendment -
Omit clause 18.
Debate ensued.
Amendment negatived.
Bill, as amended, agreed to, after debate.
Bill to be reported with an amendment.
Juvenile Justice Amendment Bill 1992 (Serial 157):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported that the Committee had
considered the Bills and agreed to the Criminal Records (Spent Convictions) Bill 1992 (Serial 156) with an amendment;
and the Juvenile Justice Amendment Bill 1992 (Serial 157) without amendment; and the report was adopted.
On the motion of Mr Manzie the Bills were read a third time and passed to be proposed laws.
13. DOMESTIC VIOLENCE BILL 1992 (Serial 184); and JUSTICES AMENDMENT BILL 1992 (Serial 183):
The Assembly, according to order, resolved itself into Committee of the Whole for the consideration of the Bills.
Page 494
In the Committee
(Deputy Chairman - Mr McCarthy)
Domestic Violence Bill 1992 (Serial 184):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Insert at the end the following:
"(2) For the purposes of this Act a reference to a person as a member of a
family includes a reference to any person who normally resides with the family
and is a dependant of any one of the members of the family.
"(3) Where an order is made under this Act in relation to a spouse of a
defendant the order is deemed to also include any person who is a member
of the family of the defendant unless the person applies to the Court to be
excluded from the order and the order is varied by the Court to that effect.".
Debate ensued.
Amendment negatived.
Clause 3 agreed to.
Clauses 4 and 5, by leave, taken together and agreed to.
Clause 6 read.
Mr Bell moved the following amendment -
Insert after subclause (5)(c) the following:
"(ca) if the person for whose protection the order is sought is residing with the
defendant, order that the defendant be removed from the residence and
be counselled with respect to his or her behaviour within 24 hours of the
making of the order;".
Debate ensued.
Amendment negatived.
Clause 6, agreed to, after debate.
Clause 7 read.
Mr Bell, by leave, moved the following amendments together -
Insert after "against a person" in subclause (1), the words
"or is in possession of an interstate restraining order that is apparently valid and in force"; and
Insert after "Section 4" in subclause (1) the words "or Section 14, as the case requires,".
Debate ensued.
Amendments negatived.
Clause 7 agreed to.
Clause 8 agreed to.
On the motion of the Attorney-General (Mr Manzie) the following new clause was inserted in the Bill, after debate -
Page 495
"8B. CONSENT TO VARIATION OR REVOCATION OF ORDER
"(1) Notwithstanding section 8(2), but subject to this section, the Court or the
Clerk (and for that purpose the Clerk has the necessary jurisdiction) may, with
the consent of the defendant and the defendant's spouse, on application by a
party to a proceeding, vary or revoke a restraining order made under section
4(1)(a), (b) or (c).
"(2) If the Clerk is not satisfied that an order referred to in subsection (1)
should be varied or revoked, he or she shall refer the application to the
Court for decision.
"(3) Where the Clerk refers an application to the Court under subsection (2),
the Court may -
(a) make the order sought; or
(b) give directions as to the application.
"(4) The Court or the Clerk shall not make an order for variation in
pursuance of this section unless the Court or the Clerk has explained or
caused to be explained to the defendant -
(a) the purpose and effect of the variation; and
(b) the consequences that may follow if the defendant fails to comply with the proposed variation.".
Clause 9 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (1) the penalty provision and insert in its stead the following:
"Penalty: For a first or second offence - $2,000 or imprisonment for 6 months.
For a third or subsequent offence - imprisonment for not less than 7 days or more than 6 months.".
Clause 9, as amended, agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill, after debate -
"9A. ENFORCEMENT OF INTERSTATE RESTRAINING ORDERS BEFORE REGISTRATION
"(1) Where a member of the Police Force forms the opinion, on reasonable
grounds, that an interstate restraining order is in force against a person
in the State or Territory in which it was made, the member may -
(a) notwithstanding that the interstate restraining order is not registered under section 15; and
Page 496
(b) after forming that opinion but not later than 72 hours after making the relevant declaration under
subsection (2), exercise his or her powers, and section 9(1) shall for all purposes have effect,
as if the interstate restraining order were a restraining order referred to in section 9(1).
"(2) A member of the Police Force shall, as soon as practicable after forming the opinion referred to
in subsection (1), make a declaration to that effect in accordance with the prescribed form and
shall forward it to the Commissioner.".
Clause 10 agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -
"10A. COURT MAY ORDER COURT TO BE CLOSED
"The Court may, if it thinks fit, order that all or any persons (except the
parties) shall go and remain outside and beyond the hearing of the Court.".
Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported with amendments.
Justices Amendment Bill 1992 (Serial 183):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr McCarthy) reported that the Committee had
considered the Bills and agreed to the Domestic Violence Bill 1992 (Serial 184) with amendments and the Justices
Amendment Bill 1992 (Serial 183) without amendment; and the report was adopted.
Mr Manzie moved - That the Bills be now read a third time.
Debate ensued.
Question - put and passed.
The Bills were read a third time and passed to be proposed laws.
14. CORPORATIONS (NORTHERN TERRITORY) AMENDMENT BILL 1992 (Serial 187); and
CULLEN BAY MARINA BILL 1992 (Serial 179):
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.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit all words after "That" and insert in their stead "The Bills be withdrawn and that the Cullen Bay Marina Bill 1992
be redrafted to include the agreement between the Northern Territory of Australia and Darwin Marina Estates Pty
Limited as a schedule to the Bill.".
The Minister for Industries and Development (Mr Hatton) 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) -
Page 497
AYES, 14 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mr Parish
Mr Perron Mr Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mr Parish Mr McCarthy
Mr Rioli Mr Ortmann
Mr Stirling Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Amendment negatived accordingly.
Debate continued.
Paper tabled: The Minister for Lands and Housing (Mr Ortmann) laid on the Table the following Paper -
~ Instrument of Determination S2131 under section 95 of the Planning Act, dated 8 March 1991.
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.
Page 498
In the Committee
(Deputy Chairman - Mr McCarthy)
Corporations (Northern Territory) Amendment Bill 1992 (Serial 187):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Cullen Bay Marina Bill 1992 (Serial 179):
Clause 1 agreed to.
Clause 2 read.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the following amendment was agreed to, after debate -
Omit from the definition of "common property" all words after "section 13" and
insert in their stead ", the lock and associated structures and the easements
for the maintenance of, and access to, the revetments and the lock and
associated structures".
Clause 2, as amended, agreed to.
Clauses 3 to 9, by leave, taken together and agreed to.
Clause 10, agreed to, after debate.
Clause 11 agreed to.
Clause 12 agreed to, after debate.
Clause 13 agreed to, after debate.
Clause 14 agreed to.
Clause 15 agreed to.
Clause 16 agreed to.
Clause 17 agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills
and agreed to the Corporations (Northern Territory) Amendment Bill1992 (Serial 187) without amendment; and the Cullen Bay
Marina Bill 1992 (Serial 179) with an amendment; and the report was adopted.
On the motion of Mr Ortmann the Bills were read a third time and passed to be proposed laws.
15. ADJOURNMENT:
The Minister for Tourism (Mr Vale) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
~ "Jobskills Program: Union Issues in Northern Territory", issued by Community Strategies Branch,
Department of Employment, Education and Training, dated 18 November 1992.
Debate continued.
Page 499
November 1992 A.M.
Paper tabled: The Minister for Transport and Works (Mr Finch) laid on the Table the following Paper -
~ "Fred Finch is a Hypocrite", Media Release, Northern Territory Trades and Labour Council, dated 18 November 1992.
Debate continued.
And the Assembly having continued to sit until 12 midnight -
THURSDAY 19 NOVEMBER 1992, A.M.
Debate continued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
~ Letter, Anonymous to Mr Denis Collins, MLA, dated 13 November 1992.
Question - put and passed.
The Assembly adjourned at 12.31 a.m. until 10.00 a.m. this day.
PAPERS:
The following Papers were deemed to have been presented on Wednesday 18 November 1992:
Hospital Management Boards:
Alice Springs, 1991-92
Royal Darwin, 1991-92.
ATTENDANCE:
All Members attended the sitting.
Page 500
__________________________________________________________________________________
Date : 18/11/1992
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. PETITION:
Mr Parish presented a petition from 324 citizens of the Northern Territory requesting the Assembly to provide increased services from the Nightcliff Police Station and to upgrade lighting and security at Housing Commission residences within
the Nightcliff area in order to reduce street crime.
Petition read.
4. QUESTIONS:
Questions were asked of Ministers.
Papers tabled: The Treasurer (Mr Coulter) laid on the Table the following Papers -
~ Comparison of Graphs - based on Budget Paper No. 3; and
~ Table based on Budget Paper No. 3.
Further questions were asked of Ministers.
Papers tabled: The Minister for Correctional Services (Mr Reed) laid on the Table the following Papers -
~ Letter, sent by Mr B.R. Ede, MLA, Leader of the Opposition, dated 27 October 1992; and
~ Letter, sent by Mr B.R. Ede, MLA, Leader of the Opposition, dated 9 October 1992,
with attachment "Initiatives in Crime Control".
Further questions were asked of Ministers.
5. JUVENILE CRIME, INITIATIVES AND PROGRAMS - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Correctional Services (Mr Reed) made a statement relating to the initiatives and programs relating to
juvenile crime which are under consideration by the Government.
Paper tabled: Mr Reed laid on the Table the following Paper -
~ Graphs and Tables (4) of Detention Rates in Juvenile Corrective Institutions in Australia.
Mr Reed moved - That the Assembly take note of the Statement.
Debate ensued.
Suspension of Standing Orders: The Attorney-General (Mr Manzie) moved -
That so much of Standing Orders be suspended as would prevent the Minister for Education (Mr Stone) completing his speech.
Page 491
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Debate continued.
Suspension of sitting: The sitting was suspended between 12.12 p.m. and 2.15 p.m.
Debate resumed.
The Leader of the Opposition (Mr Ede) moved - That the debate be adjourned.
Question - put and negatived.
Debate continued.
Papers tabled: Mr Reed laid on the Table the following Papers -
~ Newspaper Article - "Department looks to a rosier image", by Tony Nelson,
Northern Territory News, dated 11 November 1992;
~ Newspaper Article - "Damage repair move positive", by Henry Gray,
Northern Territory News, dated 14 November 1992;
~ Newspaper Article - "Progress made against vandalism", by Henry Gray,
Northern Territory News, dated 31 October 1992;
~ Newspaper Article - "Vandal groups to tidy mess",Northern Territory News,
dated 28 October 1992; and
~ Newspaper Article - "Justice panel may help youths", Sunday Territorian,
dated 15 November 1992.
Question - put and passed.
6. PERSONAL EXPLANATION:
The Leader of the Opposition (Mr Ede), by leave, made a personal explanation regarding comments made by the Minister for Correctional Services (Mr Reed) during Question Time this day.
Papers tabled: Mr Ede, by leave, laid on the Table the following Papers -
~ Letter, sent by Mr B.R. Ede, MLA, Leader of the Opposition, dated 9 October 1992;
~ "Initiatives in Crime Control", Summary of Discussion Paper, October 1992;
~ Letter, Mr B.R. Ede, MLA, Leader of the Opposition to Hon M.A. Reed, MLA,
Minister for Correctional Services, dated 18 November 1992;
~ Copy of envelope, C. Liddy to J.Q. Liddy, postmarked 16 October 1992; and
~ Reply form addressed to Brian Ede from Christopher Liddy.
7. PERSONAL EXPLANATION:
The Minister for Correctional Services (Mr Reed), by leave, made a personal explanation regarding comments made by the
Leader of the Opposition (Mr Ede) when making a personal explanation this day.
8. PERSONAL EXPLANATION - LEAVE DENIED:
The Deputy Leader of the Opposition (Mr Bailey) asked leave to make a personal explanation.
Objection being raised, leave denied.
Page 492
9. PUBLICATIONS COMMITTEE, EIGHTH REPORT - PAPER TABLED - REPORT ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Eighth Report of the Publications Committee recommending that the following Papers be printed:
_____________________________________________________________________
Date
Title Tabled
_____________________________________________________________________
Darwin Region Tourism Association - Kennedy Report -
"NT Tourism - The Way Ahead", Review of Report and
Recommendations 18.8.92
Discussion Paper, Sexual Abuse 19.8.92
Juvenile Justice Board of Management, Northern Region,
Annual Report 1991-92 13.8.92
Juvenile Justice Board of Management, Southern Region,
Annual Report 1991-92 13.8.92
Heritage Advisory Council, Annual Report 1991-92 19.8.92
Northern Territory Open College of TAFE, Annual Report 1991 20.8.92
Northern Territory Public Sector Debt, August 1992 20.8.92
Northern Territory Rural College of TAFE, Annual Report 1991 20.8.92
Northern Territory Tourism - The Way Ahead, Review of the
Northern Territory Tourist Commission, Report prepared for the
Hon. Marshall Perron, Chief Minister, Northern Territory by
J.J. Kennedy, CBE, Review Chairman, dated June 1992 11.8.92
Northern Territory University, Annual Report 1991 20.8.92
Office of the Director of Public Prosecutions,
Annual Report 1991-92 20.8.92
Plan of Management, Howard Springs Nature Reserve
and Hunting Reserve 11.8.92
Plan of Management, Howard Springs Nature Reserve
and Hunting Reserve, Public Representations 11.8.92
Plan of Management, Howard Springs Nature Reserve
and Hunting Reserve, Consideration of Public Representations 11.8.92
Mr Setter moved - That the Report be adopted.
Question - put and passed.
10. BUSINESS POSTPONED:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No. 1, relating to the Domestic Violence Bill 1992 (Serial 184) and Justices Amendment Bill 1992 (Serial 183) be postponed until consideration of
Orders of the Day No. 3 relating to the Criminal Records (Spent Convictions) Bill 1992 (Serial 156) and Juvenile Justice Amendment Bill 1992 (Serial 157).
Question - put and passed.
11. LEGAL AID AMENDMENT BILL 1992 (Serial 171):
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 Attorney-General (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
Page 493
12. CRIMINAL RECORDS (SPENT CONVICTIONS) BILL 1992 (Serial 156); and JUVENILE JUSTICE AMENDMENT
BILL 1992 (Serial 157):
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 - Mrs Hickey)
Criminal Records (Spent Convictions) Bill 1992 (Serial 156):
Bill, by leave, taken as a whole.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit from clause 5 "(including section 6(2))".
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit from clause 10(1) "imprisonment" and insert in its stead "imprisonment for 7 years or more".
Debate ensued.
Amendment negatived.
Mr Bell moved the following further amendment -
Omit clause 18.
Debate ensued.
Amendment negatived.
Bill, as amended, agreed to, after debate.
Bill to be reported with an amendment.
Juvenile Justice Amendment Bill 1992 (Serial 157):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mrs Hickey) reported that the Committee had
considered the Bills and agreed to the Criminal Records (Spent Convictions) Bill 1992 (Serial 156) with an amendment;
and the Juvenile Justice Amendment Bill 1992 (Serial 157) without amendment; and the report was adopted.
On the motion of Mr Manzie the Bills were read a third time and passed to be proposed laws.
13. DOMESTIC VIOLENCE BILL 1992 (Serial 184); and JUSTICES AMENDMENT BILL 1992 (Serial 183):
The Assembly, according to order, resolved itself into Committee of the Whole for the consideration of the Bills.
Page 494
In the Committee
(Deputy Chairman - Mr McCarthy)
Domestic Violence Bill 1992 (Serial 184):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Insert at the end the following:
"(2) For the purposes of this Act a reference to a person as a member of a
family includes a reference to any person who normally resides with the family
and is a dependant of any one of the members of the family.
"(3) Where an order is made under this Act in relation to a spouse of a
defendant the order is deemed to also include any person who is a member
of the family of the defendant unless the person applies to the Court to be
excluded from the order and the order is varied by the Court to that effect.".
Debate ensued.
Amendment negatived.
Clause 3 agreed to.
Clauses 4 and 5, by leave, taken together and agreed to.
Clause 6 read.
Mr Bell moved the following amendment -
Insert after subclause (5)(c) the following:
"(ca) if the person for whose protection the order is sought is residing with the
defendant, order that the defendant be removed from the residence and
be counselled with respect to his or her behaviour within 24 hours of the
making of the order;".
Debate ensued.
Amendment negatived.
Clause 6, agreed to, after debate.
Clause 7 read.
Mr Bell, by leave, moved the following amendments together -
Insert after "against a person" in subclause (1), the words
"or is in possession of an interstate restraining order that is apparently valid and in force"; and
Insert after "Section 4" in subclause (1) the words "or Section 14, as the case requires,".
Debate ensued.
Amendments negatived.
Clause 7 agreed to.
Clause 8 agreed to.
On the motion of the Attorney-General (Mr Manzie) the following new clause was inserted in the Bill, after debate -
Page 495
"8B. CONSENT TO VARIATION OR REVOCATION OF ORDER
"(1) Notwithstanding section 8(2), but subject to this section, the Court or the
Clerk (and for that purpose the Clerk has the necessary jurisdiction) may, with
the consent of the defendant and the defendant's spouse, on application by a
party to a proceeding, vary or revoke a restraining order made under section
4(1)(a), (b) or (c).
"(2) If the Clerk is not satisfied that an order referred to in subsection (1)
should be varied or revoked, he or she shall refer the application to the
Court for decision.
"(3) Where the Clerk refers an application to the Court under subsection (2),
the Court may -
(a) make the order sought; or
(b) give directions as to the application.
"(4) The Court or the Clerk shall not make an order for variation in
pursuance of this section unless the Court or the Clerk has explained or
caused to be explained to the defendant -
(a) the purpose and effect of the variation; and
(b) the consequences that may follow if the defendant fails to comply with the proposed variation.".
Clause 9 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit from subclause (1) the penalty provision and insert in its stead the following:
"Penalty: For a first or second offence - $2,000 or imprisonment for 6 months.
For a third or subsequent offence - imprisonment for not less than 7 days or more than 6 months.".
Clause 9, as amended, agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill, after debate -
"9A. ENFORCEMENT OF INTERSTATE RESTRAINING ORDERS BEFORE REGISTRATION
"(1) Where a member of the Police Force forms the opinion, on reasonable
grounds, that an interstate restraining order is in force against a person
in the State or Territory in which it was made, the member may -
(a) notwithstanding that the interstate restraining order is not registered under section 15; and
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(b) after forming that opinion but not later than 72 hours after making the relevant declaration under
subsection (2), exercise his or her powers, and section 9(1) shall for all purposes have effect,
as if the interstate restraining order were a restraining order referred to in section 9(1).
"(2) A member of the Police Force shall, as soon as practicable after forming the opinion referred to
in subsection (1), make a declaration to that effect in accordance with the prescribed form and
shall forward it to the Commissioner.".
Clause 10 agreed to.
On the motion of Mr Manzie the following new clause was inserted in the Bill -
"10A. COURT MAY ORDER COURT TO BE CLOSED
"The Court may, if it thinks fit, order that all or any persons (except the
parties) shall go and remain outside and beyond the hearing of the Court.".
Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported with amendments.
Justices Amendment Bill 1992 (Serial 183):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr McCarthy) reported that the Committee had
considered the Bills and agreed to the Domestic Violence Bill 1992 (Serial 184) with amendments and the Justices
Amendment Bill 1992 (Serial 183) without amendment; and the report was adopted.
Mr Manzie moved - That the Bills be now read a third time.
Debate ensued.
Question - put and passed.
The Bills were read a third time and passed to be proposed laws.
14. CORPORATIONS (NORTHERN TERRITORY) AMENDMENT BILL 1992 (Serial 187); and
CULLEN BAY MARINA BILL 1992 (Serial 179):
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.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit all words after "That" and insert in their stead "The Bills be withdrawn and that the Cullen Bay Marina Bill 1992
be redrafted to include the agreement between the Northern Territory of Australia and Darwin Marina Estates Pty
Limited as a schedule to the Bill.".
The Minister for Industries and Development (Mr Hatton) 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) -
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AYES, 14 NOES, 10
Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Collins
Mr Manzie Mr Ede
Mr McCarthy Mrs Hickey
Mr Ortmann Mr Lanhupuy
Mr Palmer Mr Parish
Mr Perron Mr Rioli
Mr Poole Mr Stirling
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mr Parish Mr McCarthy
Mr Rioli Mr Ortmann
Mr Stirling Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Amendment negatived accordingly.
Debate continued.
Paper tabled: The Minister for Lands and Housing (Mr Ortmann) laid on the Table the following Paper -
~ Instrument of Determination S2131 under section 95 of the Planning Act, dated 8 March 1991.
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.
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In the Committee
(Deputy Chairman - Mr McCarthy)
Corporations (Northern Territory) Amendment Bill 1992 (Serial 187):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Cullen Bay Marina Bill 1992 (Serial 179):
Clause 1 agreed to.
Clause 2 read.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the following amendment was agreed to, after debate -
Omit from the definition of "common property" all words after "section 13" and
insert in their stead ", the lock and associated structures and the easements
for the maintenance of, and access to, the revetments and the lock and
associated structures".
Clause 2, as amended, agreed to.
Clauses 3 to 9, by leave, taken together and agreed to.
Clause 10, agreed to, after debate.
Clause 11 agreed to.
Clause 12 agreed to, after debate.
Clause 13 agreed to, after debate.
Clause 14 agreed to.
Clause 15 agreed to.
Clause 16 agreed to.
Clause 17 agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills
and agreed to the Corporations (Northern Territory) Amendment Bill1992 (Serial 187) without amendment; and the Cullen Bay
Marina Bill 1992 (Serial 179) with an amendment; and the report was adopted.
On the motion of Mr Ortmann the Bills were read a third time and passed to be proposed laws.
15. ADJOURNMENT:
The Minister for Tourism (Mr Vale) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
~ "Jobskills Program: Union Issues in Northern Territory", issued by Community Strategies Branch,
Department of Employment, Education and Training, dated 18 November 1992.
Debate continued.
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November 1992 A.M.
Paper tabled: The Minister for Transport and Works (Mr Finch) laid on the Table the following Paper -
~ "Fred Finch is a Hypocrite", Media Release, Northern Territory Trades and Labour Council, dated 18 November 1992.
Debate continued.
And the Assembly having continued to sit until 12 midnight -
THURSDAY 19 NOVEMBER 1992, A.M.
Debate continued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
~ Letter, Anonymous to Mr Denis Collins, MLA, dated 13 November 1992.
Question - put and passed.
The Assembly adjourned at 12.31 a.m. until 10.00 a.m. this day.
PAPERS:
The following Papers were deemed to have been presented on Wednesday 18 November 1992:
Hospital Management Boards:
Alice Springs, 1991-92
Royal Darwin, 1991-92.
ATTENDANCE:
All Members attended the sitting.
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Last updated: 04 Aug 2016