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Minutes of Proceedings - 2002-08-20

1. MEETING:

The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.

2. PRAYERS.

3. BROADCAST OF BUDGET:

The Speaker advised Members that permission had been given for various media to broadcast live or rebroadcast, with sound and vision, the presentation of the Budget 2002/2003 and the Treasurer’s Speech; for 8 TOP FM Radio to broadcast live the presentation of the Budget 2002/2003 and the Treasurer’s Speech; and the

Northern Territory News

to take photographs.

4. MINISTERIAL REPORTS:

Timor Sea Gas Update:

The Minister for Resource Development (Mr Henderson) made a report on the developing and development of oil and gas fields between Darwin and Indonesia and the onshore expertise and facilities availability in Darwin.

Mr Burke responded thereto.

Mr Henderson responded accordingly.

Garma Festival:

The Minister for Community Development (Mr Ah Kit) made a report on the conduct of the indigenous traditional culture festival held in Nhulunbuy last week.

Nursing Career Structure Review:

The Minister for Health and Community Services (Mrs Aagaard) made a report on a review being conducted into the career structure for nurses.

Mr Dunham responded thereto.

Mrs Aagaard responded accordingly.

Pastoral Industry Board and Land Care Board:

The Minister for Lands and Planning (Mr Vatskalis) made a report on the appointment of new members to the Pastoral Industry and Land Care Boards.

Mr Baldwin responded thereto.

Mr Vatskalis responded accordingly.

Reports noted, pursuant to Sessional Order.

5. CONSUMER AFFAIRS and FAIR TRADING AMENDMENT BILL (No. 2) 2002

(Serial 81):

The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the

Consumer Affairs and Fair Trading Act

Bill read a first time.

Dr Toyne moved – That the Bill be now read a second time.

Debate ensued.

On the motion of the Member for Goyder (Mr Maley) debate was adjourned.

6. PRIVATE HOSPITALS AND NURSING HOMES AMENDMENT BILL 2002 (Serial 79):

The Minister for Health and Community Services (Mrs Aagaard), pursuant to notice, presented A Bill for an Act to amend the

Private Hospitals and Nursing Homes Act

Bill read a first time.

Mrs Aagaard moved – That the Bill be now read a second time.

Debate ensued.

On the motion of the Member for Drysdale (Mr Dunham) debate was adjourned.

7. ORDER OF BUSINESS:

The Leader of Government Business (Mr Stirling) moved – That intervening business be postponed until after consideration of Government Business, Orders of the Day No. 1 relating to a motion to note the ministerial statement, Economic Development Strategy for the Northern Territory.

Question – put and passed.

8. ECONOMIC DEVELOPMENT STRATEGY FOR THE TERRITORY – MOTION TO NOTE STATEMENT:

The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –

Debate resumed.

Leave granted to the Member for Millner (Mr Bonson) to continue his remarks at a later hour.

Debate adjourned.

9. MESSAGE FROM THE ADMINISTRATOR:

The Speaker advised Honourable Members that she had received the following Message from His Honour the Administrator:

Message No. 8

I, JOHN CHRISTOPHER ANICTOMATIS, 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 authorise the issue and expenditure of public moneys of the Territory in respect of the year ending 30 June 2003.

Dated 12th August 2002

(Sgd) JOHN ANICTOMATIS

Administrator

(Paper 479)

10. APPROPRIATION BILL 2002/2003 (Serial 89):

The Treasurer (Ms Martin), presented a Bill for an Act to authorise the issuing and expending of the public moneys of the Territory in respect of the year ending 30 June 2003, the subject of His Honour the Administrator’s Message No. 7 notified earlier this day.

Bill read a first time.

Ms Martin moved – That the Bill be now read a second time.

Papers Tabled:

The Treasurer (Ms Martin) laid on the Table the following Papers –

Budget Paper No. 1 – Budget Speech, 2002/2003 (Paper 480);

Budget Paper No. 2 – Fiscal and Economic Outlook, 2002/2003 (Paper 481);

Budget Paper No. 3 – The Budget, 2002/2003 (Paper 482);

Budget Paper No. 4 – Capital Works Program, 2002/2003 (Paper 483);

Budget Paper No. 5 – Northern Territory Economy, 2002/2003 (Paper 484);

Budget Paper No. 6 – Issues in Public Finance, 2002/2003 (Paper 485);

Budget Overview, 2002/2003 (Paper 486);

Building Our Community 2002/2003 (Paper 487);

Regional Highlights, 2002/2003 (Paper 488); and

Northern Territory Economy Overview, August 2002 (Paper 489).

Debate ensued.

On the motion of the Member for Brennan (Mr Burke) debate was adjourned.

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Suspension of sittings:

The sittings of the Assembly was suspended between 11.58am and 2.30pm.

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11. NOTICES:

Ms Martin: To present the Taxation (Administration) Amendment Bill 2002 (Serial 90).

Ms Martin: To present the Stamp Duty Amendment Bill (No. 2) 2002 (Serial 91).

Ms Martin: To present the Debits Tax Amendment Bill 2002 (Serial 92).

Ms Martin: To present the Mineral Royalty Amendment Bill 2002 (Serial 93).

Ms Martin: To present the Pay-roll Tax Amendment Bill (No. 2) 2002 (Serial 94).

12. QUESTIONS:

2.30pm Mr Reed to Ms Martin.

2.37pm Mr McAdam to Ms Martin.

2.41pm Mr Reed to Ms Martin.

2.45pm Mr Bonson to Ms Martin.

2.48pm Mr Maley to Ms Martin.

2.52pm Mr Wood to Mr Henderson.

2.53pm Ms Scrymgour to Mr Stirling.

2.56pm Mr Mills to Ms Martin.

3.02pm Dr Burns to Dr Toyne.

3.07pm Mr Dunham to Ms Martin.

3.10pm Mr Wood to Mr Ah Kit, and part referred to Mr Vatskalis.

3.15pm Mr Dunham to Mrs Aagaard.

3.17pm Mr Kiely to Mr Henderson.

3.21pm Ms Carter to Mr Vatskalis.

3.22pm Ms Lawrie to Mr Ah Kit.

3.27pm Mr Burke to Ms Martin.

The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.

13. GAMING CONTROL AMENDMENT BILL 2002 (Serial 82) and GAMING MACHINE AMENDMENT BILL 2002 (Serial 83):

Suspension of Standing Orders:

The Minister for Racing, Gaming and Licensing (Mr Stirling), moved – That so much of the Standing Orders be suspended as would prevent Bills entitled, Gaming Control Amendment Bill 2002 (Serial 82) and Gaming Machine Amendment Bill 2002 (Serial 83) -

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

(b) the consideration of the Bills separately in the committee of the whole.

Debate ensued.

Question – put and passed – there being an absolute majority of the whole number of members present and no dissentient voice.

The Minister for Racing (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the

Gaming Control Act

and to amend the

Gaming Machine Act

Bills read a first time.

Mr Stirling moved – That the Bills be now read a second time.

Debate ensued.

On the motion of the Member for Daly (Mr Baldwin) debate was adjourned.

14. FINANCIAL MANAGEMENT AMENDMENT BILL 2002 (Serial 88):

The Chief Minister (Ms Martin), pursuant to notice, presented a Bill for an Act to amend the

Financial Management Act

Bill read a first time.

Ms Martin moved – That the Bill be now read a second time.

Debate ensued.

On the motion of the Member for Katherine (Mr Reed) debate was adjourned.

15. ESTIMATES COMMITTEE, APPOINTMENT OF - TERMS OF REFERENCE

– MOTION, AS AMENDED, AGREED TO:

The Order of the Day having been read for the resumption of debate on the motion moved by Mr Stirling on 23 May 2002 in the following terms:

That this Assembly appoint an Estimates Committee of the Legislative Assembly for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation Bill 2002/2003 in the terms distributed to Members as follows –

A. INTRODUCTION

That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed an Estimates Committee of the Legislative Assembly for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation Bill 2002/2003.

That the Schedule to the Appropriation Bill 2002/03 and related budget documents should be referred to the Estimates Committee for examination and report on proposed expenditure when the Bill has been presented.

That the Committee may not vote on but may examine and report on the proposed expenditure contained in the Bill by no later than 20 September 2002.

That the Committee examine the proposed expenditure contained in the Bill by portfolio units in accordance with the Schedule and that the proposed expenditure be considered on an output by output basis for each portfolio unit.

B. MEMBERSHIP

5 The membership of the Estimates Committee shall consist of the membership of the Public Accounts Committee.

The Chairman of the Public Accounts Committee shall be the Chairman of the Estimates Committee.

The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.

Members of the Assembly may participate in the meetings of the Committee and have the right to receive documentation provided to the Committee, to attend the Committee's Hearings and participate in its deliberations to the following extent:

(a) Shadow Ministers may participate in hearings relating to their shadow portfolio responsibilities; and

(b) Other Members may participate in hearings to the extent of asking questions relating to their electorate responsibilities.

These provisions should be interpreted, so as not to exclude Committee Members and Shadow Ministers from asking questions relating to their electorate responsibilities.

In allocating the call, the Chairman should ensure a balanced distribution of questions, but accord preference to first, Committee Members followed by Shadow Ministers and other Members.

Other Members may not vote on any matters before the Committee.

If a vacancy occurs in the membership of the committee during its hearings, the Speaker may nominate a Member in substitution, but in so doing must have regard to the composition of the Committee as appointed by the Assembly.

The Committee may proceed with business despite a vacancy in its membership.

The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.

The quorum of the Committee is to be 3 of the members of the Committee.

If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and date to be fixed.

C. SITTING TIMES

16 The Estimates Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.

Unless otherwise ordered by the Committee, when the Committee is sitting on any day:

(a) it commences at 9.00am and suspends at 12.30pm unless otherwise ordered;

(b) it commences at 2pm and is suspended or adjourned at 6.30pm, unless otherwise ordered; and

The Estimates Committee may sit only when the Assembly is not sitting.

D. HEARING PROCEDURE

19 All hearings of the Estimates Committee are open to the public unless the Committee otherwise orders.

Except where otherwise provided in this Order, or the Committee otherwise determines, in the Estimates Committee hearings consideration of proposed expenditure should follow as far as possible, procedures observed by the Committee-of-the-Whole Assembly.

The Committee will consider proposed expenditure on an output by output basis.

Unless the Committee otherwise determines, the Minister (or Speaker) may make an opening statement lasting up to five minutes which may be extended with the leave of the Committee.

Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.

The Minister who has been asked for explanations may be assisted, where necessary, by agency officers in the provision of relevant information.

Agency officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.

Questions and explanations should be brief and avoid irrelevance and tedious repetition.

E. WRITTEN QUESTIONS

27 Prior to hearings, the Committee or any Member may, during the period up until 7 clear working days prior to the commencement of public hearings, submit written questions through the Committee Secretariat to each Minister (or Speaker).

Written questions submitted prior to hearings, should not place unreasonably onerous research requirements on an organisational unit and should not be unnecessarily complex.

The Minister (or Speaker) may refuse to answer questions, which place unreasonable research requirements on portfolios or are unnecessarily complex.

All answers to questions shall be provided at the relevant hearings.

F. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION

31 The Minister (or Speaker) may advise the Estimates Committee that an answer to a question or part of a question will be provided later to the committee.

A Minister (or Speaker) may also give the Committee additional information about an answer given by them or on their behalf.

The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.

G. HANSARD REPORT AND OTHER TABLED DOCUMENTS

34 The Clerk of the Legislative Assembly is authorised to release an unedited transcript of the Estimates Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.

Any document tabled at the hearing, by leave of the Committee, is deemed to be authorised for release by the Committee unless the Committee otherwise orders.

H. BROADCASTING AND TELEVISING OF PROCEEDINGS

36 Sound and vision broadcast and re-broadcast of the hearings of the Estimates Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.

I. DISORDER

37 At an Estimates Committee hearing the Chairman may, after a warning, order any member whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw for a period of 1 hour.

A member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.

If a Member persistently disrupts the business of the Committee:

(a) The Chair may name the member;

(b) If the Member named is a member of the Estimates Committee, suspend the sittings until the Chair has reported the offence to the Speaker;

(c) If the Member named is not a member of the Estimates Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.

As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Estimates Committee be replaced.

If any objection is taken to a ruling or decision of the Chair:

(a) The objection must be taken at once and stated in writing;

(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matter; and

(c) The Estimates Committee may continue to meet but not further examine the estimates of expenditure or output then under consideration.

J. REPORT OF ESTIMATES COMMITTEE

42 A report of the Estimates Committee will be presented by the Chairman to the Committee-of- the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.

When the report of the Estimates Committee is presented, it may be taken into consideration at once or at a time and date to be fixed.

The following time limits shall apply to consideration of the report of the Estimates Committee on the question:

"that the proposed expenditure be agreed to and that the resolution or expressions of opinion as agreed to by the committee in relation to the proposed expenditure or outputs be noted.".

Ministers, Leader of the Opposition and Shadow Ministers 20 minutes;

Any other Member10 minutes,

Maximum period for consideration shall be 5 hours.

When the consideration of the report of the Estimates Committee has been completed the following question is proposed and put forthwith:

"that the remainder of the Bill be agreed to".

When the bill has been agreed to by the Committee-of-the-Whole and reported to the Assembly, the third reading may be taken into consideration at once or made an Order of the day for the next sitting day.

Debate ensued.

The Leader of Government Business (Mr Stirling), by leave, moved the following amendments –

Clause 8:

Omit all words after "deliberations" (removes provisions restricting shadow ministers and other members in their participation)

Clause 17:

Omit the clause and insert the following new clause:

17. Unless otherwise ordered by the Committee the Committee shall sit during the following periods:

(a) on Tuesday 17 September 2002 it commences at 11:00am and adjourns at 11.30pm;

(b) on Wednesday 18 September 2002 it commences at 9.00am and adjourns at 11.30pm;

(d) the Committee may suspend from time to time.

Clause 43:

Omit the clause and insert the following new clause 43:

43.

When the Report of the Estimates Committee is presented it shall be taken into consideration forthwith.

Clause 46:

Omit the clause and insert the new clause 46:

46.

When the Bill has been agreed to by the Committee-of-the-Whole and reported to the Assembly, the third reading shall be taken into consideration forthwith.

Debate ensued on the amendments and main motion.

Amendments moved by the Leader of Government Business (Mr Stirling) agreed to.

Question – That the motion as amended be agreed to.

Debate ensued.

The Member for Katherine (Mr Reed), by leave, moved the following amendments –

(1) the following words be added to the motion:

“And notwithstanding anything contained in the resolution, no member is constrained by time limits in asking questions of ministers appearing before the Estimates Committee, prior to the delivery of the Committee’s report to the Assembly”; and

(2) new section 17A be inserted as follows:

“

17A.

Notwithstanding paragraphs 16 and 17, no member shall be constrained by time limits in asking questions of ministers in the Estimates Committee, prior to the delivery of the Committee’s report to the Assembly”; and

Add at the end of proposed clause 21 the words -

“for all government departments, agencies and government owned corporations through the appropriate responsible Minister or ministers.”.

Debate continued on the amendments moved by Mr Reed.

Question – That the amendments moved by the Member for Katherine (Mr Reed) be agreed to.

Question - put.

The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

AYES, 11 NOES, 13

Mr Baldwin Mrs Aagaard

Mr Burke Mr Ah Kit

Ms Carney Mr Bonson

Ms Carter Dr Burns

Mr Dunham Mr Henderson

Mr Elferink Mr Kiely

Dr Lim Ms Lawrie

Mr Maley Ms Martin

Mr Mills Mr McAdam

Mr Reed Ms Scrymgour

Mr Wood Mr Stirling

Dr Toyne

Mr Vatskalis

Amendments negatived accordingly.

Question – That the motion, as amended, be agreed to.

Debate ensued.

Paper tabled:

The Leader of Government Business (Mr Stirling) laid on the Table the following Paper –

List of sitting times for consideration of the Appropriation Bill in Committee of the Whole, 1985 to 2001 (Paper 503).

Debate continued.

Question – put and passed.

16. ADJOURNMENT:

The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.

Debate ensued.

Paper tabled:

The Member for Johnston (Dr Burns), by leave, laid on the Table the following Paper -

Alcohol Treatment Programs in Darwin, Report by Rhys Michie, 7 July 2002 (Paper 504).

Debate continued.

Question – put and passed.

And the Assembly adjourned at 21.59pm until Wednesday 21 August 2002 at 10am.

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PAPERS:

The following Papers were deemed to have been presented on Tuesday 20 August 2002:

Regulations 2002:

No. 28, Amendments of Darwin City Council By-laws (Paper 500)

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ATTENDANCE:

All Members attended the sittings.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 2002-08-20