Department of the Legislative Assembly, Northern Territory Government
Department of the Legislative Assembly, Northern Territory Government

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Minutes of Proceedings - 2004-10-12

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

2. PRAYERS.

3. PETITIONS:
      Response to petitions: The Clerk, pursuant to Standing Order 100A, presented a response to the following petition No. 64 (Darwin City Waterfront Project and Goyder’s Camp below Government House) and advised the response would be included in the Hansard record. (Paper 1485)
4. OPPOSITION SHADOW MINISTRY, PORTFOLIOS:
      The Leader of the Opposition (Mr Mills) advised Members of the following changes to opposition shadow ministerial portfolio responsibilities –

      MR T K MILLS
      (Leader of the Opposition)
      Territory Development
      Tourism
      AustralAsia Railway
      Indigenous Affairs
      Arts and Museums
      Young Territorians
      Senior Territorians
      DR R S H LIM
      (Deputy Leader of the Opposition)
      Treasurer
      Employment, Education, and Training
      Racing, Gaming and Licensing
      Central Australia
      MR D G BURKE
      Business, Industry and Resource Development
      Corporate & Information Services
      Communications
      Asian Relations and Trade
      Police, Fire and Emergency Services
      Defence Support
      MS J T CARNEY
      Attorney-General and Justice
      Health
      MR J W ELFERINK
      (Opposition Whip)
      Community Development
      Housing
      Local Government
      Sport and Recreation
      Regional Development
      MS S J CARTER
      Family and Community Services
      Environment and Heritage
      Women’s Policy
      MR S DUNHAM
      Transport and Infrastructure
      Lands and Planning
      Parks and Wildlife
      Essential Services
      MRS C F MILLER
      Ethnic Affairs
      Mines and Energy
      Primary Industry and Fisheries
5. PERSONAL EXPLANATION:
      The Minister for Justice and Attorney-General (Dr Toyne) advised Members of his hearing difficulties currently being experienced and sought their consideration until he can see an audiologist.
6. MINISTERIAL REPORTS:
      Darwin City Waterfront Project: The Chief Minister (Ms Martin) reported on the status of the project with the appointment of Darwin Cove Consortium being given preferred construction status.
      Mr Mills responded thereto.
      Mr Wood responded thereto.
      Ms Martin responded accordingly.

      Apprenticeships in the Health Services Industry: The Minister for Health (Dr Toyne) reported on the increase of traineeships and apprentices in the health services industry and health related agencies.
      Ms Carney responded thereto.
      Dr Toyne responded accordingly.

      Regional Development in Communities: The Minister for Community Development (Mr Ah Kit) reported on a conference on regional development committees conducted in Alice Springs, September 2004.
      Mr Elferink responded thereto.
      Mr Ah Kit responded accordingly.

      Cultural Awareness: The Minister for Ethnic affairs (Mr Vatskalis) reported on cross cultural awareness and training programs provided under the auspices of the Department of Ethnic Affairs.
      Ms Miller responded thereto.
      Mr Vatskalis responded accordingly.

      Ministerial Reports noted, pursuant to Sessional Order.

7. CITIZENS RIGHT OF REPLY TO CRITICISM MADE UNDER PARLIAMENTARY PRIVILEGE - REFERENCE TO STANDING ORDERS COMMITTEE –– MOTION AGREED TO:
      The Leader of Government Business (Mr Henderson), by leave, moved - This Assembly, noting that -

      1. During the debate in the Legislative Assembly on the Evidence Reform (Children and Sexual Offences) Bill on 7 October 2004 the Member for Araluen made a series of assertions regarding the professional capacity of Northern Territory public servants who prepared the Bill for debate in the Legislative Assembly;

      2. On 8 October 2004 the public servants from the Department of Justice who prepared the instructions, and the Parliamentary Counsel who drafted the legislation, took the extraordinary and unprecedented action of writing to the Speaker of the Legislative Assembly and the Leader of Government Business raising concerns with what was, in their words “a direct attack on the professional legal expertise of departmental officers";

      3. The public servants note those officers have no ability to respond or to seek redress for such an attack on their professional competence under parliamentary privilege and must suffer having their reputations impugned on the public record;

      Refer the following matters to the Standing Orders Committee, which will meet today on 12 October 2004, for inquiry and report:

      (a) whether the Assembly’s Standing Orders need to be strengthened to provide persons other than members of the Assembly with a mechanism to respond to allegations that they believe unfairly impugn their reputations;

      (b) whether the Speaker can provide further guidance to Members on the appropriateness of them using parliamentary privilege to advance such assertions; and

      (c) The Committee shall report to the Assembly during the first sittings of the Assembly in 2005.

      Debate ensued.
      Papers tabled: The Leader of Government Business (Mr Henderson) laid on the Table the following Papers -
Letter, Mr R Coates, Chief Executive Officer Dept of Justice, Ms Sue Oliver, Director of Legal Policy Division and Ms Gale Jamieson, Parliamentary Counsel, dated 8 October 2004 to Chairman , Standing Orders Committee re comments relating to Evidence Reform (Children and Sexual Offences) Bill (Paper 1487); and
Letter, Mrs Susan Lowry, Executive Officer, Victims of Crime NT to Dr Peter Toyne (Attorney-General), dated 7 October 2004 re comments relating to Evidence Reform (Children and Sexual Offences) Bill (Paper 1488).

      Debate continued.
      The Member for Brennan (Mr Burke) moved – That the question be now put.
      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
      Mrs Miller Mr McAdam
      Mr Mills Ms Scrymgour
      Mr Wood Mr Stirling
      Dr Toyne
      Mr Vatskalis

      Motion negatived accordingly.
      Debate resumed.
      Question – put and passed.
8. NUCLEAR WASTE TRANSPORT, STORAGE AND DISPOSAL (PROHIBITION) BILL 2004 (Serial 243):
      The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time -
      Debate resumed.
      ______________
      Suspension of sittings: The sittings of the Assembly was suspended between 11.57am and 2pm.
      ______________

      Visitors: The Speaker advised members of the presence in the public gallery of Casuarina Street Primary School Year 7 students accompanied by Ms Anna Absalom.
      On behalf of all Members the Speaker extended a warm welcome to the visitors.
9. NOTICES:
      The following Notices were given:
      Ms Martin: To present the AustralAsia Railway (Special Provisions) Bill 2004 (Serial 258).
      Dr Toyne: To present the Sentencing Amendment (Aboriginal Customary Law) Bill 2004 (Serial 254).
      Mr Vatskalis: To present the Gene Technology (Northern Territory) Bill 2004 (Serial 249).
      Mr Vatskalis: To present the Petroleum (Submerged Lands) Amendment Bill 2004 (Serial 250).
10. QUESTIONS:
      2.01pm Mr Mills to Ms Martin.
      2.07pm Ms Lawrie to Ms Martin.
      2.10pm Ms Carter to Ms Scrymgour.
      Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –
Kakadu National Park, Map (Paper 1489).

      2.12pm Mr Bonson to Ms Martin.
      2.17pm Mr Mills to Ms Martin.
      2.20pm Mrs Aagaard to Mr Stirling.
      2.23pm Mr Wood to Dr Burns.
      2.25pm Ms Carter to Ms Scrymgour.
      2.32pm Mr Kiely to Dr Toyne.
      2.35pm Ms Carter to Ms Scrymgour.
      2.36pm Ms Lawrie to Ms Scrymgour.
      2.39pm Mr Mills to Ms Martin.
      2.42pm Mr McAdam to Mr Henderson.
      2.48pm Dr Lim to Mr Stirling.
      Paper tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper -
Radioactive Ores and Concentrates (Packaging and Transport) Act as at 7 June 2002 (Paper 1491).

      2.50pm Mrs Aagaard to Dr Burns.
      2.52pm Mr Wood to Mr Henderson.
      2.55pm Mr Mills to Ms Martin.
      2.59pm Ms Lawrie to Mr Ah Kit.

      The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
11. NUCLEAR WASTE TRANSPORT, STORAGE AND DISPOSAL (PROHIBITION) BILL 2004 (Serial 243):
      The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bill be now read a second time -
      Debate resumed.
      _____________
      Visitors: The Speaker advised members of the presence in the public gallery of Milingimbi Community Education Centre secondary students accompanied by Mr Stuart Porteous.
      On behalf of all Members the Speaker extended a warm welcome.
      _____________
      Debate continued.
      Question – put and passed.
      Bill read a second time
      The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
      ____________
      In Committee
      (Chairman – Mr Wood)

      Bill, by leave, taken as a whole.
      Debate ensued.
      Clause 5.
      Mr Burke moved the following amendment –
      In subclause (1), omit “the whole subclause”.
      Debate ensued.
      Amendment negatived.
      Bill, as printed, agreed to.
      Bill to be reported without amendment.
      ________________
      The Assembly resumed; the Speaker (Mrs Braham) took the Chair; the Chairman (Mr Wood) reported accordingly; and the report was adopted.
      The Minister for Environment and Heritage (Ms Scrymgour) 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.
12. CRIMINAL CODE AMENDMENT (MONEY LAUNDERING) BILL 2004 (Serial 244):
      The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
      Debate resumed.
      Question – put an passed.
      Bill read a second time.
      Leave granted for a motion for the third reading of the Bill to be moved forthwith.
      On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bill was read a third time and passed to be a proposed law.
13. PUBLIC ACCOUNTS COMMITTEE ANNUAL REPORT 2003/2004, REPORT No. 43 – PAPER TABLED – PAPER PRINTED – MOTION TO NOTE REPORT:
      The Chairman of the Public Accounts Committee (Mr Kiely) laid on the Table the Public Accounts Committee Annual Report 2003/2004 dated October 2004 (Paper 1492).
      Mr Kiely moved – That the Report be Printed.
      Question – put and passed.
      Mr Kiely made a statement relating thereto.
      Mr Kiely moved – That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
      Question – put and passed.
      Debate adjourned.
14. ASSESSMENT OF ORGANIZATIONAL EFFECTIVENESS, HUMAN RESOURCE AND MANAGEMENT SYSTEMS WITHIN THE DEET CENTRAL AUSTRALIAN OFFICE – MOTION TO NOTE REPORT:
      The Minister for Employment, Education and Training (Mr Stirling) presented the Final Report, Assessment of Organizational Effectiveness, Human Resource and Management Systems within the DEET Central Australian Office by Bandt, Gatter and Associates dated June 2004 (Paper 1493).
      Mr Stirling made a statement relating thereto.
      Mr Stirling moved – That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
      Question – put and passed.
      Debate adjourned.
15. MINING INDUSTRY IN THE TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Minister for Mines and Energy (Mr Vatskalis) made a statement relating to the development and economic prospects of the mining industry for the Territory economy.
      Mr Vatskalis moved – That the Assembly take note of the Statement.
      Debate ensued.
      ___________
      Extension of time: On the motion of the Leader of Government Business (Mr Henderson) the Member for Barkly (Mr McAdam) was granted an extension of time.
      ___________
      Debate continued.
      Question – put and passed.
16. ADJOURNMENT:
      The Minister for Ethnic Affairs (Mr Vatskalis) moved – That the Assembly do now adjourn.
      Debate ensued.
      Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper –
Report to Parliament re Study Tour 2004, Holland, London, Kent and Edinburgh 28 August 2004 to 17 September 2004 by Ms Carney pursuant to Remuneration Tribunal Determination 2004, pursuant to paragraph 9.1(e) (Paper 1494).

      Debate continued.
      Question – put and passed.
      And the Assembly adjourned at 9.02pm, until tomorrow at 10 am.
–––––––––––––––––
      PAPERS:
      The following Papers were deemed to have been presented on Tuesday 12 October 2004 –

      Annual Reports:
      Utilities Commission, 2003/2004 (Paper 1490)
–––––––––––––––––
      ATTENDANCE:
      All Members attended the sitting.
Last updated: 04 Aug 2016
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