Minutes of Proceedings - 2004-02-17
1. MEETING:
2. PRAYERS.
3. MESSAGE FROM ADMINISTRATOR:
4. PETITIONS:
5. MINISTERIAL PORTFOLIOS AND ADMINISTRATIVE ARRANGEMENTS:
8. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE – MEMBERSHIP CHANGE – MOTION AGREED TO:
14. QUESTIONS:
15. STATEMENT BY SPEAKER – PROCEDURAL STATUS OF GOVERNMENT BUSINESS, SWIMMING POOL LEGISLATION:
16. SWIMMING POOL SAFETY BILL 2004 (Serial 206):
School Dental Clinics, summary of dental clinics closed (Paper 1196);
Royal Darwin Hospital, bed shortages, e-mail from constituent (Paper 1197); and
Capital Works, Cross Output Group, Royal Darwin Hospital – Information Act, paper release (Paper 1198).
fewer Territorians have full time jobs now than in August 2001;
while GST revenues have increased from $1.2 billion in 2000/2001 to more than $1.6 billion - that is by $400 million or one-third – Territory business is suffering under the burden of the tax on jobs ie pay-roll tax; and
this government seems unable to act to ease the situation other than to commission southern consultants for another review or discussion paper,
- The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 27 November 2003. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MESSAGE FROM ADMINISTRATOR:
- The Speaker advised Honourable Members of receipt of the following Message from His Honour the Administrator:
Message No. 18
Assent to Proposed Laws
- I, EDWARD JOSEPH EGAN, AM the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
22 October 2003
- Associations Act 2003 (No. 56 of 2003)
Business Tenancies (Fair Dealings) Act 2003 (No. 55 of 2003)
Water Amendment Act 2003 (No. 57 of 2003)
- AustralAsia Railway (Special Provisions) Amendment Act 2003 (No. 58 of 2003)
AustralAsia Railway (Third Party Access) Amendment Act 2003 (No. 59 of 2003)
7 January 2004
- Architects Amendment Act 2003 (No. 5 of 2004)
Bushfires Amendment Act 2003 (No. 6 of 2004)
Criminal Code Amendment Act 2003 (No. 4 of 2004)
De Facto Relationships (Northern Territory Request) Act 2003 (No. 2 of 2004)
Fisheries Amendment Act 2003 (No. 7 of 2004)
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (No. 1 of 2004)
Liquor Amendment Act 2003 (No. 8 of 2004)
Parks and Reserves (Framework for the Future) Act 2003 (No. 9 of 2004)
Sentencing (Crime of Murder) and Parole Reform Act 2003 (No. 3 of 2004)
Stock Diseases Amendment Act 2003 (No. 10 of 2004)
Dated 6th day of February 2004
Sgd E J Egan OA
- Administrator (Paper 1176)
4. PETITIONS:
- Response to petitions: The Clerk, pursuant to Standing order 100A, advised – That, a response to petitions Nos. 44 and 48 had been received and circulated to Members (Paper 1177) and the terms of the responses would be included in the Hansard record.
5. MINISTERIAL PORTFOLIOS AND ADMINISTRATIVE ARRANGEMENTS:
- The Chief Minister (Ms Martin), by leave, advised the Assembly of revised ministerial responsibilities of Government.
Ms Martin laid on the Table the following Paper –
MINISTERIAL RESPONSIBILITIES
CLARE MAJELLA MARTIN
- Chief Minister
Minister for Tourism
Minister for Territory Development
Minister for the AustralAsia Railway
Minister for Indigenous Affairs
Minister for Arts and Museums
Minister for Young Territorians
Minister for Women’s Policy
Minister for Senior Territorians
SYDNEY JAMES STIRLING
- Treasurer
Minister for Employment , Education and Training
Minister for Racing, Gaming and Licensing
PETER HOWARD TOYNE
- Minister for Justice and Attorney-General
Minister for Health
Minister for Central Australia
PAUL RAYMOND HENDERSON
- Minister for Business and Industry
Minister for Police, Firs and Emergency Services
Minister for Defence Support
Minister for Asian Relations and trade
Minister for Corporate and Information Services
Minister for Communications
JOHN LEONARD AH KIT
- Minister for Community Development
Minister for Housing
Minister for Local Government
Minister for Sport and Recreation
Minister for Regional Development
Minister assisting the Chief Minister on Indigenous Affairs
CHRISTOPHER BRUCE BURNS
- Minister for Transport and Infrastructure
Minister for Lands and Planning
Minister for Parks and Wildlife
Minister for Essential Services
KONSTANTINE VATSKALIS
- Minister for Mines and Energy
Minister for Primary Industry and Fisheries
Minister for Ethnic Affairs
MARION ROSE SCRYMGOUR
- Minister for Family and Community Services
Minister for the Environment and Heritage
Minister assisting the Chief Minister on Young Territorians, Women’s Policy and Senior Territorians
- The Leader of the Opposition (Mr Mills), by leave, advised the Assembly of portfolio allocation responsibilities of the Opposition, previously publicly advised on 9 February 2004, as follows:
- TERRENCE KENNEDY MILLS
Leader of the Opposition
Treasurer
Racing, Gaming and Licensing
Territory Development
Railway
Asian Relations and Trade
- RICHARD LIM
Deputy Leader of the Opposition
Chairman, Policy Development Committee
Education, Employment and Training
Corporate and Information Services
Communications
Ethnic Affairs
Central Australia
SUSAN JILL CARTER
Leader of Opposition Business / Whip
Health and Community Services
Senior Territorians
Arts and Museums
TIMOTHY DENNEY BALDWIN
Primary Industry and Fisheries
Environment and Heritage
Parks and Wildlife
DENIS GABRIEL BURKE
Transport and Infrastructure
Defence Support
JODEEN TERESE CARNEY
Attorney General and Justice
Women’s Policy
STEPHEN DUNHAM
Business, Industry and Resource Development
Essential Services
JOHAN WESSEL ELFERINK
Police, Fire and Emergency Services
Local Government
Indigenous Affairs
Community Development
Regional Development
PETER JOHN MALEY
Lands and Planning
Sport and Recreation
FAY MILLER
Tourism
Housing
Youth
- The Leader of Government Business (Mr Henderson), by leave, moved – That the Member for Arafura (Ms Scrymgour) be discharged from service on the Select Committee on Substance Abuse in the Community; and the Member for Nightcliff (Mrs Aagaard) be appointed to the Select Committee on Substance Abuse in the Community.
Question – put and passed.
8. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE – MEMBERSHIP CHANGE – MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, moved – That the Member for Arafura (Ms Scrymgour) be discharged from service on the Subordinate Legislation and Tabled Papers Committee and that the Member for Nightcliff (Mrs Aagaard) be appointed in her stead.
Question – put and passed.
- The Leader of the Opposition (Mr Mills), by leave, moved – That the Member for Goyder (Mr Maley) be discharged from service on the Select Committee on Substance Abuse in the Community and that the Member for Katherine (Mrs Miller) be appointed in his stead.
Question – put and passed.
- Legislative Assembly Members Superannuation, Review: The Chief Minister (Ms Martin) advised of outcomes of a review of superannuation entitlements for Members.
Mr Mills responded thereto.
Ms Martin responded accordingly.
Teacher Numbers: The Minister for Employment, Education and Training (Mr Stirling) advised Members of the government’s progress on fulfilling its undertaking to increase teaching staff by 100 places during the current parliamentary term.
Dr Lim responded thereto.
Mr Stirling responded accordingly.
Sri Lanka Cricket Match, Marrara: The Minister for Sport and Recreation (Mr Ah Kit) advised Members his visit to Sri Lanka and Vietnam and concurrent arrangements made to facilitate a cricket match between Sri Lanka and a Chief Minister’s eleven later this year at Marrara Oval.
Mr Maley responded thereto.
Mr Ah Kit responded accordingly.
Prawn Farming, Broodstock: The Minister for Primary Industry and Fisheries (Mr Vatskalis) advised of developments in the prawn farming industry in the Territory.
Mr Baldwin responded thereto.
Mr Wood responded thereto.
Mr Vatskalis responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
- The Minister for Local Government (Mr Ah Kit) sought leave to present the Swimming Pool Safety Bill 2004 (Serial 206) –
The Speaker thereupon gave the call to the Minister to proceed to present the Bill.
And the Minister for Local Government (Mr Ah Kit) presented a Bill for an Act to establish safety standards for certain swimming pools and encourage compliance with those standards, and for related purposes.
The Bill was read a first time.
And Mr Ah Kit moved – That the Bill be now read a second and in doing so a point of order being raised -
Point of order – leave to present Bill: The Member for Macdonnell (Mr Elferink) raised as a point of order that leave had not been granted on the voices for the Minister to present the Bill.
Point of order upheld.
Decision of Speaker – recommitted question of leave: The Speaker agreed to the point of order and recommitted the question of leave being granted to the Minister for Local Government (Mr Ah Kit) to present the Swimming Pool Safety Bill 2004 (Serial 206).
A dissentient voice being raised –
Leave denied to the Minister for Local Government to present the Bill.
Suspension of Standing Orders – present Bill without notice: The Minister for Local Government (Mr Ah Kit) thereupon moved - That so much of Standing Orders be suspended as would prevent him presenting a Bill, without notice being given, entitled Swimming Pool Safety Bill 2004 (Serial 206), forthwith.
Debate ensued.
The Leader of Government Business (Mr Henderson) moved – That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 14 NOES, 10
Mrs Aagaard Mr Baldwin
Mr Ah Kit Mr Burke
Mr Bonson Ms Carney
Dr Burns Ms Carter
Mr Henderson Mr Dunham
Mr Kiely Mr Elferink
Ms Lawrie Dr Lim
Ms Martin Mr Maley
Mr McAdam Mrs Miller
Ms Scrymgour Mr Mills
Mr Stirling
Dr Toyne
Mr Vatskalis
Mr Wood
And so it was resolved in the affirmative.
Question – That the motion to suspend Standing Orders to allow the Bill to be presented forthwith – put and passed.
- The Leader of the Opposition (Mr Mills) moved – That so much of Standing Orders be suspended as would prevent him moving a censure of the Chief Minister (Ms Martin) relating to the handling of issues relating to pool fencing.
The Leader of Government Business (Mr Henderson) informed the Assembly, pursuant to Standing Order 95, that the Government accepted the motion as a censure motion.
The Leader of the Opposition (Mr Mills) thereupon moved – That this Assembly censure and condemn the Chief Minister for her handling of the pool fencing issue and in particular for:
1. The lack of fairness and inconsistency of her legislation and in the way that it was applied.
2. Overriding the high priority Territorians place on lifestyle and freedom.
3. The fact that the administration of the Act was not working.
4. The significant differences of view within the community, the bureaucracy and the government in what the Act required.
5. The fact that the approval process took too long and in some cases settlement dates for the transfer of properties were missed.
6. The major problems the Act created for Territorians in dealing with their neighbours.
7. The concern and confusion the Chief Minister and her government created about the pool fencing incentive scheme.
8. The fact that inspectors were constrained by provisions of the Act and applied them in the most stringent way possible with no room for discretion.
9. The lack of consultation on the details before the legislation was introduced.
10. The total lack of consultation on the laws that will now replace the Swimming Pool Fencing Act.
11. The indecent haste and abuse of process in rushing these new laws through this parliament in the next few days.
Debate ensued.
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Visitors: The Speaker advised Members of the presence in the public galleries of students from Henbury Outreach School, part of the Casuarina Senior College. On behalf of all Members the Speaker extended a warm welcome to the students. ––––––––––––––––
Debate continued.
The Leader of Government Business (Mr Henderson) moved – That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 13 NOES, 10
Mrs Aagaard Mr Baldwin
Mr Ah Kit Mr Burke
Mr Bonson Ms Carney
Dr Burns Ms Carter
Mr Henderson Mr Dunham
Mr Kiely Mr Elferink
Ms Lawrie Dr Lim
Ms Martin Mr Maley
Mr McAdam Mrs Miller
Ms Scrymgour Mr Mills
Mr Stirling
Dr Toyne
Mr Vatskalis
And so it was resolved in the affirmative.
Question – That the motion of censure be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 10 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 Stirling
Dr Toyne
Mr Vatskalis
Motion negatived accordingly.
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Suspension of sitting: The sittings of the Assembly was suspended between 12.13pm and 2.10pm.––––––––––––––––
- The following notice was given:
Dr Toyne: To present the Consumer Affairs and Fair Trading Amendment Bill 2004 (Serial 205).
Mr Ah Kit: To move – on Thursday 26 February 2004 – That so much of Standing Orders be suspended as would prevent the Swimming Pool Safety Bill 2004 (Serial 206) through all stages at this sittings.
14. QUESTIONS:
- 2.12pm Mr Mills to Ms Martin.
2.15pm Ms Lawrie to Ms Martin.
2.20pm Mr Wood to Mr Vatskalis.
2.23pm Mr Mills to Ms Martin.
2.27pm Mr Bonson to Mr Stirling.
2.31pm Mr Mills to Ms Martin.
2.34pm Mrs Aagaard to Dr Burns.
2.37pm Mr Mills to Ms Martin.
2.40pm Mrs Aagaard to Dr Burns.
2.50pm Mr Mills to Ms Martin.
2.52pm Mr Wood to Dr Burns.
2.56pm Ms Lawrie to Mr Henderson.
3.02pm Mr Mills to Ms Martin.
3.03pm Mr Bonson to Ms Scrymgour.
3.05pm Ms Carter to Ms Scrymgour.
3.08pm Mr Bonson to Mr Ah Kit.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
15. STATEMENT BY SPEAKER – PROCEDURAL STATUS OF GOVERNMENT BUSINESS, SWIMMING POOL LEGISLATION:
- The Speaker advised Members of the current procedural status of Government Business, Order of the Day, relating to the Swimming Pool Safety Bill 2004 (Serial 206) dealt with earlier this day, as follows:
“Members will recall that immediately following Ministerial Reports I called on Minister Ah Kit who in accordance with the proposed procedural arrangements sought leave to present the Bill without notice.
On two occasions I sought an indication of Members as to whether leave was granted. On the second occasion I did not hear any dissentient voice and accordingly called upon the Minister and he proceeded to present the Bill.
The Bill was then read a first time and the Minister, in accordance with normal practice, proceeded to move a motion that the Bill to be read a second time.
At that stage the Member for Macdonnell raised a point of order to the effect that leave had not been previously granted to the Minister to present the Bill.
After further discussion of the point of order it was my decision to recommit to the Assembly the question for leave for the Minister to present the Bill without notice. Leave was not granted and the Minister thereupon moved for the suspension of Standing Orders to enable him to present the Bill forthwith.
The motion for the suspension of Standing Orders was debated and the Leader of Government Business, Minister Henderson moved ‘that the Question be now put’. The Assembly divided and the question was resolved in the affirmative. The question for the suspension of Standing Orders was then put and passed on the voices.
Prior to the Minister being called on to present the Bill the Leader of the Opposition rose and moved for the suspension of Standing Orders to present a censure motion relating to the Chief Minister.
The Leader of Government Business, pursuant to SO 95, accepted the censure motion. Accordingly Mr Mills moved the censure motion, which was debated. The Leader of Government Business moved that the question be now put. The Assembly divided and the question was resolved in the affirmative. The question on the motion of censure of the Chief Minister was put and negatived on the voices.
Accordingly, in respect of further consideration of Government Business the Assembly is at the stage where Standing Orders have been suspended to enable Minister for Local Government (Mr Ah Kit) to present the Bill. I now call on the Minister.”.
16. SWIMMING POOL SAFETY BILL 2004 (Serial 206):
- The Minister for Local Government (Mr Ah Kit), pursuant to resolution passed earlier this day suspending Standing Orders to allow the Bill to be tabled forthwith without notice, presented a Bill for an Act to establish safety standards for certain swimming pools and encourage compliance with those standards, and for related purposes.
Bill read a first time.
Mr Ah Kit moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Greatorex (Dr Lim) debate was adjourned.
- 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 and passed
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Mines and Energy (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
- The Leader of Government Business (Mr Henderson) moved – That the Routine of Business, Ministerial Statements be called on forthwith.
Question – put and passed.
- The Chief Minister (Ms Martin) made a statement relating to the completion of the AustralAsia Railway from Alice Springs to Darwin.
Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
Extension of time: The Member for Greatorex (Dr Lim) moved - That the Member for Brennan (Mr Burke) be granted an extension of time, pursuant to Standing Order 77.
Question – put and passed.
Debate continued.
On the motion of the Minister for Health (Dr Toyne) debate was adjourned.
- The Minister for Health (Dr Toyne) made a statement relating to the Government’s health and community services agenda and framework for the next 5 years.
Dr Toyne moved – That the Assembly take note of the Statement.
Debate ensued.
Paper tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –
Debate continued.
Extension of time: The Minister for Health (Dr Toyne) moved - That the Member for Arafura (Ms Scrymgour) be granted an extension of time, pursuant to Standing Order 77.
Question – put and passed.
Debate continued.
Papers tabled: The Member for Brennan (Mr Burke), by leave, laid on the Table the following Papers -
School Dental Clinics, summary of dental clinics closed (Paper 1196);
Royal Darwin Hospital, bed shortages, e-mail from constituent (Paper 1197); and
Capital Works, Cross Output Group, Royal Darwin Hospital – Information Act, paper release (Paper 1198).
Debate continued.
Extension of time: The Member for Port Darwin (Ms Carter) moved - That the Member for Brennan (Mr Burke) be granted an extension of time, pursuant to Standing Order 77.
Question – put and passed.
Debate continued.
The Leader of Government Business (Mr Henderson) moved – That the debate be adjourned.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 12 NOES, 10
Mrs Aagaard Mr Baldwin
Mr Bonson Mr Burke
Dr Burns Ms Carney
Mr Henderson Ms Carter
Mr Kiely Mr Dunham
Ms Lawrie Mr Elferink
Ms Martin Dr Lim
Mr McAdam Mr Maley
Ms Scrymgour Mrs Miller
Mr Stirling Mr Mills
Dr Toyne
Mr Vatskalis
And so it was resolved in the affirmative.
And the Member for Drysdale (Mr Dunham) continuing to ignore the Speaker’s request to come to order -
Member suspended: The Speaker (Mrs Braham), pursuant to Standing Order 240A, ordered the Member for Drysdale (Mr Dunham) at 8.59pm to withdraw from the Chamber for a period of one hour on account of disorderly conduct.
Mr Dunham in proceeding to withdraw from the Chamber continued to address the Chair in an unparliamentary manner –
Member named and suspended: The Speaker thereupon named the Member for Drysdale (Mr Dunham) for his continued offensive comments and disorderly conduct.
The Leader of Government Business (Mr Henderson) thereupon moved – That the Member for Drysdale (Mr Dunham) be suspended from the service of the Assembly for a period of 24 hours, pursuant to Standing Order 241.
Question – put and passed.
The Member for Drysdale (Mr Dunham) was therefore suspended at 9.10pm for 24 hours, and accordingly withdrew from the Chamber.
- The Speaker advised Members that the Leader of the Opposition (Mr Mills) had proposed as a definite matter of public importance for discussion this day -
Noting –
fewer Territorians have full time jobs now than in August 2001;
while GST revenues have increased from $1.2 billion in 2000/2001 to more than $1.6 billion - that is by $400 million or one-third – Territory business is suffering under the burden of the tax on jobs ie pay-roll tax; and
this government seems unable to act to ease the situation other than to commission southern consultants for another review or discussion paper,
it is an urgent matter of public importance that a new approach must be found and new policies implemented.
The proposed discussion having received the necessary support -
The Speaker thereupon called upon Mr Mills to address the Assembly.
Discussion ensued.
Leave denied: The Member for Araluen (Ms Carney) sought leave to move a motion to grant an extension of time for the Leader of the Opposition (Mr Mills) to continue his remarks
A dissentient voice being raised – leave denied.
Discussion continued.
Leave denied: The Leader of the Opposition (Mr Mills) sought leave to move a motion to grant an extension of time to the Member for Greatorex (Dr Lim).
A dissentient voice being raised – leave denied.
Discussion continued.
Discussion concluded.
- The Minister for Justice and Attorney-General (Dr Toyne) moved – That the Assembly do now adjourn.
Debate ensued.
Remuneration Tribunal Determination, overseas travel for Members: The Member for Goyder (Mr Maley) made a report to the Speaker, pursuant to the Remuneration Tribunal Determination paragraph 4.2, relating to overseas travel by Members.
Debate continued.
And the Assembly having sat until 12 midnight –
Debate continued.
Question – put and passed.
And the Assembly adjourned at 00.08am Wednesday 2004 until 10am, this day.
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- PAPERS:
The following Papers were deemed to have been presented on Tuesday 17 February 2004 –
Annual Reports:
Aboriginal Areas Protection Authority, 2002/2003 (Paper 1183)
Northern Territory Legal Aid Commission, 2002/2003 (Paper 1184)
Northern Territory Plumbers and Drainers Licensing Board, 2002/2003, for the year ended 30 September 2003 (Paper 1182)
Community Government Scheme:
Yugul Mangi Community Government Scheme (Paper 1181)
Coroners Act:
In the matter of Coronial Findings and Recommendations into the Death of Ms Annette Kunia, pursuant to section 46B (Paper 1185)
In the matter of Coronial Findings and Recommendations into the Death of Ms Dianne Dale Juratowitch, pursuant to section 46B (Paper 1186)
Regulations 2003:
No. 55, Amendment of Evidence Regulations (Paper 1187)
No. 56, Amendments of Northern Territory Rail Safety Regulations (Paper 1188)
No. 57, Amendments of Fisheries Regulations (Paper 1189)
No. 58, Legal Practitioners Admission Rules (Paper 1190)
No. 59, Palmerston (Procedures for Meetings) By-Laws (Paper 1191)
No. 60, Amendments of Corporations Law Rules (Paper 1192)
Regulations 2004:
No. 01, Amendments of Animal Welfare Regulations (Paper 1193)
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- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016