Minutes of Proceedings - 2002-10-10
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. PETITIONS:
- Response to petition: The Clerk, pursuant to Standing Order 100, advised that a response had been received to Petition No. 15 relating to the regulation of fireworks for Territory Day and which had been circulated to Members. The Clerk advised that the text of the response would be included in the Hansard record. (Paper 633)
4. MINISTERIAL REPORTS:
- Alcohol Restriction Trials, Alice Springs: The Minister for Justice and Attorney-General (Dr Toyne) reported on a review of alcohol restriction trials in Alice Springs which commenced on 1 April 2002.
Dr Lim responded thereto.
Dr Toyne responded accordingly.
AustralAsia Railway, Progress Update: The Minister for Business, Industry and Resource Development (Mr Henderson) reported on the progress in construction of the AustralAsia Railway line.
Mr Burke responded thereto.
Mr Henderson responded accordingly.
Health Department Operational Review: The Minister for Health and Community Services (Mrs Aagaard) reported on an internal review of Health department operations.
Mr Dunham responded thereto.
Mrs Aagaard responded accordingly.
National Highways and Land Transport Standards: The Minister for Transport and Infrastructure (Mr Vatskalis) reported on national land transport infrastructure for roads and highways issues discussed at the National Road Transport Council meeting he attended on 18 September 2002.
Mr Reed responded thereto.
Mr Vatskalis responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
- The Minister for Justice and Attorney-general (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Crown Proceedings 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.
- 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.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper –
Letter, Povey Stirk, Lawyers and Notaries, to Ms Jodeen Carney MLA, dated 19 September 2002 (Paper 637).
Debate continued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into the Committee of the Whole for consideration of the Bill.
In Committee
(Chairman Mr Wood)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the following amendment was agreed to, after debate –
Insert at the end of proposed section 6 –
- (2) Service under subsection (1) may be effected by post, facsimile transmission or personal service.
Clause 4, as amended, agreed to.
Clauses 5 to 8, by leave, taken together and agreed to, after debate.
New Clause 8A –
On the motion of Dr Toyne the following new clause 8A was inserted in the Bill, after debate –
8A. New section
- The Principal Act is amended by inserting after section 15 the following:
- (1) A party to proceedings in respect of an application under section 5 may appeal to the Court constituted by a magistrate against a determination made by a Judicial Registrar that an assistance certificate is, or is not, to be issued.
(2) A party to proceedings commenced under section 21 may appeal to the Court constituted by a magistrate against a determination made by a Judicial Registrar –
(a) that the Territory is entitled to recover from an offender a specified amount; or
(b) that the Territory is not entitled to recover any amount from an offender.
(3) An appeal under subsection (1) or (2) is to be in accordance with Part 37 of the Local Court Rules.
(4) A party to proceedings under this Act may appeal to the Court constituted by a magistrate against an order in those proceedings made by a Judicial Registrar or Registrar.
(5) An appeal under subsection (4) is to be in accordance with rule 4.04 of the Local Court Rules.
(6) A party to proceedings under this Act is not entitled to appeal to the Supreme Court against a determination or an order to which this section applies.
(7) An appeal under this section does not operate as a stay of the determination or order appealed against unless a magistrate orders otherwise.
Clauses 9 to 11, by leave, taken together and agreed to.
Clause 12 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate -
Insert at the end of proposed section 21 -
- (6) If the Court is satisfied that the assistance certificate specifying the amount to be paid by the Territory should not have been issued, the Court may determine that the Territory is not entitled to recover any amount from the offender.
Clause 12, as amended, agreed to.
Clause 13 read.
On the motion of Dr Toyne the following amendment was agreed to, after debate –
Omit proposed section 24(4) and insert in its stead –
(4) The Regulations –
- (a) may prescribe a lump sum fee for specified work done in respect of an application under section 5, and specified disbursements incurred in doing that work, as the costs allowable in respect of that application; and
(b) may prescribe a percentage of the costs otherwise allowable under the Appendix to Order 63 of the Supreme Court Rules as the costs allowable for work done in respect of an application under section 5.
Ordered - That Committee proceedings be suspended.
- Suspension of sitting: The sittings of the Assembly was suspended between 12.03pm and 2.05pm.
6. QUESTIONS:
- 2.06pm Mr Burke to Mr Stirling and referred to Dr Toyne.
2.08pm Ms Lawrie to Ms Martin.
2.13pm Mr Elferink to Mr Stirling.
2.15pm Mr Bonson to Mr Henderson.
2.21pm Mr Wood to Dr Toyne.
2.23pm Ms Scrymgour to Mr Stirling.
2.26pm Ms Carney to Mr Henderson.
2.30pm Mr Kiely to Mr Vatskalis.
2.33pm Ms Carney to Mr Henderson.
2.35pm Ms Lawrie to Dr Toyne.
2.38pm Ms Carney to Mr Henderson.
2.41pm Mr Wood to Mr Vatskalis.
2.43pm Dr Burns to Mr Vatskalis.
2.46pm Ms Carney to Mr Henderson.
2.50pm Mr Bonson to Mr Ah Kit.
2.55pm Ms Carney to Mr Henderson.
3.01pm Mr McAdam to Mrs Aagaard.
3.03pm Ms Carney to Mr Henderson.
3.08pm Ms Lawrie to Dr Toyne.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Written Question Paper.
7. CRIMES (VICTIMS ASSISTANCE) AMENDMENT BILL 2002 (Serial 95):
- The Order of the Day having been read for the resumption of consideration of the Bill in Committee of the Whole, suspended earlier this day -
Debate resumed on Clause 13 -
Clause 13, as amended, agreed to.
Clause 14 read negatived.
On the motion of Dr Toyne the following amendment was agreed to, after debate –
Insert after Clause 13 –
- 14. Amendments of Crimes (Victims Assistance) Regulations
(1) The Crimes (Victims Assistance) Regulations are amended by adding at the end the following:
"5. Costs: lump sum fees etc. allowable if assistance not over $5 000
"(1) For the purposes of section 24(4)(a) of the Act, the fees and disbursements allowable as costs in respect of an application under section 5 of the Act, where the assistance certificate specifies an amount not exceeding $5 000, are as follows:
(a) a fee of –
- (i) $750 for work up to and including the first prehearing conference, including taking instructions, obtaining preliminary medical reports, preparing, filing and serving the application, attending the mention and attending the first prehearing conference; or
(ii) $1 050 if the work referred to in subparagraph (i) also includes an application for an extension of time for the purposes of section 5(3) of the Act;
- (i) $350 for further work up to the hearing of the application, including obtaining additional expert medical reports, attending further prehearing conferences and all preparation for the hearing of the application; or
(ii) $700 if the work referred to in subparagraph (i) relates to an application in respect of which the offender has not been found guilty of the offence that resulted in the injury suffered by the victim and where it was necessary to obtain police records or obtain evidence from witnesses;
- (i) $400 if the hearing does not exceed half a day;
(ii) $800 if the hearing exceeds half a day but does not exceed one day; or
(iii) $800 for the first day of the hearing plus $400 for each day or part of a day thereafter;
"(2) A fee referred to in subregulation (1)(c) is not allowable if, during the hearing of the application, the parties reach an agreement in pursuance of section 10A of the Act and the Court specifies the agreed amount in the assistance certificate.
"6. Costs: lump sum fees etc. allowable if assistance over $5 000
"(1) For the purposes of section 24(4)(a) of the Act, the fees and disbursements allowable as costs in respect of an application under section 5 of the Act, where the assistance certificate specifies an amount exceeding $5 000, are as follows:
(a) a fee of –
- (i) $1 000 for work up to and including the first prehearing conference, including taking instructions, obtaining preliminary medical reports, preparing, filing and serving the application, attending the mention and attending the first prehearing conference; or
(ii) $1 300 if the work referred to in subparagraph (i) also includes an application for an extension of time for the purposes of section 5(3) of the Act;
- (i) $400 for further work up to the hearing of the application, including obtaining additional expert medical reports, attending further prehearing conferences and all preparation for the hearing; or
(ii) $800 if the work referred to in subparagraph (i) relates to an application in respect of which the offender has not been found guilty of the offence that resulted in the injury suffered by the victim and where it was necessary to obtain police records or obtain evidence from witnesses;
- (i) $500 if the hearing does not exceed half a day;
(ii) $850 if the hearing exceeds half a day but does not exceed one day; or
(iii) $850 for the first day of the hearing plus $500 for each day or part of a day thereafter;
"(2) A fee referred to in subregulation (1)(c) is not allowable if, during the hearing of the application, the parties reach an agreement in pursuance of section 10A of the Act and the Court specifies the agreed amount in the assistance certificate.
"7. Costs: percentage of Supreme Court costs allowable
"For the purposes of section 24(4)(b) of the Act, the prescribed percentage is 40%.".
- (2) A regulation inserted by subsection (1) may be amended or repealed by a regulation as if the insertion had been by a regulation.
Add at the end –
- "8. Costs if counsel retained
- "If, on application, the Court orders that, because of the particular circumstances of proceedings in respect of an application under section 5, a party to the proceedings should retain counsel, counsel is entitled to costs at the rate prescribed in the scale of costs under the Supreme Court Rules or at the other rate ordered by the Court.".
Debate ensued.
Amendment negatived.
- Remainder of Bill, by leave, taken as a whole and agreed to without amendment.
Bill to be reported with amendments.
The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Wood) reported that the Committee had considered the Bill and agreed to the same with amendments.
Bill reported report adopted.
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.
- The Minister for Lands and Planning (Mr Vatskalis) made a statement relating to amendments to the Northern Territory Planning Scheme with the adoption of the Litchfield Planning Concepts and Land Use Objectives.
Mr Vatskalis moved – The Assembly take note of the Statement.
Debate ensued.
On the motion of the Minister for Business, Industry and Resource Development (Mr Henderson) debate was adjourned.
- The Acting Deputy Speaker (Dr Burns) advised that a letter had been received from the Member for Braitling (Mrs Braham), dated 8 October 2002 proposing as a definite matter of public importance for discussion this day:
- The need for the introduction of Container Deposit Legislation in the Northern Territory.
The proposed discussion having received the necessary support –
The Acting Deputy Speaker thereupon called Mrs Braham to address the Assembly.
Discussion ensued.
Distinguished visitors: The Acting Deputy Speaker (Dr Burns) advised members of the presence in the public gallery of a Queensland parliamentary delegation comprising Mr Neil Roberts, Member for Nudgee; Mr Andrew McNamara, Member for Hervey Bay; and Mr Robert Poole, Member for Gaven.
On behalf of all Members the Acting Deputy Speaker extended a warm welcome to the distinguished visitors.
Discussion concluded.
- The Minister for Business, Industry and Resource Development (Mr Henderson) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 7.12pm on Thursday 10 October 2002 until Tuesday 15 October at 10am.
- PAPERS:
The following Papers were deemed to have been presented on Thursday 10 October 2002:
Annual Reports:
Centralian College, 2001/2002 (Paper 636)
Juvenile Justice Board of Management, Northern Region, 2001/2002 (Paper 635)
Juvenile Justice Board of Management, Southern Region, 2001/2002 (Paper 634)
ATTENDANCE
All Members attended the sittings.