Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2003-02-26

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

    2. PRAYERS.

    3. VISITORS:
        The Speaker advised Members of the presence in the public gallery of Howard Springs Primary School Year 6/7 students accompanied by their teachers, Mr Geoff Nalder, Mr Robby Dunbar, Ms Tanya Ham and Ms Alison Holmes.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.

    4. MINISTERIAL REPORTS:
        Indigenous Employment Programs: The Minister for Business, Industry and Resource Development (Mr Henderson) made a report on indigenous employment programs as a result of a Memorandum of Understanding between the Northern Land Council and the Territory Construction Association.

        Papers tabled: Mr Henderson laid on the Table the following Papers –
    Memorandum of Understanding between Northern Land Council and Territory Construction Association Inc (Paper 816); and

    Capability Statement to Provide Training Coordination and Indigenous Employment Services to Phillips and Bechtel for the Construction and Operation of the LNG Plant Wickham Point Northern Territory (Paper 817).

        Mr Dunham responded thereto.
        Mr Henderson responded accordingly.

        Office of Crime Prevention: The Minister for Justice and Attorney-General (Dr Toyne) made a report on the development of an integrated offender management system for the reduction of crime and repeat offending.
        Mr Elferink responded thereto.
        Dr Toyne responded accordingly.

        National Transport Links: The Minister for Transport and Infrastructure (Mr Vatskalis) reported on funding of National Transport Links and maintenance programs.

        Paper tabled: Mr Vatskalis laid on the Table the following Paper –
    AusLink, Northern Territory Comments on AusLink Green Paper, February 2003 (Paper 818).

        Mr Dunham responded thereto.
        Mr Vatskalis responded accordingly.

        Grapevine Leaf Rust: The Minister for Primary Industry and Fisheries (Dr Burns) reported on the government’s eradication and control program for the treatment of a fungus attacking grapevines.
        Mr Maley responded thereto.
        Dr Burns responded accordingly.

        Ministerial Reports noted, pursuant to Sessional Order.
    5. ALTERNATIVE INDUSTRIAL DEVELOPMENT SITES IN DARWIN, ASSESSMENT – MOTION NEGATIVED:
        The Member for Nelson (Mr Wood), pursuant to notice, moved – That the government initiate a public assessment of alternative industrial development sites in the Darwin region including the proposed corridor
        from East Arm to Glyde Point, and while that assessment is occurring the government place a moratorium on industrial development on the Ware Peninsula specifically land and sea covered by
        Sections 1814, 1817, 1791 Hundred of Ayres, not including the Phillips LNG site.
        Debate ensued.
        Question - That the motion be agreed to - put.
        The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

        AYES, 12 NOES, 13

        Mr Baldwin Mrs Aagaard
        Mrs Braham 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
        Mr Mills Ms Scrymgour
        Mr Reed Mr Stirling
        Mr Wood Dr Toyne
        Mr Vatskalis

        Motion negatived accordingly.
    6. STANDING ORDERS COMMITTEE – REFERENCE, QUESTION TIME OPERATION – MOTION:
        The Member for Nelson (Mr Wood), pursuant to notice, moved - That Standing Orders relating to Question Time be referred to the Standing Orders Committee, to review and make recommendations aimed at
        ensuring question time is more relevant, efficient, accountable and informative to Members of parliament and constituents.
        Mr Wood, by leave, moved – That the following words be added to the reference –

            The Committee report to the Assembly by or during the November 2003 sittings of the Assembly.

        Debate ensued.
        Debate suspended.
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        Suspension of sittings: The sittings of the Assembly was suspended between 11.56am and 2.00pm.
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    7. NOTICES:
        The following notices were given –
        Dr Toyne: To present the Personal Injuries (Civil Claims) Bill 2003 (Serial 137).

        Dr Toyne: To present the Legal Practitioners Amendment (Costs and Advertising) Bill 2003 (Serial 138).

        Mr Stirling: To present the Private Security Amendment Bill 2003 (Serial 136).

        Mr Henderson: To move - That the Assembly at its rising on Thursday 27 February 2003 adjourn until Tuesday 29 April 2003 at 10a.m. at the Alice Springs Convention Centre or such other time and/or date and/or
        place as may be set by Madam Speaker, pursuant to Sessional Order.

        Mr Henderson: To move - That on the next day of sitting I shall move a motion in the terms circulated to Honourable Members in respect of the regional sittings of the Assembly in Alice Springs.

        Mr Henderson: To move, on the next sitting day – That the Standing Orders Committee be given an extension of time until June 2003 to report to the Assembly on the Code of Conduct and Ethical Standards
        reference provided to the Committee on 20 June 2002.

        Mr Henderson: To move, on the next sitting day - That so much of Standing Orders be suspended as would prevent debate on the Standing Orders Committee report and the motions relating to the appointment
        of the Estimates Committee and the Government Owned Corporations Scrutiny Committee being debated together and the questions being put separately.

        Mr Henderson: To move a motion in the terms circulated to Honourable Members in respect to the appointment and operation of the Government Owned Corporations Scrutiny Committee 2003.

        Mr Henderson: To move - a motion in the terms circulated to Honourable Members in respect to the appointment and operation of the Estimates Committee.
    8. QUESTIONS:
        2.01pm Mr Burke to Mr Henderson.
        2.07pm Mr Kiely to Mr Stirling.
        2.10pm Mr Dunham to Dr Toyne.
        2.15pm Ms Lawrie to Mr Henderson.
        2.21pm Mr Dunham to Mr Henderson.
        2.24pm Mr Wood to Mr Vatskalis.
        2.26pm Mr Bonson to Mr Vatskalis.
        2.29pm Ms Carney to Ms Martin.
        2.32pm Mr McAdam to Dr Burns.
        2.37pm Mr Maley to Ms Martin.
        Paper tabled: The Member for Goyder (Mr Maley), by leave, laid on the Table the following Paper -
    Article, Adviser in phone call hang-up row, Northern Territory News, page 5, dated 31 December 2002 (Paper 819).

        2.39pm Ms Scrymgour to Dr Toyne.
        2.42pm Mr Maley to Ms Martin.
        2.44pm Mr Bonson to Mrs Aagaard.
        2.49pm Mr Wood to Mr Ah Kit.
        2.52pm Mr Maley to Ms Martin.
        2.54pm Mr McAdam to Mr Stirling.
        2.59pm Mr Mills to Mr Stirling.
        Additional answer: The Chief Minister (Ms Martin) provided additional information in relation to a question asked earlier this day from the Member for Goyder re telephone manner of senior government official.

        The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
    9. STANDING ORDERS COMMITTEE – REFERENCE, QUESTION TIME OPERATION – MOTION NEGATIVED:
        The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the motion moved by Mr Wood – That,
        (a) Standing Orders relating to Question Time be referred to the Standing Orders Committee, to review and make recommendations aimed at ensuring question time is more relevant, efficient,
        accountable and informative to Members of parliament and constituents; and
        (b) the Committee report to the Assembly by or during the November 2003 sittings of the Assembly.

        Debate resumed.
        Question – put and negatived.
    10. PLASTIC BAG LEVY – MOTION, AS AMENDED, AGREED TO:
        The Member for Nelson (Mr Wood), pursuant to notice, moved - That the Northern Territory Government –
        (a) support a compulsory levy on plastic bags, similar to that operating in Ireland and being proposed for England; and
        (b) lobby the Federal Government for a compulsory national levy on plastic bags at the next meeting of environment ministers and of COAG.

        Debate ensued.
        The Minister for Environment and Heritage (Dr Burns) moved the following amendment -
        Omit all words after “that” and insert in their stead –
            the Legislative Assembly commends the action by the Environment Protection and Heritage Council (EPHC) to set a national target of reducing plastic bag litter by 75% by the end of 2004 and notes
            the following initiatives:
            1. the consideration of legislative options, including incentives for the recycling of plastic bags;

            2. requiring retailers to develop and implement a strong National Code of Practice by April 2003 which will include targets for recycling and reducing plastic bag use;

            3. developing a consumer and retailer awareness program; and

            4. undertaking a comprehensive study on the full impact of degradable plastic bags into the market place.
        Debate continued.
        Question – That the amendment be agreed to – put and passed.
        Question – That the motion, as amended, be agreed to – put and passed.
    11. TRAFFIC AMENDMENT BILL 2003 (Serial 124):
        The Member for Nelson (Mr Wood), pursuant to notice, presented a Bill for an Act to amend the Traffic Act.
        Bill read a first time.
        Mr Wood moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Minister for Police, Fire and Emergency Services (Mr Henderson) debate was adjourned.
    12. SENTENCING AMENDMENT BILL 2003 (Serial 126):
        The Member for Braitling (Mrs Braham), pursuant to notice, presented a Bill for an Act to amend the Sentencing Act.
        Bill read a first time.
        Mrs Braham moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Minister for Police, Fire and Emergency Services (Mr Henderson) debate was adjourned.

    13. CONTAINER DEPOSIT (ENVIRONMENTAL PROTECTION) BILL 2003 (Serial 131):
        The Member for Braitling (Mrs Braham), pursuant to notice, presented a Bill for an Act to establish a beverage container deposit scheme and for related purposes.
        Bill read a first time.
        Mrs Braham moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Minister for the Environment and Heritage (Dr Burns) debate was adjourned.
    14. POPULATION LOSS FROM TERRITORY – MOTION NEGATIVED:
        The Chief Minister (Mr Burke), pursuant to notice, moved –
        That this Assembly, noting –
        (a) the loss of population in the Territory is causing a loss of revenue estimated by the Treasurer to be $20 million to $25 million a year and the halving of the Territory’s representation in the House of Representatives;

        (b) the loss of population has been caused by the first net loss in overseas migration since 1976 and a substantial increase in the net loss in interstate migration in the year to June 2002;

        (c) the loss of population has been exacerbated by the Government’s cut in public servant numbers from 14,779 in May 2001 to 14,321 in September last year;

        (d) the loss of population has been further exacerbated by the fact many business owners have left as noted by the Government’s Business Round Table; and

        (e) the trend unemployment has been increasing in a falling workforce for the past six straight months,
          Therefore calls upon the Government to immediately act to –

          1. restore business confidence by abolishing the taxes, levies and charges it has imposed such as the HIH levy and the car tax;

          2. implement the plans to develop the Darwin Wharf Precinct;

          3. establish a Darwin Convention Centre rather than continuing to delay it by so-called fast-tracking;

          4. free up land in Alice Springs for residential development;

          5. resolve the procrastination delaying improved air services for Alice Springs;

          6. implement a plan of action for Owen Springs;

          7. embark on a campaign to attract people to the Territory rather than just be a mute witness to their departure;

          8. overturn its plans to cut its budget for the development of and assistance to the tourism industry;

          9. abandon its plan to further cut the public service by up to 1500 jobs thereby adding to the loss of population when those 1500 and their families go elsewhere for work;

          10. help those businesses who are employing Territorians today as well as attract major projects for the future rather than concentrating on one objective to the exclusion of the other; and

          11. address the increasing cost of living being forced on Territorians by increased Government taxes, charges and levies.

          Debate ensued.
          ––––––––––––––––
          Extension of time: The Minister for Health and Community Services (Mrs Aagaard) moved – That the Treasurer (Mr Stirling) be granted an extension of time, pursuant to Sessional Order 77.
          Question – put and passed.
          ––––––––––––––––
          Debate continued.
          Question – put and negatived.
      15. PUBLIC ACCOUNTS COMMITTEE – INQUIRY INTO DEPARTMENT OF HEALTH AND COMMUNITY SERVICES – MOTION NEGATIVED:
          The Member for Port Darwin (Ms Carter), pursuant to notice, moved –
          That Public Accounts Committee inquire into and report upon –

          1. The allegations contained in the Report of Review of the Northern Territory Department of Health and Community Services with respect to the 2001/02 and 2002/03 departmental budget with particular reference, but not limited, to:
              (a) the lack of control in employing 150 extra staff without ongoing budget provision;
              (b) the lack of control in that 46 per cent of the department’s workforce is not nominally attached to a position number;
              (c) the lack of control in that 20 per cent of departmental staff are in supernumerary positions;
              (d) the lack of control in that part of the actual expenditure of the department incurred in 2001/02 was deferred until 2002/03 and whether this was a breach of either the Financial Management Act
              or the Fiscal Integrity and Transparency Act;
              (e) the lack of control in that failure to implement strategies to achieve medium to long-term efficiencies resulted in additional recurrent funding not being used for the purpose for which it was appropriated;
              (f) the lack of control of expenditure in 2001/02 has resulted in enormous pressures on the 2002/03 budget with the resultant overspend by the department of between $20 million and $30 million on that
              allocated for 2002/03;
              (g) whether monthly financial reports within the department have been unclear, inaccurate, subject to factual disputes, and have failed to address significant divergence from the budget;
              (h) the allegations of inadequate or inappropriate recording, auditing and disposal of departmental assets;
              (i) the allegations of inadequately registered, controlled and monitored accountable forms within the department; and,
              (j) the allegations of inadequate processes for the purchases of goods for the department.
          2. How the allegations made in the Review Report if substantiated affect what is contained in the 2001/02 Annual Report of the Department of Health and Community Services tabled in this Assembly, with particular reference, but not limited to the accounting practices revealed in the Review Report and the validity of the Annual Report and the accounts it contains;

          3. Whether the Report’s recommendation for staff changes will result in any savings by cutting staff numbers or instead be a switching of positions between the department’s areas of responsibility.
            4. Whether, and if so when, the department undertook to advise its Minister of the problems with both the 2001/02 and 2002/03 budgets.

            5. That the Committee report to the Assembly on or before the sittings of the Assembly set down for June 2003.

            Debate ensued.
            Question - That the motion 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
            Mr Mills Mr McAdam
            Mr Reed Ms Scrymgour
            Mr Stirling
            Dr Toyne
            Mr Vatskalis

            Motion negatived accordingly.
        16. BUSHFIRES AMENDMENT BILL 2003 (Serial 129) and CRIMINAL CODE AMENDMENT BILL 2003 (Serial 130):
            Suspension of Standing Orders: The Member for Araluen (Ms Carney), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent Bills entitled, the Bushfires Amendment Bill 2003
            (Serial 129) and Criminal Code Amendment Bill 2003 (Serial 130) –

            (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.
            Question – put and passed.
            Ms Carney, pursuant to notice, presented a Bill for an Act to amend the Bushfires Act; and a Bill for and Act to amend the Criminal Code.
            Bills read a first time.
            Ms Carney moved – That the Bills be now read a second time.
            Debate ensued.
            On the motion of the Minister for Transport and Infrastructure (Mr Vatskalis) debate was adjourned.
        17. BAIL AMENDMENT BILL 2003 (Serial 135):
            The Member for Macdonnell (Mr Elferink), pursuant to notice, presented a Bill for an Act to amend the Bail Act.
            Bill read a first time.
            Mr Elferink moved – That the Bill be now read a second time.
            Debate ensued.
            On the motion of the Minister for Justice and Attorney-General (Dr Toyne) debate was adjourned.
        18. NOTICE OF MOTION AMENDED – ALICE SPRING SITTINGS PROGRAM:
            The Leader of Government Business (Mr Henderson), pursuant to Standing Order 103, notified the Assembly that he had amended the notice given this day relating to the conduct of an Alice Springs regional sittings.
        19. ADJOURNMENT:
            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 10.36pm on Wednesday 26 February 2003 until Thursday 27 February 2003 at 10am.
            ATTENDANCE
            All Members attended the sittings.
      Last updated: 04 Aug 2016