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Minutes of Proceedings - 2004-10-05

1. MEETING:

The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 26 August 2004. The Speaker, the Honourable L. M. Braham, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:

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

MESSAGE No. 25

Assent to Proposed Laws

I, EDWARD JOSEPH EGAN, AO 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:

6 September 2004

Tanami Exploration Agreement Ratification Act 2004

(No 46 of 2004)

13 September 2004

Coroners Amendment Act 2004

(No. 48 of 2004)

Magistrates Amendment Act 2004

(No. 49 of 2004)

Petroleum Amendment Act 2004

(No. 50 of 2004)

Remuneration Tribunal Amendment Act 2004

(No.51 of 2004)

Teacher Registration (Northern Territory) Act

2004

(No.47 of 2004)

15 September 2004

Parks and Wildlife Commission Amendment Act 2004

(No. 52 of 2004)

Publications (Legal Deposit) Act 2004

(No. 53 of 2004)

Statute Law Revision Act (No. 2) 2004

(No. 54 of 2004)

Dated 1st day of October 2004.

E J Egan

Administrator

(Paper 1459)

4. OPPOSITION WHIP, APPOINTMENT:

The Leader of the Opposition (Mr Mills) advised the Assembly that Mr J W Elferink had been appointed Opposition Whip, effective from 4 October 2004.

5. PETITIONS:

Response to petitions:

The Clerk, pursuant to Standing Order 100A, presented responses to the following petitions Nos. 61, 62 (Northern Territory Open Education Centre) and No. 63 (Defence Housing development at Lee Point); and advised Members that the responses would be included in the

Hansard

record. (Paper 1460)

6. MINISTERIAL REPORTS:

Intensive Care Unit, Alice Springs:

The Minister for Health (Dr Toyne) reported on the recent changes undertaken in the Intensive Care Unit due to an outbreak of the Rotavirus in Alice Springs.

Ms Carter responded thereto.

Dr Toyne responded accordingly.

Mineral Exploration Expenditure:

The Minister for Mines and Energy (Mr Vatskalis) reported on the decline in mineral exploration expenditure in the Territory due to difficulties with land rights issues as reported by the N T Mineral Council.

Mr Dunham responded thereto.

Mr Vatskalis responded accordingly.

Conservation Corridor, Rapid Creek:

The Minister for Heritage and Conservation (Dr Burns) reported on the acquisition of land to create a conservation corridor on either side of Rapid Creek.

Mr Baldwin responded thereto.

Dr Burns responded accordingly.

Paper tabled:

Dr Burns laid on the Table the following Paper –

Locality Plan, Rapid Creek 03 Conservation Zone (Paper 1462).

Jabiru Town Council, Code of Conduct:

The Minister for Community Development (Mr Ah Kit) reported on recent events relating to the conduct of elected members of the Jabiru Town Council.

Mr Elferink responded thereto.

Mr Wood responded thereto.

Ministerial Reports noted, pursuant to Sessional Order.

7. SUSPENSION OF STANDING ORDERS TO CALL ON THE ROUTINE OF BUSINESS – MATTERS OF PUBLIC IMPORTANCE – MOTION NEGATIVED:

The Member for Brennan (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Routine of Business of the Assembly being postponed until after consideration of a Matter of Public Importance, standing in his name, pursuant to Standing Order 94.

Debate ensued.

The Leader of Government Business (Mr Henderson) moved – That the question be now put – put and passed.

Question - That the motion be agreed to - 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.

8. COTTON TRIAL, KATHERINE – REFERENCE TO ENVIRONMENT AND SUSTAINABLE DEVELOPMENT COMMITTEE - MOTION NEGATIVED:

The Member for Nelson (Mr Wood), pursuant to notice, moved – That,

1. The Environment and Sustainable Development Committee inquire into and report on:

(a) the economic and environmental issues surrounding the cotton industry in Australia;

(b) the environmental, economic and community issues surrounding the cotton trial in Katherine;

(c) the existing status and future potential of irrigated cropping in the top end of the Northern Territory, including the Ord River irrigation district; and

2. The Committee report to the Legislative Assembly by July 2005.

Debate ensued.

Paper tabled:

The Member for Nelson (Mr Wood), by leave, laid on the Table the following Paper –

Overview of Cotton Research and Prospects in the Northern Territory, March 2004 (Paper 1461).

Debate continued.

_____________

Distinguished visitor:

The Speaker advised Members of the presence in the public gallery of Mr Terry McCarthy, former Speaker of the Legislative Assembly.

On behalf of all Members the Speaker extended a warm welcome to the

distinguished visitor.

_____________

Debate continued.

Question – put and negatived.

9. EXPLANATORY MEMORANDA TO BILLS – MOTION AGREED TO:

The Member for Nelson (Mr Wood), pursuant to notice, moved - That the Assembly refer the following matter to the Standing Orders Committee for inquiry and report –

The need and effectiveness for an explanatory memorandum/statement to be signed off and presented by the relevant Minister or Member when a Bill is tabled in the Assembly.

Debate ensued.

Question – put and passed.

___________

Suspension of sittings:

The sittings of the Assembly was suspended between 11.55am and 2pm.

___________

10. NOTICES:

The following notices were given:

Dr Toyne: To present the Criminal Code Amendment (Child Abuse Material) Bill 2004 (Serial 253).

Dr Toyne: To move – That so much of Standing Orders be suspended as would prevent the Criminal Code Amendment (Child Abuse Material) Bill 2004 (Serial 253) passing through all stages at this sittings.

Dr Burns: To present the Place Names Amendment Bill 2004 (Serial 251).

11. QUESTIONS:

2.02pm Mr Mills to Ms Martin.

2.06pm Mr Kiely to Ms Martin.

2.12pm Mr Mills to Ms Martin.

2.13pm Ms Lawrie to Mr Stirling.

2.18pm Mr Burke to Ms Martin.

2.20pm Mr McAdam to Mr Vatskalis.

2.23pm Mr Wood to Mr Ah Kit.

2.29pm Mr Mills to Ms Martin.

2.30pm Mrs Aagaard to Dr Burns.

2.34pm Mr Burke to Ms Martin.

2.36pm Ms Lawrie to Ms Scrymgour.

2.40pm Mr Mills to Ms Martin.

2.44pm Mr McAdam to Mr Henderson.

2.48pm Mr Mills to Ms Martin.

The Leader of the Opposition (Mr Mills) moved – That so much of Standing Orders be suspended as would prevent him moving a motion to censure the Chief Minister and her government –

The Leader of Government Business (Mr Henderson) informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.

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

12. CENSURE OF CHIEF MINISTER – GRANTS COMMISSION FUNDING POLICIES OF MR MARK LATHAM– MOTION, AS AMENDED, AGREED TO:

The Leader of the Opposition (Mr Mills) thereupon moved – That the Assembly censure the Chief Minister and her government for:

(1) Failing to stand up for the Territory and show leadership by condemning the Federal Labor Leader, Mr Mark Latham for his position that -

“it is absurd to suggest, as the Grants Commission does every year, that community needs in Hobart and Darwin are two to seven times greater than those in Campbelltown and Blacktown. With limited government resources, funding formulas must be prepared, on the basis of need between regions, to take away as well as give.”.

(2) Their public support for the dangerous position and policies of Federal Labor Leader Mr Mark Latham which would:

result in a reduction in Commonwealth funding to the Northern Territory in favour of the rich southern states of New South Wales and Victoria, and
in turn result in tax increases for struggling Territory families and a reduction in services to Territorians.

(3) The Northern Territory Government’s failure to take a stand against the impact of proposed industrial relations policies under a Latham Labor Government on struggling Territory businesses and the mining industry.

Debate ensued.

The Minister for Employment, Education and Training (Mr Stirling) moved the following amendment -

Omit all words after “That” and insert in their stead –

Welcomes the Plans outlined by Mark Latham and Federal Labor to improve the economy and lifestyle of Territorians,

In that under a Latham Federal Government:

every school in the Territory will be better off with more resources;
extra university places and more resources will be allocated for Charles Darwin University;
there will be an additional 400 TAFE places to address skills shortages;

______________

Extension of Time: On the motion of the Leader of Government Business (Mr Henderson) Mr Stirling was granted an extension of time.

______________

more resources will be provided to all Territory hospitals;
a new Medicare Hot Spot team will be established at Royal Darwin Hospital to help provide after hours GP services;
there will be an increase in bulk billing incentives meaning more Territorians can see a doctor for less cost;
a Medicare office will be established in Palmerston;
$300million nationally has been committed to a Dental Care program across Australia – meaning more access to dental services in the Territory;
a $20million Bioterrorism research facility in Darwin
400 additional aged care places will be made available in the Territory;
more child care places for working Territory families along with a free day of care for 4 year olds;
there will be a renewed focus on the development needs of Northern Australia with the establishment of an Office of Northern Australia in Darwin;
a Gas Energy Task Force will be established to work with the Office of Northern Development;
more funding for indigenous housing and infrastructure - $75million over 3 years;
support for Territory businesses under DIDS contract for the entire 8 years.

Further a Latham Labor Government will also:

allocate $20million for roads in the Territory including upgrading the Victoria River Highway and widening sections of the Stuart Highway;
allocate $13.7million to upgrade Tiger Brennan Drive and Berrimah Road – the road transport link to the Port of Darwin;
allocate $19million extra for roads on unincorporated land in the Territory;
boost security in Darwin Harbour by providing $2million to the NTG towards a radar based vessel tracking system;
fund the Aboriginal legal services – not put them out to private tender;
support moves towards Statehood for the Northern Territory;
invest more than $30million in environmental protection for Australia’s coastline;
keep Telstra in public ownership;
establish an expanded coastguard fleet - partly running out of Darwin.

Debate continued on the amendment and motion.

Question – That the question be now put – put and passed.

Question - That the amendment be agreed to - 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, as amended, be agreed to – put and passed.

13. METIS CONSULTING, CONTRACTS – MOTION POSTPONED:

The Order of the Day, Notice No. 3 relating to a notice of motion referring to the Auditor-General for inquiry and report on contracts approved to Metis Consulting PTY LTD and Banscott Pty Ltd.

The Member for Nelson (Mr Wood) moved – That consideration of General Business, Item No. 3, relating to the reference to the Auditor-General to inquire into Metis Consulting contracts, be postponed until a later hour.

Question – put and passed.

14. GAMING AND POKER MACHINES IN THE COMMUNITY – PROPOSED APPOINTMENT OF SELECT COMMITTEE – MOTION NEGATIVED:

The Leader of the Opposition (Mr Mills), pursuant to notice, moved – That this Assembly appoint a Select Committee to inquire into and review –

1. The Report by the Select Committee on Effects of Poker Machines in community venues.

2. The National Competition Commission Report on Gaming Machines in the Northern Territory and the current regulatory systems for the Territory to meet its own requirements.

3. The primary objectives of the distribution of electronic gaming machines in the Northern Territory are explicit and unchanged with a view to provide a productive local leisure activity which would deliver proceeds:

(a) to clubs and licensed venues to improve neighbourhood recreational amenity;

(b) to government, for services to all Territorians;

(d) to the community as a result of revised regulatory mechanisms that will be necessary to ensure fairness, efficiency and integrity are maintained.

4. The impact of the Gaming Machine Amendment Bill 2004 on the existing regulatory system and in meeting the primary objectives of distributing electronic gaming machines in the Northern Territory.

5. The Committee report by December 2004.

6. The Committee be able to:

(a) adjourn from time to time and place to place;

(b) send for persons, papers and records; and

Debate ensued.

Question – put and negatived.

15. BAIL AMENDMENT BILL 2004 (Serial 245):

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 Community Development (Mr Ah Kit) debate was adjourned.

16. OWSTON NOMINEES, PROPOSED REFERENCE TO PUBLIC ACCOUNTS COMMITTEE – MOTION NEGATIVED:

The Member for Nelson (Mr Wood), pursuant to notice moved – That -

1. This Assembly refer to the Public Accounts Committee for inquiry and report all matters relating to the expenditure associated with the unsuccessful prosecution of Owston Nominees No. 2, and Warren Anderson re mistreatment of animals on Tipperary Station from October 2003 to this date; and

2. The Public Accounts Committee report to the Assembly by the last sitting day 2004.

Debate ensued.

Question – put and negatived.

17. TERRITORY PARKS ESTATE TRANSFER TO LAND COUNCILS – PROPOSED REFERENCE TO SELECT COMMITTEE OF THE ASSEMBLY – MOTION NEGATIVED:

The Leader of the Opposition (Mr Mills), pursuant to notice, moved - That,

1. This Assembly, establish a Select Committee to investigate the community benefits and merits of the transfer of the Northern Territory Parks Estate to the Land Councils, proposed by the Government and that this Committee:

(a) be a bi-partisan committee of the parliament comprising three members of government and three members of the opposition and one independent member;

(b) establish its own terms of reference as it sees fit. In doing so it being unfettered in the terms and scope of its inquiry into the proposal; and

2. The Committee report to the Assembly by December 2004.

Debate ensued.

Question – put and negatived.

18. SWIMMING POOL FENCING SCHEMES, COSTS – PROPOSED REFERENCE TO PUBLIC ACCOUNTS COMMITTEE – MOTION NEGATIVED:

The Member for Macdonnell (Mr Elferink), pursuant to notice, moved – That the Assembly refer to the Public Accounts Committee for investigation and report into the following matters:

(a) the cost to the Northern Territory of the original pool fencing scheme prior to its amendment;

(b) the cost to the Northern Territory of the pool fencing scheme after its major amendment; and

(d) the costs incurred by Territorians who attempted to comply

with the schemes that have not been recoverable under compensation packages because of the criteria applied by government.

And the Committee report to the Assembly by the February sittings in 2005.

Debate ensued.

Question – put and negatived.

19. WASTE PRODUCTS DISPOSAL BY GOVERNMENT – PROPOSED REFERENCE TO SESSIONAL COMMITTEE ON THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT – MOTION NEGATIVED:

The Member for Port Darwin (Ms Carter), pursuant to notice, moved – That the Assembly refer to the Sessional Committee on the Environment and Sustainable Development:

1. The disposal and storage of waste products by the Northern Territory Government institutions, including -

(a) storage and disposal of all biological material;

(b) storage and disposal of body parts;

(d) storage and disposal of any chemical product.

2. The Committee report to the Assembly by the February sittings 2005.

Debate ensued.

_____________

Extension of time:

On the motion of the Member for Karama (Ms Lawrie) the Minister for Environment and Heritage (Ms Scrymgour) was granted an extension of time.

_____________

Debate continued.

Paper tabled:

The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Paper –

Bioterrorism $60m pledge Labor wants NT in frontline, Northern Territory News, dated 22 September 2004 (Paper 1472).

Debate continued.

Question – put and negatived.

20. SENTENCING AMENDMENT BILL 2004 (Serial 126):