Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2002-02-26

1. MEETING:
The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 29 November 2001. The Speaker, the Honourable L. M. Braham, took the Chair.

2. PRAYERS.

3. GENERAL BUSINESS DAY – NOMINATION:
The Leader of Government Business (Mr Stirling), on behalf of the Chief Minister, pursuant to Standing Order 93, nominated Wednesday 27 February 2002 as the next sitting day on which General Business will have precedence of Government Business.

4. PETITION:
The Member for Araluen (Ms Carney), by leave, presented a petition number 10 from 80 petitioners requesting that the plan to demolish the Cawood Court unit complex in Alice Springs and the previous development plans for the site to proceed. (Paper 169)
Petition not read.
Responses to Petitions:
The Clerk, pursuant to Standing Order 100A advised that responses to Petitions Nos. 2, 4, 7, and 9 have been received and circulated to Members. The text of the responses will be included in the Hansard record. (Papers 165, 166, 167 and 168 respectively)

5. STATEMENT – GIVING OF NOTICES:
The Speaker informed the Assembly that pursuant to prior arrangement the giving of Notices will be called on immediately after the luncheon suspension and before Questions at 2pm today.

6. VISITORS:
The Speaker advised Members of the presence in the Speaker’s Gallery of Mrs Noreen Brown and family members, friends and Darwin City Council colleagues of the late Mr George Brown.
On behalf of all Members the Speaker extended a warm welcome to the visitors.

7. CONDOLENCE – GEORGE BROWN – MOTION AGREED TO:
Madam Speaker advised, with deep regret, Members of the death on 8 January 2002 of Mr George Brown, Lord Mayor of Darwin from 1992 until his passing.

The Chief Minister (Ms Martin), by leave, moved – That this Assembly express its deep regret at the death of Mr George Brown, Lord Mayor of Darwin from 1992 until his death and place on record its appreciation of his long and meritorious service to the people of the Northern Territory, in particular the citizens of Darwin, and tenders its profound sympathy to his family.
Ms Martin thereupon addressed the Assembly.
Debate ensued.
Question – put and passed.

Madam Speaker thanked Members for their remarks and made her own response to the motion of condolence; and associated former Members, the Clerk and officers of the Assembly with the terms of the motion and expressed their sympathy to Noreen, her family and friends.

As a mark of respect Members stood in their places for one minute, in silence.

8. STATEMENT – CHUNG WAH SOCIETY LION DANCE TROUPE:
The Speaker advised Members that at 9.40pm on Wednesday, 27 February 2002 the Chung Wah Society Lion Dance Troupe will perform a traditional good luck Chinese blessing of the Chamber for the year of the horse.

9. CONDOLENCE – DR RONALD CAMPBELL WEBB AM – MOTION AGREED TO:
Madam Speaker advised Members of the death on 31 January 2002 of Dr Ronald Campbell (Dick) Webb AM an Official Member of the Sixth Legislative Council from July 1958 to October 1959.

Madam Speaker advised Members that on their behalf a message of condolence has been sent to the family of Dr Webb.

10. MINISTERIAL REPORTS:
Capital and Minor Works Allocations: The Chief Minister (Ms Martin) made a statement relating to recent allocations of money for minor and capital works.
Mr Burke made a statement thereto.

NT Shelter Housing Program: The Minister for Housing (Mr Ah Kit) made a report relating to the funding and community housing program of the NT Shelter housing program.
Dr Lim made a statement thereto.
Mr Ah Kit responded accordingly.

Alice Springs Hospital Services: The Minister for Health and Community Services (Mrs Aagaard) made a report on the quality of care and outcomes for services in the Alice Springs Hospital.
Mr Dunham made a statement thereto.
Mrs Aagaard responded accordingly.

SportingBet Australia Pty Ltd: The Minister for Racing and Betting (Mr Stirling) made a report on the operational commencement of the offcourse betting company in the Territory and a reduction in betting ticket tax.
Mr Baldwin made a statement thereto.
Mr Stirling responded accordingly.

Ministerial Reports noted, pursuant to Sessional Order.

11. ANTI-DISCRIMINATION AMENDMENT BILL 2001 (Serial 28):
The Order of the Day having been read for resumption of debate on the question – That the Bill be now read a second time –
Debate resumed.
Debate adjourned upon luncheon suspension.
Suspension of sittings: The sittings of the Assembly was suspended between 12.08pm and 2pm.
12. NOTICES:
The following notices were given -
Dr Toyne: To present the Classification of Publications, Films and Computer Games Amendment Bill 2002 (Serial 34).

Mr Burke: To move – That, this Assembly –

(a) notes the current low morale of the Northern Territory Police Force;
(b) express its concerns about this Government’s treatment of former Deputy Police Commissioner, Mr John Valentin;
(c) seeks an explanation from the Government on the full extent and effects of budget savings as revealed by the Commander of the Southern Region in a Memo dated December 15, 2001; and
(d) calls on the Government to urgently appoint a suitably qualified team to conduct a comprehensive review of the needs of operational police in the Northern Territory.

Mr Wood: To present the Local Government Amendment Bill 2002 (Serial 44).

Mr Wood: By leave, on behalf of and at the request of the Member for Braitling, gave notice that the Member for Braitling will move – That, this Assembly is of the opinion that:

(1) The issue of violence against Aboriginal women should become an urgent priority to be addressed by the Government;

(2) The implementation of the pro arrest policy be examined with a view to strengthening its operation;

(3) A campaign backed up by adequate resources be introduced to assist Aboriginal communities to respond to ever increasing incidents of violence;

(4) The mandatory reporting by medical staff in public hospitals of suspected assaults be introduced; and

(5) The sentencing regime for such crimes of violence reflect the severity of the crime in line with the concern for the protection of Aboriginal women.

Mr Baldwin: To move – That, this Assembly –

(a) Notes the concerns expressed by recreational anglers in the Northern Territory regarding the delay by the Labor Government to close the McArthur River system to commercial Barramundi fishing;

(b) Calls on the Labor Government to close the McArthur River to commercial fishing;

(c) Calls on the Labor Government to move immediately on it’s election promise to Territorians to close the Adelaide River and Bynoe Harbour to commercial fishing;

(d) Calls on the Labor Government to immediately begin the development of a 10 year Barramundi Fishing Strategy for the Northern Territory and that such a strategy will:

(i) be developed in close consultation with AFANT, the Seafood Council and all interested parties;
(ii) address the principal issues of concern to Territorians including –

River closures
Reduction of commercial Barramundi licences
Resources for infrastructure, research and development
Public education and access
By-catch policies
Indigenous participation; and
Marketing; and

(e) Calls on the Labor Government to implement such a strategy in the immediate future to ensure that the Northern Territory consolidates and advances its position as a pre-eminent world class recreational fishing destination.

Ms Carney: To move – That, this Assembly condemns the Labor Government for:

1. Failing to provide adequate support to the Northern Territory Tourism industry;

2. Reducing the promotional effort of the Northern Territory Tourist Commission (NTTC) both in Australia and internationally; and

3. Failing to secure Virgin Blue services to Alice Springs and Yulara.

Ms Carney: To present the Criminal Code Amendment Bill 2002 (Serial 36).

Mr Maley: To present the Small Claims Amendment Bill 2002 (Serial 40).

Mr Dunham: To present the Public Accounts and Estimates Committee Bill 2002 (Serial 45).

Mr Dunham: To move – That this Assembly call on the Minister for Health and Community Services to:

1. Outline in a concise, fully-costed and transparent manner the various health and community services initiatives promised by the Government;

2. In the absence of fully detailed reporting on these matters during this debate, provide detailed position papers and briefings by departmental officers to the Public Accounts Committee for investigation this financial year;

3. Give the Public Accounts Committee a reference to report to Parliament on the fiscal integrity and transparency of the Government promises by August 2002; and

4. Brief the Assembly on her efforts in this important portfolio to date, as the necessity to do this now is urgent, given plummeting levels of confidence in the Minister’s capacity to undertake the level of effort required.

13. MATTER OF PRIVILEGE – STATEMENT BY SPEAKER:
The Speaker advised that she was in receipt of a letter from the Member for Greatorex (Dr Lim), pursuant to Standing Order 83, in which he raised a matter of privilege and sought to have precedence given to this matter of other business for the purposes of moving a motion to refer the matter to the Committee of Privileges.

I sought and obtained further detail as to the matter Dr Lim considered an alleged contempt and advise the Assembly that I have considered Dr Lim’s request and taken into account the guidelines provided for by resolution of the Assembly dated 23 May 1996 and I have determined that the motion should be given precedence of other business.

14. FURTHER NOTICE:
The following further notice was given by leave -
Dr Lim: To move –

1. That the action of the Chairman of the Public Accounts Committee, Dr C Burns MLA in making a public statement on 30 November 2001 in respect of his opinion of evidence taken before the Public Accounts Committee, could be a contempt of this parliament in that the contents of his statement served to prejudge the issue under consideration by the Committee and as such amounts or is likely to amount, to an improper interference with the free exercise by the Committee of its authority or functions; and

2. That the matter be referred to the Privileges Committee for inquiry and report pursuant to Standing Order 83.

15. QUESTIONS:
14.07pm Mr Burke to Mr Ah Kit
14.09pm Mr Kiely to Ms Martin.
14.17pm Mr Wood to Mr Vatskalis.
14.19pm Mr Maley to Dr Toyne.
14.21pm Dr Burns to Mr Vatskalis.
14.23pm Mr Reed to Dr Toyne.
14.24pm Mr McAdam to Mrs Aagaard.
14.26pm Ms Lawrie to Dr Toyne.
14.29pm Mr Maley to Dr Toyne.
14.32pm Mr Bonson to Mr Ah Kit.
14.36pm Mr Maley to Dr Toyne.
Paper tabled: The Member for Goyder (Mr Maley), by leave, laid on the Table the following Paper –
Agenda of Ministerial meeting with Northern Territory Prison Officers Association, dated 23 January 2002 (Paper 170).

14.37pm Mr Wood to Dr Toyne.
14.39pm Mr Burke to Mr Ah Kit.
14.47pm Mrs Scrymgour to Mr Stirling.
Papers tabled: The Minister for Police Fire and Emergency Services (Mr Stirling) laid on the Table the following Paper –
Extract from Treasurer’s Annual Financial Report 2001, Part 1 Public Account; Agency Budget Estimates, Paper No. 2 – Gross Outlays by Output (Paper 171).

14.52pm Mr Burke to Mr Ah Kit.
14.55pm Mr McAdam to Dr Toyne.
15.00pm Mr Burke to Mr Stirling.

The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Question Paper.
Answer to questions: The Attorney-General (Dr Toyne) answered a question asked of him earlier this day relating to transcripts of ministerial meeting with prison officers association, dated 23 February 2002.

16. ANTI-DISCRIMINATION AMENDMENT BILL 2001 (Serial 28):
The Order of the Day having been read for resumption of debate on the question – That the Bill be now read a second time –
Debate resumed.
Question – put and passed.
Bill was read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
In Committee
( Chairman – Mr Wood)

Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
Mr Maley moved the following amendment -

Omit from proposed section 105(3):

“are to be considered” and substitute “may be considered”.

Debate ensued.
Amendment negatived.
Amendments standing in the name of Mr Maley numbered 11.2, 11.3 and 11.4, by leave, taken together.
Mr Maley moved the following further amendments numbered 11.2, 11.3 and 11.4, respectively -

Omit from proposed section 105(3)(a):

the whole paragraph;

Omit from proposed section 105(3)(b):

the whole paragraph; and

Omit from proposed section 105(3)(c):

the whole paragraph.

The Attorney-General (Dr Toyne) moved – That the question be now put.
Question – put and passed.
Question – That the amendments be agreed to put – put and negatived.
Mr Maley moved the following further amendment -

Insert at the end of proposed section 105(4):

(c) take into consideration the effect of the order on the viability of the person's undertaking, establishment or service.

The Attorney-General (Dr Toyne) moved – That the question be now put.
Question – put and passed.
Question – That the amendment be agreed to put – put and negatived.
Clause 3, as printed, agreed to.
Title agreed to.
Bill to be reported without amendment.
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 without amendment.

The Attorney-General (Dr Toyne) moved – That the Bill be now read a third time.
Question – That the motion 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 Mills
Mr McAdam Mr Reed
Ms Scrymgour Mr Wood
Mr Stirling
Dr Toyne
Mr Vatskalis

And so it was resolved in the affirmative.
Question – put and passed.
The Bill was read a third time and passed to be a proposed law.

17. CENSURE OF MEMBER FOR GOYDER – ALLEGED MISLEADING OF THE ASSEMBLY RE MINUTES OF MEETING WITH NORTHERN TERRITORY PRISON OFFICERS ASSOC. – MOTION AGREED TO:
The Leader of Government Business (Mr Stirling) moved - That so much of Standing Orders be suspended as would prevent him from moving a motion censuring the Member for Goyder (Mr Maley) for misleading this Assembly by referring to a set of minutes today which when he subsequently tabled them were found not to be minutes.
Question put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

The Leader of Government Business (Mr Stirling) thereupon moved - That this Assembly censure the Member for Goyder (Mr Maley) for misleading this Assembly by referring to a set of minutes today which when he subsequently tabled them were found not to be minutes but rather an agenda. (Paper 172)
Debate ensued.
Paper tabled: The Leader of Government Business (Mr Stirling) laid on the Table the following Paper –
Memo, Mr R D Moore, Commissioner, Northern Territory Correctional Services, to CEO, Justice Department,
dated 26 February 2002 re matters raised in the Legislative Assembly Question time 26 February 2002 (Paper 173).

Debate continued.
Paper tabled: The Minister for Community Development (Mr Ah Kit) laid on the Table the following Paper –
Press release - Maley caught misleading parliament, dated 26 February 2002 by Minister for Community Development (Paper 196); and
Transcript of radio interview, 8DDD FM Tuesday 26 February 2002 re transfer of Asian and Caucasian prisoners
(Paper 174).

Debate continued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

AYES, 13 NOES, 11

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 Mr Mills
Ms Scrymgour Mr Reed
Mr Stirling Mr Wood
Dr Toyne
Mr Vatskalis

And so it was resolved in the affirmative.
Question – put and passed.

18. VISION FOR A STRONGER TERRITORY – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Chief Minister (Ms Martin) made a statement on the government’s vision for a stronger Territory and better opportunities for all citizens. (Paper 197)
Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.

19. HEALTH SERVICE ACTIONS FOR 2002 – MINISTERIAL STATEMENT –STATEMENT NOTED:
The Minister for Health and Community Services (Mrs Aagaard) made a statement reporting on health services and infrastructure for all Territorians. (Paper 198)
Mrs Aagaard moved – That the Assembly take note of the Statement.
Debate ensued.
Extension of time – denied: The Member for Port Darwin (Ms Carter) moved that Mr Dunham be granted an extension of time, pursuant to Standing Order 77. A majority of Members not signifying their consent – extension of time denied.
Debate continued.
Question – put and passed.

20. ADJOURNMENT:
The Minister for Community Development (Mr Ah Kit) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 11.42pm until Wednesday 27 February 2002 at 10am.
PAPERS:
The following Papers were deemed to have been presented on Tuesday 26 February 2002:

Annual Reports:
Actuarial Review of the Northern Territory Government and Public Authorities Superannuation Scheme as at 30 June 2001 (Paper 195)
Menzies School of Health Research, 2000/2001 (Paper 199)
Office of Courts Administration, 2000/2001 (Paper 194)
The Surveyors Board of the Northern Territory, 2000/2001 (Paper 193)

Casino Operator’s Agreement:
Ford Dynasty Pty Ltd - Letter to Mr Peter Bridge, Managing Director, Lasseters Hotel Casino from the Minister for Racing, Gaming and Licensing, Hon. S J Stirling, Re: Taxation rates, dated 18 December 2001 (Paper 191)

Financial Management Act
Determination of Variation of Allocation to activity – Northern Territory Treasury Corporation, pursuant to section 23(1) and (2), signed Treasurer, dated 7 December 2001 (Paper 187)
Direction – Transfer of excess allocations between activities, pursuant to section 20(1)(a), signed Administrator, dated 12 December 2001 (Paper 189)
Statement under section 19(4), Increase in Treasurer’s Advance, pursuant to section 19(1), signed Administrator, dated 12 December 2001 (Paper 190)
Variation of Allocation to activity, Department of the Chief Minister, pursuant to section 23(1), signed Treasurer, dated 5 February 2002 (Paper 188)

Financial Statement
Menzies School of Health Research, 2000/2001 (Paper 192)

Regulations 2001
No. 46, Commercial and Private Agents Licensing Regulations (Paper 175)
No. 47, Amendment of Motor Vehicles Regulations (Paper 176)
No. 48, Amendment of Motor Vehicles (Fees and Charges) Regulations (Paper 177)
No. 49, Amendments of Fisheries Regulations (Paper 178)
No. 50, Mining Management Regulations (Paper 179)
No. 51, Amendment of Mining Regulations (Paper 180)
No. 52, Amendment of Pay-roll Tax Regulations (Paper 181)
No. 53, Amendments of Waste Management and Pollution Control (Administration) Regulations (Paper 182)
No. 54, Fines and Penalties (Recovery) Regulations (Paper 183)
No. 55, Amendments of Small Claims Rules (Paper 184)

Regulations 2002
No. 02, Amendment of Water Regulations (Paper 185)
No. 03, Small Claims Regulations (Paper 186)

ATTENDANCE
All Members attended the sittings.
Last updated: 04 Aug 2016