Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2004-12-02

1. MEETING:
The Assembly met at 10am. 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. 27

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:
        25 October 2004
          Criminal Code Amendment (Child Abuse Material) Act 2004 (No. 55 of 2004)
          4 November 2004
            Evidence Reform (Children and Sexual Offences) Act 2004 (No. 56 of 2004)
            Police Administration Amendment (Forensic Procedures) Act 2004 (No. 57 of 2004)
            Nuclear Waste Transport, Storage and Disposal (Prohibition) Act 2004 (No. 58 of 2004)
            Criminal Code Amendment (Money Laundering) Act 2004 (No. 59 of 2004)
            Child Protection (Offender Reporting and Registration) Act 2004 (No. 60 of 2004)
            Poisons and Dangerous Drugs Amendment Act 2004 (No. 61 of 2004)
            Dated 1st day of December 2004.

            E J Egan
            Administrator
            (Paper 1567)

        4. MINISTERIAL REPORTS:
            BIMP-EAGA: The Minister for Asian Relations and Trade (Mr Henderson) reported on outcomes of a meeting of senior officials from the East Asian Economic Group in Darwin relating to exploration and fostering of trade and investment partnership opportunities for BIMP-EAGA and the Territory.
            Mr Burke responded thereto.
            Mr Henderson responded accordingly.

            Aboriginal Interpreter Service: The Minister for Community Development (Mr Ah Kit) reported on the Aboriginal Interpreter Service and its benefits in the courts and public health programs.
            Mr Elferink responded thereto.
            Mr Ah Kit responded accordingly.

            Volunteer Bushfires Brigade: The Minister for Lands and Planning (Dr Burns) reported on the nine Bush Fire Management Regions and reports on the management practices and procedures made by the Bushfires Council NT.
            Papers tabled: Dr Burns laid on the Table the following Papers –
        Bushfires Council NT, Chairman’s Report for the Arafura, Vernon, Katherine, Gulf and Victoria River Downs Bushfire Regions – Jan 2003 to December 2003 (Paper 1568); and
        Bushfires Council NT, Chairman’s Report for Alice Springs East and West, Barkly and Elliott/Wauchope Bushfire Regions – July 2002 to June 2003 (Paper 1569).

            Mr Dunham responded thereto.
            Dr Burns responded accordingly.

            Community Welfare Act – Child Protection: The Minister for Family and Community Services (Ms Scrymgour) reported on a proposed review of the child protection system in the Territory.
            Paper tabled: Ms Scrymgour laid on the Table the following Paper –
        Care and Protection of Children and Young People Act, Discussion Draft Bill (Paper 1570).

            Ms Carter responded thereto.
            Ms Scrymgour responded accordingly.
            Ministerial Reports noted, pursuant to Sessional Orders.
        5. DARWIN CITY WATERFRONT PROJECT, DARWIN HARBOUR – PROPOSED CENSURE:
            Suspension of Standing Orders: 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 the Martin Labor government over plans for the construction of the Darwin City Waterfront Development Project.
            Question - put and passed.

            The Leader of the Opposition (Mr Mills) thereupon moved – That the Assembly censure the Chief Minister and Martin Labor Government for being:
                (a) secretive;
                (b) dishonest;
                (c) misleading; and
                (d) duplicitous,
            over its plans for the $1 billion Darwin Waterfront Development;

            And calls on the Martin Labor Government to be honest and transparent by explaining to Territorians, who have a right to know, the following prior to financial close:
                (a) the full extent of taxpayer’s financial commitment to this project;
                (b) what is the commercial value of the 25ha of prime capital city waterfront land that you are providing to the developers;
                (c) why planning scheme amendments are being pushed through that will allow development blocks to exceed the level of the escarpment;
                (d) why these same planning scheme amendments, by the direction of the Minister for Planning, can not be appealed;
                (e) why, when public consultation is still underway, has Government told the preferred consortia to submit development applications on the waterfront land, which is still owned by the Territory taxpayer, and financial close has not been reached;
                (f) did the preferred consortia meet all the tender requirements;

            And further in the public interest –

            Call on the Martin Government to publicly release the documentation and models of the waterfront development’s second and third ranked consortiums. (Paper 1571)

            Debate ensued.
            Paper tabled: The Member for Drysdale (Mr Dunham), by leave, laid on the Table the following Paper -
        Planning Notices, Central Darwin Planning Concepts and Land Use Objectives 1999, Central Darwin land Use Objectives 1996 and Central Darwin Planning Concepts and Development Opportunities – Darwin City Waterfront Planning Concepts (Paper 1572).

            Debate continued.
            Extension of time: On the motion of the Member for Araluen (Ms Carney) the Member for Drysdale (Mr Dunham) was granted an extension of time.
            Debate continued.
            Debate suspended.
            _____________
            Suspension of sittings: The sittings of the Assembly was suspended between 12.06pm and 2pm.
            _____________
        6. QUESTIONS:
            2.02pm Dr Lim to Mr Stirling.
            2.08pm Mr Kiely to Dr Burns.
            2.11pm Dr Lim to Mr Stirling.
            2.13pm Ms Lawrie to Mr Ah Kit.
            2.17pm Mr Burke to Mr Henderson.
            2.20pm Mrs Aagaard to Mr Henderson.
            2.22pm Mr Wood to Mr Ah Kit.
            2.26pm Mr Burke to Mr Henderson.
            2.30pm Mr McAdam to Dr Burns.
            2.33pm Mr Elferink to Dr Burns.
            2.37pm Mr McAdam to Mr Vatskalis.
            2.40pm Mr Elferink to Mr Ah Kit.
            2.43pm Mr Wood to Dr Burns.
            2.47pm Mr Bonson to Mr Stirling.
            2.52pm Ms Carney to Mr Ah Kit.
            2.55pm Ms Lawrie to Dr Toyne. (3.01pm)

            The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
        7. DARWIN CITY WATERFRONT PROJECT, DARWIN HARBOUR – PROPOSED CENSURE – MOTION NEGATIVED:
            The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Assembly censure the Chief Minister and the Martin Labor government over plans for the construction of the Darwin City Waterfront Development Project, pursuant to the terms proposed earlier this day.
            Debate resumed.
            Extension of time: On the motion of the Leader of Government Business (Mr Henderson) the Member for Nelson (Mr Wood) was granted an extension of time.
            Debate continued.
            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 and negatived.
        8. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 2004 (Serial 273):
            The Chief Minister (Ms Martin), pursuant to notice, presented a Bill for an Act to amend the Territory Parks and Wildlife Conservation Act consequent on the enactment of the Parks and Reserves (Framework for the Future) Act and to amend section 9 of the Parks and Reserves (Framework for the Future) Act.
            Bill read a first time.
            Ms Martin 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.
        9. CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS BILL 2004 (Serial 272):
            The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, presented a Bill for an Act to provide for long service leave and long service benefits for construction workers, and for related purposes.
            Bill read a first time.
            Mr Stirling 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.
        10. POLICE ADMINISTRATION AMENDMENT (POWERS AND LIABILITY) BILL 2004 (Serial 268):
            The Minister for Police, Fire and Emergency Services (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Police Administration Act and other legislation in relation to the powers and liability of members of the Police Force, and for other purposes.
            Bill read a first time.
            Mr Henderson moved – That the Bill be now read a second time.
            Debate ensued.
            On the motion of the Member for Brennan (Mr Burke) debate was adjourned.
        11. CRIMINAL CODE AMENDMENT BILL (No. 2) 2004 (Serial 262):
            The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
            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 Port Darwin (Ms Carter) debate was adjourned.
        12. BUILDING AMENDMENT BILL (No. 2) 2004 (Serial 274):
            The Minister for Transport and Infrastructure (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Building Act and for related purposes.
            Bill read a first time.
            Dr Burns moved – That the Bill be now read a second time.
            Debate ensued.
            On the motion of the Member for Port Darwin (Ms Carter) debate was adjourned.
        13. PLANNING AMENDMENT BILL 2004 (Serial 275):
            The Minister for Transport and Infrastructure (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Planning Act.
            Bill read a first time.
            Dr Burns moved – That the Bill be now read a second time.
            Debate ensued.
            On the motion of the Member for Port Darwin (Ms Carter) debate was adjourned.
        14. VOLATILE SUBSTANCE ABUSE PREVENTION BILL 2004 (Serial 270) and MISUSE OF DRUGS AMENDMENT BILL 2004 (Serial 271):
            Suspension of Standing Orders – Take two Bills together: The Minister for Family and Community Services (Ms Scrymgour) moved – That so much of the Standing Orders be suspended as would prevent Bills entitled – Volatile Substance Abuse Prevention Bill 2004 (Serial 270) and Misuse of Drugs Amendment Bill 2004 (Serial 271),
            (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 Scrymgour, pursuant to notice, presented a Bill for an Act to provide for the prevention of volatile substance abuse and the protection of individuals and communities from harm resulting from volatile substance abuse, and for related purposes; and a Bill for an Act to amend the Misuse of Drugs Act.
            Bills read a first time.
            Ms Scrymgour moved – That the Bills be now read a second time.
            Debate ensued.
            On the motion of the Member for Port Darwin (Ms Carter) debate was adjourned.
        15. PLACE NAMES AMENDMENT BILL 2004 (Serial 251):
            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 Lands and Planning (Dr Burns) the Bill was read a third time and passed to be a proposed law.
        16. PETROLEUM (SUBMERGED LANDS) AMENDMENT BILL 2004 (Serial 250):
            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 Justice and Attorney-General (Dr Toyne) the Bill was read a third time and passed to be a proposed law.

        17. PROFESSIONAL STANDARDS BILL 2004 (Serial 252):
            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 Employment, Education and Training (Mr Stirling) the Bill was read a third time and passed to be a proposed law.
        18. ASSESSMENT OF ORGANIZATIONAL EFFECTIVENESS, HUMAN RESOURCE AND MANAGEMENT SYSTEMS WITHIN THE DEET CENTRAL AUSTRALIAN OFFICE – REPORT NOTED:
            The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
            Debate resumed.
            Question – put and passed.
        19. NEXT MEETING:
            The Leader of Government Business (Mr Henderson) moved - That the Assembly at its rising adjourn until Tuesday 8th February 2005 at 10am or such other time and /or date as may be set by Madam Speaker, pursuant to Sessional Order.
            Question – put and passed.
        20. MATTER OF PUBLIC IMPORTANCE – PUBLIC HOUSING TENANTS, ALICE SPRINGS:
            The Speaker advised Members that the Member for Macdonnell (Mr Elferink) had proposed as a definite Matter of Public Importance for discussion this day –
                The current policy of the Northern Territory Government in using the Northern Territory Housing stock in a manner that is deleterious to the community of Alice Springs. Particularly placement practices that result in the destruction and damage of the Northern Territory Housing stock, the erosion of civil order in Alice Springs (particularly Larapinta area) and policies that erode the quiet enjoyment of other non public housing tenants in Alice Springs by placing inappropriate tenants in the housing stock.
            The Speaker called upon the Member for Macdonnell (Mr Elferink) to address the Assembly.
            Discussion ensued.
            Discussion concluded.
        21. ADJOURNMENT:
            The Minister for Police, Fire and Emergency Services (Mr Henderson) moved – That the Assembly do now adjourn.
            Debate ensued.
            Paper tabled: The Member for Macdonald (Mr Elferink), by leave, laid on the Table the following Paper -
        Pool Competition – Parliamentary Premiership League (Paper 1582).

            Debate continued.
            Question – put and passed.
            And the Assembly adjourned at 9.13pm, until Tuesday 8th February 2005 at 10am or such other time and /or date as may be set by Madam Speaker, pursuant to Sessional Order.
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            PAPERS:
            The following Papers were deemed to have been presented on Thursday 2 December 2004 –

            Annual Reports:
            AustralAsia Railway Corporation, 2003/2004 (Paper 1576)
            Department of Community Development, Sport and Cultural Affairs, 2003/2004 (Paper 1577)
            Department of Corporate and Information Services, 2003/2004 (Paper 1579)
            Department of Health and Community Services, 2003/2004 Corrigendum, page 165 (Paper 1580)
            Department of the Legislative Assembly, 2003/2004 (Paper 1578)
            Legal and Constitutional Affairs Committee, 2003/2004 (Paper 1581)

            By-Laws 2004:
            Amendment of Public Sector Employment and Management By-Laws 2004 (Paper 1575)
              Reports:
              Northern Territory Electoral Act, Report by the Augmented Redistribution Committee, 2004 Redistribution of Northern territory Electoral Divisions, pursuant to section148, Volume 1 Details and Maps of Divisions (Paper 1573)
              Northern Territory Electoral Act, Report by the Augmented Redistribution Committee, 2004 Redistribution of Northern Territory Electoral Divisions, pursuant to section148, Volume 2 Supporting Documentation (Paper 1574)
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              ATTENDANCE:
              All Members attended the sitting.


              Ian McNeill
              Clerk of the Legislative Assembly
          Last updated: 04 Aug 2016