Minutes of Proceedings - 2002-05-15
1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MINISTERIAL REPORTS:
Aged Care Nursing Home Accommodation: The Minister for Lands and Planning (Mr Vatskalis) reported on the availability of land for aged care nursing homes, accommodation and associated planning objectives.
Mr Baldwin responded thereto.
Mr Vatskalis responded accordingly.
Alice Springs to Darwin Railway – Track Laying: The Minister for the AustralAsia Railway (Mr Henderson) reported on the progress of construction to date and detail of quantity of track laid to date.
Papers tabled: The Minister for the AustralAsia Railway (Mr Henderson) laid on the Table the following Papers –
ADRail, awarded Procurement Packages, dated Tuesday 30 April 2002 (Paper 326); and
Ferguson River Bridge, photograph (Paper 325).
Mr Burke responded thereto.
Mr Wood responded thereto.
Mr Henderson responded accordingly.
Planning Land Use Objectives, Marrakai: The Minister for Lands and Planning (Mr Vatskalis) reported on the process of planning land use objectives in the Marrakai area.
Mr Baldwin responded thereto.
Mr Wood responded thereto.
Mr Vatskalis responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
4. MESSAGE FROM THE ADMINISTRATOR – SUPPLY BILL 2002/2003 (Serial 52):
The Speaker laid on the Table Message No. 5 from His Honour the Administrator recommending to the Assembly a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory in respect of the year ending 30 June 2003 (Paper 324).
5. SUPPLY BILL 2002/2003 (Serial 52):
The Treasurer (Ms Martin), pursuant to Standing Order 230, presented a Bill for an Act to make interim provision for the issuing and expending of public moneys of the Territory in respect of the year ending 30 June 2003, the subject of Message No. 5 of His Honour the Administrator read earlier this day.
Bill read a first time.
Ms Martin moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Deputy Leader of the Opposition (Mr Reed) debate was adjourned.
6. PUBLIC ORDER AND ANTI-SOCIAL CONDUCT ACT REPEAL BILL 2002 (Serial 50); MISUSE OF DRUGS AMENDMENT BILL 2002 (Serial 53); and MISUSE OF DRUGS (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 54):
Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent Bills entitled, Public Order and Anti-Social Conduct Act Repeal Bill 2002 (Serial 50); Misuse of Drugs Amendment Bill 2002 (Serial 53); and Misuse of Drugs (Consequential Amendments) Bill 2002 (Serial 54) –
(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 – there being an absolute majority of the whole number of Members present and no dissentient voice.
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to repeal the Public Order and Anti-Social Conduct Act 2001; a Bill for an Act to amend the Misuse of Drugs Act; and a Bill for an Act to amend various Acts consequential on the amendment of the Misuse of Drugs Act.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
7. CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) BILL 2002 (Serial 56); BAIL AMENDMENT BILL 2002 (Serial 57); and PAROLE OF PRISONERS AMENDMENT BILL 2002 (Serial 58):
Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent Bills entitled, Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Bill 2002 (Serial 56); Bail Amendment Bill 2002 (Serial 57); and Parole of Prisoners Amendment Bill 2002 (Serial 58) –
(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 – there being an absolute majority of the whole number of Members present and no dissentient voice.
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Code; a Bill for an Act to amend the Bail Act consequential on the enactment of the Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2002; and a Bill for an Act to amend the Parole of Prisoners Act consequential on the enactment of the Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2002.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
8. CRIMINAL RECORDS (SPENT CONVICTIONS) AMENDMENT BILL 2002 (Serial 49):
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Records (Spent Convictions) 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 Macdonnell (Mr Elferink) debate was adjourned.
9. WORK HEALTH AMENDMENT BILL 2002 (Serial 55):
The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
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 Blain (Mr Mills) debate was adjourned.
10. ANNUAL REPORT OF THE PUBLIC ACCOUNTS COMMITTEE FOR THE YEAR ENDED 30 JUNE 2001 – PAPER 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.
The following notices were given, by leave:
Ms Martin: To move - That this Assembly, on behalf of all Territorians, acknowledge East Timor’s gaining of independence and nationhood.
Dr Toyne: To present the Criminal Property Forfeiture Bill 2002 (Serial 60).
Dr Toyne: To present the Criminal Property Forfeiture (Consequential Amendments) Bill 2002 (Serial 61).
Dr Toyne: To present the Criminal Code Amendment (Witness Intimidation) Bill 2002 (Serial 48).
Dr Toyne: To present the Prisons (Correctional Services) Amendment Bill 2002 (Serial 51).
12. QUESTIONS:
2.03pm Mr Burke to Mrs Aagaard.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
2.08pm Ms Carter to Mrs Aagaard.
2.10pm Ms Lawrie to Mrs Aagaard.
2.14pm Mr Wood to Dr Toyne.
2.16pm Ms Carter to Mrs Aagaard.
2.20pm Mr McAdam to Mr Stirling.
2.26pm Mr Elferink to Mrs Aagaard.
2.27pm Mr Bonson to Mr Henderson.
2.33pm Dr Lim to Mrs Aagaard.
2.36pm Mr Kiely to Ms Martin.
2.40pm Mr Reed to Mrs Aagaard.
2.43pm Mr Wood to Mr Vatskalis.
2.46pm Mr McAdam to Mr Henderson.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Written Question Paper.
13. CENSURE OF MINISTER FOR HEALTH AND COMMUNITY SERVICES – MOTION NEGATIVED:
The Member for Drysdale (Mr Dunham) moved – That the Assembly censure the Minister for Health and Community Services (Mrs Aagaard) for her failure to properly manage the Health portfolio.
The Leader of Government Business (Mr Stirling) informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.
The Member for Drysdale (Mr Dunham) thereupon moved – That this Assembly censure the Minister for Health and Community Services (Mrs Aagaard) for –
1. her abject failure to understand or administer this most important of portfolios as is constantly revealed by her inability to answer questions put to her in this Chamber by Members and outside this Chamber by members of the media;
2. her inability to ensure that the Government’s policies are implemented by her Department as has been revealed by the Deputy Secretary of the Department of Health and Community Services;
3. her failure to take responsibility for the actions of her Department such as the cutbacks in services across the Territory; and
4. her total disregard for the concerns and welfare of both Territorians in need of health care and those who provide such care. (Paper 327)
Debate ensued.
Papers tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Papers –
Advertisement, Jane Aagaard Minister for Health and Community Services, Northern Territory News, dated 12 May 2002 (Paper 328); and
N T Government Projects at a glance, March 2002 (Paper 329).
Debate continued.
The Leader of Government Business (Mr Stirling) moved – That the question be now put – put and passed.
Question - 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
Mr Mills Mr McAdam
Mr Reed Ms Scrymgour
Mr Wood Mr Stirling
Dr Toyne
Mr Vatskalis
Motion negatived accordingly.
14. OMBUDSMAN ANNUAL REPORT 2000/2001 – 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.
15. NOVEMBER 2001 MINI-BUDGET MINISTERIAL STATEMENT – STATEMENT NOTED:
The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –
Debate resumed.
Question – put and passed.
16. PENALTIES AMENDMENT BILL 2002 (Serial 42) and INTERPRETATION AMENDMENT BILL 2002 (Serial 43):
The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time –
Debate ensued.
Bills read a second time.
Question - put and passed.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
17. TIMOR SEA GAS ONSHORE – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Chief Minister (Ms Martin) made a statement relating to ensuring Timor Sea gas being brought onshore for processing in Darwin. (Paper 330)
Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
18. ADJOURNMENT:
The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Arafura (Ms Scrymgour), by leave, laid on the Table the following Paper –
Batchelor Community College, list of graduates (Paper 331).
Debate continued.
Question – put and passed.
And the Assembly adjourned at 21.33pm until Thursday 16 May 2002 at 10am.
All Members attended the sittings.
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. MINISTERIAL REPORTS:
Aged Care Nursing Home Accommodation: The Minister for Lands and Planning (Mr Vatskalis) reported on the availability of land for aged care nursing homes, accommodation and associated planning objectives.
Mr Baldwin responded thereto.
Mr Vatskalis responded accordingly.
Alice Springs to Darwin Railway – Track Laying: The Minister for the AustralAsia Railway (Mr Henderson) reported on the progress of construction to date and detail of quantity of track laid to date.
Papers tabled: The Minister for the AustralAsia Railway (Mr Henderson) laid on the Table the following Papers –
ADRail, awarded Procurement Packages, dated Tuesday 30 April 2002 (Paper 326); and
Ferguson River Bridge, photograph (Paper 325).
Mr Burke responded thereto.
Mr Wood responded thereto.
Mr Henderson responded accordingly.
Planning Land Use Objectives, Marrakai: The Minister for Lands and Planning (Mr Vatskalis) reported on the process of planning land use objectives in the Marrakai area.
Mr Baldwin responded thereto.
Mr Wood responded thereto.
Mr Vatskalis responded accordingly.
Ministerial Reports noted, pursuant to Sessional Order.
4. MESSAGE FROM THE ADMINISTRATOR – SUPPLY BILL 2002/2003 (Serial 52):
The Speaker laid on the Table Message No. 5 from His Honour the Administrator recommending to the Assembly a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory in respect of the year ending 30 June 2003 (Paper 324).
5. SUPPLY BILL 2002/2003 (Serial 52):
The Treasurer (Ms Martin), pursuant to Standing Order 230, presented a Bill for an Act to make interim provision for the issuing and expending of public moneys of the Territory in respect of the year ending 30 June 2003, the subject of Message No. 5 of His Honour the Administrator read earlier this day.
Bill read a first time.
Ms Martin moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Deputy Leader of the Opposition (Mr Reed) debate was adjourned.
6. PUBLIC ORDER AND ANTI-SOCIAL CONDUCT ACT REPEAL BILL 2002 (Serial 50); MISUSE OF DRUGS AMENDMENT BILL 2002 (Serial 53); and MISUSE OF DRUGS (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 54):
Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent Bills entitled, Public Order and Anti-Social Conduct Act Repeal Bill 2002 (Serial 50); Misuse of Drugs Amendment Bill 2002 (Serial 53); and Misuse of Drugs (Consequential Amendments) Bill 2002 (Serial 54) –
(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 – there being an absolute majority of the whole number of Members present and no dissentient voice.
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to repeal the Public Order and Anti-Social Conduct Act 2001; a Bill for an Act to amend the Misuse of Drugs Act; and a Bill for an Act to amend various Acts consequential on the amendment of the Misuse of Drugs Act.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Goyder (Mr Maley) debate was adjourned.
7. CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) BILL 2002 (Serial 56); BAIL AMENDMENT BILL 2002 (Serial 57); and PAROLE OF PRISONERS AMENDMENT BILL 2002 (Serial 58):
Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne) moved – That so much of Standing Orders be suspended as would prevent Bills entitled, Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Bill 2002 (Serial 56); Bail Amendment Bill 2002 (Serial 57); and Parole of Prisoners Amendment Bill 2002 (Serial 58) –
(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 – there being an absolute majority of the whole number of Members present and no dissentient voice.
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Code; a Bill for an Act to amend the Bail Act consequential on the enactment of the Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2002; and a Bill for an Act to amend the Parole of Prisoners Act consequential on the enactment of the Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2002.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
8. CRIMINAL RECORDS (SPENT CONVICTIONS) AMENDMENT BILL 2002 (Serial 49):
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Criminal Records (Spent Convictions) 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 Macdonnell (Mr Elferink) debate was adjourned.
9. WORK HEALTH AMENDMENT BILL 2002 (Serial 55):
The Minister for Employment, Education and Training (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Work Health Act.
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 Blain (Mr Mills) debate was adjourned.
10. ANNUAL REPORT OF THE PUBLIC ACCOUNTS COMMITTEE FOR THE YEAR ENDED 30 JUNE 2001 – PAPER 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.
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Suspension of sitting: The sittings of the Assembly was suspended between 11.43am and 2pm.------------
11. NOTICES:The following notices were given, by leave:
Ms Martin: To move - That this Assembly, on behalf of all Territorians, acknowledge East Timor’s gaining of independence and nationhood.
Dr Toyne: To present the Criminal Property Forfeiture Bill 2002 (Serial 60).
Dr Toyne: To present the Criminal Property Forfeiture (Consequential Amendments) Bill 2002 (Serial 61).
Dr Toyne: To present the Criminal Code Amendment (Witness Intimidation) Bill 2002 (Serial 48).
Dr Toyne: To present the Prisons (Correctional Services) Amendment Bill 2002 (Serial 51).
12. QUESTIONS:
2.03pm Mr Burke to Mrs Aagaard.
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Visitors: The Speaker advised Members of the presence in the public galleries of Australian State Politics Students from the Northern Territory University accompanied by their lecturer Dr Bill Wilson. On behalf of all Members the Speaker extended a warm welcome to the visitors.
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2.04pm Dr Burns to Ms Martin.2.08pm Ms Carter to Mrs Aagaard.
2.10pm Ms Lawrie to Mrs Aagaard.
2.14pm Mr Wood to Dr Toyne.
2.16pm Ms Carter to Mrs Aagaard.
2.20pm Mr McAdam to Mr Stirling.
2.26pm Mr Elferink to Mrs Aagaard.
2.27pm Mr Bonson to Mr Henderson.
2.33pm Dr Lim to Mrs Aagaard.
2.36pm Mr Kiely to Ms Martin.
2.40pm Mr Reed to Mrs Aagaard.
2.43pm Mr Wood to Mr Vatskalis.
2.46pm Mr McAdam to Mr Henderson.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Written Question Paper.
13. CENSURE OF MINISTER FOR HEALTH AND COMMUNITY SERVICES – MOTION NEGATIVED:
The Member for Drysdale (Mr Dunham) moved – That the Assembly censure the Minister for Health and Community Services (Mrs Aagaard) for her failure to properly manage the Health portfolio.
The Leader of Government Business (Mr Stirling) informed the Assembly that the Government accepted the motion as a censure motion, pursuant to Standing Order 95.
The Member for Drysdale (Mr Dunham) thereupon moved – That this Assembly censure the Minister for Health and Community Services (Mrs Aagaard) for –
1. her abject failure to understand or administer this most important of portfolios as is constantly revealed by her inability to answer questions put to her in this Chamber by Members and outside this Chamber by members of the media;
2. her inability to ensure that the Government’s policies are implemented by her Department as has been revealed by the Deputy Secretary of the Department of Health and Community Services;
3. her failure to take responsibility for the actions of her Department such as the cutbacks in services across the Territory; and
4. her total disregard for the concerns and welfare of both Territorians in need of health care and those who provide such care. (Paper 327)
Debate ensued.
Papers tabled: The Member for Port Darwin (Ms Carter), by leave, laid on the Table the following Papers –
Advertisement, Jane Aagaard Minister for Health and Community Services, Northern Territory News, dated 12 May 2002 (Paper 328); and
N T Government Projects at a glance, March 2002 (Paper 329).
Debate continued.
The Leader of Government Business (Mr Stirling) moved – That the question be now put – put and passed.
Question - 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
Mr Mills Mr McAdam
Mr Reed Ms Scrymgour
Mr Wood Mr Stirling
Dr Toyne
Mr Vatskalis
Motion negatived accordingly.
14. OMBUDSMAN ANNUAL REPORT 2000/2001 – 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.
15. NOVEMBER 2001 MINI-BUDGET MINISTERIAL STATEMENT – STATEMENT NOTED:
The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –
Debate resumed.
Question – put and passed.
16. PENALTIES AMENDMENT BILL 2002 (Serial 42) and INTERPRETATION AMENDMENT BILL 2002 (Serial 43):
The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time –
Debate ensued.
Bills read a second time.
Question - put and passed.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bills were read a third time and passed to be proposed laws.
17. TIMOR SEA GAS ONSHORE – MINISTERIAL STATEMENT – STATEMENT NOTED:
The Chief Minister (Ms Martin) made a statement relating to ensuring Timor Sea gas being brought onshore for processing in Darwin. (Paper 330)
Ms Martin moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
18. ADJOURNMENT:
The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Arafura (Ms Scrymgour), by leave, laid on the Table the following Paper –
Batchelor Community College, list of graduates (Paper 331).
Debate continued.
Question – put and passed.
And the Assembly adjourned at 21.33pm until Thursday 16 May 2002 at 10am.
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ATTENDANCE:All Members attended the sittings.
Last updated: 04 Aug 2016