Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2009-11-24

    1. MEETING:
        The Assembly met at 9.30am, pursuant to resolution of the Assembly, dated 15 October 2009. The Speaker the Honourable J. L. Aagaard, took the Chair.

    2. PRAYERS.

    3. DISTINGUISHED VISITORS:
        The Speaker advised Members of the presence in the Speaker’s Gallery of the Alice Springs Chamber the following distinguished visitors:
    Mrs Patricia Miller, Deputy of the Administrator of the Northern Territory, representing the Administrator Mr Tom Pauling AO QC.

        On behalf of all honourable members, the Speaker extended a very warm welcome.
    Mr Justice Dean Mildren, representing the Chief Justice of the Northern Territory;
    His Worship the Mayor of Alice Springs, Mr Damien Ryan and Mrs Joanne Ryan;
    Mr Ted Egan AO, former Administrator of the Northern Territory and Ms Nerys Evans;
    Mr Brian Martin AO MBE, former Chief Justice of the Northern Territory; and
    Mr Harbangan Napitupulu, Consul for the Republic of Indonesia.
        Former members of the Legislative Assembly:

    Mrs Loraine Braham, former Member for Braitling and a former Speaker;
    Mr Neville Perkins, the former Member for Macdonnell;
    CEOs who have come from Darwin; and
    Statehood Steering Committee members, who have also been meeting in Alice Springs; thank you very much for coming.
        On behalf of all honourable members, the Speaker extended a warm welcome to the distinguished visitors.
    4. VISITORS:
        The Speaker acknowledged the following visitors in the galleries –
    Statehood Steering Committee members; and
    Braitling Primary School students from Year 3 and Year 4 accompanied by Ms Lyn Ansell.

    5. MESSAGE FROM ADMINISTRATOR No. 13:
    Message No. 13 - Assent to Proposed Laws

        I, Thomas Ian Pauling, AO QC 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:

        11 November 2009
          Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act (No. 2) 2009 (Act No 28 of 2009)
          Criminal Code Amendment (Bushfires) Act 2009 (Act No 29 of 2009)
          Hospital Boards Act 2009 (Act No 30 of 2009)
          Prisoners (Interstate Transfer) Amendment Act 2009 (Act No 31 of 2009)
          Serious Crime Control Act 2009 (Act No of 32 2009)

        Dated 16 November 2009.


        Thomas Ian Pauling, AO QC
        Administrator (Paper 590)
    6. EDUCATION AMENDMENT (NON-GOVERNMENT SCHOOLS) BILL 2009 (Serial 61):
        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.
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        Visitors: The Acting Deputy Speaker (Ms Scrymgour) acknowledged Braitling Primary School students Year 3/4 accompanied by their teachers Ms Lyn Ansell, Mr Chad Manning, who is a student teacher from the University of Newcastle, Ms Emma Cornock, a parent volunteer, and Mrs Alice de Brenni, parent volunteer.

        On behalf of all Members Ms Scrymgour welcomed them to the Alice Springs sittings.
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        Debate continued.
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        Visitors: The Speaker acknowledged the Larapinta Primary School Year 5/6 students accompanied by Ms Annie Lewis, Mr Peter Andrews, and Mrs Candy Kerr.

        On behalf of all honourable Members the Speaker extended a very warm welcome.
        _________________

        Debate continued.
        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 Chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
    7. VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT BILL 2009 (Serial 71):
        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.
        _________________

        Distinguished Visitors: The Speaker acknowledged the presence in the galleries of Mrs Dawn McCarthy, the wife of the Minister for Transport; and Alex Aagaard, son of the Speaker who now resides in Alice Springs.

        On behalf of all honourable Members the Speaker extended a very warm welcome.
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        Debate continued.
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        Visitors: The Speaker acknowledged the presence in the galleries of Alice Springs High School students Year 9/2 class, with teachers, Mrs Marg McHughes and Miss Sarah Edwards, together with Inclusion Support Assistants, Ms Davina Edwards and Mr Charlie Larkins.

        On behalf of all honourable Members the Speaker extended a very warm welcome.
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        Debate continued.
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        Visitors: The Speaker acknowledged the presence in the galleries of three participants from Steps Employment and Training, together with their trainer, Mr Duncan Rae.

        On behalf of all honourable Members the Speaker extended a very warm welcome.
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        Debate continued.
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        Visitors: The Speaker acknowledged the presence in the galleries of Alcoota School middle years classes with teachers, Mr Vern Hardie (the Teaching Principal) and Assistant Teacher, Ms Mill Savage, and daughter, Yaz Hardie.

        On behalf of all honourable Members the Speaker extended a very warm welcome.
        _________________

        Debate continued.
        Question – put and passed.
        Bill read a second time.
        The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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        In Committee
        (Deputy Speaker and Chair of Committees Ms Walker in the Chair)

        Bill, by leave, taken as a whole.
        Debate ensued.
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        Visitors: The Chair acknowledged the presence in the galleries of St Philip’s College Year 9 students accompanied by Ms Kate Bennett and Mrs Leslie Tilbrook.

        On behalf of all honourable Members the Chair extended a very warm welcome.
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        Debate continued.
        Debate suspended.
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        Suspension of sittings: The sittings of the Assembly was suspended between 12 Noon and 1.30pm.
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    8. NOTICES:
        The following Notices were given:
        Mr Henderson: To present the Teacher Registration (Northern Territory) Amendment Bill 2009 (Serial 78).
          Mr Mills: To present the Criminal Code Amendment (Mandatory Sentences for Certain Assaults) Bill 2009 (Serial 87).

          Ms Lawrie: To present the Sale of Land (Rights and Duties of Parties) Bill 2009 (Serial 82).

          Ms Lawrie: To present the Residential Tenancies Amendment Bill 2009 (Serial 84).

          Ms Lawrie: To present the Supreme Court Amendment (Mediation) Bill 2009 (Serial 63).

          Ms Lawrie: To present the Trade Measurement Legislation Repeal Bill 2009 (Serial 81).

          Ms Lawrie: To present the Payroll Tax Amendment Bill 2009 (Serial 72).

          Ms Lawrie: To present the Mining Amendment Bill 2009 (Serial 60).

          Ms Carney: To move – an amendment to General Business Notices, Item No. 3 by Omitting all words after “That the Territory Government” and insert in their stead –
      (a) An immediate investigation be undertaken regarding the traffic congestion and safety matters at the intersection of Lovegrove Drive and Larapinta Drive and, that such an investigation is to provide options as to which of the following is the optimum solution to the current problem:
      a. A roundabout
      b. Traffic lights
      c. Traffic lights with a seagull lane
      d. Widening of the intersection to enable both left and right hand turn lanes to be clearly delineated;
      (b) The investigation should take into account the views of local stakeholders such as the local council and should also take into account the view of local members that the preferable option is a roundabout;
      (c) That the investigation be completed by the relevant Government Department and reported to the February 2010 sittings;
        (d) That work on whatever option is agreed to is to commence by April 2010 and be completed by June 2010; and
          (e) Note that failure to construct a roundabout will continue to see local motorists exposed to unnecessary danger, with the potential of serious injury and or loss of life.
                Ms Carney: To present the Care and Protection of Children (Investigative Powers) Bill 2009 (Serial 85).

                Mr Vatskalis: To present the Health Practitioner Regulation (National Uniform Legislation) Bill 2009 (Serial 76).

                Mr Conlan: To present the Health and Community Services Complaints Amendment (Further Investigations) Bill 2009 (Serial 88).

                Mr Hampton: To present the Environment Protection Authority Amendment Bill 2009 (Serial 80).

                Mr Styles: To move – That –
                        1. The Parliament fully support the ban on indoor smoking in pubs and clubs.
                        2. This parliament recognises that following the announcement of the ban on smoking in pubs and clubs by the NT Government there has been a lack of certainty provided to the industry in respect to the establishment of guidelines for the implementation of the ban; and
                        3. The Assembly calls on the Northern Territory government to put in place a transition period for the implementation of the indoor smoking bans by moving the commencement of the total ban date 6 months after either the release date of the guidelines or 2 January 2010 whichever is later.
                Mr Mills: To present the Police Administration Amendment (Grievances) Bill 2009 (Serial 86).

                Mr Bohlin: To present the Information Amendment (Fees) Bill 2009 (Serial 83).

                Mr McCarthy: To present the Rail Safety Bill 2009 (Serial 79).
            9. QUESTIONS:
                1.40pm Mr Mills to Mr Henderson.
                1.45pm Mr Gunner to Mr Henderson.
                1.50pm Mr Mills to Mr Henderson.
                1.55pm Ms Scrymgour to Mr Henderson.
                2.02pm Mr Conlan to Mr Henderson.
                2.10pm Ms Anderson to Mr Henderson.
                2.12pm Mr Conlan to Mr Henderson.
                2.17pm Ms Walker to Ms McCarthy.
                2.22pm Ms Carney to Ms McCarthy.
                2.27pm Mr Wood to Mr McCarthy.
                2.30pm Mr Gunner to Mr Hampton.
                2.35pm Ms Carney to Ms McCarthy.
                2.39pm Ms Scrymgour to Mr Vatskalis.

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

            10. VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT BILL 2009 (Serial 71):
                The Order of the Day having been read for the further consideration of the Bill in Committee of the Whole –
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                In Committee

                (Deputy Speaker and Chair of Committees Ms Walker in the Chair)

                Bill, by leave, taken as a whole.
                Debate resumed.
                Papers tabled: Mr Vatskalis laid on the Table the following Papers –
            Volatile Substance Abuse Prevention - Authorised Person Training Program Outline – Policy and Practice Guidelines (Paper 602).

                Debate continued.
                Bill, as printed, agreed to.
                Bill to be reported without amendment
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                The Assembly resumed; the Speaker took the Chair; and the Deputy Speaker and Chair of Committees (Ms Walker) reported that the Committee had agreed to the Bill without amendment.
                And the Report was adopted.
                The Minister for Health (Mr Vatskalis) moved – That the Bill be now read a third time.
                Debate ensued.
                Question – put and passed.
                The Bill was read a third time and passed to be a proposed law.
            11. CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS AMENDMENT BILL 2009 (Serial 58):
                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 Treasurer (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
            12. EDUCATION AMENDMENT (YOUTH PARTICIPATION) BILL 2009 (Serial 59):
                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.
                The Leader of Government Business (Dr Burns) moved – That the Committee stage of the Bill be later taken.
                Question – put and passed.
            13. STANDING ORDERS COMMITTEE – THIRD REPORT OF THE 11TH ASSEMBLY – PAPER TABLED - MOTION TO NOTE REPORT:
                The Speaker laid on the Table the Standing Orders Committee’s Third Report of the 11th Assembly on the Committee reference, dated 18 August 2009; questions, time limits, processes and Estimates. (Paper 603)
                The Chairman of the Standing Orders Committee (Dr Burns) moved – That the Assembly take note of the Report and that leave be granted to continue my remarks at a later hour.
            14. EDUCATION AMENDMENT (YOUTH PARTICIPATION) BILL 2009 (Serial 59):
                The Order of the Day having been read for the consideration of the Bill in Committee of the Whole –
                The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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                In Committee

                (Deputy Speaker and Chair of Committees Ms Walker)

                Clauses 1 to 5, by leave, taken together and agreed to.
                New Clause 5A.
                The Leader of the Opposition (Mr Mills) moved – That the following New Clause 5A be inserted in the Bill.
                        After clause 5

                        insert

                        5A Amendment of section 22 (Compulsory attendance)

                        Section 22(5)

                        omit, substitute

                        (5) The court that finds a parent or the parents of a child guilty of an offence against subsection (3) must refer the parent or parents to an appropriate Agency within the meaning of the Youth Justice Act for consideration for entering into a family responsibility agreement under that Act in relation to the child.

                Debate ensued.
                Debate suspended.

            15. ADJOURNMENT:
                The Speaker, pursuant to resolution of the Assembly dated 15 October 2009, at 8.30pm proposed the question - That the Assembly do now adjourn.
                Debate ensued.
                And the Assembly adjourned at 9.47pm until Wednesday, 25 November 2009 at 9.30am, Alice Springs.
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                PAPERS:
                The following Papers were deemed to have been presented on 24 November 2009 –
                  Addendum of Annual Report
                  Department of Justice, 2008/2009, Addendum (Reference to Paper 559 tabled on 20 October 2009)

                  Annual Reports
                  Commissioner of Consumer Affairs, 2008/2009 (Paper 592)
                  Department of Justice, Report to the Minister for Racing, Gaming and Licensing, 2008/2009 (Paper 601)
                  Northern Territory Electoral Commission, 2008/2009 (Paper 600)
                  Northern Territory Grants Commission, 2008/2009 (Paper 598)
                  Tarcoola-Darwin Rail Regulation, 2008/2009 (Paper 597)

                  Coroners Act
                  In the matter of Deputy Coroner’s Findings and Recommendation into the death of Richard John Everett, pursuant to section 46B, dated 3 November 2009 (Paper 593)
                  In the matter of the Coroner’s Findings and Recommendations into the deaths of Mr David Gurralpa also known as Moscow and Mr Robert Plasto-Lehner, pursuant to section 46B, dated 3 November 2009 (Paper 594)
                  In the matter of the Coroner’s Findings and Recommendations into the deaths of Andras Polyak, pursuant to section 46B (Paper 595)

                  Regulations 2009
                  No. 33, Cross-border Justice Regulations (Paper 599)
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                  ATTENDANCE:
                  All Members attended the sittings.
            Last updated: 04 Aug 2016