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Minutes of Proceedings - 2010-02-16

    1. MEETING:
        The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 26 November 2009. The Speaker, the Honourable J. L. Aagaard, took the Chair.

    2. PRAYERS.

    3. MESSAGE FROM THE ADMINISTRATOR:
        Message No. 14
        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:

        9 December 2009
        Education Amendment (Non-Government Schools) Act (Act No 33 of 2009)
        Education Amendment (Youth Participation) Act 2009 (Act No 34 of 2009)

        15 December 2009
        Construction Industry Long Service Leave and Benefits Amendment Act 2009 (Act No 40 of 2009)
        Fire and Emergency Legislation Amendment Act 2009 (Act No 39 of 2009)
        Local Government Grants Commission Amendment Act 2009 (Act No 36 of 2009)
        Racing and Betting Amendment Act 2009 (Act No 38of 2009)
        Revenue Units Act 2009 (Act No 35 of 2009)
        Volatile Substance Abuse Prevention Amendment Act 2009 (Act No 37 of 2009)

        29 December 2009
        Justice Legislation (Penalties) Amendment Act 2009 (Act No 41 of 2009)

        Dated 2nd day of February 2010.


        Thomas Ian Pauling, AO QC
        Administrator (Paper 644)
    4. ADMINISTRATIVE ARRANGEMENTS OF GOVERNMENT – PAPER TABLED:
        The Chief Minister (Mr Henderson), by leave, laid on the Table the Administrative Arrangements effective from 9 February 2010 made by his Honour the Administrator as a result of those ministerial changes promulgated on 4 December 2009 – Gazette S6, dated 9 February 2010. (Paper 645)

        The Ministers and Ministerial Offices are as follows:

        PAUL RAYMOND HENDERSON - Chief Minister; Minister for Police, Fire and Emergency Services; Minister for Major Projects and Economic Development; Minister for Multicultural Affairs; and Minister for Defence Liaison.

        DELIA PHOEBE LAWRIE - Deputy Chief Minister; Treasurer; Minister for Justice and Attorney-General; Minister for Racing, Gaming and Licensing; and Minister for Alcohol Policy.

        CHRISTOPHER BRUCE BURNS - Leader of Government Business; Minister for Education and Training; Minister for Public and Affordable Housing; and Minister for Public Employment.

        KONSTANTINE VATSKALIS - Minister for Health; Minister for Children and Families; Minister for Child Protection; Minister for Primary Industry, Fisheries and Resources;

        DANIEL ROBERT KNIGHT - Minister for Business and Employment; Minister for Trade; Minister for Asian Relations; Minister for Essential Services; Minister for Defence Support; Minister for Senior Territorians; Minister for Young Territorians.

        MALARNDIRRI BARBARA ANNE MCCARTHY - Minister for Local Government; Minister for Regional Development; Minister for Indigenous Development; Minister for Tourism; Minister for Women’s Policy; and Minister for Statehood.

        KARL RIO HAMPTON - Minister for Natural Resources, Environment, and Heritage; Minister for Parks and Wildlife; Minister for Climate Change; Minister for Sport and Recreation; Minister for Information Communications and Technology Policy; and Minister for Central Australia.

        GERALD FRANCIS MCCARTHY - Minister for Lands and Planning; Minister for Transport; Minister for Construction; Minister for Correctional Services; and Minister for Arts and Museums.
    5. PUBLIC ACCOUNTS COMMITTEE – ALTERATION TO MEMBERSHIP:
        The Chief Minister (Mr Henderson), by leave, moved – That:
            (a) The Member for Johnston (Dr Burns), be discharged from service on the Public Accounts Committee; and

            (b) the Member for Arafura (Ms Scrymgour) be appointed to serve on the Public Accounts Committee.
            Question – put and passed.
    6. TERRITORY INSURANCE OFFICE, FIRE BOMBING OF PREMISES – MOTION AGREED TO:
        The Chief Minister (Mr Henderson), by leave, moved – That this Assembly -
            (a) express its sorrow for those who were injured and affected by this tragic event;

            (b) tender its profound sympathy to the family and friends of those employees and customers unwittingly caught up in this act; and

            (c) express the Assembly’s appreciation to police, fire and ambulance services and members of the public who unselfishly provided first assistance to the injured.

        Debate ensued.
        _________________

        Visitors: The Speaker advised Members of the presence in the public galleries of –
    Holy Spirit School, Year 5/6 students accompanied by Ms Bernadette Morriss (Principal), Ms Ruth Egner (Teacher), Mr Doug Bon (Teacher); and
      Moil Primary School Year 3/4/5 students accompanied by Mrs Rosita Kandiah and Mr Damon Feng.

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

          Debate continued.
          Question – put and passed.
      7. PETITIONS:
          Responses to Petitions: The Clerk, pursuant to Standing Order 100A tabled responses to Petitions Nos. 24, 27 and 28 relating to respectively: Independence of the Northern Territory Environmental Protection Authority (EPA), Emergency Transitional Housing facility, and noise barrier along Tiger Brennan Drive and Woolner (Paper 646).
      8. PUBLIC INFORMATION BILL 2010 (Serial 77):
          The Chief Minister (Mr Henderson), pursuant to notice, presented a Bill for an Act to provide for the review of public information.
          Bill read a first time.
          Ms Lawrie moved – That the Bill be now read a second time.
          Debate ensued.
          Paper tabled: Mr Henderson laid on the Table the following Paper –
      Explanatory Statement, Public Information Bill 2010 (Paper 647).

          On the motion of the Member for Blain (Mr Mills) debate was adjourned.

      9. PAYROLL TAX AMENDMENT BILL 2009 (Serial 72):
          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.
      10. LEAVE OF ABSENCE, MEMBER FOR ARALUEN – MOTION AGREED TO:
          The Member for Port Darwin (Mr Elferink) moved – That leave of absence be granted to the Member for Araluen (Ms Carney) for this sittings week, 16 to 18 February 2010.
          Question – put and passed.

      11. TERRITORY 2030 STRATEGIC PLAN – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
          The Chief Minister (Mr Henderson) made a statement relating to the development of a Strategic Plan for the Territory in 2030.
          Mr Henderson moved – That the Assembly take note of the Statement.
          Debate ensued.
          Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Karama (Ms Lawrie) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          Debate suspended.
          __________________

          Suspension of sittings: The sittings of the Assembly was suspended between 12.09pm and 2pm.
          __________________
      12. NOTICES:
          The following Notices were given:

          Mr Elferink: To move - That:
                  1. Under section 4A of the Inquiries Act the Legislative Assembly establishes an inquiry to look specifically at the role and influence of the Territory Government on the Power and Water Authority, the performance of management of Power and Water, the management structure, the organisational culture and the financial position and future financial needs of Power and Water.

                  2. The inquiry is to report not later than 1st July 2010 and shall have a Chairman and Board as appointed by the Administrator following advice and agreement from the Chief Minister and Leader of Opposition within 14 days of this motion being passed in the Assembly.

          Ms Lawrie: To present the Petroleum Amendment and Related Matters Bill 2010 (Serial 91).
      13. LEAVE OF ABSENCE, MEMBER FOR ARAFURA – MOTION AGREED TO:
          The Leader of Government Business (Dr Burns) moved – That leave of absence be granted to the Member for Arafura (Ms Scrymgour) for today 16 February 2010.
          Question – put and passed.
      14. PAIRS:
          The Speaker (Mrs Aagaard) laid on the Table a document relating to Pairs for today as follows:

          16 February 2010: Ms Scrymgour
                      Ms Carney
      15. STATEMENT BY SPEAKER – QUESTIONS, NEW REGIME:
          The Speaker advised Members of the change in procedure to deal with the giving and responding to questions.
      16. QUESTIONS:
          2.03pm Mr Mills to Mr Henderson.
          Paper tabled: The Leader of the Opposition, (Mr Mills), by leave, laid on the Table the following Paper –
      Media Release by Chief Minister (Mr Henderson), dated 30 January 2009 re Territory Leads the Country in Education Investment (Paper 648).

          2.06pm Mr Gunner to Mr Henderson.
          2.09pm Mr Mills to Mr Henderson.
          2.14pm Ms Walker to Ms Lawrie.
          2.17pm Mr Mills to Mr Henderson.
          2.20pm Mr Wood to Ms Lawrie.
          2.22pm Mr Mills to Mr Henderson.
          2.26pm Mr Gunner to Dr Burns.
          2.30pm Mr Mills to Mr Henderson.
          2.33pm Mr Wood to Dr Burns.
          2.35pm Mr Gunner to Mr Henderson.
          2.37pm Mr Mills to Mr Henderson.
          2.41pm Ms Walker to Mr Hampton
          2.45pm Mr Wood to Mr Hampton.
          2.48pm Mr Mills to Mr Henderson.
          2.52pm Ms Walker to Ms McCarthy.
          2.54pm Mr Mills to Mr Henderson.
          2.57pm Mr Mills to Mr Henderson – supplementary question.
          2.57pm Mr Gunner to Mr McCarthy.
          2.59pm Mr Mills to Mr Henderson.

          Suspension of Standing Orders: And 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 Minister for Education and Training in regard to educational achievement standards of Territory students.

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

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

      17. CENSURE OF CHIEF MINISTER; AND MINISTER FOR EDUCATION AND TRAINING – MOTION NEGATIVED:
          The Leader of the Opposition (Mr Mills) moved – That the Legislative Assembly censure the Chief Minister and the Minister for Education and Training for:

          (a) failing to uphold their 2001 election promise to make education their highest priority;

          (b) continuing to fail to invest the necessary resources into the education portfolio;

          (c) lying to Territorians about the state of education standards and the causes of these lower standards;

          (d) failing to set a timetable for action with a measurable target of improvement in basic education standards in the Territory;

          (e) attempting to mislead Territorians in respect to actions and policies set down by the Opposition, while offering no actions to address one of the most profoundly important issues in the Territory, namely the worst educational outcomes in the Nation; and

          (f) failing to have the decency to provide schools and teachers with the resources they so desperately need to lift literacy and numeracy standards in the Territory.

          Debate ensued.
          Extension of time: On the motion of the Member for Greatorex (Mr Conlan) the Member for Brennan (Mr Chandler) was granted an extension of time, pursuant to Standing Order 77.

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

          AYES, 10 NOES, 11

          Mr Bohlin Mrs Aagaard
          Mr Chandler Dr Burns
          Mr Conlan Mr Gunner
          Mr Elferink Mr Hampton
          Mr Giles Mr Henderson
          Mr Mills Mr Knight
          Ms Purick Ms Lawrie
          Mr Styles Ms McCarthy
          Mr Tollner Mr McCarthy
          Mr Westra van Holthe Mr Vatskalis
          Ms Walker

          Tellers: Mr Gunner, Government Whip
                  Mr Elferink, Acting Opposition Whip

          Motion negatived accordingly.
      18. REMUNERATION TRIBUNAL DETERMINATION No. 1 2009 – MEMBERS’ OVERSEAS TRAVEL REPORTS - PAPERS TABLED:
          The Speaker laid on the Table the following Reports on overseas travel pursuant to paragraph 4.2 of the Remuneration Tribunal Determination No. 1 of 2009:
      Speaker’s report on NT Parliamentarians visit to Timor Leste (Paper 673);
      Member for Nelson (Mr Wood) - Report on NT Parliamentarians visit to Timor Leste (Paper 672);
      Member for Nhulunbuy (Ms Walker) - Report on NT Parliamentarians visit to Timor Leste (Paper 670);
      Member for Goyder (Ms Purick) - Report on the 18th Australian and Pacific Regional Seminar (Paper 671); and
      Member for Braitling (Mr Giles) - Report on the 4th International Parliamentary Governance Seminar (Paper 674).

      19. TERRITORY 2030 STRATEGIC PLAN – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
          The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Assembly take note of the Statement –
          Debate resumed.
          Extension of time: On the motion of the Member for Greatorex (Mr Conlan) the Member for Johnston (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued
          Extension of time: On the motion of the Member for Katherine (Mr Westra van Holthe) the Member for Daly (Mr Knight) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          Extension of time: On the motion of the Member for Fannie Bay (Mr Gunner) the Member for Nelson (Mr Wood) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          Extension of time: On the motion of the Member for Nhulunbuy (Ms Walker) the Member for Arnhem (Ms McCarthy) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          Quorum: The Member for Braitling (Mr Giles) drew the Speaker’s attention to the state of the Assembly.
          Bells having been rung and a quorum having been obtained.
          The Assembly resumed.
          Debate continued.
          Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Drysdale (Mr Bohlin) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Nhulunbuy (Ms Walker) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          And the time for the automatic adjournment of the Assembly having occurred, pursuant to Standing Order 41A, debate was adjourned.
      20. ADJOURNMENT, Automatic:
          The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
          Debate ensued.
          Paper tabled: The Member for Port Darwin (Mr Elferink), by leave, laid on the Table the following Paper –
      Port Darwin Schools Christmas Card Competition, Winner (Paper 675); and
      Port Darwin Schools Christmas Card Competition, Entries (Paper 676).

          Debate continued.
          Paper tabled: The Member for Braitling (Mr Giles), by leave, laid on the Table the following Paper –
      Anzac Hill High School, 23 years of learning – Over the Hill 2009 (Paper 677); and
      ANZAC ON Parade 2009 (Paper 678).

          Debate continued.
          And the Assembly adjourned at 10.22pm until Wednesday 17 February 2010 at 10am.
          ________________

          PAPERS:
          The following Papers were deemed to have been presented on Tuesday 16 February 2010 -

          Annual Report
          Northern Territory Legal Aid Commission, 2008/2009 (Paper 665)

          Coroner’s Act
          In the matter of coroner’s Findings and Recommendations into the death of Declan Brian McConville, pursuant to section 46B, dated 15 January 2010 (Paper 659)
          In the matter of Coroner’s Findings and Recommendations into the death of Kunmanara Forbes, pursuant to section 46B, dated 2 December 2009, (Paper 660)
          In the matter of Coroner’s Findings and Recommendations into the death of Frances McKechnie, pursuant to section 46B, dated 11 December 2009 (Paper 661)
          In the matter of Coroner’s Findings and Recommendations into the death of Kenneth William Hill, pursuant to section 46B, dated 2 December 2009 (Paper 662)
          In the matter of Coroner’s Findings and Recommendations into the death of John Edward May, pursuant to section 46B, dated 28 January 2010 (Paper 663)

          Liquor Act
          Declaration of the Special Restricted Area Town of Maranunga, pursuant to section 101AD, dated 29 January 2010 (Paper 667)
          Declaration of Special Restricted Areas, Lots 4367/6185/6186/4886/4888/9077/4959/4664/6960, pursuant to section 101AD, dated 2 February 2010 (Paper 668)

          Professional Standards Act 1994
          Australian Computer Society Limited Liability (NSW) Scheme – Adoption of Scheme in the Northern Territory (Paper 666)

          Regulations 2009
          No. 34, Fees and Charges Amendment (Paper 650)
          No. 35, Education (Non-Government Schools) (Paper 651)
          No. 36, Darwin Waterfront Corporation (Paper 652)
          No. 37, Volatile Substance Abuse Prevention Amendment (Paper 653)
          No. 38, Fisheries Amendment (Possession Limits) (Paper 654)
          No. 39, Corporations Law Amendment Rules (Paper 655)
          No. 40, Tobacco Control Amendment (Paper 656)
          No. 41, Spanish Mackerel Fishery Management Plan Amendment (Paper 657)

          Regulations 2010
          No. 1, Barramundi Fishery Management Plan (Paper 658)

          Remuneration Tribunal
          Remuneration Tribunal Report on the Entitlements of Magistrates and Determination No. 1 of 2009 (Paper 669)

          Surveillance Devices Act
          OmbudsmanNT Report to the Honourable Paul Henderson MLA, Minister for Police, Fire and Emergency Services and to the Legislative Assembly, pursuant to section 64(1) of the Surveillance Devices Act 2007 (Northern Territory), for period 1 July 2009 to 31 December 2009 (Paper 664)
      _________________
          ATTENDANCE:
          All Members attended the sittings except Ms Carney and Ms Scrymgour, on leave.
    Last updated: 04 Aug 2016
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