Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2014-08-21

1. MEETING
The Assembly met at 10am. The Speaker, the Honourable Kezia Purick took the Chair.
    2. PRAYERS
      3. LEAVE OF ABSENCE – AGREED TO
      Ms Lawrie (Member for Karama) moved – That a leave of absence for today be granted to Ms Natasha Fyles (Member for Fannie Bay) on account of personal reasons.

          Motion agreed to.
      4. VISITORS
          The Speaker advised Honourable Members of the presence in the gallery of Year 5 classes from St Joseph's Catholic College accompanied by Brad Henry, Elyse Borlini, Kylie Biddle, and Elizabeth Campbell.

          On behalf of all Members the Speaker extended a warm welcome to the visitors.
      5. QUESTIONS
          10.03 Ms Lawrie to Chief Minister
          10.06 Ms Lawrie to Chief Minister (supplementary question from Ms Lawrie)
          10.09 Mrs Finocchiaro to Chief Minister
          10.11 Mr Vowles to Chief Minister
          10.15 Mr Barrett to Minister for Transport
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          Visitors: The Speaker advised Honourable Members of the presence in the gallery of a Year 2/3 and Year 4/5 classes from Holy Family Catholic Primary School including Zac Pigot Lawrie accompanied by Rachael Joyce and Diane Stall.

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

          10.19 Mr McCarthy to Chief Minister
          10.21 Mrs Finocchiaro to Minister for Art and Museums
          10.24 Mr Wood to Minister for Infrastructure
          10.28 Ms Fyles to Chief Minister (referred to Attorney-General and Minister for Justice)
          10.32 Mr Higgins to Minister for Lands, Planning and the Environment
          10.36 Mr Vowles to Chief Minister
          10.39 Ms Lee to Minister for Infrastructure
          10.44 Mr Barrett to Minister for Public Employment
          10.47 Mr Vowles to Chief Minister
          10.51 Mr Higgins to Minister for Health
          10.55 Ms Lawrie to Chief Minister

          Mr Elferink (Leader of Government Business) asked that further questions be placed on the Written Question Paper.
      6. Land Development Corporation Amendment Bill 2014 (Serial 90)
          Mr Giles (Chief Minister), pursuant to notice, presented a Bill for an Act to amend the Land Development Corporation Act.

          Bill read a first time.

          Mr Giles moved - That the Bill be now read a second time.

          Debate ensued.

          Paper Tabled: Mr Giles laid upon the Table the Explanatory Statement (Paper 987).

          On the motion of Mr Vowles (Member for Johnston) debate was adjourned.
      7. Centenary Year of the Red Cross in Australia
          Mr Giles (Chief Minister) pursuant to notice, moved – That Parliament notes that:

          2014 is the Centenary year of Red Cross in Australia, a significant milestone in the social history of the nation commemorating 100 years of humanitarian service to the people of Australia and the Northern Territory;

          Most Australians have shared a personal connection with the Red Cross - from its humanitarian role during two World Wars, to preparing, responding to and recovering from natural disasters, or helping vulnerable people and communities overcome disadvantage, and through its world-class national Blood Service;

          For 100 years Australian Red Cross has enjoyed a unique auxiliary status amongst the public authorities in the humanitarian field; working in partnership with governments of all political persuasions, in Australia and internationally, to alleviate suffering in a voluntary aid capacity whilst adhering to its principles of independence, neutrality and impartiality; and

          Australian Red Cross is part of the world's largest humanitarian movement, with tens of millions of volunteers working in 189 countries. They are united by the fundamental principle of preventing and alleviating human suffering, without discrimination, wherever it may be found in times of war, conflict, disaster or personal crisis.

          Debate ensued.

          Debate suspended.
          _________________


          Suspension of sittings: The sitting of the Assembly was suspended between 12 noon and 2.00pm.

          _________________
      8. VISITORS
          The Speaker advised Honourable Members of the presence in the gallery of Hon Robert Tickner, Chief Executive Officer and former Member for Hughes, and Sandra Cannon, Executive Director Northern Territory of Red Cross Australia.

          On behalf of all Members the Speaker extended a warm welcome to the visitors.
      9. Centenary Year of the Red Cross in Australia – MOTION AGREED TO
          Resumption of debate on the question – That Parliament notes that:

          2014 is the Centenary year of Red Cross in Australia, a significant milestone in the social history of the nation commemorating 100 years of humanitarian service to the people of Australia and the Northern Territory;

          Most Australians have shared a personal connection with the Red Cross - from its humanitarian role during two World Wars, to preparing, responding to and recovering from natural disasters, or helping vulnerable people and communities overcome disadvantage, and through its world-class national Blood Service;

          For 100 years Australian Red Cross has enjoyed a unique auxiliary status amongst the public authorities in the humanitarian field; working in partnership with governments of all political persuasions, in Australia and internationally, to alleviate suffering in a voluntary aid capacity whilst adhering to its principles of independence, neutrality and impartiality; and

          Australian Red Cross is part of the world's largest humanitarian movement, with tens of millions of volunteers working in 189 countries. They are united by the fundamental principle of preventing and alleviating human suffering, without discrimination, wherever it may be found in times of war, conflict, disaster or personal crisis.

          Debate resumed.

          Extension of Time: On the motion of Mrs Finocchiaro (Member for Drysdale), Mr Styles (Member for Sanderson) was granted an extension of time.

          Debate continued.

          Question – put and passed.
      10. Northern Territory Civil and Administrative Tribunal Bill 2014 (Serial 77) – BILL AGREED TO
          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 Assembly resolved itself into Committee of the Whole for consideration of the Bill in detail.
          _________________

          In Committee

          Mr Higgins (Chair of Committees) took the Chair.

          Clauses 1 to 12 taken together and agreed to.

          Clause 13 read.

          Mr Elferink (Attorney-General) moved the following amendment to clause 13 -
            Clause 13(3)
              omit, insert

              (3) The appointment of a magistrate as the President does not affect the magistrate's tenure of office or status as a magistrate.

              (3A) The President is entitled to the same salary and allowances as the Deputy Chief Magistrate.

            Amendment agreed to.

            Clause 13 as amended agreed to.

            Clauses 14 to 52 taken together and agreed to.

            Clause 53 read.

            Mr Elferink moved the following amendment to clause 53 -
              Clause 53(2)(b), after "appropriate"

              Insert

              and is not bound by the rules of evidence

            Amendment agreed to.

            Clause 53 as amended agreed to.

            Clauses 54 to 87 taken together and agreed to.

            Clause 88 read and not agreed to.

            Mr Elferink moved the following amendment -

              After clause 87

              insert
            88 Person engaging in contempt

              If a person is engaging in conduct that the Tribunal considers constitutes contempt, the Tribunal may order the person to leave the place where the Tribunal is sitting and may continue the proceeding in the person's absence.
            Amendment agreed to.

            Clauses 89 to 137 taken together and agreed to.

            Clause 138 read.

            Mr Elferink moved the following amendment to clause 138 -

              Clause 138(1)

              omit, insert

              (1) The President must establish a rules committee consisting of the President and one other member.

            Amendment agreed to.

            Clause 138 as amended agreed to.

            Clauses 139 to 140 taken together and agreed to.

            Clause 141 read.

            Mr Elferink moved the following amendment to clause 141 -

              Clause 141(3)(c)

              omit, insert

              (c) set aside the decision and:
                  (i) substitute its own decision; or

                  (ii) send the matter back to the Tribunal for reconsideration in accordance with any recommendations the Supreme Court considers appropriate;

            Amendment agreed to.

            Clause 141 as amended agreed to.

            Clauses 142 to 155 taken together and agreed to.

            Mr Elferink moved the following amendment -
              After section 155

              insert

              Part 8 Amendment of Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act

              156 Act amended

              This Part amends the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act.

              157 Section 7 amended

              Section 7(1), after "Magistrates"

              insert

              and Magistrates who hold a statutory office in addition to that of a Magistrate.

              158 Expiry of Part

              This Part expires on the day after it commences.

            Amendment agreed to.

            Remainder of the Bill taken as a whole and agreed to.

            Bill to be reported with amendments.
            _________________

            The Assembly resumed; the Speaker took the Chair; Mr Higgins reported that the Committee had agreed to the Bill with amendments.

            The Speaker put the question - That the Report be adopted.

            Motion agreed to.

            On the motion of Mr Elferink (Attorney-General), by leave, the Bill was read a third time and was passed to be a proposed law.
        11. MINISTERIAL STATEMENT – Retirement of the Northern Territory Auditor-General – Francis (Frank) Gerard McGuiness – 21 August 2014 – STATEMENT NOTED
            Mr Giles (Chief Minister) made a statement regarding the retirement of the Northern Territory Auditor-General.

            Mr Giles moved – That the Assembly take note of the Statement.

            Debate ensued.

            Question – put and passed.
        12. ReORDER OF BUSINESS – MOTION AGREED TO
            Mr Elferink (Leader of Government Business) moved – That pursuant to Standing Order 89, that Government Business Order of the Day Number 7 be called on followed by Orders of the Day Number 12 and 18.

            Question – put and passed
        13. MINISTERIAL STATEMENT – Multicultural Affairs, Seniors and Young Territorians – STATEMENT NOTED
            Resumption of debate on the motion - That the Assembly take note of the Statement.

            Debate resumed.

            Extension of Time: On the motion of Mr Chandler (Member for Brennan), Mr Styles (Member for Sanderson) was granted an extension of time.

            Debate continued.

            Question – put and passed.
        14. MINISTERIAL STATEMENT – Assistance for Nhulunbuy – STATEMENT NOTED
            Resumption of debate on the motion - That the Assembly take note of the Statement

            Debate resumed.

            Extension of Time: On the motion of Mr Vowles (Member for Johnston), Mr McCarthy (Member for Barkly) was granted an extension of time.

            Debate continued.

            Question – put and passed.
        15. MINISTERIAL STATEMENT – Northern Territory Government's Achievements and Current Efforts in Central Australia to Date – STATEMENT NOTED
            Resumption of debate on the motion - That the Assembly take note of the Statement

            Debate resumed.

            Extension of Time: On the motion of Mr Barrett (Member for Blain), Mr Conlan (Member for Greatorex) was granted an extension of time.

            Debate continued.

            Question – put and passed.
        16. ADJOURNMENT
            Mr Giles (Chief Minister) moved - That the Assembly do now adjourn.

            And the Assembly adjourned at 8.06pm until Tuesday 26 August 2014 at 10.00am.
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            PAPERS
            The following papers were deemed to have been Tabled on 21 August 2014 -
            Financial Management Act
            Authorisation, Issue of Increased Funds available from Commonwealth, pursuant to section 19A(1) and 19A(2), dated 27 June 2014 (Paper 988)
            Direction, Transfer of Excess Appropriations, pursuant to section 20(1), dated 27 June 2014 (Paper 989)

            Power and Water Corporation
            Letter, to Mr Ken Clarke, Chairman of the Power and Water Corporation Board, from Mr David Tollner, Treasurer, re Revised Ministerial Direction to Power and Water Corporation in relation to implementation of an alternative revenue path for the 2014-19 regulatory control period, dated 19 June 2014 (990)

            Professional Standards Act
            Notification, Instrument revoking the CPA Australia Limited (Northern Territory) Scheme, pursuant to section 13(1), dated 22 June 2014 (Paper 991)

            Statement of Corporate Intent
            TIO Group 1 July 2014 to 30 June 2017 (Paper 992)
            Motor Accidents Compensation Scheme 1 July 2014 to 30 June 2017 (Paper 993)
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            ATTENDANCE
            All Members attended the sittings, except Mr Gunner on leave.

            Michael Tatham
            Clerk of the Legislative Assembly
        Last updated: 04 Aug 2016