The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 30 October 2008. The Speaker, the Honourable J. L. Aagaard, took the Chair.

The Speaker advised Members of the presence in the public gallery of Charles Darwin University Bridging Program students, studying Certificate III in General Education for adults, accompanied by Ms Sushames.
On behalf of all Members the Speaker extended a warm welcome to the visitors.

The Speaker laid on the Table a press release setting out the sittings timetable for 2009 (Paper 145).
The Member for Port Darwin (Mr Elferink) asked a question relating to the paper.
The Leader of Government Business (Ms Lawrie) responded to the question asked.

The Member for Blain (Mr Mills) presented Petition No. 7 from 1396 petitioners requesting the establishment of a pedestrian crossing between Woodroffe and Rosebery on Chung Wah Terrace. (Paper 136)
Petition read.
Responses to petitions: The Clerk pursuant to Standing Order 100A presented a response to Petitions Nos. 2 and 3, respectively relating to Gunn Point Industrial Precinct and Darwin Harbour National Conservation Park (Paper 137).

The Clerk advised the responses would be incorporated in the Hansard record and included on the Legislative Assembly website.

White Ribbon Day 2008: The Minister for Children and Families (Ms McCarthy) reported on the need to eliminate violence against women by men in the community.
Ms Carney responded.
Mr Wood responded.
Ms McCarthy replied.

Alice Springs - Antisocial Behaviour, Youth Strategy: The Minister for Central Australia (Ms Anderson) reported on strategies to curb youth violence in Alice Springs.
Mr Conlan responded.
Ms Anderson replied.

Live Cattle Trade Delegation, Vietnam: The Minister for Primary Industry and Fisheries (Mr Vatskalis) reported on his recent visit to Vietnam to sign a Memorandum of Understanding to create a new export market in live cattle to Vietnam.
Mr Westra van Holthe responded.
Mr Vatskalis replied.

Ministerial Reports noted, pursuant to Standing Orders.

The Treasurer (Ms Lawrie) laid on the Table the Treasurer's Mid-Year Report 2008/2009 (Paper 138).
Ms Lawrie made a statement relating thereto.
Ms Lawrie moved - That the Assembly take note of the Report and that leave be granted to continue her remarks at a later hour.
Leave granted - Debate adjourned.

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.
Debate suspended.
_________________


Suspension of sittings: The sittings of the Assembly was suspended between 11.59am to 2pm.
_________________

The following notices were given -
Mr Henderson: To present the Electoral Amendment Bill 2008 (Serial 21).

Mr Henderson: To present the Ombudsman Bill 2008 (Serial 25).

Dr Burns: To present the Domestic and Family Violence Amendment Bill 2008 (Serial 26).

Ms Lawrie: To move - That the Assembly take note of the Treasurer's Annual Financial Report 2007/2008 which was tabled on Thursday 30 October 2008.

2.01pm Mr Mills to Mr Henderson.
2.05pm Ms Walker to Mr Henderson.
2.11pm Mr Mills to Mr Henderson.
2.13pm Mr McCarthy to Mr Henderson.
2.16pm Mr Mills to Mr Henderson.
2.19pm Mr McCarthy to Ms Scrymgour.
2.23pm Mr Mills to Mr Henderson.
2.26pm Mr Gunner to Ms Lawrie.
2.30pm Mr Mills to Mr Henderson.
2.31pm Ms Walker to Dr Burns.
2.33pm Mr Wood to Mr Vatskalis.
2.36pm Mr Gunner to Ms Lawrie.
2.38pm Mr Mills to Mr Henderson.
2.43pm Ms Walker to Ms Scrymgour.
2.49pm Mr Giles to Mr Henderson.
2.54pm Mr McCarthy to Mr Hampton.
2.55pm Mr Mills to Mr Henderson.
Paper tabled: The Chief Minister (Mr Henderson) laid on the Table the following Paper -

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

The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question - That the Bill be now read a second time -
Debate resumed.
Extension of time: On the motion of the Treasurer (Ms Lawrie) the Minister for Justice and Attorney-General (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.

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.
_________________

In Committee

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

After subclause (1)(j)

insert

(k) a person, organisation or corporation contracted to provide goods or services to a department or Agency.

After subclause (1)(d)

insert

(e) an employee of a person, organisation or corporation contracted to provide goods or services to a department or Agency.


After subclause (1)
insert

(1A) A person who was previously a person mentioned in subsection (1) is taken to be a public officer in relation to conduct that occurred while he or she was a person mentioned in subsection (1).

After paragraph (f)

insert

(fa) for:

(i) a person contracted to provide goods or services to a department or Agency; or

(ii) a person employed by a person, organisation or corporation contracted to provide goods or services to a department or Agency; or

(iii) a person who previously was a person mentioned in subparagraph (i) or (ii);


the Chief Executive Officer of the department or Agency concerned;
Debate ensued.
Amendments negatived

Subclause (2)(h)

omit

Debate ensued.
Amendment negatived.

CLAUSE 11

Subclause (1)(a)

omit

Speaker;

substitute

Speaker or Commissioner;


Debate ensued.
Amendment negatived.

New CLAUSE

After clause 11

insert

11A Disclosure to Member of Legislative Assembly or journalist

(1) A public officer may make a public interest disclosure to a member of the Legislative Assembly if:

(a) in all the circumstances, it is reasonable for the public officer to make the public interest disclosure; and

(b) the disclosure has already been made to an appropriate person under section 11 and:

(i) the disclosure has not, to the best of the public officer's knowledge and belief, been acted upon within 6 months of the disclosure; or

(ii) the disclosure has been acted on, but the public officer reasonably believes that the action was not adequate or appropriate; and

(c) the public officer reasonably believes the disclosure concerns serious conduct, and exceptional circumstances exist to justify the public officer making the disclosure to the member.
(2) A public officer may make a public interest disclosure to a journalist if:
(a) in all the circumstances, it is reasonable for the public officer to make the public interest disclosure; and

(b) the public officer does not make the disclosure for his or her personal gain; and

(c) the disclosure has already been made to an appropriate person under section 11 or a member of the Legislative Assembly under subsection (1) and:

(i) the disclosure has not, to the best of the public officer's knowledge and belief, been acted upon within 6 months of the disclosure; or

(ii) the disclosure has been acted on, but the public officer reasonably believes that the action was not adequate or appropriate; and

(d) the public officer reasonably believes the disclosure concerns serious conduct, and exceptional circumstances exist to justify the public officer making the disclosure to the journalist.
Debate ensued.
Amendment negatived.
Mr Mills, by leave, moved the following amendments together -

CLAUSE 12



After subclause (1)

insert

(1A) If the Speaker does not refer the disclosure to the Commissioner, the Speaker must refer it to a committee of the Legislative Assembly for appropriate action by the committee.




After subclause (2)

insert

(3) The Speaker, on referring the disclosure to the Commissioner or to a committee of the Legislative Assembly, must notify the discloser of the receipt of the disclosure and of the referral.

(4) If the Speaker refers the disclosure to a committee of the Legislative Assembly, the Speaker must, in the notification to the discloser, give the reasons why the matter was referred to the committee and not to the Commissioner.


Debate ensued.
Amendments negatived.
Mr Mills moved the following amendment -

CLAUSE 12


Subclause (2)

omit

all words after "the chief executive"

substitute

must:

(a) refer it to the Commissioner within 14 days after receiving it; and

(b) notify the discloser of the receipt of the disclosure and of the referral.

Debate ensued.
Amendment negatived.
Mr Mills moved the following amendment -

CLAUSE 21



Subclause (1)(e), after "investigated"

insert

under this Act




PART 3, DIVISION 6


Debate ensued.
Amendment negatived.

Mr Mills, by leave, moved the following amendments together -

CLAUSE 21

Heading

omit

all words after "Report"

substitute

during and following investigation





NEW CLAUSE 30A



Before clause 31, in Part 3, Division 6

insert

30A Report during investigation

(1) If a public interest disclosure has been made to the Commissioner or referred to the Commissioner for investigation, the Commissioner must, within 14 days after receiving the disclosure or referral, notify the discloser of the receipt of the disclosure or referral.

(2) Within 90 days after receiving the disclosure or referral, the Commissioner must notify the discloser (as appropriate):

(a) that an investigation has commenced; or

(b) that an investigation has commenced but is not complete; or

(c) that the investigation has been completed.

(3) Until the Commissioner gives notice under section 34(1) to the discloser after completing an investigation, the Commissioner must, at each interval not greater than 3 months, provide a further notification to the discloser advising as to the matters mentioned in subsection (2).
Debate ensued.
Amendments negatived.
Mr Mills moved the following amendment -

CLAUSE 32


Subclause (1)

omit

the Commissioner may require a responsible authority to notify

substitute

the responsible authority must notify

Debate ensued.
Amendments negatived.
Mr Mills moved the following amendment -

CLAUSE 32


After subclause (1)

insert

(1A) The Commissioner must notify the discloser of the steps taken or intended to be taken, or the reasons for inaction, by the responsible authority.

Debate ensued.
Amendments negatived.
Mr Mills moved the following amendment -

CLAUSE 32


Subclause (2)

omit

the Commissioner may report

substitute

the Commissioner must report

Debate ensued.
Amendments negatived.
Mr Mills moved the following amendment -

CLAUSE 33


Subclause (2)(c)

omit

Debate ensued.
Amendments negatived.
Mr Mills moved the following amendment -

CLAUSE 34


Subclause (1)

omit

Within a reasonable time

substitute

Within 28 days

Debate ensued.
Amendments negatived.
Mr Mills moved the following amendment -

CLAUSE 39


Subclauses (2), (3) and (4)

omit, substitute

(2) The Commissioner is the person holding the office of the Ombudsman for the Northern Territory under the Ombudsman (Northern Territory) Act.

Debate ensued.
Amendment negatived.
Mr Mills moved the following amendment to Clause 60 -

CLAUSE 60


Proposed section 49B


omit

all words after "section 44"

substitute

if it might identify or tend to identify a person:

(a) as a public officer who has made a public interest disclosure under the Public Interest Disclosure Act; or

(b) as a person about whom a public interest disclosure has been made under the Public Interest Disclosure Act or about whom a public interest disclosure under that Act relates.


Debate ensued.
Amendment negatived.
Question - That the Bill stand as printed, agreed to.
Bill to be reported without amendment.
_____________________


The Assembly resumed, the Speaker took the Chair; the Deputy Speaker and Chairman of Committees (Ms Walker) reported that the Assembly had agreed to the Bill, without amendment.
And the Report was adopted.
On the motion of the Minister for Justice and Attorney-General (Dr Burns) the Bill be now read a third time and passed to be a proposed law.

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 Assembly resolved itself into Committee of the Whole for consideration of the Bill.
_________________

In Committee

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

Clauses 1 to 4, by leave, taken together.
Question - That clauses 1 to 4 stand as printed.
Debate ensued.
Clauses 1 to 4, as printed, agreed to.
Clause 5 read.
The Leader of the Opposition (Mr Mills) moved the following amendment -

Subclauses (3) and (4)

omit, substitute

(3) A person may inspect the register in relation to a particular member and related persons of that member during normal business hours of the office of the Clerk.

(4) A person who wishes to inspect the register must give his or her name and residential address to the Clerk.

(5) The person must not give a name or address that is false.

Maximum penalty: 10 penalty units.
(6) The Clerk must record the person's name and address in the register, showing the entries the person has inspected and the date on which the inspection was made, in a way so that the record is readily available to any person who later inspects those entries.

(7) A person must not:

(a) publish information contained in the register unless the information published is a fair and accurate summary and it is published without malice and in the public interest; or

(b) make public comment on information contained in the register unless the comment is a fair comment and is made without malice and in the public interest.

Maximum penalty: 10 penalty units.

Debate ensued.
Amendment negatived.
Clause 5, as printed, agreed to.
Clause 6 to 8, by leave, taken together and agreed to.
Schedule read.
On the motion of the Chief Minister (Mr Henderson) the following words were inserted in the schedule at the end, after debate:



" 'Any other substantial source of income'

'The nature of the source of income' "



Schedule, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
_____________________


The Assembly resumed, the Speaker took the Chair; the Deputy Speaker and Chairman of Committees (Ms Walker) reported that the Assembly had agreed to the Bill, with an amendment.
And the Report was adopted.
On the motion of the Chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.

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 Chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.

The Speaker advised the Assembly that the Member for Drysdale (Mr Bohlin) had proposed the following definite Matter of Public Importance for discussion this day:

The impact of rising crime on Territorians and the lacklustre leadership and action by the Territory Government to address rising crime.

The proposed discussion having received the necessary support -
Discussion ensued.
Discussion concluded.

The Minister for Local Government (Mr Knight) moved - That the Assembly do now adjourn.
Debate ensued.
And the Assembly adjourned at 11.36pm, until 26 November 2008 at 10am.
________________

PAPERS:
The following Papers were deemed to have been presented on Tuesday 25 November 2008 -

Annual Reports:
Cobourg Peninsula Sanctuary and Marine Park Board, 2007/2008 (Paper 141)
Department of Health and Families, Building a better future for Young Territorians, Progress Report, 2007/2008 (Paper 143)
Nitmiluk National Park, 2007/2008 (Paper 142)
Northern Territory Grants Commission, 2007/2008 (Paper 140)
Northern Territory Gambling Turnover, Gambling Expenditure and Gambling Taxes Collected 2001/2002 to 2007/2008 (Paper 139)

ATTENDANCE:
All Members attended the sittings.