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Minutes of Proceedings - 2013-03-26

NORTHERN TERRITORY OF AUSTRALIA

MINUTES OF THE PROCEEDINGS

of the

LEGISLATIVE ASSEMBLY

No. 19

Tuesday 26 March 2013

1. MEETING:
      The Assembly met at 10am. The Speaker, the Honourable Kezia Purick, took the Chair.
2. PRAYERS.
    3. MESSAGES — COMMONWEALTH DAY:
        The Speaker laid on the Table the Commonwealth Day Message, dated 10 March 2013 from Her Majesty the Queen. The Speaker advised that the Commonwealth Day Message would be incorporated in the Hansard record (Paper 267).
    4. MESSAGE FROM THE ADMINISTRATOR:
        The Speaker advised Members of receipt of the following Message from Her Honour the Administrator:
      Message No 5 — Assent to Proposed Laws

      I, SALLY THOMAS AM, the Administrator for 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 law(s):
        13 March 2013
          Sentencing Amendment (Mandatory Minimum Sentences) Act 2013 (Act No 1 of 2013)
        14 March 2013
          Bail Amendment Act 2013 (Act No 2 of 2013)
          Criminal Code Amendment (Assaults on Workers) Act 2013 (Act No 3 of 2013)
          Evidence (National Uniform Legislation) Amendment Act 2013 (Act No 4 of 2013)
          Justice Legislation Amendment (Age of Retirement) Act 2013 (Act No 5 of 2013)
          Victims of Crime Assistance Amendment Act 2013 (Act No 6 of 2013)
        15 March 2013
          Domestic and Family Violence Amendment Act 2013 (Act No 7 2013)

      Dated 22 March 2013


      SALLY THOMAS AM
      Administrator
      (Paper 268)

    5. VISITORS:
        The Speaker advised Members of the presence in the public gallery of year 5—6 Humpty Doo Primary School students accompanied by Ms Katie Jensen and Ms Wendy Tate and year 5—6 Jingili Primary School students accompanied by Ms Vivienne Chellew.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    6. ADMINISTRATIVE ARRANGEMENTS ORDER— GOVERNMENT:
        Mr Elferink (Leader of Government Business), by leave, made a statement informing the Assembly of the appointment of Ministers and laid on the Table the Administrative Arrangements of Government, dated 20 March 2013 (Paper 269):

        Adam Graham Giles — Chief Minister; Minister for Police, Fire and Emergency Services; Minister for Corporate and Information Services; Minister for Trade; Minister for Economic Development (Major Projects); Minister for Asian Engagement; Minister for Transport.

        David William Tollner — Treasurer; Minister for Business; Minister for Employment and Training; Minister for Defence Liaison and Defence Industry Support.

        Johan Wessel Elferink — Attorney-General and Minister for Justice; Minister for Public Employment; Minister for Correctional Services; Minister for Statehood.

        Robyn Jane Lambley — Minister for Health; Minister for Alcohol Rehabilitation.

        Peter Glen Chandler — Minister for Education; Minister for Housing; Minister for Lands, Planning and the Environment.

        Willem Rudolf Westra van Holthe — Minister for Primary Industry and Fisheries; Minister for Mines and Energy; Minister for Land Resource Management; Minister for Essential Services.

        Alison Anderson — Minister for Children and Families; Minister for Regional Development; Minister for Local Government; Minister for Women’s Policy.

        Matthew Escott Conlan — Minister for Central Australia; Minister for Tourism and Major Events; Minister for Sport and Recreation; Minister for Racing; Minister for Parks and Wildlife; Minister for Arts and Museums.

        Peter Donald Styles — Minister for Infrastructure; Minister for Multicultural Affairs; Minister for Senior Territorians; Minister for Young Territorians.
    7. NOTICE OF MOTION – REVISED SITTINGS DATES 2013:
        Mr Elferink (Leader of Government Business) To move — That the 2013 Parliamentary Sittings be revised to schedule the sittings for the introduction of the Budget to 14—16 May 2013 and the Estimates Committee hearings which were to be held from 11 to 20 June be revised to 18—20 June and 25—27 June 2013 with the Appropriation Bill to be considered in the Assembly on 27 June 2013.
    8. STANDING COMMITTEE ON PUBLIC ACCOUNTS — CHANGE OF MEMBERSHIP:
        Mr Elferink (Leader of Government Business), by leave, moved — That the Member for Sanderson, Mr Styles, be discharged from the Public Accounts Committee and that the Member for Stuart, Mrs Price, be appointed to the committee in his stead.

        Question — put and passed.
    9. ORDER OF BUSINESS:
        Mr Elferink (Leader of Government Business), by leave, moved — that intervening business be postponed until after Ministerial Statements.

        Question — put and passed.
    10. LEAVE OF ABSENCE — MEMBER FOR STUART:
        Mr Elferink (Leader of Government Business) moved that leave of absence be granted to Mrs Price (Member for Stuart) for 26, 27 and 28 March owing to bereavement.

        Question — put and passed.
    11. LEAVE OF ABSENCE — MEMBER FOR FANNIE BAY:
        Ms Lawrie (Leader of the Opposition) moved that leave of absence be granted to Mr Gunner (Member for Fannie Bay) for 26, 27 and 28 March owing to bereavement.

        Question — put and passed.
    12. STATEMENT BY SPEAKER:
        The Speaker advised Members that she had allowed the ABC to film the beginning of today’s proceedings, not including Question Time.
    13. QUESTIONS:
        10.08 Ms Lawrie to Chief Minister
        10.10 Ms Price to Chief Minister
        10.13 Ms Lawrie to Chief Minister
        10.16 Ms Finocchiaro to Chief Minister
        10.18 Ms Lawrie to Chief Minister
        10.21 Kurrupuwu to Chief Minister
        10.24 Ms Lawrie to Chief Minister
        10.27 Mr Wood to Minister for Land Resource Management
        10.31 Ms Lawrie to Chief Minister
        10.34 Mr Higgins to Chief Minister
        10.37 Ms Lawrie to Chief Minister
        10.40 Ms Lee to Chief Minister
        ________________

        Suspension of Standing Orders: Ms Lawrie (Leader of the Opposition) moved – That so much of Standing Orders be suspended as would prevent her censuring the Chief Minister.

        Mr Elferink (Leader of Government Business) informed the Assembly that the government accepted the motion pursuant to Standing Order 95.
        ________________


        Mr Elferink (Leader of Government Business) asked that further questions be placed on the Written Question Paper.
    14. CENSURE OF CHIEF MINISTER — MOTION:
        Ms Lawrie (Leader of the Opposition) moved – That this house censures the now Chief Minister:
          for his cowardly knifing of the former Chief Minister Terry Mills while he was overseas representing the Territory;

          becoming an illegitimate Chief Minister by ignoring that Territorians voted for Terry Mills as Chief Minister only seven months ago;

          the damage to the reputation of the Northern Territory caused by his actions;
          the damage he has done to the business community in the Northern Territory; and

          the lies that have led to lost jobs opportunities for Territorians.

        Debate ensued.

        Mr Elferink (Leader of Government Business) moved an amendment in the following terms — Omit all words after ‘as would’ and insert in their stead:
          prevent this House from censuring the now Leader of the Opposition for her calamitous mismanagement of the Northern Territory budget whilst she was Treasurer.

        Debate ensued.

        Debate suspended.
    _____________________________
      Suspension of sittings: The sitting of the Assembly was suspended between 12.01pm and 2pm.
      ______________________________


      15. CONDOLENCE MOTION — MR COLIN FIRMIN — MOTION AGREED TO:
          The Speaker advised Members of the death on 3 March 2013 of Mr Colin Firmin, former Member of the Legislative Assembly for the electorate of Ludmilla from 1983 to 1990.

          The Speaker acknowledged the presence in the Speaker’s Gallery of Mr Gary Haslett, Mr Grant Tambling, Mr Mick Palmer, Mr Rick Setter, Mr Earl James and Mrs Wendy James, Mr Terry Flowers and Mrs Maravon Flowers, Mr John Hardy and Mrs Marie Hardy, Mr Peter Allen, Ms Alison Maynard, Mr Bob Bradley, Mr Peter Bracken and Robyn Bracken, Mr Michael Savage and Mrs Sally Savage, Mr Jack Hamilton, and also for the friends and family of Mr Colin Firmin, apologies from Dr Jan Hills together with a number of friends of the Firmin family.

          Mr Giles (Chief Minister), by leave, moved — That this Assembly express its condolences at the passing of Mr Colin Firmin, the former member for Ludmilla and extend deepest sympathy to his family and friends.

          Mr Giles thereupon addressed the Assembly.

          Ms Lawrie (Leader of the Opposition) addressed the Assembly.

          Debate ensued.

          Motion agreed to.

          As a mark of respect Members stood in their places in silence for one minute.
      16. NOTICES:
          The following notices were given —
            1. Mr Elferink: To present: Electronic Conveyancing (National Uniform Legislation) Bill 2013 (Serial 21)

            2. Mr Elferink: To present: Penalty Units Amendment Bill 2013 (Serial 24)

            3. Mr Tollner: To present: Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Amendment Bill 2013
            (Serial 22)

            4. Mr Giles: To move — That the Northern Territory Parliament expresses its sorrow and regret:
                (a) for the pain caused by past forced adoption practices;

                (b) in supporting the apology made by the federal parliament on behalf of the nation;

                (c) in offering our sympathies to those Territorians who have suffered from those decisions and policies;

                (d) for those policies, whilst recognising that forced adoption practices did not occur since the northern territory formed as a
                self-governing body politic in 1978.
            5. Ms Fyles: To move — That this Assembly condemns the government for:

                (a) gifting their CLP candidate Tina McFarlane a water allocation potentially worth millions of dollars;

                (b) ignoring science, ignoring the environment and gifting the water extraction allocation against the advice of experts, a community
                advisory group, the ruling of an independent panel and the adjudication of the Supreme Court; and

                (c) ignoring the concerns of indigenous communities and other landowners of the region.
        17. PETITIONS — RESPONSES:
            The Clerk, pursuant to Standing Order 100A, laid upon the Table responses to Petition Numbers 6, 8 and 9 relating respectively to Power and Water price increases and Humpty Doo Fire Station Closure. (Paper 270).
        18. CENSURE OF CHIEF MINISTER — AMENDED MOTION AGREED TO:
            Debate resumed.

            Mr Tollner (Treasurer) moved that the question be put.

            Question — that the Question be put — put and passed.

            Question — that the amendment be agreed to put —

            The Assembly divided:

            Ayes 13 Noes 8
            Ms Anderson Ms Fyles
            Mr Chandler Ms Lawrie
            Mr Conlan Ms Manison
            Mr Elferink Mr McCarthy
            Ms Finocchiaro Mr Vatskalis
            Mr Giles Mr Vowles
            Mr Higgins Ms Walker
            Mr Kurrupuwu Mr Wood
            Mrs Lambley
            Ms Lee
            Mr Styles
            Mr Tollner
            Mr Westra van Holthe

            And so it was resolved in the affirmative.

            Debate resumed.

            Question — that the motion as amended be agreed to — put and passed.
        _________________________

            Visitors: The Speaker advised Members of the presence in the public galleries of St Phillips College students from Alice Springs who are in Darwin attending the NT Rock Climbing Championships.

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


        19. FUTURE DIRECTIONS OF THE NORTHERN TERRITORY GOVERNMENT – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
            Mr Giles (Chief Minister) made a statement relating to future directions of the Northern Territory Government.

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

            Debate ensued.

            On the motion of Mr Elferink (Leader of Government Business) debate was adjourned.
        20. TREASURY – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
            Mr Tollner (Treasurer) made a statement relating to the Northern Territory’s budgetary position.

            Mr Tollner moved — That the Assembly take note of the Statement.

            Debate ensued.

            Quorum: Ms Lawrie drew the attention of the Speaker to the state of the Assembly.

            Bells having been rung and a Quorum having been obtained —

            Debate continued.

            Quorum: Mr Vatskalis drew the attention of the Speaker to the state of the Assembly.

            Bells having been rung and a Quorum having been obtained —

            Debate continued.

            On the motion of Mr Elferink (Leader of Government Business) debate was adjourned.
        21. SERIOUS SEX OFFENDERS BILL 2013 (SERIAL 18):
            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.

            Extension of time: On the motion of Ms Walker, Mr Wood was granted an extension of time.

            Debate continued.

            Question — put and passed.

            Bill read a second time.

            Statement by Speaker: The Speaker (Ms Purick) advised Members of the Pairs arrangement between Mrs Bess Price (Member for Stuart) and Mr Michael Gunner (Member for Fannie Bay).

            The Assembly resolved itself into Committee of the Whole for consideration of the Bill in detail.
        ______________________________

        In Committee
        Chair of Committees (Mr Higgins) in the Chair

            Bill, by leave, taken as a whole.

            Debate ensued.

            Bill as a whole agreed to without amendment.

            Bill to be reported without amendment.
        ______________________________


            The Assembly resumed; the Speaker took the Chair; and the Chair of Committees (Mr Higgins) reported that the Committee had agreed to the Bill, without amendments.

            On the motion of Mr Elferink (Attorney-General and Minister for Justice) the Bill was read a third time and passed to be a proposed law.
        22. ADJOURNMENT:
            Mr Elferink (Leader of Government Business) moved — That the Assembly do now adjourn.

            Debate ensued.

            Question — put and passed.

            And the Assembly adjourned at 8.06pm until 27 March 2013 at 10am.
        ____________________

            PAPERS:

            The following papers were deemed to have been presented on 26 March 2013 —

            Annual Report

            Board of the Australian Crime Commission, 2011/2012 (Paper 206)
        _______________________
            ATTENDANCE
            All Members attended the sittings except Mrs Price and Mr Gunner, on leave.



            Ian McNeill
            Clerk of the Legislative Assembly
        Last updated: 04 Aug 2016
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