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Minutes of Proceedings - 2009-10-13

1. MEETING:

The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.

2. PRAYERS.

3. CONDOLENCE FOR VICTIMS OF NATURAL DISASTERS IN PACIFIC-ASIA REGION – MOTION AGREED TO:

The Chief Minister (Mr Henderson), by leave moved – That the Legislative Assembly:

(a) express its profound condolences to the people of the Philippines who were victims of the most recent floods;

(b) express its profound condolences to the people of the South pacific region who were victims of a tsunami;

(c) express its profound condolences to the people of Indonesia, particularly those on the island of Sumatra in the Padang region who were victims of the most recent earthquake;

(d) commends the efforts of the Australian Defence Forces and relief agencies like the Red Cross; and

(e) further, commends the efforts of Community groups who are fund raising and working to assist the victims, families and relatives who have been exposed to these horrific tragedies.

The Chief Minister (Mr Henderson) thereupon addressed the motion.

The Leader of the Opposition (Mr Mills) addressed the motion.

Debate ensued.

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Visitors:

The Speaker advised Members of the presence in the Public Gallery of Yarralin School Year 2/3 students accompanied by Ms Lucy Pedwell and Ms Abby Cunningham.

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Debate continued.

Question put and passed.

Motion agreed to.

As a mark of respect Members stood in their places for one minute, in silence.

4. PETITIONS:

The Member for Braitling (Mr Giles) presented Petition No. 25 from 665 petitioners requesting the Anzac High School campus remain open as a separate campus. (Paper 510)

Petition read

5. CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS AMENDMENT BILL 2009 (Serial 58):

The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the

Construction Industry Long Service Leave and Benefits Act

Bill read a first time.

Ms Lawrie moved – That the Bill be now read a second time.

Debate ensued.

Paper tabled:

Ms Lawrie laid on the Table the following Paper –

Explanatory Statement, Construction Industry Long Service Leave and Benefits Amendment Bill 2009 (Paper 511).

On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.

6. REVENUE UNITS BILL 2009 (Serial 64):

The Treasurer (Ms Lawrie), pursuant to notice, presented a Bill for an Act to provide for fees and charges expressed as revenue units, the indexation of the monetary value of revenue units and for related purposes.

Bill read a first time.

Ms Lawrie moved – That the Bill be now read a second time.

Debate ensued.

Paper tabled:

Ms Lawrie laid on the Table the following Paper –

Explanatory Statement, Revenue Units Bill 2009 (Paper 512).

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

7. ALTERATION TO ORDER OF BUSINESS:

The Clerk advised Members, pursuant to Standing Order 107, that Government Business, Notices Nos. 3 and 4 relating to the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Bill (No. 2) 2009 (Serial 67) were postponed until the next sitting day.

8. JUSTICE LEGISLATION (PENALTIES) AMENDMENT BILL 2009 (Serial 53):

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.

Papers tabled:

Ms Lawrie laid on the Table the following Papers –

Justice Legislation (Penalties) – List of changed penalties and monetary value (Paper 513); and

Justice Legislation (Penalties) – List of penalties where imprisonment added or changed (Paper 514).

Debate continued.

Question – put and passed.

Bill read a second time.

Ordered that Committee stages to be later taken.

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Suspension of sittings:

The sittings of the Assembly was suspended between 11.57am and 2pm.

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9. NOTICES:

The following notices were given:

Mr Henderson: To move –

(1) That the Legislative Assembly establish a Sessional Committee to be known as ‘The Council of Territory Co-Operation’;

Purpose of the committee

(2) That the committee facilitate:

(a) greater levels of collaboration in the governance of the Northern Territory;

(b) enhance parliamentary democracy by providing a strong role for members of the Legislative Assembly who are not members of the executive government, particularly on matters of common concern;

(d) provide new avenues for Territorians to have input through the Legislative Assembly into the government of the Northern Territory; and

(e) provide a road map for tackling some specific issues currently facing the Territory.

(3) The committee consist of up to six members including two government members, two opposition members and at least one independent member to be appointed by a subsequent resolution and that unless otherwise ordered, Mr Wood be appointed Chairman of the committee.

Duties of the committee

(4) That the committee inquire into, consider, make recommendations and report to the Assembly from time to time on the following matters of public importance:

(a) the strategic indigenous housing and infrastructure program (SIHIP);

(b) local government reform;

(d) a working future (including homelands policy);

(e) any other matter of public importance referred to it by the Legislative Assembly; and

(f) any matter of public importance concerned with the administration of matters of which ministers of the Territory have executive authority pursuant to the provisions of the

Northern Territory (Self-Government) Act

and Regulations (Commonwealth).

(5) That the provisions of paragraph (4) have effect notwithstanding the terms of reference of other Assembly committees.

(6) That the committee determine appropriate timeframes and work plans and the priority for consideration of matters referred to it;

(7) That, notwithstanding paragraph (4) above, the committee report to the assembly as soon as possible after 30 June each year on its activities during the preceding financial year;

(8) That in the event of an equality of voting, the member chairing the committee shall have a casting vote;

(9) That the committee have power to appoint subcommittees and to refer to any such subcommittee any matter which the committee is empowered to examine.

(10) That three members of the committee constitute a quorum of the committee and two members of a subcommittee constitute a quorum of the subcommittee.

(11) That the committee or any subcommittee have power to send for persons, papers and records, to adjourn from place to place, to meet and transact business in public or private session and to sit during any adjournment of the Assembly.

(12) That the committee shall be empowered to print from day to day such papers and evidence as may be ordered by it and, unless otherwise ordered by the committee, a daily

Hansard

shall be published of such proceedings of the committee as take place in public.

(13) That the committee have leave to report from time to time and any member of the committee has power to add a protest or dissent to any report.

(14) That any report tabled by the committee which recommends action by the government, shall within three months from the date of tabling of such report generate an information paper in response to the report and that the Assembly has the capacity to take note of the response.

(15) That unless otherwise ordered by the committee, all documents received by the committee during its inquiry shall remain in the custody of the Assembly provided that, on the application of a department or person, any document, if not likely to be further required, may, in the Speaker’s discretion, be returned to the department or person from whom it was obtained.

(16) That members of the public and representatives of the news media may attend and report any public sessions of the committee, unless otherwise ordered by the committee.

(17) That the committee may authorise the broadcasting of public hearings of the committee under such rules as the Speaker considers appropriate.

(18) That the committee shall be provided with all necessary staff, facilities and resources and shall be empowered, with the approval of the Speaker, to appoint persons with specialist knowledge for the purposes of the committee.

(19) That the committee be empowered to consider the minutes of proceedings, evidence taken and records of committees established in previous Assemblies; and

(20) That the foregoing provisions of this resolution, so far as they are inconsistent with Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

10. QUESTIONS:

2.01pm Ms Purick to Mr Knight.

Paper tabled:

Ms Purick, by leave, laid on the Table the following Paper –

Graph, Northern Territory Public Housing Waiting List, 2004 to 2008 (Paper 515).

2.10pm Ms Walker to Mr Henderson.

2.15pm Mr Giles to Mr Knight.

2.17pm Mr Gunner to Ms Lawrie.

2.20pm Mr Giles to Mr Knight.

2.23pm Ms Anderson to Mr Knight.

2.27pm Mr Giles to Mr Knight.

2.29pm Ms Scrymgour to Mr Vatskalis.

2.31pm Mr Tollner to Mr Knight.

2.45pm Ms Walker to Ms Lawrie.

2.49pm Ms Anderson to Mr Vatskalis.

2.51pm Mr Giles to Mr Knight.

Paper tabled:

Mr Giles, by leave, laid on the Table the following Paper –

Letter, Ngaliwurru-Wuli Association to Mr Daniel Robert Knight – Summary Dismissal, dated 6 March 2001 (Paper 516).

3.02pm Mr Gunner to Ms Lawrie.

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

11. JUSTICE LEGISLATION (PENALTIES) AMENDMENT BILL 2009 (Serial 53):

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
(Chair and Deputy Speaker – Ms Walker)

Bill, by leave, taken as a whole.

Schedule:

The Minister for Justice and Attorney-General (Ms Lawrie) moved the following amendments together, by leave –

omit

sections 12(1), (2), (4) and (5), 13, 14, 15, 16 and 17

whole penalty provision

Maximum penalty: 200 penalty units or imprisonment for 12 months.

substitute

sections 12(1), (2), (4) and (5), 13, 14, 15, 16 and 17Penalty: $2,000Maximum penalty: 200 penalty units

omit

sections 24(2), 26(5), 32(3) and 34(8)

whole penalty provision

Maximum penalty: 200 penalty units or imprisonment for 12 months.

substitute

sections 24(2) and 26(5)Penalty: $10,000Maximum penalty: 200 penalty units

section 32(3)	Penalty: $2,000	Maximum penalty: 200 penalty units
section 34(8)	Penalty: $10,000	Maximum penalty: 200 penalty units

Retirement Villages Act

sections 22(1), 36(2), 39(3), 40 and 42	whole penalty provision	Maximum penalty: 200 penalty units.
section 78N(6)	whole penalty provision	Maximum penalty: 50 penalty units.
section 99(2)	Penalty:	Maximum penalty:

substitute

Retirement Villages Act

sections 22(1), 36(2), 39(3), 40 and 42	whole penalty provision	Maximum penalty: 200 penalty units.
*Sentencing Act*
section 78N(6)	whole penalty provision	Maximum penalty: 50 penalty units.
section 99(2)	Penalty:	Maximum penalty:

Amendments agreed to, after debate.

Question – That the Bill, as amended, be agreed to – put.

Debate ensued.

Question – put and passed.

Bill to be reported with amendments.

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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 with amendments.

And the Report was adopted.

On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.

12. GROWING THE TERRITORY – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:

The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –

Debate resumed.

Extension of time:

On the motion of the Member for Braitling (Mr Giles) the Member for Katherine (Mr Westra van Holthe) was granted an extension of time, pursuant to Standing Order 77.

Debate continued.

Quorum:

The Member for Braitling (Mr Giles) drew the attention of the Assembly to the state of the House.

The Bells having been rung -

And a Quorum having been obtained.

The Assembly resumed.

Debate continued.

Quorum:

The Member for Braitling (Mr Giles) drew the attention of the Assembly to the state of the House.

The 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 Brennan (Mr Chandler) the Member for Sanderson (Mr Styles) 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 Arafura (Ms Scrymgour) was granted an extension of time, pursuant to Standing Order 77.

Debate continued.

Extension of time:

On the motion of the Member for Drysdale (Mr Bohlin) the Member for Greatorex (Mr Conlan) was granted an extension of time, pursuant to Standing Order 77.

On the motion of the Minister for Transport (Mr McCarthy) debate was adjourned.

13. MATTER OF PUBLIC IMPORTANCE – HOUSING INFRASTRUCTURE TO MEET POPULATION GROWTH IN THE TERRITORY:

The Speaker advised the Assembly that the Member for Goyder (Ms Purick) had proposed the following definite Matter of Public Importance for discussion this day:

The failure of the Northern Territory Government to provide sufficient housing infrastructure and residential land to meet forecasted population growth.

The proposed discussion having received the necessary support -

Discussion ensued.

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Distinguished Visitor:

The Speaker advised Members of the presence in the Public Gallery of Mr Damien Ryan, Mayor of Alice Springs. On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.

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Discussion continued.

Discussion concluded.

14. ADJOURNMENT, Automatic:

The Deputy Speaker (Ms Walker), pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.

Debate ensued.

And the Assembly adjourned at 10.13pm until Wednesday, 14 October 2009 at 10am.

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PAPERS:

There were no Papers deemed to have been presented on Tuesday 13 October 2009.

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ATTENDANCE:

All Members attended the sittings.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 2009-10-13