Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2014-02-12

1. MEETING
The Assembly met at 10am. The Speaker, the Honourable Kezia Purick took the Chair.

2. PRAYERS

3. VISTORS
      The Speaker advised Honourable Members of the presence in the gallery of two Year 4 classes from Larrakeyah Primary School.

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

4. QUESTIONS
      10.01 Ms Lawrie to Chief Minister
      10.06 Ms Anderson to Chief Minister
      10.10 Ms Lawrie to Chief Minister
      10.14 Mr McCarthy to Chief Minister
      10.15 Ms Lee to Minister for Infrastructure
      10.19 Ms Walker to Chief Minister (referred to Minister for Housing)
      10.23 Ms Finocchiaro to Minister for Health
      10.26 Mr Kurrupuwu to Minister for Arts and Museums
      10.31 Mr Wood to Chief Minister
      10.35 Mr Gunner to Chief Minister
      10.38 Ms Lee to Minister for Tourism
      10.41 Mr Vatskalis to Chief Minister
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      Withdrawal from Chamber: The Speaker ordered Mr McCarthy (Member for Barkly) to withdraw from the Assembly for one hour pursuant to Standing Order 240A.
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      10.47 Mr Kurrupuwu to Chief Minister
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      Visitors: The Speaker advised Honourable Members of the presence in the gallery of the Australian Migrant English Program from the Charles Darwin University.

      On behalf of all Members the Speaker extended a warm welcome to the visitors.
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      10.50 Mr Vowles to Minister for Parks and Wildlife
      10.53 Ms Lee to Minister for Primary Industry and Fisheries
      10.56 Mr Vatskalis to Chief Minister

      Mr Elferink (Leader of Government Business) asked that further questions be placed on the Written Question Paper.
5. MUSEUM AND ART GALLERY OF THE NORTHERN TERRITORY BILL 2013 (SERIAL 61)
      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.
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      In Committee

      Mr Higgins (Chair of Committees) took the Chair.

      Clauses 1 to 8 taken together and agreed to.
      Committee agreed to report progress to the Assembly.
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      The Assembly resumed; the Speaker took the Chair; Mr Higgins reported progress to the Assembly.
      Debate suspended.
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      Suspension of sittings: The sitting of the Assembly was suspended between 12 noon and 2.00pm.

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6. NOTICES
      The following notice was given:

      1. Mr Wood (Member for Nelson) to move on the next General Business Day –
        1. That Section 24 (Limitation on challenge to decision of member) of the Northern Territory Environmental Protection Act and Sections 81W (Limitation on challenge to decision of member) of the NT Planning Act be deleted.

        2. That the Government introduce a Code of Conduct for both the EPA and the NT Planning Commission which states the following:
        Conflicts of Interest

        From time to time, a member’s personal interests may give rise to a conflict with their public duty as a member of the NT EPA and the Planning Commission.

        The following principles for managing conflicts of interest are:

        Serving the public interest;
        Supporting transparency and scrutiny;
        Promoting individual responsibility and personal example; and
        Engendering an organisational culture which is intolerant of conflicts of interest.
        Conflicts of interest in a matter that is before a meeting of the NT EPA or Planning Commission

        To ensure the integrity and independent functioning of the NT EPA and the Planning Commission, members are to disclose to the NT EPA and/or the Planning Commission conflicts of interest, and the nature of those conflicts, in matters that are before the meeting of the NT EPA or Planning Commission.
        Conflicts of interest may arise in the following circumstances:
        (a) A member has a direct or indirect pecuniary interest in a matter that is before a meeting of the NT EPA or Planning Commission.

        This Code of Conduct requires that a member who has a direct or indirect pecuniary interest in a matter that is before a meeting of the NT EPA of the NT Planning commission shall, as soon as the member has knowledge of or is aware of the relevant facts, disclose to the NT EPA or Planning Commission members present at the meeting, the nature of the interest and this disclosure is to be recorded in the minutes. A member who discloses an interest shall not partake, as a member, in the consideration or discussion or vote on the matter.

        A member’s interest will constitute a direct pecuniary interest in a matter, where it is reasonable to expect that the matter, if dealt with by the NT EPA or the Planning Commission in a particular way, will result in a financial gain, loss, benefit or detriment to the member; for example, the holding of shares in a proponent company.

        An indirect pecuniary interest in a matter includes a reference to a financial relationship between the member and another person for whom an NT EPA or Planning Commission decision in relation to the matter will result in a financial gain, loss, benefit or detriment.
          (b) A member may have a non-pecuniary interest in a matter which will preclude the member from all discussion and voting on the matter if this non-pecuniary personal interest is considered to conflict with the member’s ability to perform his/her official duty in an independent and impartial manner. If a member has such an interest, for example, an apprehension of bias arising from association or former relationships with a proponent on a matter before the NT EPA or Planning Commission, the member is to disclose the nature of the interest to the NT EPA or Planning Commission and in the event that the member does not decide to preclude themselves from discussion and voting on the matter, the NT EPA or Planning Commission Chairman or presiding member may so decide.
            EPA members will:

            Comply with s.22 of the NT EPA Act and s.81U of the Planning Act by disclosing to the members present at the meeting any direct or indirect pecuniary interest in a matter that is before the meeting and providing the Chairman or presiding member with a signed ‘Disclosure of Personal Interest Form’

            Comply with this Code by disclosing to the members present at the meeting any non-pecuniary personal interest in a matter that is before the meeting and providing the Chairman or presiding member with a signed ‘Disclosure of Personal Interest Form’.

            The disclosure of any interest, the nature of the interest disclosed and any determination by the Chairman or presiding member are to be recorded in the minutes of the meeting.

          2. Mr Tollner (Treasurer) to present a bill entitled – Power and Water Corporation Legislation Amendment Bill 2014 (Serial 63).

          3. Mr Tollner (Treasurer) to present a bill entitled – Power Generation Corporation Bill 2014 (Serial 64).

          4. Mr Tollner (Treasurer) to present a bill entitled – Power Retail Corporation Bill 2014 (Serial 65).
      7. MUSEUM AND ART GALLERY OF THE NORTHERN TERRITORY BILL 2013 (SERIAL 61)
          Resumption of Committee of the Whole Stage, suspended earlier this day.

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

          Mr Higgins (Chair of Committees) took the Chair.

          Clauses 9 to 13 taken together and agreed to.

          Clause 14 read.

          Mr Conlan (Minister for Arts and Museums) moved the following amendment to clause 14 -

            Clause 14, heading

            omit

            corporate

            insert

            trusts or

          Amendment agreed to.

          Mr Conlan moved the following amendment to clause 14 -

            Clause 14 (1)

            omit

            company

            insert

            trusts or a company

          Amendment agreed to.

          Mr Conlan moved the following amendment to clause 14 -

            Clause 14 (2)

            omit

            company

            insert

            trusts or a company

          Amendment agreed to.

          Clause 14 as amended agreed to.

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

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

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

          Motion agreed to.

          On the motion of Mr Conlan (Minister for Arts and Museums), the Bill was read a third time and were passed to be a proposed law.
      8. CARE AND PROTECTION OF CHILDREN AMENDMENT (CHARTER OF RIGHTS) BILL 2013 (SERIAL 62) – 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.

          On the motion of Mr Elferink (Minister for Children and Families) by leave, the Bill was read a third time and was passed to be a proposed law.
      9. MINISTERIAL STATEMENT – INDIGENOUS ECONOMIC DEVELOPMENT - MOTION TO NOTE
          Mr Elferink (Leader of Government Business), on behalf of Mr Giles (Chief Minister), made a statement regarding advancing economic development in regional and remote areas.

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

          Debate ensued.

          Debate suspended.
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          General Business: The time being 5.30pm, General Business commenced.
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      10. Attacks on Territory Workers – MOTION
          Ms Fyles (Member for Nightcliff) pursuant to notice, moved – That this Assembly condemns the CLP for its continual attacks on Territory workers.

          The CLP promised that frontline workers would be safe and then went about sacking hundreds of Public Servants on contracts

          The CLP are so out of touch with the spiralling cost-of-living with inflation running at 4.4% they are offering a pay cut in real terms to teachers, fire fighters and paramedics who have voted to take industrial action against their appalling treatment.

          The CLP are in dispute with bus drivers – who have an uncertain future because they are selling Darwin Bus Service. The CLP are in dispute with port workers over job losses and there are very real shudders of concern running through prison officers and PowerWater staff.

          When the fire fighters spoke out about their plight the Attorney-General shamefully accuses them of trading on their good name to line their own pockets.

          The Attorney-General should apologise immediately and move to ensure the pay offer is a fair one, not less than CPI.

          Workers are not surprised the Government is now trying to scrap the May Day public holiday where internationally workers embrace the successful campaign for the 8-hour working day. This CLP has done nothing but attack workers since it won Government on false promises.

          Stop the bullying and start working with Territorians who are just trying to earn a decent pay for a decent effort and support their families to live here under an increasing cost of living.

          Debate ensued.

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

          Debate continued.

          Extension of Time: On the motion of Mr Vowles, Ms Lawrie (Member for Karama) was granted an extension of time.

          Debate continued.

          Extension of Time: On the motion of Mr Westra van Holthe (Member for Katherine), Mr Tollner (Member for Fong Lim) was granted an extension of time.

          Debate continued.

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

          Debate continued.
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          Government Business: The time being 9.00pm, General Business concluded.

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      11. ADJOURNMENT
          Mr Elferink (Leader of Government Business) moved - That the Assembly do now adjourn.

          Debate ensued.

          And the Assembly adjourned at 10.00pm until Thursday 13 February 2014 at 10.00am.
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          PAPERS
          The following papers were deemed to have been Tabled on 12 February 2014 -

          Annual Reports 2012/2013
          Public Trustee of the Northern Territory, 2012/2013 (Paper 711)

          Professional Standards Act 1994 (NSW)
          The CPA Australia Limited Professional Standards Scheme (Paper 712)

          Professional Standards Act 2004
          Instrument Amending the Engineers Australia Northern Territory Scheme (NT) (Paper 713)
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          ATTENDANCE
          All Members attended the sittings.

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