Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2011-03-31

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

    2. PRAYERS.

    3. PAIR ARRANGEMENTS FOR THURSDAY 31 MARCH 2011:
        The Speaker laid on the Table a Pair arrangement for the Member for Arnhem (Ms McCarthy) and the Member for Braitling (Mr Giles) for Thursday 31 March 2011 (Paper 1257).

    4. EDUCATION LEGISLATION AMENDMENT BILL 2011 (Serial 160):
        The Minister for Education and Training (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Education Act and related legislation.
        Dr Burns moved – That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: Dr Burns laid on the Table the following Paper –
        Explanatory Statement, Education Legislation Amendment Bill 2011 (Paper 1258).

        On the motion of the Member for Brennan (Mr Chandler) debate was adjourned.
    5. AUDIT AMENDMENT BILL 2011 (Serial 157):
        The Chief Minister (Mr Henderson), pursuant to notice, presented a Bill for an Act to amend the Audit Act.
        Mr Henderson moved – That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: Mr Henderson laid on the Table the following Paper –

        Explanatory Statement, Audit Amendment Bill 2011 (Paper 1259).

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

    6. PRIVATE HOSPITALS AND NURSING HOMES AMENDMENT BILL 2011 (Serial 155):
        The Minister for Health (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to amend the Private Hospitals and Nursing Homes Act, and for related purposes.
        Mr Vatskalis moved – That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: Mr Vatskalis laid on the Table the following Paper –

        Explanatory Statement, Private Hospitals and Nursing Homes Amendment Bill 2011 (Paper 1260).

        On the motion of the Member for Greatorex (Mr Conlan) debate was adjourned.
    7. CARE AND PROTECTION OF CHILDREN (CHILDREN’S COMMISSIONER) AMENDMENT BILL 2011 (Serial 147):
        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.
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        Suspension of sittings: The sittings of the Assembly was suspended between 12 Noon and 2pm.
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    8. CARE AND PROTECTION OF CHILDREN (CHILDREN’S COMMISSIONER) AMENDMENT BILL 2011 (Serial 147):
        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.
        Paper tabled: Mr Vatskalis laid on the Table the following Paper –

        Letter, Mr Kon Vatskalis to Ms Carolyn Richards, Ombudsman re amendments to Care and Protection of Children Act before the Assembly, dated 25/03/2011 (Paper 1266).

        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

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

        Clauses 1 to 6, by leave, taken together and agreed to.
        Clause 7 read.
        The Member for Araluen (Mrs Lambley) moved – That the following amendment be agreed to -
            Clause 7(2)
                  omit, insert
            (2) Section 258(1)(a) and (b)
                  omit, insert

                  (a) the wellbeing of vulnerable children; and

                  (b) the monitoring of the implementation of any government decision arising from any of the following:

                      (i) the Inquiry into the Protection of Aboriginal Children from Sexual Abuse;

                      (ii) the Board of Inquiry into the Child Protection System of the Northern Territory;

                      (iii) any other inquiry under the Inquiries Act relating to child protection or child welfare matters;

                      (iv) any report or judicial recommendation relating to child protection or child welfare matters that the Commissioner considers relevant.

        Debate ensued.
        Amendment negatived.
        Clause 7, as printed, agreed to.
        Clause 8 read.
        The Member for Araluen (Mrs Lambley) moved – That the following amendment be agreed to -
          Clause 8, proposed section 260(1)(d)

          omit, insert

          (d) to monitor the implementation of any government decision arising from any of the following:

              (i) the Inquiry into the Protection of Aboriginal Children from Sexual Abuse;

              (ii) the Board of Inquiry into the Child Protection System of the Northern Territory;

              (iii) any other inquiry under the Inquiries Act relating to child protection or child welfare matters;

              (iv) any report or judicial recommendation relating to child protection or child welfare matters that the Commissioner considers relevant;

        Debate ensued.
        Amendment negatived.
        Clause 8, as printed, agreed to.
        Clauses 9 to 25, by leave, taken together and agreed to.
        Clause 26 read.
        The Member for Araluen (Mrs Lambley) spoke for the defeat of the clause -
        Debate ensued.
        Papers tabled: Mr Vatskalis laid on the Table the following Papers -

        Legal Advice re Operation of the Care and Protection of Children (Children’s Commissioner) Amendment Act 2011by Michael Grant QC, dated 15 March 2011 (Paper 1267); and
        Legal Advice re Independence of Office of Children’ Commissioner by Michael Grant QC, dated 29 March 2011 (Paper 1268).

        Clause 26, as printed, agreed to.
        Remainder of the Bill, by leave, taken as a whole and agreed to.
        Bill to be reported without amendment.
        _________________

        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 as printed.
        On the motion of the Minister for Health and Families (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
    9. DARWIN PORT CORPORATION LEGISLATION AMENDMENT BILL 2011 (Serial 153):
        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 Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.

    10. HEALTH AND COMMUNITY SERVICES COMPLAINTS AMENDMENT BILL 2011 (Serial 152):
        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 Minister for Health (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law, after debate.
    11. ALTERATION TO ORDER OF BUSINESS - OCCUPATIONAL LICENSING (NATIONAL UNIFORM LEGISLATION) BILL 2010 (SERIAL 139):
        The Leader of Government Business (Dr Burns) advised that with the agreement of the Opposition, consideration of the Occupational Licensing (National Uniform Legislation) Bill 2010 (Serial 139) would be postponed until a later hour.

    12. CENTRAL AUSTRALIAN DEVELOPMENT – 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 Araluen (Mrs Lambley) was granted an extension of time, pursuant to Standing Order 77.
        Debate suspended.
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        Suspension of sittings: The sittings of the Assembly was suspended between 5.45pm and 6pm.
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    13. NOTICE:
        Dr Burns: To move – That the Assembly:
                1. Calls on the Member for Katherine to make a public, truthful and full explanation in relation to the public allegations of fraud surrounding the used car scandal he is currently embroiled in.

                2. Calls on the Leader of the Opposition to outline to the House his knowledge of the scandal and stand down the Member for Katherine as Shadow Treasurer until such time as he provides a truthful and full explanation of the scandal.
    14. QUESTIONS:- 6pm
        6.04pm Mr Mills to Mr Henderson.
        6.08pm Ms Scrymgour to Mr Henderson.
        6.13pm Mr Gunner to Ms Lawrie.
        6.17pm Mr Mills to Mr Henderson.
        6.20pm Mr Mills to Mr Henderson supplementary.
        6.22pm Ms Anderson to Ms McCarthy and taken by Mr Knight.
        6.24pm Ms Walker to Ms Lawrie.
        6.28pm Ms Purick to Mr Henderson.
        Paper tabled: Ms Purick, by leave, laid on the Table the following Paper –

        Australian Mining and Exploration Title Services P/L – Cameco Australia P/L Paladin N.T. P/L dated 3\10\2008 (Paper 1268).

        6.32pm Ms Scrymgour to Mr Knight.
        6.35pm Mr Wood to Mr McCarthy.
        6.39pm Mrs Lambley to Mr Vatskalis.
        6.41pm Mr Gunner to Ms Lawrie.
        Paper tabled: Ms Lawrie laid on the Table the following Paper –

        Letter, Application for Information under the Information Act, Solicitor for the Northern Territory Mr Simon Wiese to Leader of the Opposition (Mr Mills), dated 5 March 2011 (Paper 1269).

        6.44pm Mrs Lambley to Mr Henderson.
        6.46pm Ms Anderson to Mr Hampton.
        6.50pm Ms Walker to Mr McCarthy.
        6.54pm Mrs Lambley to Mr Henderson.
        6.57pm Ms Scrymgour to Mr Hampton.
        7.01pm Mr Wood to Mr Vatskalis.
        7.02pm Ms Lambley to Mr Henderson.

        The Leader of government Business (Dr Burns) asked that further questions be places on the Written Question Paper.
    15. PERSONAL EXPLANATION:
        The Member for Katherine (Mr Westra van Holthe) made a personal explanation concerning a purchase of a vehicle and complaints by Dr Burns and Mr Mike Rowley.

    16. MATTER OF PUBLIC IMPORTANCE – COST OF LIVING AND JOB DESTRUCTION:
        The Speaker advised the Assembly the Member for Fong Lim (Mr Tollner) had proposed the following definite Matter of Public Importance for discussion this day:

        The failure of government to lobby the Federal Government to stand up for Northern Territory citizens to prevent –

        Job destruction in the Territory;
        Export of Territory industry; and
        Higher costs of living which will result from the carbon tax deal.
          Furthermore, this Northern Territory government failure to condemn the prime Minister for her continued deception of Territory Citizens.
            The proposed discussion having received the necessary support –
            Discussion ensued.
            Discussion concluded.
        17. ADJOURNMENT:
            The Leader of Government Business (Dr Burns) moved – That the Assembly do now adjourn.
            Debate ensued.
            Paper tabled: The Leader of the Opposition (Mr Mills), by leave, laid on the Table the following Paper –

            Letter, Dr David Curl to the Chief Minister (Mr Henderson) re loss of business film/TV/media film festival (Paper 1270).

            Debate continued.
            Papers tabled: Dr Burns laid on the Table the following Papers –

            My Home Sweet Home, poem by Luke S Morcom, dated 2/02/2007 (Paper 1272); and
            Program, St johns College Presentation Ball 2011 (Paper 1271).

            Debate continued.
            And the Assembly adjourned at 9.49pm until 3 May 2011 at 10am.
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            PAPERS:
            The following Papers were deemed to have been presented on Thursday 31 March 2011 –

            Annual Reports
            AustralAsia Railway Corporation, 2009/2010 (Paper 1263)
            Department of Justice, Report to the Minister for Racing, Gaming and Licensing, 2009/2010 (Paper 1262)
            National Trust of Australia (Northern Territory), 2009/2010 (Paper 1264)
            Public Trustee for the Northern Territory, 2009/2010 (Paper 1261)

            Regulations 2011
            No. 6, Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Regulations 2011 (Paper 1265)
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            ATTENDANCE:
            All Members attended the sittings, except Ms McCarthy.


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