Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2013-11-26

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

2. PRAYERS

3. LEAVE TO GIVE NOTICE OF MOTION – GAS TO GOVE – NOT GRANTED
      Ms Walker (Member for Nhulunbuy) sought leave to give notice of a motion regarding Gas to Gove.

Leave not granted.

4. LEAVE TO MOVE MOTION – GAS TO GOVE – NOT GRANTED
Ms Lawrie (Leader of Opposition) sought leave to move a motion regarding Gas to Gove.

Leave not granted.

5. QUESTIONS
      10.03 Ms Walker to Chief Minister

      Paper Tabled: Mr Giles (Chief Minister) laid upon the Table - Letter, David Peever, Managing Director, Rio Tinto Australia to Hon. Adam Giles, MLA re letter dated 13 November 2013 to Sam Walsh on the Gove Alumina refinery, dated 19 November 2013 (Paper 604).
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      Visitors: The Speaker advised Honourable Members of the presence in the gallery of Year 3/4 students from Wagaman Primary School and the CLP Members Electorate Officers.

      On behalf of all Members the Speaker extended a warm welcome to the visitors.
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      10.09 Ms Finocchiaro to Chief Minister
      10.13 Ms Lawrie to Chief Minister
      10.17 Mr Higgins to Chief Minister

      Paper Tabled: Mr Giles (Chief Minister) laid upon the Table –

      Letter, to Mr Alan Paton, Secretary, Unions NT, from Mr Gerry McCarthy, Minister for Lands and Planning, re Offer Unions NT a Crown Lease for a term of 10 years at nil cost over Lot 5260 Town of Darwin (the Stella Maris site) for the purposes of a community centre, meeting rooms and office space, dated 3 August 2012 (Paper 605).

      Letter, to Mr Alan Paton, Secretary Unions NT, from John Coleman, Chief Executive, Department of Lands, Planning and the Environment re letter dated 3 August 2012 from the former Minister for Lands and Planning in which Unions NT were offered a Crown lease for a term of 10 years at a nil cost, over Lot 5260 Town of Darwin (the Stella Maris site) for the purpose of a community centre, dated 28 May 2013 (Paper 606).

      Letter, Ms Avril Vaughan, Hall Payne Lawyers, from Mr Peter Chandler, Minister for Lands, Planning and the Environment, re letter dated 3 October 2013, in which you request that I review the decision made by the Chief Executive of my Department of Lands, Planning and the Environment regard your client’s proposed development application in the respect of Lot 5360, Town of Darwin, known as Stella Maris, dated 22 November 2013 (Paper 607).

      10.21 Ms Fyles to Chief Minister
      10.25 Ms Lee to Chief Minister
      10.29 Mr Wood to Minister for Land Resource Management
      10.32 Mr Vowles to Chief Minister
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      Visitors: The Speaker advised Honourable Members of the presence in the gallery of Mr Rick Setter, a former Member of the Legislative Assembly of the Northern Territory.

      On behalf of all Members the Speaker extended a warm welcome to the visitors.
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      10.37 Ms Finocchiaro to Chief Minister
      10.41 Mr Gunner to Minister for Police, Fire and Emergency Services
      10.44 Ms Anderson to Minister for Health
      10.48 Ms Manison to Chief Minister
      10.51 Mr Wood to Minister for Mines and Energy
      10.55 Mr Higgins to Minister for Tourism
      10.59 Ms Walker to Chief Minister

      Mr Elferink (Leader of Government Business) asked that further questions be placed on the Written Question Paper.
6. MESSAGE FROM THE ADMINISTRATOR
      The Speaker advised Members of receipt of the following Message from Her Honour the Administrator (Paper 603):
      Message No 12 – Assent to Proposed Laws

      I, SALLY THOMAS AM, the Administrator for the Northern Territory of Australia, advise the Legislative Assembly, pursuant to section 7 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, the assent to the following proposed laws:

      29 October 2013
      Misuse of Drugs Amendment (Methamphetamine) Act 2013 (Act No 25 of 2013)

      8 November 2013
      Criminal Code Amendment (Female Genital Mutilation) Act 2013 (Act No 26 of 2013)
      Emergency Management Act 2013 (Act No 27 of 2013)
      Local Government Amendment Act 2013 (Act No 28 of 2013)
      Pastoral Land Amendment Act 2013 (Act No 29 of 2013)
      Succession to the Crown (Request) (National Uniform Legislation Act 2013 (Act No 30 of 2013)

      SALLY THOMAS AM

      Administrator
7. RECOGNITION OF THE NATURAL DISASTER THAT HAS STRUCK THE PHILIPPINES – MOTION
      Mr Giles (Chief Minister) by leave, moved – In recognition of the devastating natural disaster that has struck the Philippines and the distress it has caused the Northern Territory’s large Filipino – Australian community, this Assembly:

      a. notes the severity of the typhoon that struck the Philippines on Friday 8 November 2013, destroying buildings, homes and infrastructure and causing enormous loss of life;

      b. notes the complex emergency response that has swung into action to treat the injured, prevent the outbreak of disease and rebuild vital infrastructure;

      c. acknowledges members of Darwin’s National Critical Care and Trauma Response Centre who are now on the ground in the Philippines providing emergency medical care to victims of the disaster;

      d. notes the concern the local Filipino-Australian community about the situation and acknowledges their tireless fundraising efforts for victims of the typhoon;

      e. acknowledges the support of Territorians who have given generously to the relief appeals; and

      f. notes the enormous recovery effort now facing the Philippines and pledges the Territory’s ongoing support over the difficult months ahead.

      Debate ensued.

      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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8. PETITIONS
      The following petitions were presented:
      1. Ms Anderson (Member for Namatjira), presented Petition No. 28 from 62 petitioners, conforming with Standing Orders praying that the education cuts and proposed changes to staff numbers be re-assessed (Paper 612).
        Petition read.

      2. Ms Lee (Member for Arnhem), by leave, presented Petition No. 29 from 99 petitioners, not conforming with Standing Orders relating to cuts to teaching positions in the Ramingining School (Paper 613).

      Petition read.
      3. Ms Purick (Member for Goyder), presented Petition No. 26 from 115 petitioners, conforming with Standing Orders praying that the education cuts and proposed changes to staff numbers be re-assessed (Paper 614).
        Petition read.

      4. Ms Purick (Member for Goyder), by leave, presented Petition No. 27 from 11 petitioners, not conforming with Standing Orders relating to education cuts and proposed changes to staff numbers (Paper 615).
        Petition read.
9. NOTICES
      The following notices were given:

      1. Ms Walker (Member for Nhulunbuy) to move - That this Assembly:
        1. Condemns the actions of Chief Minister Adam Giles in reneging on the Gas to Gove Deal which has plunged Nhulunbuy and the North East Arnhem land region into a crisis that remains unresolved;

        2. Calls on the Chief Minister to update this assembly on actions he has taken to repair the Territory's relationship with Rio Tinto and the lobby for the refinery to stay operational; and

        3. Calls on the Chief Minister to visit Nhulunbuy before the end of this year to explain to families and businesses what social and economic impact analysis has occurred and to fully disclose what it shows.

      2. Mr Tollner (Minister for Local Government and Regions) to present a bill entitled – Local Government Amendment (Restructuring) Bill 2013 (Serial 60).

      3. Mr Tollner (Minister for Local Government and Regions) to move – That so much of Standing Orders be suspended as would prevent the Local Government Amendment (Restructuring) Bill 2013 (Serial 60) passing through all stages during this sitting.
      4. Mr Wood (Member for Nelson) to move - That the NT Government sets up an Independent Local Government Boundary Commission to inquire into:
          How many local government areas there should be.
          What the external boundaries should be.
          What the internal boundaries for wards should be.
          Unincorporated areas.
          The development of a formula which clearly spells out the ownership of assets and liabilities if there are boundary changes.
          What effect boundary changes will have on the sustainability and viability of existing and any proposed new councils taking into account the recommendations of the Deloitte Inquiry into Local Government.
        And that as part of the investigation the Commission will be required to make sure:
          All residents of the shire councils are informed of the inquiry.

          All residents have the opportunity to have their say about the future of their council.
        The Board should have between 5 and 7 members made up of:

          a representative of the NT Electoral Commission;

          a financial expert on Local Government in the NT;

          up to three persons who have a long standing knowledge and involvement in Local Government;

          the chair of the Local Government Grants Committee;

          one representative of the Department of Local Government; and

          a representative from the Local Government Association of the NT.
10. CONDOLENCE MOTION - DR YUNUPINGU - MOTION AGREED TO
      The Speaker informed the Assembly of the death on 2 June 2013 of Dr Yunupingu.

      The Speaker advised Members of the presence in the Speaker’s Gallery of family, friends and distinguished visitors.

      Mr Giles (Chief Minister) by leave, moved - That this Assembly express its condolences at the passing of Dr Yunupingu, and extend deepest sympathy to his family and friends.

      Debate ensued.

      Question – put and passed.

      As a mark of respect Members stood in their places in silence for one minute.
11. RESPONSES TO PETITIONS
      The Clerk, pursuant to Standing Order 100A, laid upon the Table a Response to Petition Number 16 (Paper 616).

12. RECOGNITION OF THE NATURAL DISASTER THAT HAS STRUCK THE PHIILIPPINES – MOTION agreed to
      Resumption of debate, suspended earlier this day, on the question – That the motion be agreed to.

      Debate resumed.

      Question – put and passed.

13. PETROLEUM AMENDMENT BILL 2013 (SERIAL 56) – 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 Westra van Holthe(Minister for Mines and Energy) by leave, the Bill was read a third time and was passed to be a proposed law.
14. WILLS AMENDMENT (INTERNATIONAL WILLS) BILL 2013 (SERIAL 50) – 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 (Attorney-General and Minister for Justice) by leave, the Bill was read a third time and was passed to be a proposed law.
15. MINISTERIAL STATEMENT – OUTCOMES OF THE CHIEF MINISTER'S VISIT TO JAPAN, CHINA AND VIETNAM - MOTION TO NOTE AGREED TO
      Mr Giles (Chief Minister) made a statement informing the Assembly about his recent visit to Japan, China and Vietnam during 18 – 31 October 2013.

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

      Debate ensued.

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

      Debate continued.

      Question – put and passed.
16. MINISTERIAL STATEMENT – THE NORTHERN TERRITORY'S FOOD FUTURE - MOTION TO NOTE AGREED TO
      Mr Westra van Holthe (Minister for Primary Industries and Fisheries) made a statement outlining the important role that the Northern Territory's Primary Industries and Fisheries sectors have in providing food security.

      Mr Westra van Holthe moved - That the Assembly take note of the Statement.

      Debate ensued.

      Extension of Time: On the motion of Mr Elferink (Member for Port Darwin), Mr Wood (Member for Nelson) was granted an extension of time.

      Debate continued.

      Question – put and passed.

17. ADJOURNMENT
      Mr Chandler (Minister for Education) moved - That the Assembly do now adjourn.

      Debate ensued.

      And the Assembly adjourned at 10.33pm until Wednesday 27 November 2013 at 10 am.
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      PAPERS
      The following papers were deemed to have been Tabled on 26 November 2013 -

      Annual Report 2012/2013:
      Department of Infrastructure, 2012/2013 (Paper 608)
      Office of the Commissioner for Public Employment, State of the Service Report, 2012/2013 (Paper 609)

      Subordinate Legislation 2013
      No. 37, Supreme Court Amendment (Public Notaries) Rules 2013 (Paper 610)
      No. 38, Supreme Court Amendment (Waiver and Deferral of Fees) Rules 2013 (Paper 611)
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      ATTENDANCE
      All Members attended the sittings.

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