Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2011-08-18

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

2. PRAYERS.

3. PAIRS:
      The Speaker advised Members of the following Pair arrangements for today –
Member for Wanguri (Mr Henderson) and the Member for Katherine (Mr Westra van Holthe) for the period entire sitting day, 18 August 2011 (Paper 1466);
Member for Daly (Mr Knight) and the Member for Blain (Mr Mills) for the period 4.30pm to 8pm, 18 August 2011 (Paper 1467);
Member for Arnhem (Ms McCarthy) and the Member for Goyder (Ms Purick) for the period 4.30pm to 6pm, 18 August 2011 (Paper 1466); and
Member for Stuart (Mr Hampton) and the Member for Sanderson (Mr Styles) for the period 4.30pm and 6pm, 18 August 2011 (Paper 1467).
    4. VISITORS:
        The Speaker advised Members of the presence in the public gallery of Bakewell Primary School Year 6 students accompanied by Mr Williams and Ms Nunn.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    5. KENBI LAND TRUST BILL 2011 (Serial 175):
        The Leader of Government Business (Dr Burns), pursuant to notice, at the request of and on behalf of the Chief Minister (Mr Henderson), presented a Bill for an Act to establish the Kenbi Land Trust, and for related purposes.
        Bill read a first time.
        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, Kenbi Land Trust Bill 2011 (Paper 1468).

        On the motion of the Member for Fong Lim (Mr Tollner) debate was adjourned.

    6. MINING MANAGEMENT AMENDMENT BILL 2011 (Serial 162):
        The Minister for primary Industry, Fisheries and Resources (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to amend the Mining Management Act.
        Bill read a first time.
        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, Mining Management Amendment Bill 2011 (Paper 1469).

        On the motion of the Member for Goyder (Ms Purick) debate was adjourned.
    7. LEAVE OF ABSENCE:
        The Leader of Government Business (Dr Burns), by leave, moved – That leave of absence be granted to the Member for Wanguri (Mr Henderson) for this sitting day.
        Question – put and passed.

    8. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 2011 (Serial 146):
        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.
        _______________

        Visitors: The Deputy Speaker (Ms Walker) advised Members of the presence in the public gallery of Essington School students accompanied by Miss Dumesny, Miss Morvant and Mr Connor.
        On behalf of all Members the Deputy Speaker extended a warm welcome to the visitors.
        _______________

        Debate continued.
        _______________

        Visitors: The Deputy Speaker (Ms Walker) advised Members of the presence in the public gallery of Essington School Year 6 students accompanied by Mrs Dearden, Mr Connor and Mrs Materazzo.
        On behalf of all Members the Deputy Speaker extended a warm welcome to the visitors.
        _______________

        Debate continued.
        Debate suspended.
        _______________
        Suspension of sittings: The sittings of the Assembly were suspended between 12 Noon and 2pm.
        _______________

    9. NOTICES:
        Mr Mills: To move – That Item 2 (Attendance if no fire or other emergency)
                of the table to Schedule 4 of the Fire and Emergency Services Amendment Regulation 2011 (No. 29/2011), be disallowed.
    10. SELECT COMMITTEE ON YOUTH SUICIDES IN THE NT – ADDITIONAL TERMS OF REFERENCE – MOTION AGREED TO:
        The Leader of Government Business (Dr Burns), by leave, moved -

        That the terms of reference for the Select Committee on Youth Suicides in the NT be amended by adding the following paragraphs:

        (4) The Independent Member of the Committee shall be the Member for Macdonnell.

        (5) The Committee shall elect a Government member as Chair.

        (6) The Chair of the Committee may, from time to time, appoint a member of the Committee to be the Deputy Chair of the Committee and the Member so appointed shall act as Chair of the Committee at any time when there is no Chair or when the Chair is not present at a meeting of the Committee.

        (7) Three Members of the Committee shall form a quorum.

        (8) The Committee may proceed to the dispatch of business notwithstanding that not all Members have been appointed and notwithstanding any vacancy.

        (9) The Committee is to report by the first sitting date after February 2012.

        (10) The Committee may present to the Assembly, from time to time, progress reports of its proceedings with or without the evidence received.

        (11) The foregoing provisions of this resolution have effect notwithstanding anything contained in the Standing Orders.

        Paper tabled: The Speaker laid on the Table the following Papers –
    Letter, Dr Burns, Leader of Government Business to Speaker re nomination of Ms Scrymgour, Ms Walker and Mr Gunner to serve on the Select Committee on Youth Suicides in the NT, dated 18 August 2011 (Paper 1471); and
    Letter, Leader of the Opposition (Mr Mills) to Speaker, dated 18 August 2011 re nomination of Ms Purick and Mr Styles to serve on the Select Committee on Youth Suicides in the NT (Paper 1472).
        Question – put and passed.

    11. QUESTIONS:
        2.03pm Mr Conlan to Mr Vatskalis.
        2.05pm Ms Scrymgour to Mr Vatskalis.
        2.07pm Mr Conlan to Mr Vatskalis.
        Paper tabled: Mr Conlan, by leave, laid on the Table the following Paper –
    Memo by Dr Gary Sinclair re Medchart Software Issue, dated 20 April 2011 (Paper 1470).

        2.09pm Ms Walker to Ms Lawrie.
        2.13pm Mr Conlan to Mr Vatskalis.
        2.14pm Mr Gunner to Dr Burns.
        2.16pm Mr Wood to Mr Hampton.
        2.18pm Mr Conlan to Mr Vatskalis.
        2.20pm Ms Scrymgour to Ms M McCarthy.
        2.23pm Ms Anderson to Ms M McCarthy.
        _________________

        Gag: The Member for Braitling (Mr Giles) moved – That the Member (Ms M McCarthy) be no longer heard.
        Question – put and negatived.
        _________________

        Response by Ms M McCarthy continued.
        2.27pm Mr Conlan to Mr Vatskalis.
        2.29pm Ms Walker to Ms Lawrie.
        2.31pm Mr Conlan to Mr Vatskalis.
        2.32pm Mr Wood to Ms Lawrie.
        2.34pm Mr Gunner to Mr Vatskalis.
        2.37pm Mr Conlan to Mr Vatskalis.
        2.39pm Ms Scrymgour to Mr Hampton.
        2.41pm Mr Conlan to Mr Vatskalis.
        2.42pm Ms Walker to Mr Knight.
        2.46pm Mr Wood to Mr G McCarthy.
        2.48pm Mr Conlan to Mr Vatskalis.
        2.49pm Mr Gunner to Ms Lawrie.
        2.53pm Mr Gunner to Ms Lawrie.
        Paper tabled: Ms Lawrie laid on the Table the following Paper –
    Press Release, Mr Terry Mills, Leader of the Opposition re the Chief Minister wants to put Heavy Industry in our Harbour, dated 18 April 2008 (Paper 1475).

        2.56pm Ms Anderson to Mr Hampton.
        2.57pm Mr Conlan to Mr Vatskalis.
        2.59pm Mr Gunner to Mr Vatskalis.

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

    10. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 2011 (Serial 146):
        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: Dr Burns laid on the Table the following Paper –
    Advice on the Public Sector Employment and Management Act and Preference Selection – Calyton Utz, dated 24 July 2003 (Paper 1476).

        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.
        On the motion of the Minister for Public Employment (Dr Burns) the following amendment was agreed to, after debate -

        Omit - Clause 7, proposed section 5D(2)(e), (3), (4) and (5).
          Clause 7, as amended, agreed to.
          Clauses 8 to 37, by leave, taken together and agreed to.
          Clause 38 read.
          On the motion of Dr Burns the following amendment was agreed to, after debate -
            In Clause 38, after proposed section 59F

                  Insert
                59G Protection from liability
                      (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as a member of an appeal board.

                      (2) In addition, the person is not civilly or criminally liable for an act done or omitted to be done by the appeal board in the exercise of a power or performance of a function under this Act.

                      (3) Subsections (1) and (2) do not affect any liability the Territory would, apart from those subsections, have for the act or omission.

                      (4) In this section:
                          exercise, of a power, includes the purported exercise of the power.
                          performance, of a function, includes the purported performance of the function.
            Clause 38, as amended, agreed to.
            Remainder of the Bill, by leave, taken as a whole and agreed to.
            Bill to be reported with amendments.
            _________________

            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 - Report adopted.

            On the motion of the Minister for Public Employment (Dr Burns) the Bill was read a third time and passed to be a proposed law, after debate.

        11. EDUCATION - STATEMENT NOTED:
            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 Arafura (Ms Scrymgour) the Member for Nhulunbuy (Ms Walker) was granted an extension of time, pursuant to Standing Order 77.

            Debate continued.
            Extension of time: On the motion of the Member for Braitling (Mr Giles) the Member for Greatorex (Mr Conlan) 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 Speaker to the state of the Assembly.
            And the Bells having been rung and a Quorum having been obtained –

            Debate resumed.
            Extension of time: On the motion of the Member for Arafura (Ms Scrymgour) the Member for Johnston (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.

            Debate continued.
            Quorum: The Member for Drysdale (Mr Bohlin) drew the attention of the Speaker to the state of the Assembly.
            And the Bells having been rung and a Quorum having been obtained –

            Debate resumed.
            Question – put and passed.
        12. GOVERNMENT RESPONSE TO “RECENT COMMUNITY TRIPS”, FOURTH REPORT OF THE COUNCIL OF TERRITORY CO-OPERATION – MOTION TO NOTE REPORT:
            The Leader of Government Business (Dr Burns) laid on the Table the Northern Territory Government Response to the Fourth Report of the CTC – “Recent Community Trips” (Paper 1477).
            Dr Burns moved - That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
            Leave granted.
            Debate adjourned.
        13. COUNCIL OF TERRITORY CO-OPERATION, ANIMAL WELFARE GOVERNANCE SUBCOMMITTEE, PRELIMINARY REPORT – REPORT TABLED – MOTION TO NOTE REPORT:
            The Chair of the CTC Animal Welfare Governance Subcommittee (Ms Walker) laid on the Table the Preliminary Report of the Animal Welfare Governance Subcommittee of the CTC, dated August 2011 (Paper 1478).
            Ms Walker moved – That the Report be Printed.
            Question – put and passed.
            Ms Walker moved – That the Assembly take note of the Report and leave be granted to continue her remarks at a later hour.
            Debate adjourned.

        14. ADJOURNMENT:
            The Leader of Government Business (Dr Burns) moved – That the Assembly do now adjourn.
            Debate ensued.
            And the Assembly adjourned at 7.09pm until Tuesday, 18 October 2011 at 10am, pursuant to published timetable of sitting days by the Speaker.
            ________________

            PAPERS:
            The following Papers were deemed to have been presented on Thursday, 18 August 2011 –

            Annual Reports
            Northern Territory Plumbers and Drainers Licensing Board for year ended 30 September 2010 (Paper 1474)
            First Report of Ministerial Correspondence on Subordinate Legislation, December 2008 to July 2011 – Subordinate Legislation and Publications Committee (Paper 1479)

            OmbudsmanNT
            Report to the Honourable Delia Lawrie MLA Minister for Justice and to: the Legislative Assembly, pursuant to section 64(1) of the Surveillance Devices Act 2007 (Northern Territory) for period 1 January 2011 to 30 June 2011, June 2011 (Paper 1473)
        _________________
            ATTENDANCE:
            All Members attended the sittings except Mr Henderson, on leave.



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