Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2016-03-16

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

2. PRAYERS

3. VISITORS
      The Speaker advised Honourable Members of the presence in the gallery of two year 4 classes from Larrakeyah Primary school accompanied by Sue Folley and Kiteni Holt.

      On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. SPEAKER'S STATEMENT
      The Speaker made a statement regarding Commonwealth Day.

5. APPROPRIATION ACTS REPEAL BILL 2016 (Serial 158)
      Mr Tollner (Treasurer), pursuant to notice, presented a Bill for an Act to repeal the Acts that authorised the issuing of expenditure of public moneys of the Territory for the financial years from 1978-1979 to 2011-2012.

      Bill read a first time.

      Mr Tollner moved - That the Bill be now read a second time.

      Debate ensued.

      Paper Tabled: Mr Tollner laid upon the Table the Explanatory Statement (Paper 1707).

      On the motion of Mr Gunner (Member for Fannie Bay) debate was adjourned.
6. MOTION TO CONDEMN TERRITORY LABOR
      Mr Styles (Deputy Chief Minister) pursuant to notice, moved –

      That this House condemns Territory Labor and its leader for creating a crisis in confidence by its anti-jobs stance for short-term political expediency that has resulted in companies laying off Territory workers; and in so doing so it has sent a serious message internationally that the Northern Territory under a potential Labor government is too high a risk for investment.

      Debate ensued.
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      Withdrawal from Chamber: The Speaker ordered Mr Elferink (Member for Port Darwin) to withdraw from the Assembly for one hour pursuant to Standing Order 49.
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      Debate continued.

      Paper Tabled: Mr Gunner (Member for Fannie Bay), by leave, laid upon the Table – Territory Labor Policy, Infrastructure to Enable Growth - Building a Stronger Territory (Paper 1708).

      Paper Tabled: Mr Gunner (Member for Fannie Bay), by leave, laid upon the Table – Territory Labor Policy, The Northern Territory Jobs Plan - Productivity, Participation, Population (Paper 1709).

      Paper Tabled: Mr Gunner (Member for Fannie Bay), by leave, laid upon the Table – Territory Labor Policy, Territory Labor’s Innovation Strategy - unlocking creativity – backing local innovators – jobs and prosperity, November 2015 (Paper 1710).

      Debate continued.

      Paper Tabled: Mr Gunner (Member for Fannie Bay), by leave, laid upon the Table – Territory Labor Policy Paper, Recreational Fishing (Paper 1711).

      Debate continued.
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      Visitors: The Speaker advised Honourable Members of the presence in the gallery of a Year 3/4 class from St Paul’s Catholic Primary School accompanied by Carol Carey.

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

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

      Debate continued.
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      Visitors: The Speaker advised Honourable Members of the presence in the gallery of Year 4 class from Larrakeyah Primary School, accompanied by their teacher, Leisa Beynon.

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

      Paper Tabled: Mr Gunner (Member for Fannie Bay), by leave, laid upon the Table – Territory Labor’s Remote Housing Policy, Tackling the Housing Deficit in Remote Communities (Paper 1712).

      Debate continued.

      Paper Tabled: Mr Gunner (Member for Fannie Bay), by leave, laid upon the Table – Territory Labor Policy, Changing Our Future – Early Childhood Development Discussion Paper (Paper 1713).

      Paper Tabled: Mr Gunner (Member for Fannie Bay), by leave, laid upon the Table – Territory Labor Policy, Restoring Integrity to Government Trust and Integrity Reform Discussion Paper (Paper 1714).
Debate continued.
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Visitors: The Speaker advised Honourable Members of the presence in the gallery of two Year 3/4 classes from St Paul’s Catholic Primary school accompanied by Tessa Browett and Lauren Penny.

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

Debate suspended.
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Suspension of sittings: The sitting of the Assembly was suspended between 12.00pm and 2.00pm.
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7. NOTICES
      The following notices were given:

      1.Mr Elferink (Leader of Government Business) will move on the next sitting day that:
        1. Mr Barrett be discharged from the Legal and Constitutional Affairs Committee and Mr Westra van Holthe be appointed in his place.
          2. Mr Westra van Holthe be appointed the Chair of the Legal and Constitutional Affairs Committee.

        2. Mr Styles (Minister for Business) will present on the next sitting day a bill entitled – Red Tape Reduction (Miscellaneous Amendments) Bill 2016 (Serial 157).
    8. QUESTIONS

        2.01 Mr Gunner to Minister for Police, Fire and Emergency Services
        2.04 Mrs Finocchiaro to Chief Minister
        2.07 Mr Gunner to Minister for Police, Fire and Emergency Services
        2.11 Mrs Finocchiaro to Chief Minister
        2.15 Ms Manison to Minister for Police, Fire and Emergency Services
        2.19 Mr Kurrupuwu to Treasurer
        2.22 Ms Lawrie to Minister for Housing
        2.27 Mr Conlan to Treasurer
        2.30 Ms Fyles to Minister for Police, Fire and Emergency Services
        2.35 Mr Westra van Holthe to Minister Assisting the Treasurer

        Paper Tabled: Mr Barrett (Minister Assisting the Treasurer) laid upon the Table – List of Unions NT Executive Committee 2012-14 (Paper 1716).

        2.39 Mrs Lambley to Chief Minister
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        Withdrawal from Chamber: The Speaker ordered Mr Elferink (Member for Port Darwin) to withdraw from the Assembly for one hour pursuant to Standing Order 49.
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        2.44 Mr Conlan to Minister for Business
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        Visitors: The Speaker advised Honourable Members of the presence in the gallery of interpreters from the Interpreting and Translating Service NT.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
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        2.48 Ms Moss to Minister for Police, Fire and Emergency Services
        2.51 Mrs Finocchiaro to Chief Minister
        2.54 Ms Walker to Minister for Police, Fire and Emergency Services
        2.57 Mr Wood to Chief Minister

        Mr Giles (Chief Minister) asked that further questions be placed on the Written Question Paper.

        Mr Tollner (Minister for Lands and Planning) provided a response to Mr Wood regarding a question taken on notice on 15 March 2016.
    9. Personal Explanation - Member for Araluen
        Pursuant to Standing Order 26, having obtained leave from the Chair, Mrs Lambley (Member for Araluen) explained matters of a personal nature.
    10. MOTION - CONDEMN TERRITORY LABOR – MOTION AGREED TO
        Resumption of debate on the question – That this House condemns Territory Labor and its leader for creating a crisis in confidence by its anti-jobs stance for short-term political expediency that has resulted in companies laying off Territory workers; and in so doing so it has sent a serious message internationally that the Northern Territory under a potential Labor government is too high a risk for investment.

        Debate resumed.

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

        Debate continued.

        Extension of Time: On the motion of Mr Chandler (Member for Brennan), Mr Barrett (Member for Blain) was granted an extension of time.

        Debate continued.

        Question - put and passed.
    11. LOCAL COURT (REPEALS AND RELATED AMENDMENTS) BILL 2015 (serial 148) – 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.

        The Assembly resolved to consider the Bill in detail.
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        Consideration in Detail

        The Assembly considered the Local Court (Repeals and Related Amendments) Bill 2015 (Serial 148).

        Clauses 1 to 13 taken together and agreed to.

        Clause 14 read.

        Mr Elferink (Member for Port Darwin) moved the following amendment:

        Clause 14, proposed section 120

        omit, insert

        120 Property offences that may be dealt with summarily
            (1) Subject to section 122A, the Court may hear and determine summarily one or more charges of one or more indictable offences in relation to a defendant, at the same time, if:
                (a) each offence is against section 210, 219, 221, 224, 227 or 229 of the Criminal code, or is an attempt to commit such an offence; and

                (b) the value of the property involved for all of the offences ;being heard and determined does not exceed $50,000.
            (2) The jurisdiction conferred by subsection (1) may be exercised whether or not the defendant consents to its exercise.

    Amendment agreed to.

    Clause 14, as amended, agreed to.

    Clause 15 read.

    Mr Elferink (Member for Port Darwin) moved the following amendment:

    Clause 15, proposed section 124

    omit

    120 or 120A

    insert

    120, 121A or 131A

    Amendment agreed to.

    Clause 15, as amended, agreed to.

    Clause 16 read.

    Mr Elferink (Member for Port Darwin) moved the following amendment:

    Clause 16(1)

    omit, insert

    (1) Section 125(1)

    omit

    When a Magistrate proceeds to dispose of any case under section 120 or 121A

    insert

    If the Court decides to hear and determine a charge summarily under section 120, 121A or 131A

    Amendment agreed to.

    Clause 16, as amended, agreed to.

    Clauses 17 to 163 taken together and agreed to.

    Schedule 1 read.

    Mr Elferink (Member for Port Darwin) moved the following amendments:

    Schedule 1

    Insert (in numerical order)

    section 57A, heading inform of Schedule 3 issued

    section 60AC(1)(b) and (2) 201A 49 of the Local Court Act

    section 105D(1)(c) 201A 48 of the Local Court Act

    Amendment agreed to.

    Schedule 1

    omit

    section 57A(1) in the form in Schedule 3


    insert

    section 57A(1) in the form in Schedule 3 issued under section 57(2)

    Amendment agreed to.

    Schedule 1

    Omit

    section 106(1) all words from “before” to before the Court on a
    “defendant at” charge that may be heard
    and determined summarily
    under section 120 or 121A,
    if the Court is constituted by
    a judge the defendant may
    at

    the Magistrate the Court

    insert

    section 106A(1) all the words from “before” before the Court on a
    to “defendant at” charge that may be heard
    and determined summarily
    under section 120, 121A
    or 131A, if the Court is
    constituted by a Judge the
    defendant may at

    the Magistrate the Court

    Amendment agreed to.

    Schedule 1

    omit

    section 116(2) all the words from “shall must deliver these
    cause” to “thereof” documents to the proper
    office of the Supreme Court,
    before or at the opening of
    the Supreme Court, on the
    first day of the sitting

    Judge Supreme court Judge

    in the court

    insert

    section 116(2) all words from “shall must deliver these
    cause” to “thereof” documents to the proper
    officer of the Supreme
    Court, before or at the
    Opening of the Supreme
    Court, on the first day of
    sitting

                    Judge Supreme Court Judge

                    in the Court
    Amendment agreed to.

    Schedule 1

    omit

    section 122A(1) an offence being dealt a charge being heard
    with pursuant to summarily under

    Court: Court, the Court:

    insert

    section 122A(1) an offence being dealt a charge being heard
    with pursuant to section summarily under section
    120 or 121A 120, 121A or 131A

    Court: Court, the Court:

    Amendment agreed to.

    Schedule 1

    omit

    section 139 Justice shall forthwith relevant registrar must

    writing under the hand the relevant registrar
    of the clerk for the
    relevant district

    requires, and

    and the recognisances
    recognisance (if any),

    Court at which the Supreme Court
    Defendant is to appear for
    Sentence

    Judge who is to preside Supreme
    In the

    insert

    section 139 Justice shall forthwith relevant registrar must

    writing under the hand the relevant registrar
    of the clerk for the relevant
    district

    , as the case requires, and

    and the recognisances
    recognisance (if any),

    Court at which the defendant Supreme Court
    is to appear for sentence

    Judge who is to preside Supreme
    In the

    Amendment agreed to.

    Schedule 1

    omit

    section 141(1) he the defendant
    (all references)

    Court at Supreme Court at

    his the defendant

    any Judge presiding the Supreme
    over the

    insert

    section 141(1) he may the defendant may

    Court at which he Supreme Court at
    which the defendant

    his the defendant’s

    any Judge presiding the Supreme
    over the

    he thinks the Court

    Amendment agreed to.

    Schedule 1, as amended, agreed to.

    The remainder of the Bill was taken as a whole and agreed to.
        The Bill as amended was agreed to.
        _________________
        On the motion of Mr Elferink (Attorney-General and Minister for Justice) the Bill was read a third time and was passed to be a proposed law.
    _________________

        General Business: The time being 5.30pm, General Business commenced.
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    12. MOTION - PROPOSED NEW STANDING ORDER - MOTION AS AMENDED AGREED TO
        Mrs Price, (Member for Stuart) pursuant to notice, moved –

        That the Standing Orders of this Assembly be so amended as to allow the use of language other than English in this chamber, provided that for the purposes of Hansard, a translation of the words spoken by a Member must be provided directly following the speaking of language, or provided by way of tabling a copy of the Member’s remarks immediately upon the conclusion of the contribution.

        That this motion introduces a new Standing Order 23A that states:

        “A Member may rise to speak in any language other than English so long as an oral translation is provided in the English language by the same Member immediately subsequent to the words spoken in the language other than English, or a written translation is tabled (without the need to seek leave) immediately at the conclusion of the contribution by the Member in the language other than English.”

        Debate ensued.

        Paper Tabled: Ms Purick (Member for Goyder), by leave, laid upon the Table – Letter from Hon. Bess Nungarrayi Price, MLA, re use of language other than English in the Chamber, dated 12 February 2016 (Paper 1717).

        Paper Tabled: Ms Purick (Member for Goyder), by leave, laid upon the Table – Letter to Hon. Bess Nungarrayi Price, MLA, re use of the English language in the Legislative Assembly of the Northern Territory, dated 13 February 2016 (Paper 1718).

        Debate continued.

        Ms Purick, (Member for Goyder) moved the following amendment:

        Delete all words after “that” and insert the following words:

        The Standing Orders Committee is requested to inquire into and report to the Assembly with recommendations about the best procedure to allow Members to speak during debate in any language other than English and that the Standing Orders Committee reports back to the Assembly no later than the sitting week commencing Tuesday 24 May 2016.

        Debate ensued.

        Mr Elferink, (Member for Port Darwin) moved the following amendment:

        That the Standing Orders Committee report back no later than the sitting week commencing Tuesday 19 April 2016.

    Question – That the amendment to the amendment be agreed to, put and passed.

    Question – That the amendment as amended be agreed to, put and passed.
        Question – That the motion, as amended be agreed to, put and passed.
    13. REFERRAL TO COMMITTEE OF PRIVILEGES – MOTION NOT AGREED TO
        Resumption of debate on the motion

        1. That the Assembly refers to the Committee of Privileges the publication of two advertisements appearing in the Northern Territory News dated Friday 18 September and Monday 21 September which alleged that named Members of this Assembly prevented the passage of legislation which still remains on the Notice Paper

        2. The Committee investigates whether the creation and publication of the advertisements may constitute a contempt of the Legislative Assembly

        3. The Committee considers whether the Chief Minister or another identifiable person is responsible for the publication of the advertisements and

        4. The Committee reports back to the Assembly on its findings with recommendations the Committee Considers appropriate by or before the 17 March 2016.
    Debate resumed.

        Paper Tabled: Ms Manison (Member for Wanguri), by leave, laid upon the Table – emails from the Department of Chief Minister relating to the publication of the two advertisements in the NT News (Paper 1719).

        Debate continued.

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

        Debate continued.

        Question – put

        The Assembly divided:
          Ayes - 12 Noes - 13

          Ms Anderson Mr Barrett
          Ms Fyles Mr Chandler
          Mr Gunner Mr Conlan
          Mrs Lambley Mr Elferink
          Ms Lawrie Mrs Finocchiaro
          Mr McCarthy Mr Giles
          Ms Manison Mr Higgins
          Ms Moss Mr Kurrupuwu
          Ms Purick Ms Lee
          Mr Vowles Mrs Price
          Ms Walker Mr Styles
          Mr Wood Mr Tollner
          Mr Westra van Holthe
        Motion not agreed to.

    14. MEDICAL SERVICES AMENDMENT BILL 2015 (Serial 150)
        Resumption of debate on the question - That the Bill be now read a second time.

        Debate resumed.
    Debate suspended.
    _________________

        The time being 9.00pm, debate was suspended at the completion of General Business.
    _________________

    ________________

        Visitors: The Speaker advised Honourable Members of the presence in the gallery of Dr Belton and those who have been here today to observe the debate of this bill.

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

    15. REPORTS
        1. Public Accounts Committee Report – Public Private Partnership Arrangements for the Darwin Correctional Precinct – Consideration Adjourned
          2. Public Accounts Committee Report – Inquiry into Structural Separation of the Power and Water Corporation – Consideration Adjourned
          3. Committee on the Northern Territory’s Energy Future Report – Key Challenges and Opportunities: Issues Paper – Consideration Adjourned
            4. Auditor-General for the Northern Territory – Report to the Legislative Assembly, August 2015 – Consideration Adjourned
              5. Auditor-General for the Northern Territory – Report to the Legislative Assembly, February 2016 – Consideration Adjourned

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

              The Assembly adjourned at 9.15 pm until Thursday 17 March 2016 at 10.00am.
          ____________________
              PAPERS
              The following paper were deemed to have been tabled on 16 March 2016 -
              Regulation 2015:
              No. 804 of 2015, (New South Wales) Education and Care Services National Amendment Regulation 2015 (Paper 1715).
          ______________________

              ATTENDANCE
              All Members attended the sittings.

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