Department of the Legislative Assembly, Northern Territory Government
Department of the Legislative Assembly, Northern Territory Government

https://parliament.nt.gov.au
PRINT
Business
Home About Parliament Business
Parliamentary Record (Hansard) and Minutes of Proceedings with Advance Search
Meeting Documents
Tabled Papers
Standing and Sessional Orders
Northern Territory Legislation
Petitions and Responses
Written Questions
Summary of Meetings
Condolence Motions
Members Committees The Department

Minutes of Proceedings - 2011-08-09

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

2. PRAYERS.

3. VISITORS:
      The Speaker advised Members of the presence in the public gallery of Wagaman Primary School Year 5/6 students accompanied by Ms Lisa McLean.
      On behalf of all Members the Speaker extended a warm welcome to the visitors.

4. JUSTICE (CORRECTIONS) AND OTHER LEGISLATION AMENDMENT BILL 2011 (Serial 167):
      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 Speaker advised Members of the presence in the public gallery of Holy Family Primary School Year 5/6 students accompanied by Ms Julie Andrews.
      On behalf of all Members the 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.
___________________
    5. NOTICES:
        The following Notices were given:

        Dr Burns: To move – That paragraph 1 of the resolution of the Assembly, dated 4 May 2011 referring the Animal Welfare Governance in the Northern Territory to the Council of Territory Cooperation (CTC), be amended as follows –
                    Omit “August” and insert in its stead “October”.
        Mr Hampton: To present the Heritage Bill 2011 (Serial 169).
    6. PERSONAL EXPLANATION:
        The Member for Araluen (Mrs Lambley) made a personal explanation in regard to her debate made on 8 August 2011 during the adjournment debate concerning the Growing Them Strong, Together, Child Protection External Monitoring Report.
    7. QUESTIONS:
        2.02pm Mr Mills to Mr Henderson.
        2.04pm Ms Scrymgour to Mr Henderson.
        2.08pm Mr Mills to Mr Henderson.
        2.11pm Ms Walker to Ms Lawrie.
        2.15pm Mr Mills to Mr Henderson.
        2.18pm Mr Wood to Mr Hampton.
        2.20pm Mr Gunner to Ms Lawrie.
        Paper tabled: The Treasurer (Ms Lawrie) laid on the Table the following Paper -
    Alcohol Reform Program - Enough is Enough – by Northern Territory Government (Paper 1427).

        2.23pm Mrs Lambley to Mr Vatskalis.
        2.29pm Ms Scrymgour to Mr Vatskalis.
        2.31pm Mr Wood to Mr Vatskalis.
        2.33pm Mr Giles to Mr Vatskalis.
        2.36pm Ms Walker to Ms Lawrie.
        2.39pm Mrs Lambley to Mr Vatskalis.
        2.42pm Ms Anderson to Mr Henderson.
        2.44pm Mr Gunner to Ms Lawrie.
        2.47pm Mrs Lambley to Mr Vatskalis.
        2.49pm Ms Scrymgour to Ms M McCarthy.
        2.51pm Mrs Lambley to Mr Vatskalis.
        2.53pm Mr Gunner to Mr Vatskalis.
        2.57pm Mr Wood to Mr Henderson.
        2.59pm Mrs Lambley to Mr Vatskalis.
        2.59pm Ms Walker to Mr G McCarthy.

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

    7. JUSTICE (CORRECTIONS) AND OTHER LEGISLATION AMENDMENT BILL 2011 (Serial 167):
        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.
        Extension of time: On the motion of the Member for Katherine (Mr Westra van Holthe) the Member for Sanderson (Mr Styles) was granted an extension of time, pursuant to Standing Order 77.

        Debate continued.
        Extension of time: On the motion of the Member for Nhulunbuy (Ms Walker) the Member for Barkly (Mr McCarthy) was granted an extension of time, pursuant to Standing Order 77.

        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 21, by leave, taken together and agreed to.
        Clause 22 read.
        On the motion of Mr McCarthy the following amendment was agreed to –
          Clause 22, proposed section 101(3)(e) to (g)

          omit

          or community based order

          insert

          , community based order or community custody order


        Clause 22, as amended, agreed to.
        Clauses 23 to 31, by leave, taken together and agreed to, after debate.
        Paper tabled: The Minister for Correctional Services (Mr McCarthy) laid on the Table the following Paper –
    Notes of Minister McCarthy re How is a Community Custody Order different to Home Detention Orders or a Suspended Sentence, paragraph 3.35 to 3.37 (Paper 1428);
    Notes of Minister McCarthy re How is a Community Custody Order different to Home Detention Orders or a Suspended Sentence, paragraph 3.35 and 3.36 (Paper 1430); and
    Letter, Ms Priscilla Collins, Chief Executive Officer, NAAJA to Hon Gerry McCarthy, Minister for Correctional Services re Response to the New Era in Corrections, dated 23 February 2011 (Paper 1429).

        Clause 32 read.
        Clause 32 negatived.
        New Clause 32 - On the motion of Mr McCarthy the following New Clause 32 was inserted in the Bill, after debate.
            32 Part 12, Division 5 inserted
                  After section 132

                  insert


            Division 5 Transitional matters for Justice (Corrections) and Other Legislation Amendment Act 2011

            133 Community based orders and community custody orders for pre-commencement offences

                  To avoid doubt, a court may make a community based order or community custody order for an offender for an offence committed before the commencement of this section.

          Schedule 1 read.
          On the motion of Mr McCarthy the following amendment was agreed to, after debate -
            Schedule 1, at the end

            insert

            Part IX, heading Part IX Part 9


          Schedule 1, as amended, agreed to.
          Schedule 2 read.
          On the motion of Mr McCarthy the following amendment was agreed to, after debate -
              omit

              after section 4

              insert

              after section 3R

          On the motion of Mr McCarthy the following further amendment was agreed to, after debate -
            omit

            section 16(b)

            insert

            section 16(c)


          Schedule 2, as amended, agreed to.
          Schedule 3 agreed to.
          Schedule 4 read.
          On the motion of Mr McCarthy the following amendment was agreed to, after debate –
            Schedule 4, Part 1, before entry for amendment of

            section 39(1)(f)


              insert

              section 3(1),

              definition SMART Court and Misuse Misuse

          Schedule 4, 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 Correctional Services (Mr McCarthy) the Bill was read a third time and passed to be a proposed law.
      8. AUDITOR-GENERAL’S FEBRUARY 2011 – REPORT NOTED:
          The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
          Debate resumed.
          Question – put and passed.

      9. MATTER OF PUBLIC IMPORTANCE – CHILD CARE PROTECTION UNDER DEPARTMENT OF CHILDREN AND FAMILIES:
          The Speaker advised the Assembly the Member for Araluen (Mrs Lambley) had proposed the following definite Matter of Public Importance for discussion this day:
              That the Northern Territory Government needs to answer serious questions regarding the oversight of children in the care and protection of the Chief Executive Officer of the Department of Children and Families.

          The proposed discussion having received the necessary support –
          Discussion ensued.
          Discussion concluded.
      14. ADJOURNMENT, Automatic:
          The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
          Debate ensued.
          And the Assembly adjourned at 10.04pm until Wednesday, 10 August 2011 at 10am.
          ________________

          PAPERS:
          There were no Papers deemed to have been presented on Tuesday, 9 August 2011.
      _________________
          ATTENDANCE:
      All Members attended the sittings.
      Last updated: 04 Aug 2016
      ￴