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Minutes of Proceedings - 2011-10-27

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

    2. PRAYERS.

    3. STATEMENT BY SPEAKER:
        The Speaker advised Members to remove documents and any personal materials from their chamber desks to facilitate the conduct of the swearing-in of the new Administrator of the Northern Territory, Her Honour the Honourable Sally Thomas AM, in the Parliamentary Chamber on Monday 31 October 2011.
    4. VISITORS:
        The Speaker advised Members of the presence in the public galleries of Palmerston Christian School Year 8 students accompanied by Mrs A Abbott and Miss A Taylor.

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

    5. WORK HEALTH ADMINISTRATION BILL 2011 (Serial 184); WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2011 (Serial 185); AND WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) BILL 2011 (Serial 186):
        Suspension of Standing Orders – Take three Bills together: The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, moved – That so much of the Standing Orders be suspended as would prevent three Bills entitled –

    Work Health Administration Bill 2011 (Serial 184);
      Work Health and Safety (National Uniform Legislation) Implementation Bill 2011 (Serial 185); and
        Work Health and Safety (National Uniform Legislation) Bill 2011 (Serial 186),
            (a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the bills together; and
            (b) the consideration of the Bills separately in the Committee of the Whole.

            Debate ensued.
            Question – put and passed.
            The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bills for an Act, to provide for the Work health Authority and Work Health Court; to provide for the implementation of the Work Health and Safety (National Uniform Legislation) Act 2011, and for other purposes; and about work health and safety, and for related purposes.

            Bills read a first time.
            Ms Lawrie moved – That the Bills be now read a second time.
            Debate ensued.
            Paper tabled: Ms Lawrie laid on the Table the following Paper –
        Explanatory Statement, Work Health Bills 2011 (Paper 1535).

            On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.

        6. CONSTITUTIONAL CONVENTION (ELECTION) BILL 2011 (Serial 178):
            The Chief Minister (Mr Henderson), pursuant to notice, presented a Bill for an Act to provide for the election of delegates to the Constitutional Convention, and for other purposes.
            Bill read a first time.
            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, Constitutional Convention (Election) Bill 2011 (Paper 1536).

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

        7. PAIRS:
            The Speaker advised Members of the following Pair arrangements for 27 October 2011 and Tabled the documents -
        Scrymgour, Ms, with the Member for Port Darwin (Mr Elferink), period 11.30am to 12Noon, 27 October 2011 (Paper 1537); and
        Vatskalis, Mr, with the Member for Blain (Mr Mills), period 6pm to 10pm, 27 October 2011 (Paper 1538).
          8. MINING MANAGEMENT AMENDMENT BILL 2011 (Serial 162):
              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.
              ___________________

              Suspension of sittings: The sittings of the Assembly were suspended between 11.54am and 2pm.
              ___________________

              Visitors: The Speaker drew the attention of Members to the presence in the public galleries of officers from the Department of Resources and also Mr John Fogarty from the United States Environment Protection Authority. Mr Fogarty is in Darwin to speak at the Australasian Environmental Law Enforcement and Regulatory Network Conference which is being held at the Convention Centre this Thursday and Friday.

              On behalf of all Members the Speaker extended a warm welcome.
          9. QUESTIONS:
              2pm Mr Mills to Mr Henderson.
              2.03pm Ms Scrymgour to Mr Henderson.
              2.06pm Mr Westra van Holthe to Ms M McCarthy.
              2.10pm Ms Walker to Mr Vatskalis.
              2.13pm Mr Tollner to Mr G McCarthy.
              2.16pm Mr Wood to Mr G McCarthy.
              2.20pm Mr Gunner to Ms Lawrie.
              2.23pm Ms Lambley to Mr Vatskalis.
              2.25pm Ms Scrymgour to Mr Hampton.
              2.30pm Mr Wood to Dr Burns.
              2.33pm Mr Chandler to Dr Burns.
              Paper tabled: Dr Burns laid on the Table the following Paper –
          Promotion Appeals Statistics (Paper 1539).

              2.35pm Mr Gunner to Mr G McCarthy.
              2.39pm Mr Conlan to Mr Henderson.
              2.43pm Mr Gunner to Mr Hampton.
              2.45pm Mr Mills to Mr Henderson.
              2.49pm Mr Gunner to Ms Lawrie.
              2.51pm Mr Mills to Mr Henderson.

              And the Leader of the Opposition (Mr Mills) in asking the question of the Chief Minister (Mr Henderson) proceeded to move a motion to suspend Standing Orders.
              ________________

              Suspension of Standing Orders: And the Leader of the Opposition (Mr Mills) moved – That so much of Standing Orders be suspended as would prevent him from censuring the government for its performance and general state of crisis in the Territory.

              The Leader of Government Business (Dr Burns) informed the Assembly that the government accepted the motion as a censure motion, pursuant to Standing Order 95.
              ________________
          10. CENSURE OF GOVERNMENT – LAW AND ORDER, CHILD WELFARE, CONTAINER DEPOSIT, CRIME STATISTICS AND CRISIS GOVERNMENT – MOTION NEGATIVED:
              The Leader of the Opposition (Mr Mills) moved – That the Assembly censure the government for -
              1. Conduct leading to the government being in a state of crisis namely:
          An inability to properly address law and order;
          The complete neglect of the people of Central Australia;
          Lumbering every Territorian with unsustainable levels of debt;
          Recklessly spending GST revenues;
          Driving up the cost of living through failed land release policies;
          Standing with Julia Gillard in support of the live cattle bans;
          Failing to stand up for Territorians on Carbon Tax, despite the support of parliament to do so;
          Repeatedly ignoring the motions of this house;
          Presiding over the tragic backyard death of a child in government care;
          The negligent handing of the Mataranka cattle cruelty case;
          Mismanaging the Container Deposit Legislation;
          Failures on the Montara oil spill;
          Disastrous mismanagement of Local Government Reform;

              2. Conduct arising out of the government’s crisis management and consequently lying to Territorians, this house, the Territory population and ultimately themselves, by:
          Deliberately withholding crime statistics;
          Falsifying records in Child Protection;
          Bullying public servants and hiring a private detective to intimidate a whistleblower;
          Purposely delaying the investigation of Mataranka to avoid prosecution;
          Knowingly delaying the release of pollution levels in the Harbour;
          Deliberately misleading Territorians on the true cost of Container Deposit Legislation;
          Lying about the culpability of government for the Montara oil spill;
          Engaging in deceitful, gutter politics rather than governing for all Territorians.

              Debate ensued.
              ______________

              Suspension of Member: The Member for Greatorex (Mr Conlan) having previously been warned by the Speaker about his unruly interjections and then having continued to loudly interject -
              The Speaker (Mrs Aagaard) thereupon ordered the Member for Greatorex (Mr Conlan) to withdraw from the Chamber for a period of one hour, pursuant to Standing Order 240A, effective from 3.25pm.
              Accordingly the Member for Greatorex (Mr Conlan) withdrew from the Chamber.
              ______________

              Debate resumed.
              Question - That the motion be agreed to - put.
              The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

              AYES, 12 NOES, 12

              Ms Anderson Mrs Aagaard
              Mr Bohlin Dr Burns
              Mrs Lambley Mr Gunner
              Mr Chandler Mr Hampton
              Mr Conlan Mr Henderson
              Mr Elferink Mr Knight
              Mr Giles Ms Lawrie
              Mr Mills Ms McCarthy
              Ms Purick Mr McCarthy
              Mr Styles Ms Scrymgour
              Mr Tollner Mr Vatskalis
              Mr Westra van Holthe Ms Walker

              Pursuant to section 27(1) of the Northern Territory (Self-Government) Act there being an equality of votes in the Division the result of the Division is accordingly resolved in the negative.
          11. MINING MANAGEMENT AMENDMENT BILL 2011 (Serial 162):
              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.
              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)

              Bill, by leave, taken as a whole.
              Debate ensued.
              Bill as printed, 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.
              Report adopted.
              On the motion of the Minister for Primary Industry, Fisheries and Resources (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
          12. OMBUDSMAN FOR THE NORTHERN TERRITORY, 2009/2010 – REPORT NOTED:
              The Order of the Day having been read for the resumption of the debate on the question – That the Assembly take note of the Report -
              Debate resumed.
              Question – put and passed.
          13. ALCOHOL REFORMS, PROGRESS – 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 Karama (Ms Lawrie) the Member for Arafura (Ms Scrymgour) was granted an extension of time, pursuant to Standing Order 77.

              Debate continued.
              Question – put and passed.
          14. PERSONAL EXPLANATION:
              The Member for Arafura (Ms Scrymgour) made a personal explanation in relation to comments she made during Questions this day concerning the Member for Greatorex (Mr Conlan).
          15. INDIGENOUS DEVELOPMENT, STRONG FAMILIES, STRONG COMMUNITIES – 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.
              Quorum: The Member for Braitling (Mr Giles) drew the attention of the Speaker to the state of the Assembly.
              The Bells having been rung.
              And a Quorum having been obtained -
              Debate resumed.
              On the motion of the Treasurer (Ms Lawrie) debate was adjourned.
          16. AUDITOR-GENERAL'S OCTOBER 2011 REPORT TO THE LEGISLATIVE ASSEMBLY - PAPER TABLED - MOTION TO NOTE REPORT:
              The Speaker laid on the Table the Auditor-General's October 2011 Report to The Legislative Assembly (Paper 1585).
              Dr Burns moved – That the Report be printed.
              Question – put and passed.
              Dr Burns moved – That the Assembly take note of the Report and leave be granted to continue his remarks at a later hour.
              Debate adjourned.
          17. OMBUDSMANNT FOR THE NORTHERN TERRITORY, THIRTY THIRD ANNUAL REPORT 2010/2011 – PAPER TABLED – MOTION TO NOTE REPORT:
              The Minister for Education (Dr Burns), on behalf of and at the request of the Chief Minister (Mr Henderson), laid on the Table the OmbudsmanNT Thirty Third Annual Report, 2010/2011 (Paper 1586).
              Dr Burns moved – That the Report be Printed.
              Question – put and passed.
              Dr Burns moved – That the Assembly take note of the Report and leave be granted to continue his remarks at a later hour.
              Debate adjourned.
          18. TREASURER'S ANNUAL FINANCIAL REPORT 2010/2011 - PAPER TABLED - MOTION TO NOTE REPORT:
              The Treasurer (Ms Lawrie) laid on the Table the Treasurer's Annual Financial Report, 2010/2011 (Paper 1587).
              Ms Lawrie made a statement relating thereto.
              Ms Lawrie moved – That the Report be Printed.
              Question – put and passed.
              Ms Lawrie moved – That the Assembly take note of the Report.
              On the motion of the Treasurer (Ms Lawrie) leave was granted to continue her remarks at a later hour.
              Debate adjourned.
          19. ADJOURNMENT:
              The Leader of Government Business (Dr Burns) moved – That the Assembly do now adjourn.
              Debate ensued.
              Incorporation of document: The Member for Nhulunbuy (Ms Walker), by leave, had a list of names of children incorporated into the Hansard record.
              Debate continued.
              And the Assembly adjourned at 8.25pm until 21 November 2011 at 10am.
              ________________

              PAPERS:
              The following Papers were deemed to have been presented on 27 October 2011 –

              Annual Reports
              Batchelor Institute Indigenous Tertiary Education 2010, Volume 1 (Paper 1540)
              Batchelor Institute Indigenous Tertiary Education 2010, Volume 11 (Paper 1541)
              Community Benefit Fund, 2010/2011 (Paper 1559)
              Community Justice Centre, 2010/2011 (Paper 1561)
              Darwin Port Corporation, Australia’s Northern Gateway of Choice, 2010/2011 (Paper 1545)
              Department of Business and Employment, 2010/2011 (Paper 1542)
              Department of the Chief Minister, 2010/2011 (Paper 1577)
              Department of Children and Families, 2010/2011 (Paper 1574)
              Department of Construction and Infrastructure, 2010/2011 (Paper 1544)
              Department of Health, 2010/2011 (Paper 1573)
              Department of Housing, Local Government and Regional Services, 2010/2011 (Paper 1543)
              Department of Justice, 2010/2011 (Paper 1554)
              Department of Lands and Planning, 2010/2011 (Paper 1548)
              Department of the Legislative Assembly, 2010/2011 (Paper 1584)
              Department of Natural Resources, Environment, The Arts and Sport, 2010/2011 (Paper 1579)
              Director of Public Prosecutions Northern Territory of Australia, 2010/2011 (Paper 1560)
              Electrical Safety Regulator, Electricity Reform Act, 2010/2011 (Paper 1556)
              Electrical Workers and Contractors Licensing Board, 2009/2010 (Paper 1551)
              Electrical Workers and Contractors Licensing Board, 2010/2011 (Paper 1552)
              Environment Protection Authority, 2010/2011 (Paper 1553)
              Freedom of Information, Privacy Protection and Public Interest Disclosures in the Northern Territory, 2010/2011 (Paper 1566)
              Heritage Advisory Council (Twentieth), 2010/2011 (Paper 1578)
              Lands, Planning and Mining Tribunal, 2010/2011 (Paper 1563)
              Legislative Assembly Members’ Superannuation Fund, 2010/2011 (Paper 1571)
              Mental Health Review Tribunal, 2010/2011 (Paper 1555)
              Museums and Art Galleries Board of the Northern Territory, 2010/2011 (Paper 1547)
              NT Community Visitor Program, 2010/2011 (Paper 1572)
              Northern Territory Anti-Discrimination Commission, 2010/2011 (Paper 1565)
              Northern Territory Government and Public Authorities’ Superannuation Scheme, 2010/2011 (Paper 1570)
              Northern Territory Licensing Commission, 2010/2011 (Paper 1567)
              Northern Territory Plumbers and Drainers Licensing Board for the year ended 30 September 2009 (Paper 1549)
              Northern Territory Plumbers and Drainers Licensing Board for the year ended 30 September 2010 (Paper 1550)
              Northern Territory Treasury, 2010/2011 (Paper 1568)
              Northern Territory Treasury Corporation, 2010/2011 (Paper 1569)
              Office of the Commissioner for Public Employment, 2010/2011 (Paper 1575)
              Office of the Commissioner for Public Employment – State of the Services Report, 2010/2011 (Paper 1576)
              Power and Water Corporation, 2010/2011 (Paper 1546)
              Professional Standards Councils, 2010/2011 (Paper 1564)
              Public Accounts Committee, 2010/2011 (Paper 1588)
              Public Accounts Committee, Report on Examination of Auditor-General’s Reports, October 2011 (Paper 1589)
              Surveillance Devices Act, Annual Reporting Requirement 2010 (Paper 1583)
              Utilities Commission, 2010/2011 (Paper 1562)
              Workplace Health and Safety Advisory Council, 2010/2011 (Paper 1557)
              Workers Rehabilitation and Compensation Advisory Council, 2010/2011 (Paper 1558)

              Financial Management Act
              Authorisation – Issue of Increased Funds available from Commonwealth (Section 19A(2), dated 29 June 2011 (Paper 1580)
              Direction – Transfer of Excess Appropriations (Section 20(1), dated 29 June 2011 (Paper 1581)

              Liquor Act
              Legislative Reporting Requirements under the Liquor Act – Banning notices and exclusions orders in designated areas (Paper 1582)
          _________________
              ATTENDANCE:
              All Members attended the sittings.


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