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Minutes of Proceedings - 2009-08-17

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

2. PRAYERS.

3. PETITIONS:

Responses:

The Clerk, pursuant to Standing Order 100A, presented a response to Petitions Nos. 10, 11, 12, 13, 14, 16, 20, and 21 (Paper 460) respectively relating to –

Closure of Ward 2 Birthing Services – Gove District Hospital;
Indigenous Women’s Protest on the Closure of Ward 2 birthing Service – Gove District Hospital;
Closure of the Coolalinga branch of the Territory Insurance Office;
Reduction in NT Operations Grant funding to the Wagait Shire;
Bilingual programs in Northern Territory Schools;
Woolianna Road Daly River Development;
Increase in Power and Water Charges; and
Prison construction in the Noonamah area.

The Clerk advised the Assembly the text of the responses would be incorporated in the

Hansard

record.

4. STATEMENT BY SPEAKER:

The Speaker advised Members that as part of parliamentary reforms, the government would not be presenting Ministerial Reports.

The Speaker laid on the Table the following Paper –

Letter, Hon Chris Burns to Hon J Aagaard, Speaker re conduct of Ministerial Reports, dated 17 August 2009 (Paper 461).

5. CARE AND PROTECTION OF CHILDREN AMENDMENT BILL 2009 (Serial 49):

Notice to present Bill:

The Minister for Child Protection (Ms McCarthy), by leave, gave notice informing the Assembly that, later on today she would present a Bill entitled – Care and Protection of Children Amendment Bill 2009 (Serial 49).

Ms McCarthy, by leave and pursuant to notice, presented a Bill for an Act to amend the

Care and Protection of Children Act

Bill read a first time.

Ms McCarthy moved – That the Bill be now read a second time.

Debate ensued.

Explanatory Statement:

Ms McCarthy laid on the Table the following Paper –

Explanatory Statement, Care and Protection of Children Amendment Bill 2009 (Paper 462).

On the motion of the Member for Araluen (Ms Carney) debate was adjourned.

6. CARE AND PROTECTION OF CHILDREN AMENDMENT BILL 2009 (Serial 49) – PASS BILL THROUGH ALL STAGES ON THURSDAY 20 AUGUST 2009:

The Minister for Child Protection (Ms McCarthy), by leave, moved – That so much of Standing Orders be suspended as would prevent the Care and Protection of Children Amendment Bill 2009 (Serial 49) passing through all stages on Thursday 20 August 2009.

Question – put and passed.

7. CANCER (REGISTRATION) BILL 2009 (Serial 46):

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.

Question – put and passed.

Bill read a second time.

The Assembly resolved itself into Committee of the Whole for consideration of the Bill.

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In Committee
(Chair and Deputy Speaker – Ms Walker)

Clauses 1 and 2, by leave, taken together and agreed to.

Clause 3 read.

On the motion of the Minister for Health (Mr Vatskalis) the following amendment was agreed to, after debate -

Clause 3, definition

Part 3 information

omit, substitute

Part 3 information means information:

(a) given to the Registrar under Part 3; or

(b) taken to be Part 3 information under section 26.

Clause 3, as amended, agreed to.

Clauses 4 to 25, by leave, taken together and agreed to.

Clause 26 read.

On the motion of Mr Vatskalis the following amendment was agreed to, after debate -

Insert

26 Information given under repealed Act

(1) Information given to the Registrar under section 5 of the repealed Act is taken to be Part 3 information for this Act.

(2) Section 10 applies in relation to details given to the Registrar under section 5 of the repealed Act as if the details were given under section 8 or 9 of this Act.

Clause 26, as amended, agreed to.

Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.

Bill to be reported with amendments.

______________________

The Assembly resumed; the Speaker took the Chair; the Deputy Speaker and Chair of Committees (Ms Walker) reported that the Committee had agreed to the Bill, with amendments.

And the Report was adopted.

On the motion of the Minister for Health (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.

Pairs:

The Speaker (Mrs Aagaard) laid on the Table a document relating to pairs for today which read as follows:

Member for Karama (Ms Lawrie) and the Member for Blain (Mr Mills) for the period 11.20am until 2pm today (Paper 463).

8. 60TH ANNIVERSARY OF THE FOUR GENEVA CONVENTIONS OF 1949 – MOTION AGREED TO:

The Chief Minister (Mr Henderson), by leave, moved - That the Assembly -

1. Notes the 60th anniversary of the Four Geneva Conventions of 1949;

2. Congratulates the International Red Cross and Red Crescent Movement on its continuous fostering of the principles of international humanitarian law to limit human suffering in times of armed conflict and to prevent atrocities, especially against civilian populations, the wounded and prisoners of war;

3. Recalls Australia's ratification of the conventions and of the two additional protocols of 1977;

4. Affirms all parliamentary measures taken in support of such ratification at the national level with cross party support;

5. Encourages the fullest implementation of the conventions and additional protocols by the military forces and civilian organisations of all nations;

6. Encourages ratification by all nations of the conventions and additional protocols;

7. Notes that Red Cross was formed in Australia in 1914 and that Australian Red Cross is represented on the government board of the International Federation of Red Cross and Red Crescent societies; and

Recognises the extraordinary contribution made by many individual Australians, including Australian Red Cross members, volunteers and staff in the Northern Territory, for the practical carrying into effect of the humanitarian ideals and legal principles expressed in the conventions and additional protocols.

Debate ensued.

Question – put and passed.

9. EDUCATION AND TRAINING IN THE TERRITORY, STRATEGIC DIRECTIONS – MOTION TO NOTE STATEMENT:

The Chief Minister (Mr Henderson) made a statement relating to the education and training in the Territory for the future of students and learning in remote rural and urban schools.

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

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Suspension of sittings:

The sittings of the Assembly was suspended between 12.06 and 2pm.

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Statement by Speaker:

The Speaker advised Members that her permission had been given for the National Indigenous Times media to take photographs in the Chamber this afternoon.

10. NOTICES:

The following notices were given:

Mr Mills: To present the Ombudsman Amendment Bill 2009 (Serial 52).

Mr Mills: To present the Sentencing Legislation Amendment (Crime of Murder) Bill 2009 (Serial 55).

Mr Mills: To move - That,

1. The Assembly establish a Select Committee to be known as the Territory Police Review Committee.

2. The Committee is to be comprised of one government member nominated by the Chief Minister and one opposition member nominated by the Leaders of the Opposition; one independent member with the chair of the committee being the opposition member and the Deputy Chair of the Committee being the government member with members being nominated no later than 20th August 2009.

3. The Committee be empowered to inquire into the number and staffing levels of the Northern Territory Police Force with a view to establishing and reporting on -

(a) the current number of police, including numbers in specific units and on general duties (including overtime worked by Territory Police), and the number of police needed to improve law and order in the Territory;

(b) current work practices of Territory police with particular reference to the process of arrest, including average time, and assessed against procedures in other jurisdictions;

(c) the level of resources provided to police and whether it is impacting on the capacity of police to fulfil their duties as required under law;

(d) the numbers, impact and interrelation of Federal Police with the Territory Police in the Northern Territory;

(e) the effectiveness of ACPO’s and Auxiliary Officers;

(f) a management plan in respect to all areas of inquiry above, informed by what is occurring in other jurisdictions;

(g) other matters relevant to the performance of Territory Police force; and

(h) any such issues relevant to this inquiry;

4. The Committee or an Sub-committee be empowered to send for persons, papers and records, to sit in public or in private session notwithstanding any adjournment of the Assembly, to adjourn from place to place and have leave to report from time to time its proceedings and the evidence taken and make such interim recommendations as it may deem fit, and to publish information pertaining to its activities from time to time.

5. The Committee be empowered to publish from day to day such papers and evidence as may be ordered by it, and, unless otherwise ordered by the Committee, a daily

Hansard

be published of such proceedings as take place in public.

6. The foregoing provisions of the resolution, so far as they are inconsistent with Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

The inquiry is to provide its final report to the Assembly by April 2010.

Mr Giles: To move – That, The Government reinstate open speed limits on the Victoria, Stuart and Barkly Highways, except in areas that are speed limited due to road works or road standards, no later than 1st September 2009.

Ms Carney: To present the Criminal Code Amendment (Child Sexual Offence) Bill 2009 (Serial 50).

Ms Carney: To present the Care and Protection of Children Amendment (Reporting Obligations) Bill 2009 (Serial 51).

Ms Carney: To move - That so much of Standing Orders be suspended as would prevent the Criminal Code Amendment (Child Sexual Offence) Bill 2009 (Serial 50); and Care and Protection of Children Amendment (Reporting Obligations) Bill 2009 (Serial 51), passing through all stages on the next General Business Day.

Mr Elferink: To move – That, the following matters be referred to the Standing Orders Committee for report no later than 13 October 2009:

Questions

Time limits on asking and answering questions;
Either a set number of questions from the opposition and other non-government members or a percentage of questions from non-government members;
The automatic right to a supplementary question from non-government questioners;
Question Time be moved to an earlier hour;
Implementing a stronger ‘relevance’ clause in the Standing Orders in respect to answers provided by Ministers to questions without notice;
Questioning of participants to parliamentary agreements;

Time Limits

The adjournment debate speech time limit be lifted to 10 minutes;
Removal of sitting time limitations;
Establishment of time limits for responses to questions ‘on notice’ or written questions to Ministers;

Processes

Removal of the ability to move the ‘put’ motion mid speech;
The Standing Orders be amended to reflect the requirement of the Speaker to recall parliament if petitioned by a majority of MLAs;
General Business be allocated time in each sitting week;

Estimates

Estimates process to be reviewed and reformed so as to significantly extend the hours provided for questioning including investigation of questioning to exhaustion;
Provide the ability to directly question public servants in the estimates process, with the Minister present, on matters of expenditure and programmes progress and outcomes.

Mr Elferink: To move – That, the membership of the Standing Orders Committee be expanded to include the addition of an Independent member of parliament, where the parliament has an independent member.

Mr Elferink: To move - That, there be additional sitting days of the Assembly on Monday 12th October and Monday 23rd November 2009.

Mr Elferink: To move - That for the remainder of this parliamentary session Standing Order 21A be amended by inserting -

"(2A) The Committee, if it is of the opinion that any matter should be brought to the notice of the Assembly, may inquire into and report to the Legislative Assembly on any such matter in connection with the public accounts of the Northern Territory.".

Mr Conlan: To move – That,

1. The Assembly appoint a committee to be known as the Select Committee on the Territory Health Services, comprising -

one government member nominated by the Chief Minister and one opposition member nominated by the Leader of the Opposition;

one independent member with the Chair of the committee being the Opposition member and the Government member Deputy Chair of the Committee, with members being nominated no later than 20th August 2009.

2. The Committee be empowered to inquire into and report on the provision of health services in the Territory and the efficiency of the Territory hospitals, with particular references to:

(a) health funding and outcomes as a result of this funding including Territory and Federal funding;

(b) blockages within the health system;

(d) type, number of and effectiveness of primary healthcare measures, programmes and policies;

(e) staffing of the health system including areas of staffing need, staffing shortages and staff turnover rates and staffing morale;

(f) effectiveness of service delivery and outcome improvements within regional and remotes communities;

(g) appropriateness of the Health department organisational structure;

(h) use of private healthcare services, elective waiting lists, outpatient waiting lists and service standards within our hospitals and clinics;

(i) The terms and conditions of the grant of federal funding to the NT and the application of that funding to Territory Health services;

(j) the outcomes, improvements and state of dental health and dental health funding in the Territory;

(k) the role and efficacy of Hospital Boards in the NT;

(l) short, medium and long term health needs planning and associated future funding and programmes in the Territory; and

(m) any such issues relevant to this inquiry.

3. The Committee or a Sub-committee be empowered to send for persons, papers and records, to sit in public or in private session notwithstanding any adjournment of the Assembly, to adjourn from place to place and have leave to report from time to time its proceedings and the evidence taken and make such interim recommendations as it may deem fit, and to publish information pertaining to its activities from time to time.

4. The committee have an inquiry term of 6 months from its date of establishment, with a requirement to provide a final report to be tabled within the Assembly no later than March 2010.

5. The Committee be empowered to publish from day to day such papers and evidence as may be ordered by it, and, unless otherwise ordered by the Committee, a daily

Hansard

be published of such proceedings as take place in public.

6. The foregoing provisions of the resolution, so far as they are inconsistent with Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

11. QUESTIONS:

2.10pm Mr Mills to Mr Henderson.

2.14pm Mr Gunner to Mr Henderson.

2.17pm Mr Mills to Mr Henderson.

2.20pm Ms Walker to Mr Knight.

2.24pm Mr Mills to Mr Henderson.

2.28pm Mr Wood to Ms Lawrie.

2.31pm Mr Mills to Mr Henderson.

2.34pm Ms Scrymgour to Mr Henderson.

2.36pm Mr Mills to Mr Henderson.

2.40pm Mr Gunner to Mr Henderson.

2.41pm Mr Mills to Mr Henderson and referred to Mr Knight.

2.44pm Ms Walker to Ms Lawrie.

2.46pm Mr Mills to Mr Henderson and referred to Mr Knight.

2.49pm Ms Scrymgour to Ms Lawrie.

2.52pm Mr Mills to Mr Henderson.

2.54pm Mr Gunner to Mr Hampton.

2.55pm Mr Wood to Mr Henderson.

2.57pm Mr Mills to Mr Henderson.

Statement by Speaker:

The Speaker made a statement relating to Member’s exercise of their right of “Freedom of Speech”.

3.02pm Ms Walker to Mr Vatskalis.

3.05pm Mr Mills to Mr Henderson.

3.08pm Mr Gunner to Mr Knight.

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

12. EDUCATION AND TRAINING IN THE TERRITORY, STRATEGIC DIRECTIONS – STATEMENT NOTED:

The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question - That the Assembly take note of the Statement.

Debate resumed.

Extension of time:

On the motion of the Member for Barkly (Mr McCarthy) the Leader of the Opposition (Mr Mills) was granted an extension of time, pursuant to Standing Order 77.

Debate continued.

Extension of time:

On the motion of the Member for Drysdale (Mr Bohlin) the Member for Braitling (Mr Giles) was granted an extension of time, pursuant to Standing Order 77.

Debate continued.

Question – put and passed.

13. MATTER OF PUBLIC IMPORTANCE – FAILURE OF HENDERSON GOVERNMENT:

The Speaker advised the Assembly that the Leader of the Opposition (Mr Mills) had proposed the following definite Matter of Public Importance for discussion this day:

“The failure of the Henderson Labor Government to recognise and fix the problems confronting Territorians and implement a timetable for action to get things done across the Territory.”.

The proposed discussion having received the necessary support -

Discussion ensued.

Pairs:

The Speaker (Mrs Aagaard) laid on the Table a further document relating to pairs for today as follows:

Member for Casuarina and the Member for Araluen for the period 6pm until the rising of the Assembly today (Paper 464).

Discussion continued.

Discussion concluded.

14. ADJOURNMENT -

The Minister for Housing (Mr Knight) moved – That the Assembly do now adjourn.

Debate ensued.

And the Assembly adjourned at 9.04pm until Tuesday, 18 August 2009 at 10am.

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PAPERS:

There were no Papers deemed to have been presented on Monday 17 August 2009.

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ATTENDANCE:

All Members attended the sittings.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 2009-08-17