Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2010-06-09

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

    2. PRAYERS.
        Visitors: The Speaker advised Members of the presence in the public gallery of St Mary’s Primary School students accompanied by Ms Rachel Butt and Mrs Suzanne Kinnell.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.

    3. PETITIONS:
        The Member for Goyder (Ms Purick) presented Petition No. 35 from 905 petitioners relating to Wongabilla Equestrian Centre management by the Police and Citizens Youth Club (Paper 801).
        Petition read.

        The Member for Goyder (Ms Purick) presented Petition No. 36 from 85 petitioners relating to a new Taminmin College Library extension (Paper 802).
        Petition read.

        The Member for Goyder (Ms Purick) presented Petition No. 37 from 38 petitioners relating to a Secure Care Facility location on Lowther Road, Bees Creek, Hundred of Strangways, rescind decision (Paper 803).
        Petition read.

    4. PERSONAL EXPLANATION:
        The Member for Goyder (Ms Purick), by leave of the Speaker, made a personal explanation relating to comments made by the Chief Minister yesterday during Question Time and her comments as the former Executive Officer of the Minerals Council.
    5. NEXT MEETING – MOTION AGREED TO:
        The Leader of Government Business (Dr Burns), pursuant to notice, moved - That, the Assembly at its rising on 10 June 2010 adjourn until 5.30 pm on Friday 18 June 2010, or such other time as notified by the Speaker, with one hour’s notice being given to Government and Opposition Whips and Members by the Speaker, or such other time and/or date as may be advised by the Speaker, pursuant to Sessional Order.
        Debate ensued.
        Question – put and passed.
    6. ROUTINE OF BUSINESS, FRIDAY 18 JUNE 2010 – MOTION AGREED TO:
        The Leader of Government Business (Dr Burns), pursuant to notice, moved - That, the Routine of Business for Friday 18 June 2010 be as follows:
        (1) Prayers
        (2) Petitions
        (3) Notices
        (4) Government Business – Notices
        (5) Government Business - Orders of the Day
            (a) In Committee: report of the Estimates Committee consideration of the Appropriation (2010-2011) Bill 2010 (Serial 99) and Government Owned Corporations Scrutiny Committee consideration of the financial and management practices of the Power and Water Corporation as referenced in its Statement of Corporate Intent for 2010/2011.
          Question – put and passed.
        7. APPROPRIATION (2010-2011) BILL 2010 (Serial 99) and BUDGET RELATED PAPERS REFERRED TO ESTIMATES COMMITTEE – MOTION AGREED TO:
            The Leader of Government Business (Dr Burns), pursuant to notice, moved - That, pursuant to paragraph 2 of the Order of the Assembly, dated 5 May 2010, the Budget Papers 2010/2011 together with the Appropriation (2010-2011) Bill 2010 (Serial 99) be referred to the Estimates Committee for inquiry and report.
            Debate ensued.

            Question – put and passed.
          8. JUSTICE LEGISLATION AMENDMENT (COMMITTALS REFORM) BILL 2010 (Serial 106):
              The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Justices Act and Youth Justice Act.
              Bill read a first time.
              Ms Lawrie moved – That the Bill be now read a second time.
              Debate ensued.
              Paper tabled: Ms Lawrie laid on the Table the following Paper -
          Explanatory Statement, Justice Legislation Amendment (Committals Reform) Bill 2010 (Paper 804).

              On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
          9. TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) BILL 2010 (Serial 110):
              The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to provide for the transport of dangerous goods by road or rail, and for related purposes.
              Bill read a first time.
              Ms Lawrie moved – That the Bill be now read a second time.
              Debate ensued.
              Paper tabled: Ms Lawrie laid on the Table the following Paper -
          Explanatory Statement, Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Bill 2010 (Paper 805).

              On the motion of the Member for Goyder (Ms Purick) debate was adjourned.
          10. STATUTE LAW REVISION BILL 2010 (Serial 111):
              The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to revise and correct the law of the Territory in minor respects.
              Bill read a first time.
              Ms Lawrie moved – That the Bill be now read a second time.
              Debate ensued.
              Paper tabled: Ms Lawrie laid on the Table the following Paper -
          Explanatory Statement, Statute Law Revision Bill 2010 (Paper 806).

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

          11. HEALTH PRACTITIONER (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION AMENDMENT BILL 2010 (Serial 107) – PASS BILL THROUGH ALL STAGES:
              Suspension of Standing Orders – Pass Bill through all stages: The Minister for Health (Mr Vatskalis), pursuant to notice, moved – That so much of Standing Orders be suspended as would prevent the Health Practitioner (National Uniform Legislation) Implementation Amendment Bill 2010 (Serial 107) being passed through all stages on Thursday 10 June 2010.
              Question – put and passed

          12. ENVIRONMENTAL OFFENCES AND PENALTIES AMENDMENT BILL 2010 (Serial 109):
              The Minister for Natural Resources, Environment and Heritage (Mr Hampton), pursuant to notice, presented a Bill for an Act to amend the Environmental Offences and Penalties Act 1996.
              Bill read a first time.
              Mr Hampton moved – That the Bill be now read a second time.
              Debate ensued.
              Paper tabled: Mr Hampton laid on the Table the following Paper -
          Explanatory Statement, Environmental Offences and Penalties Amendment Bill 2010 (Paper 807).
              Debate continued.
              Leave denied: Leave denied Mr Elferink to continue his remarks at a later hour.
              On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.

          13. BUILDING LEGISLATION AMENDMENT BILL 2010 (Serial 108) – PASS ALL STAGES:
              Suspension of Standing Orders – Pass Bill through all stages: The Minister for Lands and Planning (Mr McCarthy), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent the Building Legislation Amendment Bill 2010 (Serial 108) being passed through all stages on Thursday 10 June 2010.
              Question – put and passed.

          14. FINANCIAL TRANSACTION REPORTS AMENDMENT BILL 2010 (Serial 101):
              The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second a time –
              Debate resumed.
              Question – put and passed.
              Bill read a second time.
              Leave granted for a motion for the third reading of the Bill to be moved forthwith.
              On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
          15. APPROPRIATION (2010/2011) BILL 2010 (Serial 99):
              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.
              __________________

              Ordered that the Committee Stage of the Appropriation (2010-2011) Bill 2010 (Serial 99) be later taken on 18 June 2010, pursuant to resolution dated 9 June 2010.
          16. COUNCIL OF TERRITORY COOPERATION SECOND PROGRESS REPORT, MAY 2010 – MOTION TO NOTE REPORT:
              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.
              Extension of time: On the motion of the Member for Drysdale (Mr Bohlin) the Member for Katherine (Mr Westra van Holthe) was granted an extension of time, pursuant to Standing Order 77.

              Debate continued.
              Debate suspended.
              __________________

              Suspension of sittings: The sitting of the Assembly was suspended between 12 Noon and 2pm.
              __________________

              Distinguished Visitors: The Speaker advised Members of the presence in the Speaker’s Gallery of –
          Mr Ted Egan OA, former Administrator for the Northern Territory, and Mrs Nerys Evans;
          Mr Neil Bell, former Member for Macdonnell; and
          Mr John Price, former Deputy Speaker of the New South Wales Legislative Assembly and Mrs Price.
              On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.
          17. NOTICES:
              The following Notices were given –

              Ms Carney: To present the Criminal Code Amendment (Penalties for Certain Assaults) Bill 2010 (Serial 113).

              Mr Mills: To move - That the Legislative Assembly -
                      (a) call on the Northern Territory government to immediately establish a government anti-corruption taskforce as a discrete unit with the Northern Territory Police Force;

                      (b) establish this group to be an interim measure while the process of developing legislation and allocating annual funding for a more permanent independent corruption authority be completed; and

                      (c) provide the task force with the powers to investigate any and all suggestions of government or political corruption within the Northern Territory.
          18. QUESTIONS:
              2.01pm Mr Mills to Mr Henderson.
              2.04pm Mr Gunner to Ms Lawrie.
              2.07pm Mr Mills to Mr Henderson.
              2.10pm Ms Walker to Ms Lawrie.
              2.13pm Mr Chandler to Mr Hampton and referred to Mr Vatskalis.
              Paper tabled: Mr Hampton laid on the Table the following Paper –
          Monitoring sites of the Aquatic Health Unit, June 2010 – Estuarine and Harbour monitoring sites (Paper 808).

              2.16pm Mr Wood to Mr McCarthy.
              2.19pm Ms Scrymgour to Mr Henderson.
              2.23pm Mr Chandler to Mr Vatskalis.
              2.26pm Mr Gunner to Mr Vatskalis.
              2.29pm Mr Wood to Mr Hampton.
              2.31pm Mr Giles to Dr Burns.
              2.33pm Ms Walker to Dr Burns.
              2.36pm Mr Giles to Dr Burns.
              2.39pm Mr Giles to Dr Burns.
              2.41pm Ms Scrymgour to Ms Lawrie.
              2.44pm Mr Wood to Mr McCarthy.
              2.48pm Mr Giles to Dr Burns.
              2.51pm Mr Gunner to Mr Vatskalis.
              2.54pm Mr Wood to Mr McCarthy.
              2.56pm Mr Giles to Dr Burns.

              Suspension of Standing Orders: And the Member for Braitling (Mr Giles) moved - That so much of Standing Orders be suspended as would prevent him censuring the current and former Ministers in charge of the SIHIP and Chief Minister for lying, cover up and maladministration of the SIHIP.

              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.

              The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
          19. CENSURE OF MINISTERS AND CHIEF MINISTER IN CHARGE OF SIHIP - MOTION NEGATIVED:
              The Member for Braitling (Mr Giles) moved - That so much of Standing Orders be suspended as would prevent him censuring the current and former Ministers in charge of SIHIP and Chief Minister for lying, cover up and mal administration of the SIHIP.

              Debate ensued.
              Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Braitling (Mr Giles) was granted an extension of time, pursuant to Standing Order 77.
              Debate continued.

              Extension of time: On the motion of the Member for Fong Lim (Mr Tollner) the Member for port Darwin (Mr Elferink) was granted an extension of time, pursuant to Standing Order 77.
              Debate continued.

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

              Extension of time: On the motion of the Member for Johnston (Dr Burns) the Member for Nelson (Mr Wood) was granted an extension of time, pursuant to Standing Order 77.
              Debate continued.

              Extension of time: On the motion of the Member for Macdonnell (Ms Anderson) the Member for Fong Lim (Mr Tollner) was granted an extension of time, pursuant to Standing Order 77.
              Debate continued.

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

              Determination of tied division: The Speaker advised Members that – There being an equality of votes the result of the division is resolved in the negative, pursuant to section 27(1) of the Northern Territory (Self-Government) Act 1978.

              Motion negatived accordingly.
          20. PUBLIC INTEREST DISCLOSURE AMENDMENT BILL 2010 (Serial 112):
              The Member for Blain (Mr Mills), pursuant to notice, presented a Bill for an Act to amend the Public Interest Disclosure Act.
              Bill read a first time.
              Mr Mills moved – That the Bill be now read a second time.
              Debate ensued.
              On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) debate was adjourned.
            21. RESOURCES SECTOR INVESTMENT – MOTION AGREED TO:
                The Leader of the Opposition (Mr Mills), pursuant to notice, moved - That, The Northern Territory Parliament –
                (a) recognises that the resources sector makes up 26.5% of the Northern Territory’s Gross State Product and is responsible for many thousands of direct and indirect jobs and that the projects that this sector invests in require significant up-front capital;

                (b) recognises that resource companies provide significant community contributions in both financial and infrastructure investment in the Territory for instance, in power generation and other infrastructure on Groote Eylandt; and

                (c) call upon the Federal Rudd Labor Government to abandon its current pursuit of a Super Profits tax and recognise that such a tax will see the loss of many current jobs and a reduction in future investments made by this sector in the Territory economy, thus impacting on both the economic prosperity of the Territory andability of the Territory Government to provide necessary services due to the losses in income.
                Mr Mills, by leave, omitted paragraph (c) and inserted in its stead –

                (c) does not support any Federal mining tax regime which threatens the viability of existing mines and the development of new mines in the Territory; and to this end; and
                (d) call on the Federal Government to halt the implementation of the proposed super profits tax in its current form.

                Debate ensued.
                Extension of time: On the motion of the Member for Drysdale (Mr Bohlin) the Member for Katherine (Mr Westra van Holthe) was granted an extension of time, pursuant to Standing Order 77.
                Debate continued.
                The Leader of the Opposition (Mr Mills) moved – That the question be now put.
                Question – put and passed.
                Question – That the motion be agreed to - put and passed.
            22. ENVIRONMENTAL OPERATIONS OF THE PORT OF DARWIN, EAST ARM, AND GOVE – MOTION NEGATIVED:
                The Member for Brennan (Mr Chandler), pursuant to notice, moved - That,
                    1. Pursuant to clause 4A of the Inquiries Act, the Legislative Assembly establish an independent inquiry to report on breaches of environmental standards within the Northern Territory;

                    2. The inquiry have specific reference to the Port of Darwin and operations at East Arm, the Port of Gove and operations, and the discharge of sewage from outfalls into Darwin Harbour;
                    3. The inquiry is also to look at the matter of the appropriateness of the current EIS provisions and make specific recommendations on changes that are needed in the EIS process and other environmental standard, regulations and laws so as to strengthen the protection of our environment;
                    4. It is recommended that the Administrator appoint the Independent EPA to undertake the inquiry and provide it with the powers inferred by the Inquiries Act;
                    5. The Northern Territory Government provide the necessary resources to undertake this inquiry; and
                    6. The inquiry report to this parliament no later than 31 December 2010.
                Debate ensued.
                The Member for Brennan (Mr Chandler) moved - That paragraph 3 be omitted.
                Debate ensued on the main motion and amendment moved by Mr Chandler.
                The Member for Nelson (Mr Wood) moved – That the main motion be amended by omitting all words after “That” and insert in their stead -
                  “1. The Assembly request that the Environmental Protection Authority inquire into the following:
            Breaches of environmental standards at the Port of Darwin including its operations at East Arm and the Port of Gove and its operations; and
              The discharge of sewerage from outfalls into Darwin Harbour.

                    2. The NT Government provide the necessary resources to undertake this inquiry.

                    3. The Environmental Protection Authority report to this Parliament during the first sittings of 2011.”

                  Debate ensued.
                  Question - That the amendment moved by Mr Wood to the main motion be agreed to – put and negatived.
                  Paper tabled: Mr Hampton laid on the Table the following Papers –
              East Arm Wharf, by EPA Northern Territory (Paper 810); and
              Improving Environmental Assessment in the Northern Territory (Paper 809).

                  Debate continued.
                  Question – That the amendment moved by the Member for Brennan (Mr Chandler) to the main motion, be agreed to – put and negatived.
                  Question – That the original motion be agreed to – put and negatived.
              23. CHILDREN’S SPORT, INVOLVEMENT COSTS – MOTION:
                  The Member for Drysdale (Mr Bohlin), pursuant to notice, moved -
                  That, the Territory Parliament –

                  (a) acknowledges the costs associated with the involvement of children in sport in the Northern Territory;

                  (b) further recognises that it can cost families hundreds of dollars per child, per sport to register, insure and outfit children to take part in sporting clubs in the Northern Territory and this can be a heavy impost on the family budget; and

                  (c) call on the Territory and Federal Governments to take immediate steps to reduce the cost of sports participation for Territory Families and such steps ensure, as far as possible, that any child who wants to play sport can play sport and is not prevented from doing so due to cost.
                  Debate ensued.
                  Leave granted to the Member for Drysdale Mr Bohlin to continue his remarks at a later hour.
                  Debate adjourned accordingly.
              24. ORDER OF GENERAL BUSINESS:
                  The Leader of the Opposition (Mr Mills), by leave, moved – That intervening business be postponed until after consideration of General Business, Orders of the Day, No. 10 relating to the Information Amendment (Inter-organisation Disclosure) Bill 2010 (Serial 105).
                  Question – put and passed.
              25. INFORMATION AMENDMENT (INTER-ORGANISATION DISCLOSURE) BILL 2010 (Serial 105) - NEGATIVED:
                  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 negatived.
              26. ADJOURNMENT:
                  The Minister for Health (Mr Vatskalis) moved – That the Assembly do now adjourn.
                  Debate ensued.
                  Question - put and passed.
                  And the Assembly adjourned at 9.50pm, until tomorrow at 10am, 10 June 2010.
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                  PAPERS:
                  There were no Papers deemed to have been presented on Wednesday 9 June 2010.
              ____________________
                  ATTENDANCE:
                  All Members attended the sittings.
            Last updated: 04 Aug 2016