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Minutes of Proceedings - 2009-08-18

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

2. PRAYERS.

3. PETITION:

The Member for Goyder (Ms Purick) presented petition No. 23 from 91 petitioners requesting unincorporated areas of Marrakai, Leaning Tree and Mt Bundy be excluded from any form of Council or body corporate (Paper 465).

Petition read.

4. TRAFFIC AMENDMENT BILL 2009 (Serial 38):

The Member for Braitling (Mr Giles), pursuant to notice, presented a Bill for an Act to amend the

Traffic Act

Bill read a first time.

Mr Giles moved – That the Bill be now read a second time.

Debate ensued.

On the motion of the Minister for Transport (Mr McCarthy) debate was adjourned.

Visitors:

The Speaker advised Members of the presence in the public gallery of the Kiwirrkurra Remote Community School students, Years 4 to 9 accompanied by Mr Chris Ryman and Mr Ian Wookey.

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

5. INPEX CONSTRUCTION VILLAGE – MOTION NEGATIVED:

The Member for Nelson (Mr Wood), pursuant to notice, moved - That, the proposed Inpex Construction Village be built on portion 2820 Hundred of Bagot instead of portions 2819 and part section 273 Hundred of Bagot, Howard Springs.

Debate ensued.

Question – put and negatived.

Pairs:

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

Member for Wanguri and the Member for Sanderson; and the Member for Casuarina and the Member of Goyder, for the period 4.30pm until 6pm today (Paper 466); and
Member for Stuart and the Member for Katherine for the period 6pm until the rising of the Assembly on Thursday 20 August 2009 (Paper 467).

6. NEW PRISON CONSTRUCTION AT WEDDELL – MOTION AGREED TO:

The Member for Nelson (Mr Wood), pursuant to notice, moved – That, the government reverse its decision to build a new prison at Weddell, and

(a) build a new facility on the present site or land currently used as the Berrimah Research Station; and

(b) the government look at alternative options for imprisonment for example prison farms in regional NT.

Debate ensued.

Question – put and passed.

7. HOUSING ESTATE AT BERRIMAH RESEARCH STATION – MOTION AGREED TO:

The Member for Nelson (Mr Wood), pursuant to notice, moved –

That, the government -

(a) reverse its plans to build a housing estate at the Berrimah Research Station; and

(b) instead develop the land as a mixture of industrial land, research station, prison and prison farm and open space.

Debate ensued.

Question – put and passed.

8. WEDDELL, DESIGN A VISIONARY TROPICAL CITY – MOTION AGREED TO:

The Member for Nelson (Mr Wood), pursuant to notice, moved –

That, the government invite Territory, Australian and overseas town planners and architects through a competition backed by an attractive cash prize to design a visionary tropical city at Weddell.

Debate ensued.

___________________

Visitors:

The Speaker advised Members of the presence in the public gallery of the Sanderson Middle School students, Years 7 to 9, accompanied by Ms Michelle Turner.

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

___________________

Debate continued.

Question – put and passed.

9. AQUATIC CENTRE FOR THE RURAL AREA – MOTION:

The Member for Nelson (Mr Wood), pursuant to notice, moved – That,

(a) the government build an aquatic centre in the rural area - similar to one at Leanyer and the proposed one at Palmerston; and

(b) rural aquatic centre be likewise similarly funded and maintained by the government and that the government investigate a number of options to see where the most viable site would be in the rural area for such a centre.

Debate ensued.

Debate suspended.

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Suspension of sittings:

The sittings of the Assembly was suspended between 11.58am and 2pm.

_____________________

Distinguished visitor:

The Speaker advised Members of the presence in the Speaker’s Gallery of the former Member for Arnhem and Minister (Mr John Ah Kit).

On behalf all Members the Speaker extended a warm welcome to the distinguished visitor.

10. NOTICES:

The following Notices were given:

Ms Lawrie: To present the Criminal Code Amendment (Bushfires) Bill 2009 (Serial 54).

Ms Lawrie: To present the Justice Legislation (Penalties) Amendment Bill 2009 (Serial 53).

11. QUESTIONS:

2.01pm Mr Mills to Mr Henderson.

2.04pm Ms Walker to Mr Henderson.

2.07pm Mr Mills to Mr Henderson.

2.08pm Ms Scrymgour to Mr Henderson.

2.11pm Mr Mills to Mr Henderson.

2.13pm Mr Wood to Mr Henderson.

2.15pm Mr Mills to Mr Henderson.

2.19pm Mr Gunner to Ms Lawrie.

2.21pm Mr Mills to Mr Henderson.

2.23pm Mr Walker to Ms Lawrie.

2.26pm Mr Mills to Mr Henderson.

Paper tabled:

Mr Henderson laid on the Table the following Paper –

Estimates Committee Question on Notice re Public Housing, stock, sale, method of sale, annually from 1996 (Paper 468).

2.31pm Ms Scrymgour to Dr Burns.

2.35pm Mr Wood to Mr Henderson and referred to Ms Lawrie.

2.39pm Mr Gunner to Mr Hampton.

2.41pm Mr Mills to Mr Henderson.

2.43pm Ms Walker to Mr Vatskalis.

2.45pm Mr Mills to Mr Henderson.

2.48pm Ms Scrymgour to Mr McCarthy.

2.51pm Mr Mills to Mr Henderson.

2.55pm Ms Walker to Mr Hampton.

2.59pm Mr Mills to Mr Henderson.

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

12. AQUATIC CENTRE FOR THE RURAL AREA – MOTION AGREED TO:

The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the following motion be agreed to –

That,

(a) the government build an aquatic centre in the rural area - similar to one at Leanyer and the proposed one at Palmerston; and

(b) the rural aquatic centre be likewise similarly funded and maintained by the government and that the government investigate a number of options to see where the most viable site would be in the rural area for such a centre.

Debate resumed.

Question – put and passed.

13. HOWARD SPRINGS FORESTRY RURAL LAND SUBDIVISION – MOTION AGREED TO:

The Member for Nelson (Mr Wood), pursuant to notice, moved - That, the government immediately address the Native Title issues constraining release of the forestry land at Howard Springs and permit the land to be developed as a rural subdivision for first home buyers, especially young people and families to get a start in life.

Debate ensued.

Question – put and passed.

14. OMBUDSMAN AMENDMENT BILL 2009 (Serial 52):

The Leader of the Opposition (Mr Mills), pursuant to notice, presented a Bill for an Act to amend the

Ombudsman 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 Chief Minister (Mr Henderson) debate was adjourned.

15. SENTENCING LEGISLATION AMENDMENT (CRIME OF MURDER) BILL 2009 (Serial 55):

The Leader of the Opposition (Mr Mills), pursuant to notice, presented a Bill for an Act to provide for a person sentenced to imprisonment for life for murder, and for related purposes.

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.

16. TERRITORY POLICE REVIEW COMMITTEE, SELECT COMMITTEE – MOTION NEGATIVED:

The Leader of the Opposition (Mr Mills), pursuant to notice, moved -

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.

Debate ensued.

Question - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 12 NOES, 13

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

Mr Wood

Tellers:

Mr Gunner, Government Whip

Ms Carney, Opposition Whip

Motion negatived accordingly.

17. VICTORIA, STUART AND BARKLY HIGHWAYS, OPEN SPEED LIMIT – MOTION NEGATIVED:

The Member for Braitling (Mr Giles), pursuant to notice, moved –

That, The Government reinstates 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 1 September 2009.

Debate ensued.

Paper tabled:

Mr Tollner, by leave, laid on the Table the following Paper –

Anti Speed Limit sticker (Paper 469).

Debate continued.

Paper tabled:

Mr McCarthy laid on the Table the following Paper –

Fatalities which occurred within the 130k speed zone (Paper 470).

Debate continued.

Question - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 9 NOES, 10

Mr Bohlin Mrs Aagaard

Ms Carney Dr Burns

Mr Chandler Mr Gunner

Mr Conlan Mr Hampton

Mr Elferink Mr Knight

Mr Giles Ms Lawrie

Mr Mills Ms McCarthy

Mr Tollner Mr McCarthy

Mr Westra van Holthe Ms Scrymgour

Ms Walker

Tellers:

Mr Gunner, Government Whip

Ms Carney, Opposition Whip

Pairs:

Mr Henderson paired with Mr Styles

Mr Vatskalis paired with Ms Purick

Motion negatived accordingly.

18. CRIMINAL CODE AMENDMENT (CHILD SEXUAL OFFENCE) BILL 2009 (Serial 50):

The Member for Araluen (Ms Carney), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.

Bill read a first time.

Ms Carney 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.

19. CARE AND PROTECTION OF CHILDREN AMENDMENT (REPORTING OBLIGATIONS) BILL 2009 (Serial 51):

The Member for Araluen (Ms Carney), pursuant to notice, presented a Bill for an Act to amend the

Care and Protection of Children

Act.

Bill read a first time.

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

Debate ensued.

On the motion of the Minister for Child Protection (Ms McCarthy) debate was adjourned.

20. PASS ALL STAGES - CRIMINAL CODE AMENDMENT (CHILD SEXUAL OFFENCE) BILL 2009 (Serial 50); AND CARE AND PROTECTION OF CHILDREN AMENDMENT (REPORTING OBLIGATIONS) BILL 2009 (Serial 51) – WITHDRAWN BY LEAVE:

Suspension of Standing Orders, Pass all stages:

The Member for Araluen (Ms Carney), pursuant to notice, moved –

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 this General Business Day.

Ms Carney, by leave, withdrew the motion.

21. STANDING ORDERS COMMITTEE, REFERENCE – PROCEDURAL REVIEW OF QUESTIONS, SPEECH TIME LIMITS, AND BUSINESS PROCESSES – MOTION AS AMENDED, AGREED TO:

The Member for Port Darwin (Mr Elferink), pursuant to notice, moved -

That, the following matters be referred to the Standing Orders Committee for report no later than October 13th 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

Debate ensued.

Mr Elferink moved – That the motion be amended by -

Omitting, “October 13” and inserting in its stead “November sittings”; and

adding at the end, “Any other area that is referred to the Committee by a member of the Committee in writing.“.

Debate continued.

Amendment agreed to.

Motion as amended, agreed to.

22. STANDING ORDERS COMMITTEE, CHANGE OF MEMBERSHIP TO INCLUDE AN INDEPENDENT MEMBER – MOTION AGREED TO:

The Member for Port Darwin (Mr Elferink), pursuant to notice, moved - 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.

Debate ensued.

Question – put and passed.

23. ADDITIONAL SITTING DAYS OF THE ASSEMBLY – MOTION AGREED TO:

The Member for Port Darwin (Mr Elferink), pursuant to notice moved - That, there be additional sitting days of the Assembly on Monday 12 October and Monday 23 November 2009.

Debate ensued.

The Member for Port Darwin (Mr Elferink) moved the following amendment to the motion –

Omit the words “and Monday 23 November 2009” and insert in their stead, “Friday 16 October 2009”.

Debate continued.

The Leader of Government Business (Dr Burns) moved the following amendment -

That, there be an additional sitting day of the Assembly on Monday 12th October 2009.

Debate continued.

Question – That the amendment moved by the member for Port Darwin (Mr Elferink) be agreed to – put and negatived.

Question – That the amendment moved by the Leader of Government Business (Dr Burns) be agreed to – put and agreed to.

Main motion as amended, agreed to.

24. PUBLIC ACCOUNTS COMMITTEE – AMENDMENT TO TERMS OF REFERENCE, PROPOSED SELF REFERENCING PROVISION – AGREED TO:

The Member for Port Darwin (Mr Elferink), pursuant to notice, moved - That for the remainder of this parliamentary session Standing Order 21A be amended by inserting the following -

"(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.".

Debate ensued.

The Leader of Government Business (Dr Burns) moved the following amendment to the motion by adding at the end –

That, this proposed amendment to Standing Order 21A be referred to the Public Accounts Committee for Inquiry and Report at the November sittings 2009, taking into account other parliamentary jurisdictional practices and procedures dealing with or having similar provisions in the terms of reference given to their public account committees or equivalent committee.

Debate continued.

Question – That the amendment moved by the Leader of Government Business (Dr Burns) be agreed to – put and passed.

Motion, as amended, agreed to.

25. SELECT COMMITTEE ON THE TERRITORY HEALTH SERVICES – ESTABLISH – MOTION NEGATIVED:

The Member for Greatorex (Mr Conlan), pursuant to notice, moved - 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 20 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.

Debate ensued.

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

Tellers:

Mr Gunner, Government Whip

Ms Carney, Opposition Whip

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.

26. SENTENCING AMENDMENT (VIOLENT OFFENCES) BILL 2008 (Serial 4) - 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 - 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

Tellers:

Mr Gunner, Government Whip

Ms Carney, Opposition Whip

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.

27. PUBLIC AUTHORITIES ADVERTISING BILL 2008 (Serial 16) – POSTPONED CONSIDERATION:

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.

The Leader of the Opposition (Mr Mills), by leave, postponed consideration of the Bill until a later hour.

28. INFORMATION AMENDMENT BILL 2008 (Serial 20) - 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 - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 12 NOES, 13

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

Mr Wood

Motion negatived accordingly.

29. ENVIRONMENT PROTECTION AUTHORITY AMENDMENT BILL 2008 (Serial 17) - 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 - That the motion be agreed to - put.

The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

AYES, 11 NOES, 13

Mr Bohlin Mrs Aagaard

Ms Carney Dr Burns

Mr Chandler Mr Gunner

Mr Conlan Mr Hampton

Mr Elferink Mr Henderson

Mr Giles Mr Knight

Mr Mills Ms Lawrie

Ms Purick Ms McCarthy

Mr Styles Mr McCarthy

Mr Tollner Ms Scrymgour

Mr Westra van Holthe Mr Vatskalis

Ms Walker

Mr Wood

Motion negatived accordingly.

30. ABORIGINAL LAND AMENDMENT (INTER-TIDAL WATERS) BILL 2008 (Serial 19) – CONSIDERATION POSTPONED:

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 –

The Member for Katherine (Mr Westra van Holthe), by leave, postponed consideration of the Bill until a later hour.

31. ADJOURNMENT DEBATE TIME ALLOCATION – WITHDRAWN:

The Order of the Day having been read for the resumption of debate on the motion - That, the Assembly reconsider its decision to reduce the time allocated to a member for an adjournment debate in the Assembly from 15 minutes to 5 minutes.

The Member for Nelson (Mr Wood), by leave, withdrew the motion.

32. ADJOURNMENT -

The Minister for Justice and Attorney-General (Ms Lawrie) moved – That the Assembly do now adjourn.

Debate ensued.

And the Assembly adjourned at 9.28pm until Wednesday, 19 August 2009 at 10am.

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PAPERS:

There were no Papers deemed to have been presented on 18 August 2009.

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ATTENDANCE:

All Members attended the sittings.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 2009-08-18