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Department of the Legislative Assembly, Northern Territory Government

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Minutes of Proceedings - 2006-08-23

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

2. PRAYERS.

3. PETITIONS:
      The Member for Greatorex (Dr Lim) presented petition No. 34 from 20 petitioners requesting recision of the decision to handover 11 Central Australian National Parks (Paper 594).
      Petition read.

      The Member for Greatorex (Dr Lim) presented petition No. 35 from 353 petitioners requesting recision of the decision to handover 48 Territory-owned parks (Paper 595).
      Petition read.

      The Member for Greatorex (Dr Lim) presented petition No. 36 from 11 petitioners requesting the salaries section of DCIS in Alice Springs be retained; and being in similar terms to a petition presented in the May 2006 sittings the petition was not read (Paper 596).

      The Member for Nelson (Mr Wood) presented petition No. 38 from 569 petitioners requesting the subdivision process be modernised especially for Specific Use (SU) areas and to account for environmental sustainability (Paper 598).
      Petition read.

      The Member for Greatorex (Dr Lim) presented petition No. 37 from 10 petitioners requesting the Northern Territory Place Names Committee retain the name of the Golf Course Estate for the suburb adjacent to and surrounding the Alice Springs Golf Course; and being in similar terms to a petition presented in the May 2006 sittings the petition was not read (Paper 597).
4. MINISTERIAL REPORTS:
      Darwin City Waterfront Development: The Chief Minister (Ms Martin) reported on the construction progress of the Darwin City Waterfront Development project.
      Ms Carney responded.
      Mr Wood responded.
      Ms Martin responded.

      Sabah and Brunei, Business Delegation Visit: The Minister for Primary Industry and Fisheries (Mr Vatskalis) reported on a Northern Territory business delegation visit to Sabah and Brunei to facilitate opportunities for the Territory and cattle industry.
      Mr Mills responded.
      Mr Vatskalis responded.

      Wave Hill Walk-off, 40th Anniversary: The Minister for Planning and Lands (Dr Burns) reported on the 40th Anniversary of the Wave Hill Walk-off by the Gurindji.
      Paper tabled: Dr Burns laid on the Table the following Paper -
Wave Hill Walk-off by the Gurindji, 40th Anniversary of, Guest List of attendees (Paper 599).

      Ms Carney responded.
      Dr Burns responded.

      Ministerial Reports noted, pursuant to Standing Orders.
5. PLANNING APPLICATIONS, RIGHT OF APPEAL BY RESIDENTS OF LITCHFIELD SHIRE - MOTION NEGATIVED:
      The Member for Nelson (Mr Wood), pursuant to notice, moved - That,
      (a) the Government accepts that hundreds of Territorians have been discriminated against by recent amendments to the Planning Act which allowed regulations to ban third party appeals by residents living in RL zones in Litchfield Shire area;

      (b) the Legislative Assembly declare that Territorians living in rural areas have the right, equivalent to people living in urban areas, to appeal against planning applications that may impact upon their lifestyles; and

      (c) the Legislative Assembly call upon the Minister for Planning and Lands to add RL1 and RL2 of the Litchfield Area Plan (2004) to Schedule 2 of the Planning Act Regulations thereby allowing residents living in these areas the right to appeal against planning applications.

      Debate ensued.
      ______________

      Visitors: The Deputy Speaker (Mr Knight) advised Members of the presence in the public galleries of visitors who are part of the Public Tour Program of the Parliament.
      On behalf of all Members the Deputy Speaker extended a warm welcome to the visitors.
      ______________

      Debate continued.
      ______________
      Distinguished visitor: The Speaker advised Members of the presence in the Speaker's Gallery of the Honourable Alex Somylay, Member for Fairfax and Chairman of the House of Representatives Committee on Health and Ageing.
      On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.
      ______________

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

      AYES, 2 NOES, 21

      Mrs Braham Ms Anderson
      Mr Wood Mr Bonson
      Mr Burke
      Dr Burns
      Ms Carney
      Mr Henderson
      Mr Kiely
      Mr Knight
      Ms Lawrie
      Dr Lim
      Ms Martin
      Mr McAdam
      Mrs Miller
      Mr Mills
      Mr Natt
      Ms Sacilotto
      Ms Scrymgour
      Mr Stirling
      Dr Toyne
      Mr Vatskalis
      Mr Warren

      Motion negatived accordingly.
6. CONDUCT OF ESTIMATES COMMITTEE HEARINGS AND TIME FRAMES - MOTION:
      The Leader of the Opposition (Ms Carney), pursuant to notice, moved -

      That the Assembly review the conduct of estimates hearing and associated allocated hearing timeframes for ministerial portfolios, noting
      (a) that the time allocated to such portfolios as Chief Minister, Treasurer, Health and Education, Employment and Training, is insufficient, and
      (b) the inability to question the senior public servants directly inhibits the transparency and accountability of Government through the estimates process.

      Debate ensued.
      Debate suspended.
      _____________

      Suspension of sittings: The sittings of the Assembly was suspended between 11.52am and 2pm.
      _____________

      Visitors: The Speaker advised Members of the presence in the public galleries of Parliament House Public Tour Program participants, and Amanbidji School students, accompanied by Mr Reg Robinson.
      On behalf of all Members, the Speaker extended a very warm welcome to the visitors.
7. NOTICES:
      The following notices were given -
      Dr Toyne: To present the Justice Legislation Amendment (Group Criminal Activities) Bill 2006 (Serial 65).
      Dr Toyne: To present the Evidence and Other Legislation (Witness Assistance) Amendment Bill 2006 (Serial 64).
8. QUESTIONS:
      2.03pm Ms Carney to Ms Martin.
      2.04pm Mr Burke to Ms Martin.
      2.05pm Ms Carney to Ms Martin and referred to Mr Stirling.
      2.11pm Mr Kiely to Mr Stirling.
      2.16pm Dr Lim to Dr Burns.
      2.22pm Ms Anderson to Ms Lawrie.
      2.24pm Mrs Braham to Mr McAdam.
      2.27pm Dr Lim to Dr Burns.
      2.30pm Mr Knight to Mr Stirling.
      2.33pm Mrs Miller to Dr Burns.
      2.35pm Ms Sacilotto to Ms Martin.
      2.39pm Mr Wood to Dr Burns.
      2.41pm Mr Warren to Ms Scrymgour.
      2.44pm Mrs Miller to Dr Burns.
      2.48pm Mr Burke to Dr Toyne.
      2.51pm Mrs Miller to Dr Burns.
      2.54pm Mr Natt to Ms Martin.
      2.57pm Mrs Braham to Dr Burns and referred to Mr McAdam.

      The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
      Answers to Questions: The Minister for Essential Services (Mr Henderson) provided and answer to a question relating to the sewage outfall at Larrakeyah.
9. CONDUCT OF ESTIMATES COMMITTEE HEARINGS AND TIME FRAMES - MOTION NEGATIVED:
      The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the motion -

      That, the Assembly review the conduct of estimates hearings and associated allocated hearing timeframes for ministerial portfolios, noting -
      (a) the time allocated to such portfolios as Chief Minister, Treasurer, Health and Education, Employment and Training, is insufficient, and
      (b) the inability to question the senior public servants directly inhibits the transparency and accountability of Government through the estimates process.

      Debate resumed.
      ____________
      Visitors: The Speaker advised Members of the presence in the public galleries of Casuarina Senior College Year 11 and 12 students, accompanied by teachers. On behalf of all Members the Speaker extended a very warm welcome to the visitors.
      _____________
      Debate continued.
      Extension of time: On the motion of the Member for Nelson (Mr Wood) the Member for Blain (Mr Mills) was granted an extension of time, pursuant to Standing Order 77.

      Debate continued.
      Question - put and negatived.
10. OPEN EDUCATION CENTRE - MOTION NEGATIVED:
      The Member for Blain (Mr Mills), pursuant to notice, moved - That, this Assembly -
      1. Condemn the Northern Territory Government for reversing its pre-election position to retain the Northern Territory Open Education Centre; and

      2. Call upon the Minister for Education to explain why reducing staffing levels by half and exchanging a successful model for an untested one is not about cost cutting.
      Debate ensued.
      Question - put and negatived.
11. LARRAKEYAH SEWAGE OUTFALL - MOTION NEGATIVED:
      The Member for Greatorex (Dr Lim), pursuant to notice, moved - That, the Assembly call upon the Government to immediately take effective steps to shut down the Larrakeyah Sewage Outfall, more commonly known as the Poo Shooter, which is pumping over 1 billion litres of untreated sewage into the Darwin harbour each year, and to redirect the sewage from the Darwin CBD to the Ludmilla Sewage Treatment Plant in accordance with the plans already described in several PAWA reports.
      Debate ensued.
      Question - put and negatived.
12. ENVIRONMENTAL PROTECTION AUTHORITY, INDEPENDENCE - MOTION NEGATIVED:
      The Member for Katherine (Mrs Miller), pursuant to notice, moved - That,
      1. The Assembly condemn the Australian Labor Party and the Territory Labor Government for -
        (a) deceiving Territorians prior to the last election by asserting that they would establish an Independent EPA;

        (b) leaked documents from NRETA that recommend a ‘preferred model’;

        (c) ascribing a model which describes an EPA that is a “Discrete unit of NRETA” and that “NRETA will provide administrative, HR and financial support to the EPA”;

        (d) restricting the preferred model of the EPA with the following limitations;
    the Minister will do the hiring and firing,
    the Government will pay the wages,
    the Minister will deal with any industrial relations matters that flow from the EPA,
    it is part of NRETA,
    the Minister will run its paperwork and administration,
    that NT Government will fund its functions; and
          2. The Assembly instruct the Government to remove the word “Independent” from all future references to the EPA if this preferred model is adopted.

          Debate ensued.
          Question - put and negatived.
      13. SENTENCING AMENDMENT (CULTURAL PRACTICE AND CUSTOMARY LAW) BILL 2006 (Serial 62):
          The Leader of the Opposition (Ms Carney), pursuant to notice, presented a Bill for an Act to amend the Sentencing 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 Justice and Attorney-General (Dr Toyne) debate was adjourned.
      14. CRIMINAL CODE AMENDMENT (ASSAULTS ON POLICE OFFICERS) BILL 2006 (Serial 66):
          The Leader of the Opposition (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 (Dr Toyne) debate was adjourned.
      15. LEGISLATIVE ASSEMBLY (CODE OF CONDUCT) BILL 2006 (Serial 67):
          The Leader of the Opposition (Ms Carney), pursuant to notice, presented a Bill for an Act to provide for the adoption, and enforcement, of a Code of Conduct for Ministers and Members of the Legislative Assembly and for related purposes.
          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 Business and Economic Development (Mr Henderson) debate was adjourned.

          Visitors: The Speaker advised Members of the presence in the public galleries of the Sandridge Band and Tableland Drifters Band who will perform at the Darwin Festival. On behalf of all Members the Speaker extended a warm welcome to the visitors.
      16. NORTHERN TERRITORY CODE OF CONDUCT FOR MINISTERS AND MEMBERS - MOTION NEGATIVED:
          The Leader of the Opposition (Ms Carney), pursuant to notice, moved - That the Assembly rescind the optional and non-legislative Code of Conduct for Members, dated 31 May 2004 and adopt the comprehensive "Northern Territory Code of Conduct for Ministers and Members", in the terms Tabled and circulated to Members today.
          Paper tabled: The Leader of the Opposition (Ms Carney), by leave, laid on the Table the following Paper -
      Northern Territory Code of Conduct for Ministers and Members, prepared and proposed by the Country Liberal Party (Paper 603).

          Debate ensued.
          Paper tabled: The Leader of Government Business (Mr Henderson) laid on the Table the following Paper -
      Legal opinion, validity of clause 2.2 of the Northern Territory Code of Conduct for Ministers and Members, dated 23 August 2006, prepared by Tom Pauling QC (Paper 604).

          Debate continued.
          Question - put and negatived.
      17. WHISTLEBLOWERS BILL 2006 (Serial 47) - 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.
      18. LIQUOR AMENDMENT BILL 2006 (Serial 63):
          The Minister for Racing, Gaming and Licensing (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Liquor Act.
          Bill read a first time.
          Mr Stirling moved - That the Bill be now read a second time.
          Debate ensued.
          Paper tabled: Mr Stirling laid on the Table the following Paper -
      Explanatory Statement, Liquor Amendment Bill 2006 (Serial 63) (Paper 605).
          On the motion of the Member for Blain (Mr Mills) debate was adjourned.
      19. ADJOURNMENT:
          The Treasurer (Mr Stirling) moved - That the Assembly do now adjourn.
          Debate ensued.
          Question - put and passed.
          And the Assembly adjourned at 11.18pm until Thursday 24 August 2006 at 10am.
          _________________

          PAPERS:
          The following Papers were deemed to have been presented on Wednesday 23 August 2006 -

          Annual Reports:
          Batchelor Institute of Indigenous Tertiary Education 2005 (Paper 600)
          Charles Darwin University 2005 (Paper 601)

          Financial Statements:
          Charles Darwin University 2005 (Paper 602)
      _________________
          ATTENDANCE:
          All Members attended the sitting.
      Last updated: 04 Aug 2016
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