Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2010-02-24

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

    2. PRAYERS.

    3. DISTINGUISHED VISITORS:
        The Speaker advised Members of the presence in the Speaker’s Gallery of Mr Neville Perkins OAM former Deputy Leader of the Opposition and Mr Abdul Khan.
        On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.

    4. VISITORS:
        The Speaker advised Members of the presence in the public galleries of Darwin High School students accompanied by Ms Jane Farr.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    5. HEALTH PRACTITIONER (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2010 (Serial 93):
        The Minister for Health (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to provide for the implementation of a national law relating to health practitioner regulation, and for related purposes.
        Bill read a first time.
        Mr Vatskalis moved – That the Bill be now read a second time.
        Debate ensued.
        Paper tabled: Mr Vatskalis laid on the Table the following Paper –
    Explanatory Statement, Health Practitioner (National Uniform Legislation) Implementation Bill 2010 (Paper 712).

        On the motion of he Member for Greatorex (Mr Conlan) debate was adjourned.

    6. HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM LEGISLATION) BILL 2009 (Serial 76):
        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.
        ____________________
        In Committee
        (Deputy Speaker and Chair of Committees – Ms Walker in the Chair)

        Clauses 1 to 4, by leave, taken together and agreed to.
        Clause 5 read.
        On the motion of the Minister for Health (Mr Vatskalis) the following amendment was agreed to, after debate.
            Clause 5(1), definitions clerk of the court and responsible tribunal
            omit
          Clause 5, as amended, agreed to.
          Clause 6 agreed to.
          Clause 7 read.
          On the motion of Mr Vatskalis the following amendment was agreed to –
              Clause 7(a)

              omit, substitute

              (a) section 9 and Parts 3 to 8 of the Information Act;

          Clause 7, as amended, agreed to.
          New Clause.
          On the motion of Mr Vatskalis the following new Part 2A and Clause 7A was inserted in the Bill, after debate.
              NEW PART 2A

              Part 2A Miscellaneous matters

                    7A Regulations
                    The Administrator may make regulations under this Act.
          Clauses 8 to 10, by leave, taken together and agreed to.
          Clause 11 read.
          On the motion of Mr Vatskalis the following new Clause 11 was inserted in the Bill, after debate.
              11 Expiry of Part
                    This Part expires on the day after it commences.
          Remainder of the Bill, by leave, taken as a whole and agreed to.
          Bill to be reported with amendments.
          ____________________

          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 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.

      7. REMUNERATION TRIBUNAL DETERMINATION - INTERSTATE TRAVEL REPORT BY MEMBER FOR BRENNAN - PAPER TABLED:
          The Speaker laid on the Table a letter in the form of a Report from the Member for Brennan for travel between 12 and 17 January to Perth:
      Letter, Member for Brennan (Mr Chandler) trip to Perth, Western Australia from 12 January 2010 to 17 January 2010 (Paper 713).

      8. COUNCIL OF TERRITORY COOPERATION PROGRESS REPORT FEBRUARY 2010 – MOTION TO NOTE REPORT:
          The Chair of the Council of Territory Cooperation (Mr Wood), by leave, laid on the Table the first Report of the Council of Territory Cooperation, dated February 2010 (Paper 714).
          Mr Wood made a statement relating thereto.
          Mr Wood moved – That the Assembly take note of the Report.
          Debate ensued.
          Extension of time: On the motion of the Member for Sanderson (Mr Styles) the Member for Port Darwin (Mr Elferink) was granted an extension of time, pursuant to Standing Order 77.
          Debate ensued.
          Extension of time: On the motion of the Member for Katherine (Mr Westra van Holthe) the Member for Arafura (Ms Scrymgour) was granted an extension of time, pursuant to Standing Order 77.
          Debate suspended.
          _______________

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

      9. NOTICES:
          The following Notices were given:
          Ms Lawrie: To present the Justice Legislation Amendment (Penalties) Bill 2010 (Serial 95).

          Ms Lawrie: To present the Companies (Trustees and Personal Representatives) (National Uniform Legislation) Implementation Bill 2010 (Serial 92).

          Ms Lawrie: To present the Liquor Legislation Amendment Bill 2010 (Serial 94).

          Mr Elferink: To move – That the Assembly disallow Subordinate Legislation No. 2 of 2010 relating to costs of FOI applications.
      10. ALTERATIONS TO ROUTINE OF BUSINESS:
          The following changes to the Routine of Business were made:
          1. The Leader of the Opposition (Mr Mills), by leave, moved - That General Business, Order of the Day No.1, standing in my name relating to the Public Authorities Advertising Bill 2008 (Serial 16), be withdrawn.
              Question – put and passed.

          2. The Member for Braitling (Mr Giles), by leave, moved – That consideration of General Business, Order of the Day No. 3, standing in his name relating to the Traffic Amendment Bill 2009 (Serial 38), be postponed until a later hour.
              Question – put and passed.

          3. The Member for Greatorex (Mr Conlan), by leave, moved - That consideration of General Business, Notice No. 1, motion standing in his name relating to oncology services, be postponed until a later hour.

          4. The Clerk advised, pursuant to Standing Order 122, that the Member for Port Darwin (Mr Elferink) had advised he would be withdrawing the motion standing in his name relating to the Power and Water Authority.
              Question – put and passed.
      11. QUESTIONS:
          2.02pm Ms Anderson to Ms McCarthy.
          2.04pm Ms Walker to Mr Henderson.
          2.07pm Ms Anderson to Ms McCarthy.
          2.08pm Ms Scrymgour to Mr Henderson.
          2.12pm Ms Anderson to Ms McCarthy.
          2.16pm Mr Wood to Mr Vatskalis.
          2.18pm Mr Gunner to Mr Vatskalis.
          2.19pm Ms Anderson to Mr Hampton.
          2.21pm Ms Walker to Ms Lawrie.
          2.24pm Mr Giles to Ms McCarthy
          2.26pm Mr Wood to Mr McCarthy.
          2.29pm Ms Scrymgour to Mr Vatskalis.
          2.32pm Ms Anderson to Mr Henderson referred to Mr McCarthy.
          2.37pm Mr Gunner to Ms McCarthy.
          2.40pm Mr Wood to Dr Burns.
          2.42pm Mr Giles to Ms McCarthy.
          2.46pm Mr Mills to Ms McCarthy supplementary.
          2.48pm Ms Gunner to Dr Burns.
          2.50pm Ms Anderson to Ms McCarthy.
          2.53pm Ms Walker to Mr Knight.
          2.56pm Mr Wood to Mr McCarthy.
          2.59pm Mr Giles to Dr Burns.
          3.02pm Ms Scrymgour to Mr Hampton.

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

      12. COUNCIL OF TERRITORY CO-OPERATION PROGRESS REPORT FEBRUARY 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 Braitling (Mr Giles) the Member for Katherine (Mr Westra van Holthe) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          On the motion of the Chief Minister (Mr Henderson) debate was adjourned.
      13. CLIMATE CHANGE – 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.
          Extension of time: on the motion of the Member for Sanderson (Mr Styles) the Member for Braitling (Mr Giles) was granted an extension of time, pursuant to Standing Order 77.

          Debate continued.
          Debate adjourned at 5.30pm to call on General Business, pursuant to Standing Order 93.
      14. CARE AND PROTECTION OF CHILDREN (INVESTIGATIVE POWERS) BILL 2009 (Serial 85):
          The Member for Port Darwin (Mr Elferink) at the request of and on behalf of 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.
          Mr Elferink moved – That the Bill be now read a second time.
          Debate ensued.
          Paper tabled: Mr Elferink, by leave, laid on the Table the following Paper –
      Explanatory Statement, Care and Protection of Children (Investigative Powers) Bill 2009 (Paper 715).

          On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
      15. HEALTH AND COMMUNITY SERVICES COMPLAINTS AMENDMENT (FURTHER INVESTIGATIONS) BILL 2009 (Serial 88):
          The Member for Greatorex (Mr Conlan), pursuant to notice, presented a Bill for an Act to amend the Health and Community Services Complaints Act.
          Bill read a first time.
          Mr Conlan moved – That the Bill be now read a second time.
          Debate ensued.
          Paper tabled: Mr Conlan, by leave, laid on the Table the following Paper –
      Explanatory Statement, Health and Community Services Complaints Amendment (Further Investigations) Bill 2009 (Paper 716).

          On the motion of the Minister for Health (Mr Vatskalis) debate was adjourned.

      16. POLICE ADMINISTRATION AMENDMENT (GRIEVANCES) BILL 2009 (Serial 86):
          The Leader of the Opposition (Mr Mills), pursuant to notice, presented a Bill for an Act to amend the Police Administration Act.
          Bill read a first time.
          Mr Mills moved – That the Bill be now read a second time.
          Debate ensued.
          Paper tabled: Mr Mills, by leave, laid on the Table the following Paper –
      Explanatory Statement, Police Administration Amendment (Grievances) Bill 2009 (Paper 717).

          On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.

      17. INFORMATION AMENDMENT (FEES) BILL 2009 (Serial 83):
          The Member for Drysdale (Mr Bohlin), pursuant to notice, presented a Bill for an Act to amend the Information Act.
          Bill read a first time.
          Mr Bohlin moved – That the Bill be now read a second time.
          Debate ensued.
          Paper tabled: Mr Bohlin, by leave, laid on the Table the following Paper –
      Explanatory Statement, Information Amendment (Fees) Bill 2009 (Paper 718).

          On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
      18. MINI-STATEMENTS – REFERENCE TO STANDING ORDERS COMMITTEE – MOTION AGREED TO:
          The Member for Nelson (Mr Wood), pursuant to notice, moved - That the Assembly refers the following matter to the Standing Orders Committee for consideration and report:
              The establishment of a mechanism to allow Mini Statements to replace what was formerly Ministerial Reports.

              Suggested Guidelines to be considered:

              There be a maximum of 3 mini statements per day;
              The Opposition and cross benchers be given one hour notice on topic to be discussed unless an urgent matter does not allow such notice;

              Speaking times of – Government, one speaker of, 5 minutes duration; Opposition, one speaker in reply, 5 minutes duration; one independent, in reply, 2 minutes and Government, one speaker in reply, 3 minutes.
          Debate ensued.
          Question – put and passed.

      19. INDIGENOUS AFFAIRS, AGENCY FUNDING – MOTION NEGATIVED:
          The Member for Macdonnell (Ms Anderson), pursuant to notice, moved - That, the Northern Territory Government produces a specific and detailed budget paper setting out –
              (a) all funding provided to Departments and Agencies for Indigenous Affairs and where and when these funds were expended and on what.

              (b) clearly whether funding came from the Territory or funding came from the Commonwealth and where each of these different funding areas were provided to and expended and what outcomes were achieved.
          Debate ensued.
          Question – put and negatived.
        20. TERRITORY INDIGENOUS EXPENDITURE REVIEW COMMITTEE – MOTION NEGATIVED:
            The Member for Macdonnell (Ms Anderson), pursuant to notice moved – That,
            1. The Assembly Establish a Standing Committee to be known as the “Territory Indigenous Expenditure Review Committee”.

            2. The Committee is to inquire into all areas of indigenous expenditure including allocations made by the Territory Government and made by the Federal Government which are both administered by the Territory Government and the Federal Government.

            3. The Committee is to report on a regular basis, but at least quarterly, and must at the very least in each report -
                (a) match said related expenditure allocations with actual expenditure; and
                (b) evaluate the outcomes achieved from the expenditure.

            4. The Committee is to be made up of the those people who recognise themselves as indigenous people and are current Members of the Northern Territory Legislative Assembly.

            5. The Committee can initiate inquiries into any matter relating to Indigenous expenditure.

            6. The Speaker provide all funding and human resources necessary for the Committee to actively do the tasks set by the Assembly.
            Debate ensued.
            The Member for Nelson (Mr Wood) moved the following amendment to the motion as follows:

            Omit all words after “That” and insert in their stead –
                1. The Assembly recommends the Council of Territory Cooperation inquire into Territory Indigenous expenditure made by the Territory government and administered by the Territory government on behalf of the Federal Government.

                2. The Council will report to this parliament six monthly.

                3. The Council will commence inquiries in the second quarter of the financial year 2010/2011.

            Debate continued.
            Leave to withdraw Amendment: The Member for Nelson (Mr Wood), by leave, withdrew his proposed amendment.
            Debate continued.
            Question - That the motion be agreed to - put.
            The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

            AYES, 11 NOES, 13

            Ms Anderson Mrs Aagaard
            Mr Bohlin 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

            Tellers: Mr Gunner, Government Whip
                    Ms Purick, Opposition Whip

            Motion negatived accordingly.
        21. ABORIGINAL LAND AMENDMENT (INTER-TIDAL WATERS) BILL 2008 (Serial 19):
            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.
            ____________________

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

            24 February 2010 and 25 February 2010 - Ms Scrymgour and Ms Carney (Paper 719)
            ____________________

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

            AYES, 11 NOES, 11

            Ms Anderson Mrs Aagaard
            Mr Bohlin 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 Mr Vatskalis
            Mr Westra van Holthe Ms Walker

            Tellers: Mr Gunner, Government Whip
                    Ms Purick, 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.
        22. ADJOURNMENT:
            The Speaker, pursuant to Standing Order 41A, at 9.08pm proposed the question - That the Assembly do now adjourn.
            Debate ensued.
            Visitors: The Speaker advised Members of the presence in the Speaker’s Gallery of family and friends of the late John Lloyd who are here today to witness the recognition to be recorded by the Member for Sanderson (Mr Styles) during his adjournment debate tonight:
        his widow, Audrey Lloyd;
        daughter Gwyn Balch (and her husband Steve Balch, former Member of the Legislative Assembly); and
        brothers and their partners: John & Kae Lloyd, Morgan Lloyd & Colleen Francis and Owen Lloyd & Belinda Small.

            Debate continued.
            And the Assembly adjourned at 10.30pm until Thursday 25 February 2010 at 10am.
            ________________

            PAPERS:
            There were no Papers were deemed to have been presented on Wednesday 24 February 2010.
        _________________
            ATTENDANCE:
            All Members attended the sittings except Ms Carney, on leave.
      Last updated: 04 Aug 2016