Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2010-12-02

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

    2. PRAYERS.

    3. BUILDING AMENDMENT BILL 2010, DRAFT CONSULTATION BILL 2010 – PAPER TABLED:
        The Minister for Construction (Mr McCarthy) laid on the Table a consultation Draft Building Amendment Bill 2010 (Paper 1134).
        Mr McCarthy made a statement relating thereto.

    4. NEXT MEETING:
        The Leader of Government Business (Dr Burns) – moved – That the Assembly at its rising adjourn until Tuesday 15 February 2011 at 10am in Parliament House, or such other time and/or date as may be advised by the Speaker, pursuant to Sessional Order.
        Question – put and passed.

    5. INFORMATION AMENDMENT BILL 2010 (Serial 143):
        The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Information 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, Information Amendment Bill 2010 (Paper 1137).
        On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
    6. STATUTE LAW REVISION BILL (No. 2) 2010 (Serial 140):
        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 respect.
        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 (No. 2) 2010 (Paper 1138).
        On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
    7. PAIRS:
        The Speaker Tabled a Pair arrangement for today as follows:

        The Member for Wanguri (Mr Henderson) with the Member for Blain (Mr Mills) for the period 3pm to 4.30pm, 2 December 2010 (Paper 1136); and
        The Member for Arafura (Ms Scrymgour) with the Member for Port Darwin (Mr Elferink) for the period 10.30am to 11am, 2 December 2010 (Paper 1135).
    8. LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE – AMENDMENT OF TERMS OF REFERENCE – MOTION AGREED TO:
        The Leader of Government Business (Dr Burns), pursuant to notice, moved - That, the reference to the Legal and Constitutional Affairs Committee passed by the Assembly on 9 September 2008 be amended by adding the following paragraphs:

        (6) The Committee shall appoint a Northern Territory Constitutional Convention Committee (NTCCC) to report to the Standing Committee from time to time to assist with the implementation of the Statehood Program as determined by the Standing Committee leading up to and including a Constitutional Convention.

        (7) The membership, chairs, functions and procedures of the NTCCC shall be as determined by the Standing Committee from time to time.

        (8) The sitting fees of members of the NTCCC shall be as determined by the Speaker.

        Debate ensued.
        Question – put and passed.
        Visitors: The Speaker advised Members of the presence in the public gallery of Darwin High School English as a Second Language unit accompanied by Ms Vida Goodvach and Mr Charles Pitia.
        On behalf of all Members the Speaker extended a warm welcome to the visitors.

    9. DOMESTIC AND FAMILY VIOLENCE AMENDMENT BILL 2010 (Serial 128):
        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.
        Debate suspended.
        ______________

        Suspension of sittings: The sittings of the Assembly was suspended between 11.53am and 2pm.
        ______________
    10. QUESTIONS:
        2.01pm Ms Lambley to Mr Vatskalis.
        2.03pm Ms Scrymgour to Mr Henderson.
        2.06pm Mr Mills to Dr Burns.
        Papers tabled: Mr Mills, by leave, laid on the Table the following Paper –

        Public Housing Web Site, Extracts of re Housing Waiting Times for Major Territory Towns (Paper 1139).

        2.11pm Ms Walker to Mr Henderson.
        2.14pm Mr Elferink to Ms McCarthy.
        2.18pm Mr Wood to Mr Hampton.
        2.21pm Mr Gunner to Ms Lawrie.
        Papers tabled: Ms Lawrie laid on the Table the following Paper –

        Transcript of alleged conversation between Mr Mills and Mr Leo Abbott re offer of job, per ABC web site, dated 18 August 2010 (Paper 1140).

        2.23pm Mr Westra van Holthe to Ms McCarthy.
        2.27pm Ms Scrymgour to Ms Lawrie.
        2.30pm Mr Wood to Mr Vatskalis.
        2.32pm Mr Chandler to Mr Vatskalis.
        2.34pm Ms Walker to Ms McCarthy.
        2.37pm Mr Chandler to Mr Hampton.
        2.40pm Ms Anderson to Dr Burns.
        2.41pm Mr Gunner to Mr Hampton.
        2.44pm Mr Chandler to Mr Hampton.
        2.48pm Ms Scrymgour to Dr Burns.
        2.52pm Ms Purick to Mr Vatskalis.

        Paper tabled: Ms Purick, by leave, laid on the Table the following Paper –

        Organisation Chart, Department of Primary Industry and Fisheries and Resources, Annual Report as at 30 June 2010 (Paper 1141).

        2.55pm Ms Walker to Mr Vatskalis.
        2.57pm Mr Wood to Mr Knight.
        3.01pm Mr Elferink to Mr Vatskalis.
        Paper tabled: Mr Elferink, by leave, laid on the Table the following Paper –
        Montara Commission of Inquiry, Report, page 218 re Tenement fees (NT) (Paper 1142).

        Paper tabled: Mr Vatskalis laid on the Table the following Paper –

        Legal Advice from Michael Grant QC re Administration of Petroleum Activities within the Offshore Area of the Territory, Ashmore and Cartier Islands, dated 25 November 2010 (Paper 1143).
          3.04pm Mr Gunner to Mr McCarthy.

          Answer to question: Dr Burns provided additional information to a question asked earlier this day by the Member for Macdonnell (Ms Anderson) re a response to a petition related to Baniyala School.

          The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
      11. DOMESTIC AND FAMILY VIOLENCE AMENDMENT BILL 2010 (Serial 128):
          The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bill be now read a second time –
          Debate resumed.
          Paper tabled: Lawrie laid on the Table the following Paper –

          DVO’s Type availability by Jurisdiction (Paper 1161).

          Debate continued.
          Question – put and passed.
          Bill read a second time.
          The Assembly resolved itself into a 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 5, by leave, taken together and agreed to.
          Clause 6 read.
          On the motion of the Attorney-General (Ms Lawrie) the following amendment was agreed to, after debate -
            Clause 6(1), proposed section 23(1) -

            omit, insert

            (1) This section applies if:
                  (a) the defendant and protected person live together or previously lived together in premises; and

                  (b) the defendant or protected person is a tenant of the premises or both of them are tenants of the premises (regardless of whether anyone else is a tenant of the premises); and

                  (c) either:


                    (i) a court DVO includes a premises access order for the premises; or

                    (ii) the protected person no longer wishes to live in the premises.

          On the motion of Ms Lawrie the following further amendment was agreed to, after debate -

          After clause 6(2) -
                    insert
              (3) Section 23(3)(a)(iii), after "protected person"

                insert

                or defendant (as appropriate)

          Clause 6, as amended, agreed to.
          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 Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.

      12. WATER AMENDMENT BILL 2010 (Serial 137):
          The Order of the Day having been read for the resumption of debate on the question – That he Bill be now read a second time –
          Debate resumed.
          ______________

          Visitors: The Deputy Speaker (Ms Walker) advised Members of the presence in the public galleries of Epenarra School students.
          On behalf of all members the Deputy Speaker extended a warm welcome to the visitors.
          ______________

          Debate continued.
          Question – put and passed.
          Bill read a second time.
          The Assembly resolved itself into a Committee of the Whole for consideration of the Bill.
          _________________
          In Committee

          (Deputy Speaker and Chair of Committees Ms Walker in the Chair)

          Bill, by leave, taken as a Whole.
          Mr Tollner moved the following amendment –
          Clause 5:
          In proposed section 111 (2), after the words ”purported licence”, insert, “(not being a water extraction licence)”.

          Debate ensued.
          Amendment negatived.
          Bill, as printed, agreed to.
          Bill to be reported without amendment.
          _______________

          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 as printed.
          And the Report was adopted.
          On the motion of the Minister for Natural Resources, Environment and Heritage (Mr Hampton) the Bill was read a third time and passed to be a proposed law.
      13. TRAVEL REPORT BY SPEAKER – REMUNERATION TRIBUNAL DETERMINATION PARAGRAPH 3.15 (INTERSTATE) – PAPER TABLED:
          Paper tabled: The Speaker laid on the Table the following –

          Travel Report by the Member for Greatorex (Mr Conlan) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel 26 and 27 November 2010 re Aero Medical Services aircraft in the Territory, letter dated 1 December 2010 (Paper 1163).
        14. REMUNERATION TRIBUNAL REPORT ON THE ENTITLEMENTS OF ASSEMBLY MEMBERS AND DETERMINATION No. 1 of 2010 – REPORT NOTED:
            The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Paper –
            Debate resumed.
            Question – put and passed.
        15. COUNCIL OF TERRITORY CO-OPERATION THIRD PROGRESS REPORT, NOVEMBER 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.
            On the motion of the Member for Johnston (Dr Burns) debate was adjourned.
        16. A WORKING FUTURE – MINISTERIAL STATEMENT – 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 Brennan (Mr Chandler) the Member for Barkly (Mr McCarthy) was granted an extension of time, pursuant to Standing Order 77.

            Debate continued.
            On the motion of the Treasurer (Ms Lawrie) debate was adjourned.
        17. TREASURER'S MID - YEAR REPORT 2010/2011 - PAPER TABLED - MOTION TO NOTE REPORT:
            The Treasurer (Ms Lawrie) laid on the Table the Treasurer's Mid-Year Report 2010/2011 (Paper 1164).
            Ms Lawrie made a statement relating thereto.
            Ms Lawrie moved - That the Assembly take note of the Report.
            Leave granted to Ms Lawrie to continue her remarks at a later hour.
            Debate adjourned.
        18. OUR PATH TO STATEHOOD – MINISTERIAL STATEMENT – STATEMENT NOTED:
            The Minister for Statehood (Ms McCarthy) made a statement relating to the Territory’s progress towards Statehood.
            Ms McCarthy moved – That the Assembly take note of the Statement.
            Debate ensued.
            ____________

            Pairs: The Speaker laid on the Table the following further Pair arrangements for today -

            The Member for Arafura (Ms Scrymgour) with the Member for Port Darwin (Mr Elferink) for the period 6.30pm to close of business 2 December 2010 (Paper 1166).
            ______________

            Debate continued.
            Paper tabled: Mrs Aagaard laid on the Table the following Papers –

            Memorandum to Commonwealth Electoral Officer for State of South Australia re Roll for Division of Grey and removal of the Northern Territory, date 30 March 1911 by Mr Oldham, Chief Electoral Officer, Melbourne and acknowledgment letter by Commonwealth Electoral Officer for the State of South Australia (Paper 1167); and
            Letter, Bradshaw, Mr Joe, Bradshaw’s Run, Victoria River Port Darwin, dated 9 November 1910 to Hon Minister for Home Affairs and acknowledgement by Secretary to Minister for Home Affairs, dated 24 November 1910 (Paper 1168).
              Debate continued.
              Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Greatorex (Mr Conlan) was granted an extension of time, pursuant to Standing Order 77.

              Debate continued.
              Question – put and passed.
          19. PETITION:
              Response:
              The Clerk, pursuant to Standing Order 100A presented a response to Petition No. 40 relating to an application by the NT Christian Schools Association to establish a non-government school at Baniyala community (Paper 1165).
          20. MATTER OF PUBLIC IMPORTANCE – WATER FOR AGRICULTURAL INDUSTRIES:
              The Speaker advised the Assembly the Member for Fong Lim (Mr Tollner) had proposed the following definite Matter of Public Importance for discussion this day:
                  The failure of government to adequately ensure the provision of water to the Northern Territory’s agricultural industries.

              The proposed discussion having received the necessary support –
              Discussion ensued.
              Discussion concluded.

          21. ADJOURNMENT:
              The Leader of Government Business (Dr Burns) moved – That the Assembly do now adjourn.
              Debate ensued.
              And the Assembly adjourned at 10.20pm until 15 February 2011 at 10am or such other time and date as may be set by the Speaker, pursuant to Sessional Order.
              ________________

              PAPERS:
              The following Papers were deemed to have been presented on Thursday 2 December 2010 -
                Annual Reports
                Aboriginal Areas Protection Authority, 2009/2010 (Paper 1155)
                Australian Health Practitioner Regulation Agency, 2009/2010 (Paper 1151)
                Building a Better Future for Young Territorians, 2009/2010 (Paper 1152)
                Children’s Commissioner Northern Territory, 2009/2010 (Paper 1154)
                Darwin Port Corporation, 2009/2010 (Paper 1147)
                Darwin Waterfront Corporation, 2009/2010 (Paper 1145)
                Department of Lands and Planning, 2009/2010 (Paper 1149)
                Land Development Corporation, 2009/2010 (Paper 1150)
                NT Build, 2009/2010 (Paper 1148)
                NT Child Deaths Review and Prevention Committee, 2009/2010 (Paper 1153)
                Public Accounts Committee, 2009/2010, Northern Territory Legislative Assembly (Paper 1144)
                Tourism NT, 2009/2010 (Paper 1146)

                Erratum
                Department of Construction and Infrastructure, Replacement page for page 44, (Paper No. 1045 previously tabled on 28 October 2010) (Paper 1157)

                Regulations 2010
                No. 25, Workplace Health and Safety Amendment Regulations (No. 2) (Paper 1158)
                No. 26, Construction Contracts (Security of Payments) Amendment Regulations (Paper 1159)
                No. 27, Juries Amendment Regulations (Paper 1160)

                Report
                Report on the Review of the Professional Standards Act – November 2010, Department of Justice (Paper 1156)

                Utilities Commission
                Review of Electricity Standards of Service for the Northern Territory – Final Report November 2010, Utilities Commission (Paper 1162)
            _________________
                ATTENDANCE:
                All Members attended the sittings.




                Ian McNeill
                Clerk of the Legislative Assembly
          Last updated: 04 Aug 2016