Minutes of Proceedings - 2005-08-16
1. MEETING:
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
5. DISTINGUISHED VISITORS:
9. PUBLIC ACCOUNTS COMMITTEE - CHANGE OF MEMBERSHIP - MOTION AGREED TO:
10. LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE - CHANGE OF MEMBERSHIP - MOTION AGREED TO:
11. PRIVILEGES COMMITTEE - APPOINTMENT OF MEMBERSHIP - MOTION AGREED TO:
12. HOUSE COMMITTEE - APPOINT MEMBERSHIP - MOTION AGREED TO:
13. STANDING ORDERS COMMITTEE - APPOINTMENT OF MEMBERSHIP - MOTION AGREED TO:
14. SUBORDINATE LEGISLATION AND PUBLICATIONS COMMITTEE – APPOINTMENT OF MEMBERSHIP – MOTION AGREED TO:
(1) The membership of the Sessional Committee on Sport and Youth comprise three government members, two members of the opposition and one independent member nominated to the Speaker;
(2) The following members be appointed to the Committee:
19. MINISTERIAL REPORTS:
20. NUCLEAR WASTE DUMP - MOTION AGREED TO:
21. VISITORS:
23. QUESTIONS:
- The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 7 July 2005. The Speaker, the Honourable Mrs J. L. Aagaard, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
- The Speaker laid on the Table the following Message from the Administrator -
MESSAGE No. 4
Assent to Proposed Laws
I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
30 June 2005
- Supply Act 2005/2006 (Act No. 25 of 2005)
- Appropriation Bill (No. 2) 2005/2006 (Act No. 26 of 2005)
Pay-roll Tax Amendment Bill (No. 2) 2005 (Act No. 27 of 2005)
Stamp Duty Amendment Bill (No. 2) 2005 (Act No. 29 of 2005)
Taxation (Administration) Amendment Bill (No. 2) 2005 (Act No. 28 of 2005)
Dated 12 August 2005.
Sgd. E J Egan
Administrator (Paper 145)
- The Speaker advised Members of the presence in the public gallery of students from the Batchelor Institute of Indigenous Tertiary Education accompanied by Ms Ren Barnett. The Speaker extended a warm welcome to the visitors.
5. DISTINGUISHED VISITORS:
- The Speaker advised Members of the presence in the Speaker's Gallery of Mr Michael Barrett AM, Official Secretary to Administrators of the Northern Territory from 1979 to 1991 and a former Executive Director of the Australian Red Cross, NT Division and Mrs Ann Barrett, the Official Secretary to former Administrator Jock Nelson from 1971 - 1975 and a cabinet officer with the Northern Territory Government for 15 years.
The Speaker extended a warm welcome to the distinguished visitors.
- The Acting Chief Minister (Mr Stirling), by leave, made a statement informing the Assembly of Ministers and the administrative arrangements of Government as follows and laid on the Table the New Administrative Arrangements Order as of 11 July 2005, Gazette S28, dated 11 July 2005 (Paper 146).
Clare Majella Martin
Chief Minister
Minister for Tourism
Minister for Asian Relations and Trade
Minister for the AustralAsia Railway
Minister for Indigenous Affairs
- Sydney James Stirling
Treasurer
Minister for Employment, Education and Training
Minister for Racing, Gaming and Licensing
- Peter Howard Toyne
Minister for Justice and Attorney-General
Minister for Health
Minister for Central Australia
- Paul Raymond Henderson
Minister for Business and Economic Development
Minister for Police, Fire and Emergency Services
Minister for Regional Development
Minister for Defence Support
Minister for Essential Services
- Christopher Bruce Burns
Minister for Planning and Lands
Minister for Infrastructure and Transport
Minister for Public Employment
Minister for Corporate and Information Services
Minister for Communications
Konstantine Vatskalis
Minister for Primary Industry and Fisheries
Minister for Mines and Energy
Minister for Multicultural Affairs
Marion Rose Scrymgour
Minister for Natural Resources, the Environment and Heritage
Minister for Parks and Wildlife
Minister for Arts and Museums
Minister for Young Territorians
Minister for Women’s Policy
Minister for Senior Territorians
Elliot Arthur McAdam
Minister for Local Government
Minister for Housing
Minister assisting the Chief Minister on Indigenous Affairs
Delia Phoebe Lawrie
Minister for Family and Community Services
Minister for Sport and Recreation
- The Leader of the Opposition (Ms Carney), by leave, advised members of the Opposition portfolio responsibilities, with effect from 16 August 2005, as follows:
- Ms Jodeen Carney - Member for Araluen
Leader of the Opposition
Justice and Attorney General
Police, Fire and Emergency Services
Planning and Lands
AustralAsia Railway
Defence Support
Women’s Policy
Mrs Fay Miller - Member for Katherine
Deputy Leader of the Opposition
Tourism
Mines and Energy
Primary Industry and Fisheries
Transport and Infrastructure
Natural Resources, Environment and Heritage
Regional Development
Senior Territorians
Dr Richard Lim - Member for Greatorex
Opposition Whip
Health
Family and Community Services
Essential Services
Corporate and Information Services
Communications
Local Government
Housing
Multicultural Affairs
Central Australia
Mr Terry Mills - Member for Blain
Treasury
Employment, Education and Training
Racing, Gaming and Licensing
Asian Relations and Trade
Business and Economic Development
Indigenous Affairs
Public Employment
Parks and Wildlife
Sport and Recreation
Arts and Museums
Young Territorians
- The Acting Chief Minister (Mr Stirling) moved - That leave of absence be granted to the Chief Minister (Ms Martin) for this sittings week, 16 to 18 August 2005.
Debate ensued.
Question - put and passed.
9. PUBLIC ACCOUNTS COMMITTEE - CHANGE OF MEMBERSHIP - MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, moved - That,
(a) the Member for Millner (Mr M Bonson) and the Member for Karama (Ms D Lawrie), be discharged from service on the Public Accounts Committee; and
(b) the Member for Goyder (Mr T Warren) and the Member for Drysdale (Mr C Natt), be appointed in their stead.
Question - put and passed.
10. LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE - CHANGE OF MEMBERSHIP - MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, moved - That,
(a) the Member for Sanderson (Mr L Kiely) and the Member for Millner (Mr M Bonson), be discharged from service on the Legal and Constitutional Affairs Committee; and
(b) the Member for Brennan (Mr J Burke) and the Member for Arnhem (Ms B McCarthy), be appointed in their stead.
Question - put and passed.
11. PRIVILEGES COMMITTEE - APPOINTMENT OF MEMBERSHIP - MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, moved - That, unless otherwise ordered and notwithstanding anything contained in Standing Orders, the membership of the Privileges Committee comprise three government members, two members of the opposition and one independent member nominated to the Speaker, and the following members be appointed to the Privileges Committee:
- Mr S Stirling, Dr P Toyne, Dr C Burns, Ms J Carney and Mr T Mills; and
The committee shall elect a government member as Chairman.
Question - put and passed.
12. HOUSE COMMITTEE - APPOINT MEMBERSHIP - MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, moved - That, unless otherwise ordered and notwithstanding anything contained in Standing Orders, the membership of the House Committee comprise three government members, two members of the opposition and one independent member nominated to the Speaker, and the following members be appointed to the House Committee:
Madam Speaker (Mrs J Aagaard), Mr K Vatskalis, Ms K Sacilotto, Ms J Carney and Mrs F Miller; and
The committee shall elect a government member as Chairman.
Question - put and passed.
13. STANDING ORDERS COMMITTEE - APPOINTMENT OF MEMBERSHIP - MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, moved - That, unless otherwise ordered and notwithstanding anything contained in Standing Orders, the membership of the Standing Orders committee comprise three government members, two members of the opposition and one independent member nominated to the Speaker, and the following members be appointed to the Standing Orders Committee:
Madam Speaker (Mrs J Aagaard), Mr P Henderson, Mr J Burke, Dr R Lim, Mrs F Miller and Mrs L Braham; and
The committee shall elect a government member as Chairman.
Question - put and passed.
14. SUBORDINATE LEGISLATION AND PUBLICATIONS COMMITTEE – APPOINTMENT OF MEMBERSHIP – MOTION AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, moved – That, unless otherwise ordered and notwithstanding anything contained in Standing Orders, the membership of the Subordinate Legislation and Tabled Papers Committee comprise three government members, two members of the opposition and one independent member nominated to the Speaker, and the following members be appointed to the Subordinate Legislation and Tabled Papers Committee:
Mr J Burke, Ms K Sacilotto, Ms A Anderson, Ms J Carney and Mrs F Miller; and
The committee shall elect a government member as Chairman.
Question - put and passed.
- The Leader of Government Business (Mr Henderson), by leave, moved - That, a committee to be known as the Sessional Committee on Sport and Youth be appointed in accordance with the terms of reference circulated to members and as follows:
Membership
(1) The membership of the Sessional Committee on Sport and Youth comprise three government members, two members of the opposition and one independent member nominated to the Speaker;
(2) The following members be appointed to the Committee:
- Mr C Natt, Ms B McCarthy, Mr M Bonson, Mr T Mills, Mrs F Miller and Mr G Wood; and
(3) The committee shall elect a government member as Chairman.
Terms of Reference
- That,
1. The Sessional Committee on Sport and Youth be empowered, unless otherwise ordered, to inquire into and report on the delivery of sporting programs for the Territory's youth, in particular:
- (a) the ability and effectiveness of existing structures and programs, from grassroots to elite, to deliver in urban, regional and remote areas, and recommendations for improvement;
(b) the role and benefit of School Sport NT programs and links to participation;
(c) demonstrated links between participation in sport and reduced antisocial behaviour; and
- (2) The 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;
(3) 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 to take place in public;
(4) The committee have power to appoint subcommittees consisting of two or more of its members and to refer to any such subcommittee any matter which the committee is empowered to examine and that the quorum of a subcommittee shall be two; and
(5) The foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.
Questions - put and passed.
Motions agreed to.
- The Speaker laid on the Table her Warrant for the appointment of Deputy Chairmen of Committees as follows:
W A R R A N T
Pursuant to the provisions of Standing Order 12, I hereby revoke all previous warrants nominating Members to act as Deputy Chairmen of Committees and nominate the following Members to act as Deputy Chairmen of Committees: Mr Gerry Wood and Mr Matthew Bonson, when requested so to do by the Chairman of Committees.
Given under my hand this 16th day of August 2005.
Sgd. Jane Aagaard
Speaker (Paper 148)
- The Speaker advised members of her intention to present the Address-in-Reply to His Honour the Administrator at Government House on Thursday 25 August 2005, at 11am.
- The Member for Arafura (Ms Scrymgour) presented petition No. 1, from 49 petitioners requesting the Daly River be protected for the benefit of all Territorians (Paper 149).
Petition read.
Response to Petitions: The Clerk, pursuant to Standing Order 100A, presented responses to petitions Nos. 71 and 76 and advised Members the terms of the petitions would be incorporated in the Hansard record (Paper 150).
19. MINISTERIAL REPORTS:
- Literacy Programs: The Minister for Employment, Education and Training (Mr Stirling) reported on secondary education literacy programs in urban and remote areas.
Mr Mills responded thereto.
Mr Stirling responded accordingly.
Smoke Detectors, Public Housing: The Minister for Housing (Mr McAdam) reported on the placement of smoke detectors in all Territory Housing.
Dr Lim responded thereto.
Mrs Braham responded thereto, by leave of the Speaker.
Mr McAdam responded accordingly.
Petrol Sniffing: The Minister for Family and Community Services (Ms Lawrie) reported on petrol sniffing programs being implemented in the Territory.
Dr Lim responded thereto.
Mrs Braham responded thereto, by leave of the Speaker.
Mr Lawrie responded accordingly.
- Ministerial Reports noted, pursuant to Sessional Order.
20. NUCLEAR WASTE DUMP - MOTION AGREED TO:
- The Treasurer (Mr Stirling) sought leave to move a motion relating to the proposed nuclear waste dump in the Northern Territory.
Leave denied: A dissentient voice being raised - leave was denied.
Suspension of Standing Orders: The Treasurer (Mr Stirling) thereupon moved - That so much of Standing Orders be suspended as would prevent him moving a motion forthwith relating to the proposed location of a nuclear waste dump in the Northern Territory.
Question - put and passed.
The Treasurer (Mr Stirling) thereupon moved - The Assembly requests that:
- (a) the Commonwealth Government honour their election promise to not locate a Nuclear Waste Dump in the Northern Territory;
(b) the Commonwealth Government respect the sovereignty of the Northern Territory and this parliament and does not take advantage of the fact that we are a Territory, not a State;
(c) the Commonwealth Government respect the Northern Territory’s legislation banning the transport and disposal of Nuclear Waste in Territory;
(d) the Northern Territory members of the Commonwealth Parliament stand up for the Territory and oppose the location of a Nuclear Waste Dump in the Territory and if necessary cross the floor in Parliament; and
(e) the Speaker forward the terms of this motion and associated debate to the President of the Senate and Speaker of the House of Representatives of the Commonwealth Parliament.
Debate ensued.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 12.06pm and 2.10pm.
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21. VISITORS:
- The Speaker advised members of the presence in the public gallery of Members of the University of the Third Age; Senior Citizens from the Brennan electorate; Aboriginal Community Police Officers training at Charles Darwin University accompanied by Ms Wendy Kennedy and Ms Stella Huttlestone.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The following notices were given:
Dr Toyne: To present the Magistrates Amendment Bill 2005 (Serial 15).
Mrs Braham: To present the Residential Tenancies Amendment (Termination for Unacceptable Conduct) Bill (No. 2) 2005 (Serial 12).
Ms Carney: To present the Evidence Amendment Bill 2005 (Serial 14).
Dr Lim: To present the Electoral Amendment Bill 2005 (Serial 16).
Mr Mills: To move - That this Assembly call on the Chief Minister to explain to Territorians why her government’s election announcement of 2,500 new apprentices cannot be achieved and why the completion rate of new apprentices will be only 48%.
Ms Carney: To move - That this Assembly refers to the Legal and Constitutional Affairs Committee for consideration the recommendation that there be fixed parliamentary terms for the Legislative Assembly of the Northern Territory.
Mr Mills: To move - That this Assembly calls on the Chief Minister to explain to Parliament why the Government has not formulated a plan or strategy to secure a long term alternative energy supply for the generation of electricity for the NT.
Ms Carney: To move - That this Assembly refers to the Public Accounts Committee for consideration extending the operation of the Estimates Committee for a further 4 days to enable an appropriate, reasonable and accountable level of scrutiny of the Budget.
Dr Burns: To move - That this Assembly:
23. QUESTIONS:
- 2.15pm Ms Carney to Mr Vatskalis.
2.20pm Ms Anderson to Mr Stirling.
Paper tabled: The Acting Chief Minister (Mr Stirling) laid on the Table the following Paper -
2.24pm Ms Carney to Mr Vatskalis.
2.26pm Mr Burke to Mr Stirling.
2.29pm Ms Carney to Ms Lawrie.
2.34pm Mr Bonson to Dr Toyne.
2.37pm Mrs Braham to Dr Toyne.
2.39pm Mr Kiely to Ms Scrymgour.
2.42pm Ms Carney to Ms Lawrie.
2.45pm Ms Sacilotto to Dr Toyne.
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Distinguished visitors: Rear Admiral Michael LeFever, Commander Expeditionary Strike Group One; Commodore Denny DuBard, Commander Amphibious Squadron One; Colonel Jim LaVine, Commanding Officer 13th Marine Expeditionary Unit; Lieutenant Micaela Golding - United States Navy; and Ms Karen Olgel, Consul from the Consulate-General of the United States of America; and Captain Peter Marshall, ADC RAN, Commander Australian Navy Patrol Boat Group.
On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.
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2.49pm Dr Lim to Dr Toyne.
2.54pm Mr Natt to Mr Henderson.
2.59pm Mr Wood to Mr Stirling.
3.02pm Ms McCarthy to Dr Burns.
3.04pm Dr Lim to Dr Toyne.
Paper tabled: The Minister for Health (Dr Toyne) laid on the Table the following Paper -
3.09pm Mr Warren to Mr Henderson.
The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
- The Order of the Day having been read for the resumption of debate on the motion relating to the proposed nuclear waste dump in the Northern Territory, suspended earlier this day -
Debate resumed.
Question - put and passed.
- 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.
Leave granted for a motion for the third reading to be moved forthwith.
On the motion of the Minister for Justice and Attorney-General (Dr Toyne) the Bill was read a third time and passed to be a proposed law.
- The Minister for Primary Industry and Fisheries (Mr Vatskalis) made a statement relating to the significant contribution that fishing, aquaculture and our seafood industry make to our economy and its importance to indigenous Territorians.
Mr Vatskalis moved - That the Assembly take note of the Statement.
Debate ensued.
Paper tabled: The Member for Katherine (Mrs Miller), by leave, laid on the Table the following Paper -
Debate continued.
Question - put and passed.
- The Leader of Government Business (Mr Henderson) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Braitling (Mrs Braham), by leave, laid on the Table the following Paper -
Debate continued.
Question - put and passed.
The Assembly adjourned at 8.52pm until tomorrow at 10am.
PAPERS:
The following Papers were deemed to have been presented on Tuesday 16 August 2005 -
- Casino Operator’s Agreement:
Variation Agreement between Minister for Racing, Gaming and Licensing and Lasseters Casino PTY LTD, dated 29 July 2005 (Paper 159)
Variation Agreement between Sydney James Stirling as Minister responsible for the Gaming Control Act and Skycity Darwin PTY Limited and Skycity Australia PTY LTD, dated 8 June 2005 (Paper 158)
Financial Management Act:
Increase in Treasurer’s Advance, pursuant to section 19 (1), dated 28 June 2005 (Paper 154)
Increase in Treasurer’s Advance, pursuant to section 19 (1), dated 30 May 2005 (Paper 155)
Transfer of Excess Allocations, pursuant to section 20, dated 30 June 2005 (Paper 156)
Transfer of Excess Allocations, pursuant to section 20, dated 18 May 2005 (Paper 157)
Health and Community Services Complaints Act:
Appointment of Commissioner for Health and Community Services Complaints, Carolyn Anne Richards, dated 10 August 2005 (Paper 153)
Ombudsman Act:
Appointment of Ombudsman, Carolyn Anne Richards, dated 10 August 2005 (Paper 152)
Regulations 2005:
No. 23, Construction Industry Long Service Leave and Benefits Determinations (Paper 160)
No. 24, Northern Territory Government and Public Authorities Superannuation Scheme Amendment Rules 2005 (Paper 161)
No. 25, Darwin Port (Handling and Transport of Dangerous Cargoes) By-laws (Paper 162)
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- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016