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Department of the Legislative Assembly, Northern Territory Government

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Minutes of Proceedings - 2006-10-11

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

2. PRAYERS.

3. VISITORS:
      The Speaker advised Members of the presence in the Speaker's Gallery of Family and friends of Mr Eddie Quong, Ms Nerys Evans, Bishop Ted Collins, Ms Greta Quong, and 3 of his 4 children.
4. CONDOLENCE - Mr EDDIE QUONG OAM - MOTION AGREED TO:
      The Chief Minister (Ms Martin), by leave, moved - That this Assembly express its deep regret at the death of Mr Eddie Quong OAM, a highly respected and long-time member of our Top End community.
      The Chief Minister (Ms Martin) addressed the Assembly.
      ______________

      Distinguished visitor: The Speaker advised Members of the presence in the Speaker's Gallery of the Honourable Austin Asche AO, a former Administrator of the Northern Territory.
      ______________

      The Leader of the Opposition (Ms Carney) addressed the Assembly.
      Debate ensued.
      Question - put and passed.

      As a mark of respect Members stood in their places for one minute, in silence.
5. PETITIONS:
      The Member for Blain (Mr Mills) presented petition No. 42 from 2057 petitioners relating to after hours bulk billing medical services in Palmerston (Paper 648).
      Petition read.

      The Member for Araluen (Ms Carney) presented petition No. 39 from 218 petitioners requesting the sale and use of fireworks be banned (Paper 649).
      Petition not read.

      The Member for Nelson (Mr Wood), by leave, petition No. 41, not conforming with Standing Orders, from 228 petitioners relating to the closure of the Farrar Medical Centre (Paper 650).
      Petition read.

      The Member for Millner (Mr Bonson), by leave, presented petition No. 43, not conforming with Standing Orders, from 84 petitioners relating to the non support of Aboriginal people for abortion bills, Medical Services Amendment Bill 2006 (Serial 70) and Criminal Reform Amendment Bill 2006 (Serial 71) (Paper 651).
      Petition read.

      Responses to petitions: The Clerk, pursuant to Standing Order 100A, laid on the Table a response to petition No. 38 relating to the modernisation of the subdivision process to account for environmental sustainability (Paper 652).
      The Clerk advised the Assembly the text of the response would be incorporated in the Hansard record.
6. MINISTERIAL REPORTS:
      Export and Industry Export Awards, 2006: The Chief Minister (Ms Martin) reported on the Chief Minister's NT Export and Industry Award for 2006 and associated activities.
      Mr Mills responded.

      Liquor Outlets, Suburban: The Minister for Racing, Gaming and Licensing (Dr Burns) reported on a pilot suburban liquor outlet strategy of the government.
      Mr Mills responded.
      Dr Burns responded.

      Regional Arts Australia Conference 2008: The Minister for Arts and Museums (Ms Scrymgour) reported on the proposed Regional Arts Australia national conference, Alice Springs 2008 and associated activities.
      Paper tabled: Ms Scrymgour laid on the Table the following document -
Art at the heart, CD and from the Edge to the Heart, DVD (Paper 653 and 654 respectively).

      Mr Mills responded.
      Ms Scrymgour responded.

      Gold Mining in the Territory: The Minister for Mines and Energy (Mr Natt) reported on gold mining production in the Territory.
      Ms Carney responded.
      Mr Natt responded.

      Ministerial Reports noted, pursuant to Standing Orders.

7. MEDICAL SERVICES AMENDMENT BILL 2006 (Serial 70) and CRIMINAL REFORM AMENDMENT BILL (No. 2) 2006 (Serial 71) - MOTION FOR SEPARATE QUESTIONS TO BE PUT ON EACH BILL CONSIDERATION STAGE:
      The Member for Blain (Mr Mills), by leave, moved - That separate questions be put for the second reading, the committee report stage and third reading of the Medical Services Amendment Bill 2006 (Serial 70) and Criminal Reform Amendment Bill (No. 2) 2006 (Serial 71).
      Debate ensued.
      Debate suspended.
      ______________

      Suspension of sittings: The sittings of the Assembly was suspended between 11.56am to 2pm.
      ______________
8. QUESTIONS:
      2pm Ms Carney to Ms Martin.
      2.22pm Mr Kiely to Ms Martin.
      2.08pm Ms Carney to Ms Martin.
      2.13pm Mr Hampton to Dr Burns.
      2.16pm Ms Carney to Ms Martin.
      2.22pm Mr Bonson to Mr Stirling.
      2.26pm Mrs Braham to Ms Scrymgour.
      2.29pm Ms Carney to Ms Martin.
      2.33pm Mr Knight to Mr Natt.
      2.36pm Ms Carney to Ms Martin.
      2.41pm Mr Warren to Ms Lawrie.
      2.43pm Mr Wood to Dr Burns.
      2.44pm Ms McCarthy to Mr Henderson.
      2.48pm Ms Carney to Ms Martin.
      2.52pm Mr Burke to Ms Scrymgour.
      2.56pm Ms Carney to Ms Martin.
      3.01pm Ms McCarthy to Mr Vatskalis.

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

      Answer to question: The Minister for Employment, Education and Training (Mr Henderson) provided further information to a question asked by the Member for Nelson (Mr Wood) relating to participation of graduates from rural areas in the Bachelor of Teacher and Learning Degree at CDU.

      The Minister for Women's Policy (Ms Scrymgour) provided further information to a question asked yesterday by the Leader of the Opposition (Ms Carney) relating to provision of the Domestic Violence Data Collection Report.
9. MEDICAL SERVICES AMENDMENT BILL 2006 (Serial 70) and CRIMINAL REFORM AMENDMENT BILL (No. 2) 2006 (Serial 71) - MOTION FOR SEPARATE QUESTIONS TO BE PUT ON PROCEEDINGS OF EACH BILL STAGE - NEGATIVED:
      The Order of the Day having been read for the resumption of debate on the question - That separate questions be put for the second reading, the committee report stage and third reading of the Medical Services Amendment Bill 2006 (Serial 70) and Criminal Reform Amendment Bill (No. 2) 2006 (Serial 71).
      Debate resumed.
      Question - That the motion be agreed to - put.
      The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

      AYES, 5 NOES, 17

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


      Motion negatived accordingly.
10. MEDICAL SERVICES AMENDMENT BILL 2006 (Serial 70) and CRIMINAL REFORM AMENDMENT BILL (No. 2) 2006 (Serial 71):
      The Order of the Day having been read for the resumption of debate on the question - That the Bills be now read a second time -
      Debate resumed.
      Question - put and passed.
      Bills read a second time.
      The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
      __________________

      In Committee
      (Chairman - Mr Knight)


      Medical Services Amendment Bill 2006 (Serial 70):

      Clauses 1 and 3, by leave, taken together and agreed to.
      New Clause 3A.
      On the motion of the Minister for Justice and Attorney-General (Mr Stirling) the following new Clause 3A was inserted in the Bill, after debate.
            3A. Amendment of section 4 (Application)
                Section 4, after "This Act" insert (other than section 11)
        New Clause 3A.
        The Member for Greatorex (Dr Lim) moved the following amendment -

        Insert after Clause 3 the following:
            3A. Amendment of section 4 (Application)

            (1) Section 4

                omit

                This

                insert

                (1) This

            (2) Section 4, at the end
                insert

                (2) In addition, this Act does not apply to the provision of medical services for the termination of a pregnancy.


        Debate ensued.
        Amendment negatived.

        Clause 4 read.
        Debate ensued.
        The Member for Nelson (Mr Wood) moved the following amendment -
            In proposed section 11(2), Omit all words after "obstetrician".
        Debate ensued.
        Amendment negatived.

        The Member for Greatorex (Dr Lim) moved the following amendment -
        Omit proposed section 11(3) and insert in its stead:
            (3) It is lawful for a medical practitioner who is a gynaecologist or obstetrician to give medical treatment with the intention of terminating a woman's pregnancy if:
                (a) after medically examining her, the practitioner:
                    (i) reasonably believes she has been pregnant for not more than 23 weeks; and

                    (ii) is of the opinion termination of the pregnancy is immediately necessary to prevent serious harm to her physical or mental health; and

                (b) when giving the treatment, the practitioner reasonably believes she has been pregnant for not more than 23 weeks; and

                (c) the appropriate person consents to the giving of the treatment.


        Debate ensued.
        Amendment negatived.

        On the motion of Mr Stirling the following amendment was agreed to, after debate.
        In proposed section 11(8), insert (in alphabetical order) -
            "hospital" includes a private hospital for which a licence is in force under the Private Hospitals and Nursing Homes Act;
        Clause 4, as amended, agreed to, after debate.
        Remainder of the Bill, by leave, taken as a whole and agreed to.
        Bill to be reported with amendments.


        Criminal Reform Amendment Bill (No. 2) 2006 (Serial 71):

        Clauses 1 to 4, by leave, taken together and agreed to.
        Clause 5 read.
        The Member for Nelson (Mr Wood) moved the following amendment -

        In proposed new section 1B, OMIT "born" and insert in its stead "conceived".

        Debate ensued.
        Amendment negatived.
        Clause 5, as printed, agreed to.
        Clauses 6 to 18, by leave, taken together and agreed to.
        Clause 19 read.

        The Member for Greatorex (Dr Lim) moved the following amendment -
        Omit proposed sections 208B and 208C, note.

        Debate ensued.
        Amendment negatived.

        The Member for Greatorex (Dr Lim) moved the following further amendment -
        Insert after proposed section 208C, in Division 8 the following:
            208CA. Medical termination of pregnancy
                (1) It is lawful for a medical practitioner to give medical treatment with the intention of terminating a woman's pregnancy if:
                    (a) after medically examining her, the practitioner reasonably believes she has been pregnant for not more than 14 weeks; and

                    (b) after medically examining her, the practitioner and another medical practitioner are of the opinion, formed in good faith:

                        (i) the continuance of the pregnancy would involve greater risk to her life or greater risk of harm to her physical or mental health than if the pregnancy were terminated; or

                        (ii) there is a substantial risk that, if the pregnancy were not terminated and the child were born, the child would be seriously handicapped because of physical or mental abnormalities; and

                    (c) the treatment is given in a hospital; and

                    (d) when giving the treatment, the practitioner reasonably believes she has been pregnant for not more than 14 weeks; and

                    (e) the appropriate person consents to the giving of the treatment.

                (2) At least one of the medical practitioners required to form an opinion mentioned in subsection (1)(b)(i) or (ii) must be a gynaecologist or obstetrician unless it is not reasonably practicable in the circumstances to get a gynaecologist or obstetrician to examine the woman.

                (3) It is lawful for a medical practitioner who is a gynaecologist or obstetrician to give medical treatment with the intention of terminating a woman's pregnancy if:

                    (a) after medically examining her, the practitioner:
                        (i) reasonably believes she has been pregnant for not more than 23 weeks; and

                        (ii) is of the opinion termination of the pregnancy is immediately necessary to prevent serious harm to her physical or mental health; and

                    (b) when giving the treatment, the practitioner reasonably believes she has been pregnant for not more than 23 weeks; and

                    (c) the appropriate person consents to the giving of the treatment.

                (4) It is lawful for a medical practitioner to give medical treatment with the intention of terminating a woman's pregnancy if:
                    (a) the treatment is given or carried out in good faith for the sole purpose of preserving her life; and

                    (b) the appropriate person consents to the giving of the treatment.

                (5) The appropriate person for giving consent to medical treatment under subsection (1), (3) or (4) is:
                    (a) the woman if she:
                        (i) is at least 16 years of age; and

                        (ii) is otherwise capable in law of giving the consent; or

                    (b) each person having authority in law apart from this subsection to give the consent if the woman:
                        (i) is under 16 years of age; or

                        (ii) is otherwise incapable in law of giving the consent.

                (6) A person is not under any duty to terminate or assist in terminating a woman's pregnancy, or to dispose of or assist in disposing of an aborted foetus, if the person has a conscientious objection to doing so.

                (7) This section does not relieve a medical practitioner, in giving medical treatment with the intention of terminating a woman's pregnancy, from liability to give the treatment:

                    (a) with professional care; and

                    (b) otherwise according to law.

                (8) In this section:
                    "medical treatment" includes surgery;

                    "woman" includes any female.

        Debate ensued.
        Amendment negatived.
        Clause 19, as printed, agreed to.

        Remainder of the Bill, by leave, taken as a whole and agreed to.
        Bill to be reported without amendment.
        _______________

        The Assembly resumed; the Speaker (Mrs Aagaard) took the Chair; the Chairman of Committees and Deputy Speaker (Mr Knight) reported the -
    Medical Services Amendment Bill 2006 (Serial 70), with amendments; and
    Criminal Reform Amendment Bill (No. 2) 2006 (Serial 71), without amendment.

        The Minister for Justice and Attorney-General (Mr Stirling) moved - That the Bills be now read a third time.
        Question - That the motion be agreed to - put.
        The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

        AYES, 18 NOES, 3

        Ms Anderson Dr Lim
        Mr Bonson Mr Mills
        Mrs Braham Mr Wood
        Dr Burns
        Mr Hampton
        Mr Henderson
        Mr Kiely
        Mr Knight
        Ms Lawrie
        Ms Martin
        Mr McAdam
        Ms McCarthy
        Mr Natt
        Ms Sacilotto
        Ms Scrymgour
        Mr Stirling
        Mr Vatskalis
        Mr Warren

        And so it was resolved in the affirmative.
        Motion agreed to.
        The Bills were read a third time and passed to be proposed laws.
    11. URBAN PUBLIC TRANSPORT - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
        The Minister for Infrastructure and Transport (Ms Lawrie) made a statement relating to the urban public transport system services to the Greater Darwin Area.
        Ms Lawrie moved - That the Assembly take note of the statement.
        Debate ensued.
        On the motion of the Leader of Government Business (Mr Henderson) debate was adjourned.

    12. ADJOURNMENT:
        The Leader of Government Business (Mr Henderson) moved - That the Assembly do now adjourn.
        Debate ensued.
        Question - put and passed.
        And the Assembly adjourned at 9.03pm until Thursday 12 October 2006 at 10am.
        _________________

        PAPERS:
        The following Papers were deemed to have been presented on Wednesday 11 October 2006 -

        Annual Reports:
        Community Visitor Program Northern Territory, 2005/2006 (Paper 646)
        Department of Employment, Education and Training, 2005/2006 (Paper 647)
    _________________
        ATTENDANCE:
        All Members attended the sitting, except Mrs Miller on leave.
    Last updated: 04 Aug 2016
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