Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2006-05-04

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

2. PRAYERS.

3. PETITIONS:
      The Member for Araluen (Ms Carney) presented a petition No. 17, from 1219 petitioners, requesting that the Alice preferred model of ANZAC Hill High School Years, 7 to 10 and Centralian Years 11 to 12 remain the middle school approach to education for Alice Springs (Paper 444).
      Petition read.

      The Member for Blain (Mr Mills) presented petition No. 20, from 94 petitioners, requesting improved bus services to support O'Loughlin Catholic College (Paper 447).
      Petition read.

      The Member for Greatorex (Dr Lim) presented a petition No. 21, from 609 petitioners, relating to Baby Clinic Services at Palmerston (Paper 448).
      Petition read.

      The Member for Greatorex (Dr Lim) presented a petition No. 19, from 257 petitioners, requesting retention of a salaries section of DCIS in Alice Springs (Paper 446).
      Petition read.

      The Member for Greatorex (Dr Lim) presented a petition No. 18, from 2496 petitioners, requesting recision of a government decision to handover 11 Centralian National Parks to a select group of people and retain ownership of the parks estate for all Territorians (Paper 445).
      Petition read.

      The Member for Arnhem (Ms McCarthy), on behalf of the Member for Daly (Mr Knight), presented petition No. 22, from 127 petitioners requesting that Tommy's Creek causeway be raised and roads be upgraded in the Daly electorate (Paper 449).
      Petition read.
4. MINISTERIAL REPORTS:
      Child and Maternity Services: The Minister for Health (Dr Toyne) reported on child and maternity services and midwifery program initiatives as part of improving health outcomes for the community.
      Dr Lim responded.
      Mrs Braham responded.
      Dr Toyne responded.

      Local Industry Participation Plans: The Minister for Business and Economic Development (Mr Henderson) reported on Local Industry Participation Plans for business and local contractors.
      Mr Mills responded.
      Mr Henderson responded.

      Indigenous Art: The Minister for Arts and Museums (Ms Scrymgour) reported on indigenous art, art centres and the export industry associated with Aboriginal art.
      Mr Mills responded.
      Mrs Braham responded.
      Ms Scrymgour responded.

      Child Care Services: The Minister for Family and Community Services (Ms Lawrie) reported on child care services, their accessibility and affordability.
      Dr Lim responded.

      Ministerial Reports noted, pursuant to Standing Orders.

5. TREASURY LEGISLATION AND CONSEQUENTIAL AMENDMENT BILL 2006 (Serial 52):
      The Treasurer (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend legislation administered by the Treasurer and for related purposes.
      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, Treasury Legislation and Consequential Amendment Bill 2006 (Serial 52) (Paper 450).

      On the motion of the Member for Blain (Mr Mills) debate was adjourned.

6. JUDGES AND ADMINISTRATORS PENSIONS LEGISLATION AMENDMENT BILL 2006 (Serial 51):
      The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the Supreme Court (Judges Pensions) Act and Administrators Pensions Act.
      Bill read a first time.
      Dr Toyne moved - That the Bill be now read a second time.
      Debate ensued.
      Paper tabled: Dr Toyne laid on the Table the following Paper -
Explanatory Statement, Judges and Administrators Pensions Legislation Amendment Bill 2006 (Serial 51) (Paper 451).

      On the motion of the Member for Blain (Mr Mills) debate was adjourned.

7. INFORMATION AMENDMENT BILL 2006 (Serial 53):
      The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act to amend the information Act.
      Bill read a first time.
      Dr Toyne moved - That the Bill be now read a second time.
      Debate ensued.
      Paper tabled: Dr Toyne laid on the Table the following Paper -
Explanatory Statement, Information Amendment Bill 2006 (Serial 53) (Paper 452).

      On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
8. APPROPRIATION BILL 2006/2007 (Serial 50):
      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 sitting: The sittings of the Assembly was suspended between 12.05pm and 2pm.
      ______________


9. LEAVE OF ABSENCE:
      The Leader of Government Business (Mr Henderson) moved - That leave of absence be granted to the Member for Daly (Mr Knight) for the remainder of this day to attend a funeral.
      Question - put and passed.
10. QUESTIONS:
      2.02pm Mr Mills to Mr Stirling.
      2.05pm Ms Sacilotto to Ms Martin.
      Member suspended: The Speaker (Mrs Braham), pursuant to Standing Order 240A, ordered the Member for Greatorex (Dr Lim) at 2.05pm to withdraw from the Chamber for a period of one hour on account of his refusal to comply with a direction of the Speaker to remove a piece of clothing displaying an inappropriate slogan.
      Dr Lim accordingly withdrew.

      2.08pm Mr Mills to Mr Stirling.
      2.11pm Mr Wood to Dr Burns.
      2.12pm Mr Anderson to Mr McAdam.
      2.15pm Mr Mills to Mr Stirling.
      2.18pm Mr Burke to Mr Henderson.
      2.22pm Mrs Braham to Dr Toyne.
      2.24pm Mr Bonson to Dr Toyne.
      2.28pm Mr Mills to Mr Stirling.
      2.30pm Mr Warren to Ms Scrymgour.
      2.35pm Ms Carney to Ms Martin.
      2.36pm Mr Natt to Ms Lawrie.
      2.39pm Ms Carney to Ms Martin.
      2.40pm Mr Warren to Dr Toyne.
      2.43pm Mr Wood to Ms Scrymgour.
      2.45pm Mr Natt to Dr Burns.
      2.48pm Ms Carney to Ms Martin.
      2.50pm Ms Anderson to Mr Vatskalis.
      2.54pm Ms Carney to Ms Martin.
      2.56pm Mrs Braham to Mr Stirling.
      3.01pm Ms McCarthy to Ms Lawrie.

      The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
11. APPROPRIATION BILL 2006/2007 (Serial 50):
      The Order of the Day having been read for the resumption of debate on the question, suspended earlier this day - That the Bill be now read a second time -
      Debate resumed.
      Extension of time: On the motion of the Member for Millner (Mr Bonson) the Member for Barkly (Mr McAdam) was granted an extension of time, pursuant to Standing Order 77.

      Debate continued.
      Extension of time: On the motion of the Member for Millner (Mr Bonson) the Member for Karama (Ms Lawrie) was granted an extension of time, pursuant to Standing Order 77.

      Debate continued.
      Extension of time: On the motion of the Member for Wanguri (Mr Henderson) the Member for Millner (Mr Bonson) was granted an extension of time, pursuant to Standing Order 77.

      Debate continued.
      On the motion of the Member for Blain (Mr Mills) debate was adjourned.

12. NOTICES:
      The following notice was given -
      Mr Henderson: To move - That the Assembly appoint an Estimates Committee and a Government Owned Corporations Scrutiny Committee, pursuant to the terms circulated to members, as follows:
ESTIMATES COMMITTEE 2006/2007

TERMS OF REFERENCE

A. INTRODUCTION

1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed an Estimates Committee of the Legislative Assembly for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation Bill 2006/07.

2. That the Schedule to the Appropriation Bill 2006/07 and related budget documents be referred to the Estimates Committee for examination and report on proposed expenditure when the Bill has been presented.

3. That the Committee may not vote on but may examine and report on the proposed expenditure contained in the Bill by no later than 23 June 2006.

4. That the Committee examine the proposed expenditure contained in the Bill by portfolio units in accordance with the Schedule and that the proposed expenditure be considered on an output by output basis for each portfolio unit.

5. That the Committee consider the Appropriation Bill and related Budget Papers. To the extent that transactions of other public sector entities are included in the Budget Papers, these transactions can be questioned by the Committee. This would apply to Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act. The Statement of Corporate Intent for the Power and Water Corporation for 2006/07 stands referred to the Government Owned Corporations Scrutiny Committee.

      B. MEMBERSHIP

      6. The membership of the Estimates Committee shall consist of the membership of the Public Accounts Committee.

      7. The Chairman of the Public Accounts Committee shall be the Chairman of the Estimates Committee.

      8. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.

      9. Other Members of the Assembly may not vote on any matters before the Committee.

      10. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.

      11. Members may be substituted from time to time, subject to notification to the Chairman, and in accordance with conditions provided for in paragraph 10 above.

      12. The Committee may proceed with business despite a vacancy in its membership.

      13. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.

      14. The quorum of the Committee is to be 3 of the members of the Committee.

      15. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.


      C. SITTING TIMES

      16. The Estimates Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.


      17. Unless otherwise ordered by the Committee the Committee shall sit during the following periods:

          (a) on Tuesday 20 June, 2006 commencing at 8:30am and adjourning at 11.00pm;

          (b) on Wednesday 21 June, 2006 commencing at 8.30am and adjourning at 11.00pm;

          (c) on Thursday 22 June, 2006 commencing at 8.30am and adjourning at 11.00pm;

          (d) on Friday 23 June, 2006 commencing at 8.30am and adjourning at 1pm; and

          (e) the Committee may suspend the hearings from time to time.

      18. The Estimates Committee may sit only when the Assembly is not sitting.
      D. HEARING PROCEDURE

      19. All hearings of the Estimates Committee are open to the public unless the Committee otherwise orders.

      20. The Committee will consider proposed expenditure on an output by output basis, following procedures agreed to by the Estimates Committee in accordance with the other provisions of this Order and Standing Orders.

      21. Unless the Committee otherwise determines, the Minister (or Speaker) may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.

      22. Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.

      23. The Minister (or Speaker) who has been asked for explanations may be assisted, where necessary, by officers in the provision of relevant information.

      24. Officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.

      25. Questions and explanations should be brief and avoid irrelevance and tedious repetition.

E. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION

      26. The Minister (or Speaker) may advise the Estimates Committee that an answer to a question or part of a question will be provided later to the Committee.
          At that time the Chairman shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Minister (or Speaker) by the Committee Secretariat.

      27. A Minister (or Speaker) may also give the Committee additional information about an answer given by them or on their behalf.

      28. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.

      F. HANSARD REPORT AND OTHER TABLED DOCUMENTS

      29. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Estimates Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.

      30. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee otherwise orders.
        31. The provisions of Standing Order 274 and section 22 of the Legislative Assembly (Powers and Privileges) Act as applicable to the Committee, are limited to documents prepared for and submitted to the Committee, evidence taken by the Committee or a report of such evidence.

        G. BROADCASTING AND TELEVISING OF PROCEEDINGS

        32. Sound and vision broadcast and re-broadcast of the hearings of the Estimates Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.


        H. DISORDER

        33. At an Estimates Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.


        34. A member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.

        35. If a Member persistently disrupts the business of the Committee:

            (a) The Chair may name the Member;

            (b) If the Member named is a member of the Estimates Committee, suspend the sittings until the Chair has reported the offence to the Speaker;

            (c) If the Member named is not a member of the Estimates Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
        36. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Estimates Committee be replaced.

        37. If any objection is taken to a ruling or decision of the Chair:
            (a) The objection must be taken at once and stated in writing;

            (b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and

            (c) The Estimates Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.


        I. REPORT OF ESTIMATES COMMITTEE

        38. A report of the Estimates Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.


        39. When the Report of the Estimates Committee is presented it shall be taken into consideration forthwith, together with the Report of the Government Owned Corporations Scrutiny Committee.

        40. The following time limits shall apply to consideration of the reports of the Committees on the question:

            "that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2006/07; and

            the transactions of public sector entities included in the Budget Papers and applicable Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, be noted."
    Ministers, Leader of the Opposition and Shadow Ministers20 minutes;
    Any other Member10 minutes,
    The maximum period for consideration shall be 5 hours.

        41. When the consideration of the reports of the Committees has been completed the following question is proposed and put forthwith:
            "that the remainder of the Bill be agreed to".
        42. When the Bill has been agreed to by the Committee-of-the-Whole and reported to the Assembly, the third reading may be taken into consideration forthwith.
          __________________
      GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE

      TERMS OF REFERENCE

      INTRODUCTION

      1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed a Committee of the Legislative Assembly to be known as the Government Owned Corporations Scrutiny Committee for the purpose of examining and reporting on the activities, performance, practices and financial management of the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, with reference to the Power and Water Corporation’s Statement of Corporate Intent for 2006/07.


      MEMBERSHIP


      2. The membership of the Government Owned Corporations Scrutiny Committee shall consist of the membership of the Public Accounts Committee.

      3. The Chairman of the Public Accounts Committee shall be the Chairman of the Government Owned Corporations Scrutiny Committee.

      4. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.

      5. Other Members of the Assembly may not vote on any matters before the Committee.

      6. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.

      7. Members may be substituted from time to time, subject to notification to the Chairman, and in accordance with conditions provided in for paragraph 6 above.

      8. The Committee may proceed with business despite a vacancy in its membership.

      9. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.

      10. The quorum of the Committee is to be 3 of the members of the Committee.

      11. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.

      SITTING TIMES

      12. The Government Owned Corporations Scrutiny Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.

      13. The Government Owned Corporations Scrutiny Committee may sit only when the Assembly is not sitting.

      14. The Committee shall sit on Friday 23 June 2006 for 2 hours from 1.30pm to 3.30pm.

      HEARING PROCEDURE

      15. All hearings of the Committee are open to the public unless the Committee otherwise orders.

      16. The Committee will examine the financial and budgetary activities of the Power and Water Corporation following similar procedures to that of the Estimates Committee and in accordance with the provisions of the this Order and Standing Orders.
          17. Unless the Committee otherwise determines, the Chairman of the Board of the Power and Water Corporation may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.

          18. Members of the Committee may ask questions for the purpose of examining the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statement of Corporate Intent for 2006/07.

          19. Questions shall be put directly to the Chairman of the Board of the Power and Water Corporation, the Managing Director and other officers may assist the Chairman in the provision of relevant information.

          20. The Chairman or other witnesses will advise when evidence is of a commercially sensitive or confidential nature and may request that such evidence be heard 'in camera'. The Chairman of the Committee will invite the Chairman or the witnesses to give the reasons for the request.

          21. Questions and explanations should be brief and avoid irrelevance and tedious repetition.

      QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION

          22. The Chairman of the Power and Water Corporation may advise the Committee that an answer to a question or part of a question will be provided later to the Committee.

          23. At that time the Chairman of the Committee shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Chairman of the Power and Water Corporation by the Committee Secretariat.

          24. The Chairman of the Power and Water Corporation may also give the Committee additional information about an answer given by the witnesses or on their behalf.

          25. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.

          HANSARD REPORT AND OTHER TABLED DOCUMENTS

          26. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Government Owned Corporations Scrutiny Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.

          27. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee otherwise orders.

          28. The provisions of Standing Order 274 and section 22 of the Legislative Assembly (Powers and Privileges) Act as applicable to the Committee, are limited to documents prepared for and submitted to the Committee, evidence taken by the Committee or a report of such evidence.

          BROADCASTING AND TELEVISING OF PROCEEDINGS

          29. Sound and vision broadcast and re-broadcast of the hearings of the Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.

          DISORDER

          30. At a Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.

          31. A Member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.

          32. If a Member persistently disrupts the business of the Committee:
              (a) The Chair may name the Member;

              (b) If the Member named is a member of the Government Owned Corporations Scrutiny Committee, suspend the sittings until the Chair has reported the offence to the Speaker;

              (c) If the Member named is not a member of the Government Owned Corporations Scrutiny Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
          33. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Government Owned Corporations Scrutiny Committee be replaced.

          34. If any objection is taken to a ruling or decision of the Chair:
              (a) The objection must be taken at once and stated in writing;

              (b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and

              (c) The Government Owned Corporations Scrutiny Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.

          REPORT OF GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE

          35. A report of the Government Owned Corporations Scrutiny Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.

          36. When the Report of the Committee is presented it shall be taken into consideration forthwith, together with the Report of the Estimates Committee.

          37. The following time limits shall apply to consideration of the reports of the Committees on the question:
              "that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2006/07, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2006/07, be noted "
      Ministers, Leader of the Opposition and Shadow Ministers20 minutes;
                Any other Member10 minutes,
      The maximum period for consideration shall be 5 hours.

      13. NEXT MEETING:
          The Leader of Government Business (Mr Henderson) moved - That the Assembly at its rising adjourn until Tuesday 13 June 2006 at 10am or such other time and/or date as may be set by Madam Speaker, pursuant to Sessional Order.
          Question - put and passed.

      14. ADJOURNMENT:
          The Chief Minister (Ms Martin) moved - That the Assembly do now adjourn.
          Debate ensued.
          Papers tabled: The Member for Nhulunbuy (Mr Stirling) laid on the Table the following Papers -
      ANZAC Hill High School Student Leaders and petitioners re Middle Years schooling in Alice Springs, petition (Paper 459); and
      Ludmilla School provision of primary program from Pre-School to Year 6 to its local community, petition (Paper 460).

          Debate continued.
          Question - put and passed.
          And the Assembly adjourned at 8.34pm until Tuesday 13 June 2006 at 10am or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
          _________________


          PAPERS:
          The following Papers were deemed to have been presented on Thursday 4 May 2006 -

          Financial Statement:
          Auditor-General’s Report to the Minister for Parks and Wildlife, Nitmiluk (Katherine Gorge) National Park Board, 2004/2005, dated 16 March 2006 (Paper 457)

          Regulations 2006:

          No. 10, Bushfires (Volunteer Bushfire Brigades) (Paper 453)
          No. 11, Fisheries Amendment (Mud Crab Fishery) (Paper 454)
          No. 12, Mud Crab Fishery Management Plan (Paper 455)
          No. 13, Northern Territory Government and Public Authorities’ Superannuation Scheme Amendment Rules (Paper 456)

      _________________
          ATTENDANCE:
          All Members attended the sitting except Mrs Miller, on leave.
          Ian McNeill
          Clerk of the Legislative Assembly
      Last updated: 04 Aug 2016