Minutes of Proceedings - 2016-04-21
1. MEETING
The Assembly met at 10am. The Speaker, the Honourable Kezia Purick, took the Chair.
2. PRAYERS
4. petroleum amendment bill 2016 (Serial 164)
5. Electricity legislation amendment bill 2016 (Serial169)
6. justice legislation amendment (drug offences) bill 2016 (Serial 166)
The Speaker advised Honourable Members of the presence in the gallery of a Year 5/6 class from Wulagi Primary School accompanied by Penthea Carmichael.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
9. bushfires management bill 2016 (Serial 167)
12. QUESTIONS
13. personal violence restraining orders bill 2015 (Serial 147) – BILL AGREED TO
omit
omit
all words from "it is in" to "so"
insert
insert
omit
order
insert
Amendment agreed to.
Clause 16(1)(a), after "order"
insert
omit
an
insert
insert
16A Publication of personal details
insert
insert
14. MOTION - Building a First class education system – MOTION AGREED TO
16. REPORTS
17. PAPERS TABLED – standing orders committee report to the assembly on members speaking in languages other than english and minutes of the april 2016 meeting of the standing orders committee
18. PAPER TABLED – standing orders committee report to the assembly on proxy votes and chamber access for nursing parents
20. ADJOURNMENT
The Assembly met at 10am. The Speaker, the Honourable Kezia Purick, took the Chair.
2. PRAYERS
- The Speaker advised Honourable Members of the presence in the gallery of a Year 5/6 class from Wulagi Primary School accompanied by Cameron Carmichael.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
4. petroleum amendment bill 2016 (Serial 164)
- Mr Tollner (Minister for Mines and Energy), pursuant to notice, presented a Bill for an Act to amend the Petroleum Act.
Bill read a first time.
Mr Tollner moved - That the Bill be now read a second time.
Debate ensued.
Paper Tabled: Mr Tollner laid upon the Table the Explanatory Statement (Paper 1747).
On the motion of Mr McCarthy (Member for Barkly) debate was adjourned.
5. Electricity legislation amendment bill 2016 (Serial169)
- Mr Tollner (Treasurer), pursuant to notice, presented a Bill for an Act to amend the Electricity Networks (Third Party Access) Act and National Electricity (Northern Territory) (National Uniform Legislation) Act.
Bill read a first time.
Mr Tollner moved - That the Bill be now read a second time.
Debate ensued.
Paper Tabled: Mr Tollner laid upon the Table the Explanatory Statement (Paper 1748).
On the motion of Ms Manison (Member for Wanguri) debate was adjourned.
6. justice legislation amendment (drug offences) bill 2016 (Serial 166)
- Mr Elferink (Attorney-General and Minister for Justice), pursuant to notice, presented a Bill for an Act to amend legislation administered by the Attorney-General and Minister for Justice in relation to drug offences.
Bill read a first time.
Mr Elferink moved - That the Bill be now read a second time.
Debate ensued.
Paper Tabled: Mr Elferink laid upon the Table the Explanatory Statement (Paper 1749).
On the motion of Ms Walker (Member for Nhulunbuy) debate was adjourned.
- Mr Elferink (Minister for Correctional Services), pursuant to notice, presented a Bill for an Act to amend the Youth Justice Act.
Bill read a first time.
Mr Elferink moved – That the Bill be now read a second time.
Debate ensued.
Paper Tabled: Mr Elferink laid upon the Table the Explanatory Statement (Paper 1750).
On the motion of Ms Walker (Member for Nhulunbuy) debate was adjourned.
- Mr Styles (Minister for Racing, Gaming and Licensing), pursuant to notice, presented a Bill for an Act to amend the Racing and Betting Act and Racing and Betting Regulations.
Bill read a first time.
Mr Styles moved - That the Bill be now read a second time.
Debate ensued.
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Speaker’s Statement: The Speaker made a statement regarding the Queen’s 90th birthday.
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Debate continued.
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The Speaker advised Honourable Members of the presence in the gallery of a Year 5/6 class from Wulagi Primary School accompanied by Penthea Carmichael.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
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Debate continued.
Paper Tabled: Mr Styles laid upon the Table the Explanatory Statement (Paper 1751).
On the motion of Ms Fyles (Member for Nightcliff) debate was adjourned.
9. bushfires management bill 2016 (Serial 167)
- Mr Higgins (Minister for Land Resource Management), pursuant to notice, presented a Bill for an Act to provide for the protection of life, property and the environment through the mitigation, management and suppression of bushfires, and for related purposes.
Bill read a first time.
Mr Higgins moved - That the Bill be now read a second time.
Debate ensued.
Paper Tabled: Mr Higgins laid upon the Table the Explanatory Statement (Paper 1752).
On the motion of Mr McCarthy (Member for Barkly) debate was adjourned.
- Resumption of debate on the question - That the Bill be now read a second time.
Debate resumed.
Debate suspended.
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Suspension of sittings: The sitting of the Assembly was suspended between 12pm and 2.00pm.
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- The following notices were given:
1. Ms Purick (Member for Goyder) will move on the next General Business day – That, notwithstanding anything to the contrary in the Standing Orders, consideration of the Medical Services Amendment Bill 2015 (Serial 150) has precedence over all other business.
2. Mr Wood (Member for Nelson) will move on the next General Business day - That the Government begin a two year trial of a regular weekly public bus service between Palmerston, Inpex Village, the Darwin Correctional Precinct and the Howard Springs Nature Reserve to enable workers, families of prisoners and residents to commute to these destinations.
12. QUESTIONS
2.00 Ms Manison to Minister for Education
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Visitors: The Speaker advised Honourable Members of the presence in the gallery of the South Australian Aboriginal Lands Parliamentary Standing Committee.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
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2.04 Mr Westra van Holthe to Chief Minister
2.07 Ms Manison to Minister for Education
2.11 Ms Manison to Minister for Education– supplementary
2.13 Mrs Finocchiaro to Treasurer
2.16 Mr Gunner to Minister for Education
2.20 Mr Conlan to Minister for Education
2.24 Mr Wood to Minister for Land Resource Management
2.27 Mr Gunner to Minister for Business
2.31 Mr Kurrupuwu to Minister for Health
Paper Tabled: Mr Elferink (Minister for Health) laid upon the Table – Photographs of Palmerston Regional Hospital construction (Paper 1753).
2.35 Ms Moss to Minister for Children and Families
2.39 Mrs Finocchiaro to Minister for Sport and Recreation
2.42 Ms Lawrie to Minister for Lands and Planning
2.48 Mr Kurrupuwu to Chief Minister
2.52 Ms Fyles to Minister Assisting the Treasurer
2.58 Mr Conlan to Chief Minister
Mr Elferink (Leader of Government Business) asked that further questions be placed on the Written Question Paper.
13. personal violence restraining orders bill 2015 (Serial 147) – BILL AGREED TO
- 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 to consider the Bill in detail.
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Consideration in Detail
Consideration in Detail
The Assembly considered the Personal Violence Restraining Orders Bill 2015 (Serial 147).
Clause 1 read and agreed to.
Clause 2 read.
Mr Elferink (Attorney-General and Minister for Justice) invited defeat of clause 2.
Clause 2 defeated.
Mr Elferink (Member for Port Darwin) proposed the following amendment –
New Clause 2
After clause 1
insert
- 2 Commencement
(1) Part 4, Division 4A commences on the day on which the Administrator’s assent to this Act is declared.
(2) The remaining provision of this Act commence immediately after the commencement of the Local Court (Repeals and Related Amendments) Act 2016.
Amendment agreed to.
New Clause 2 agreed to.
Clause 3 read.
Mr Elferink (Member for Port Darwin) moved the following amendments:
Clause 3, definition personal violence offence
omit
Clause 3
insert (in alphabetical order)
economic abuse, see section 3D.
interim personal violence restraining order, see section 14A.
intimidation, see section 3B.
personal violence offence, see section 3A.
stalking, see section 3C.
Amendment agreed to.
Clause 3 as amended agreed to.
New Clauses 3A to 3D
After Clause 3
insert
3A Personal violence offence
A personal violence offence is:
(a) an offence against any of the following provisions of the Criminal Code:
(i) Part V, Division 2;
(ii) Part VI, Divisions 3 to 6A;
(iii) section 211 or 2121;
(iv) another provision prescribed by regulation; and
(b) any of the following conduct committed by a person against another person:
(i) conduct causing harm;
(ii) damaging property, including the injury to or death of an animal;
(iii) intimidation;
(iv) stalking;
(v) economic abuse;
(vi) attempting or threatening to commit conduct mentioned in subparagraphs
(i) to (v).
3B Intimidation
(1) Intimidation of a person is:
(a) harassment of the person; or
(b) any conduct that causes a reasonable apprehension of:
(i) violence to the person; or
(ii) damage to the property of the person, including the injury to or death of an animal that is the person’s property; or
(c) any conduct that has the effect of unreasonably controlling the person or causes the person mental harm.
(2) For deciding whether a person's conduct amounts to intimidation, consideration may be given to a pattern of conduct in the person's behaviour.
Examples of harassment for subsection (1)(a)
1 Regular and unwanted contacting of the person, including by mail, phone, text messages, fax, the internet or another form of electronic communication.
2 Giving or sending offensive material to the person.
Example of conduct for subsection (1)(b)(i)
Sexually coercive behaviour.
- Stalking, a person, includes engaging in any of the following conduct on at least 2 separate occasions with the intention of causing harm to the person or causing the person to fear harm to the person:
- (a) intentionally following the person;
(b) intentionally watching or loitering in the vicinity of, or intentionally
- approaching, the place where the person lives, works or regularly goes for a social or leisure activity.
- Economic abuse, of a person, includes any of the following conduct (or any combination of them):
- (a) coercing the person to relinquish control over assets or income;
- (b) unreasonably disposing of property (whether owned by the person or owned jointly with the person or someone else) without consent;
(c) unreasonably preventing the person from taking part in decisions over household expenditure or the disposition of joint property;
(d) withholding money reasonably necessary for the maintenance of the person or a child of the person.
- Using stand-over tactics to obtain the person's credit card.
Amendment agreed to.
New Clauses 3A to 3D agreed to.
Clauses 4 to 5 taken together and agreed to.
Clause 6 read.
Mr Elferink (Member for Port Darwin) moved the following amendment:
omit
- under this Part
Amendment agreed to.
Clause 6 as amended agreed to.
Clauses 7 to 9 taken together and agreed to.
Clause 10 read.
Mr Elferink (Member for Port Darwin) proposed the following amendment:
omit
all words from "it is in" to "so"
insert
- that a referral is not appropriate in the circumstances
Amendment agreed to.
Clause 10 as amended agreed to.
Clauses 11 to 13 taken together and agreed to.
Clause 14 read.
Mr Elferink (Member for Port Darwin) proposed the following amendments:
insert
- or an interim personal violence restraining order
Amendment agreed to.
Clause 14 as amended agreed to.
New Clauses 14A to 14C
14A Interim personal violence restraining order
(1) At any time during proceedings for the hearing of an application for a personal violence restraining order, the Court may make an order (an interim personal violence restraining order) under this section.
- (a) even if the defendant does not appear at the hearing; or
(b) if the defendant appears at the hearing:
- (i) even though the defendant has not given evidence; or
- (a) it is revoked by the Court;
- (b) if a personal violence restraining order is made for the same parties and the defendant is before the Court:
(i) on the making of the personal violence restraining order; or
(ii) on the later date ordered by the Court;
(c) if a personal violence restraining order is made for the same parties and the defendant is not before the Court:
(i) when the personal violence restraining order is given to the defendant; or
- A personal violence restraining order and an interim personal violence restraining order may include an order prohibiting the publication of personal details of a protected person or witness in proceedings if the Court is satisfied the publication would expose the person to the risk of harm.
- (1) This section applies if:
- (a) the protected person, having made reasonable inquiries, is unable to ascertain the identity or whereabouts of the defendant for the purpose of making an application for a personal violence restraining order under Part 2; and
(b) another person may have information or a document or thing that will assist in ascertaining the identity or whereabouts of the defendant.
- (a) to attend the Court to be examined as to the identity or whereabouts of the defendant; and
(b) to disclose the information or document or thing that relates to the identity or whereabouts of the defendant to the protected person.
New Clauses 14A to 14C agreed to.
Clause 15 read and agreed to.
Clause 16 read.
Mr Elferink (Member for Port Darwin) moved the following amendments:
omit
order
insert
- personal violence restraining order or interim personal violence restraining
Amendment agreed to.
Clause 16(1)(a), after "order"
insert
- or an interim personal violence restraining order
omit
an
insert
- a personal violence restraining
Amendment agreed to.
Clause 16 as amended agreed to.
New Clause 16A
insert
16A Publication of personal details
- (1) A person commits an offence if:
- (a) a personal violence restraining order or an interim personal violence restraining order prohibits the publication of a person's personal details; and
Maximum penalty: 200 penalty units or imprisonment for 1 year.
Amendment agreed to.
New Clause 16A agreed to.
Clauses 17 to 22 taken together and agreed to.
Clause 23 read.
Mr Elferink (Member for Port Darwin) invited defeat of clause 23.
Clause 23 defeated.
Mr Elferink (Member for Port Darwin) proposed the following amendments:
New Clauses 23 and 23A
After Clause 22
insert
23 Section 3 amended
- insert (in alphabetical order)
- interim personal violence restraining order, see section 3 of the Personal Violence Restraining Orders Act.
- omit
insert
- the Personal Violence Restraining Orders
23A Section 39 amended
insert
- or interim personal violence restraining order
New Clause 23 and 23A agreed to.
Clauses 24 to 26 taken together and agreed to.
Mr Elferink (Member for Port Darwin) moved the following amendment –
New Clause 26A
- insert
26A Section 141 amended
omit
the Court proper
insert
the Court thinks proper
New Clause 26A agreed to.
Clause 27 read and agreed to.
Mr Elferink (Member for Port Darwin) moved the following amendment –
New Division 4A
After clause 27
insert
Division 4A Local Court (Related Amendments) Act 2016
27A Act amended
This Division amends the Local Court (Related Amendments) Act 2016
27B Part 2, Division 7 heading amended
Part 2, Division 7, heading
omit
Justices
insert
Local Court (Criminal Procedure)
27C Section 27 amended
Section 27
omit
Justices
insert
Local Court (Criminal Procedure)
27D Section 29 amended
(1) Section 29, heading
omit
Part IX, Division 5
insert
Part VIII, Division 6
(2) Section 29
omit
At the end of the Act
insert
After section 213
(3) Section 29
omit
Division 5 Transitional matters for Local Court (Related Amendments) Act 2016
207 Appeal already commenced
insert
Divison 6 Transitional matters for Local Court (Related Amendments) Act 2016
- 214 Appeal already commenced.
New Division 4A agreed to.
The remainder of the Bill was taken as a whole and agreed to.
Bill was agreed to with amendments.
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- On the motion of Mr Elferink (Attorney-General and Minister for Justice) the Bill was read a third time and was passed to be a proposed law.
14. MOTION - Building a First class education system – MOTION AGREED TO
- Resumption of debate on the question – That through the Government’s reform agenda, we have laid the foundations for a first class education system that meets the Northern Territory’s growing needs.
Debate resumed.
Motion agreed to.
- The Speaker tabled the following Papers –
1. Remuneration Tribunal Determination, Travel Report, Member for Fannie Bay, Mr Michael Gunner travel to Alice Springs pursuant to clause 6.11, dated 20 April 2016 (Paper 1755).
2. Remuneration Tribunal Determination, Travel Report, Member for Daly, Mr Gary Higgins travel to Tasmania and Queensland, pursuant to clause 6.11, dated 19 February 2016 (Paper 1756).
3. Remuneration Tribunal Determination, Travel Report, Member for Nhulunbuy, Ms Lynne Walker travel to Millingimbi, pursuant to clause 6.11, dated 21 April 2016 (Paper 1757).
16. REPORTS
- 1. Public Accounts Committee Report – Public Private Partnership Arrangements for the Darwin Correctional Precinct – Consideration Adjourned
2. Public Accounts Committee Report – Inquiry into Structural Separation of the Power and Water Corporation – Consideration Adjourned
3. Committee on the Northern Territory’s Energy Future Report – Key Challenges and Opportunities: Issues Paper – Consideration Adjourned
4. Auditor-General for the Northern Territory – Report to the Legislative Assembly, August 2015 – Consideration Adjourned
5. Auditor-General for the Northern Territory – Report to the Legislative Assembly, February 2016 – Consideration Adjourned
6. Standing Orders Committee Report – Matters of Question Time Reform, Infant Care and Right of Reply, March 2016 – Consideration Adjourned
7. Members’ Interests Committee Report – Proposal to Table Members’ Interests Returns and Upload the Tabled Documents on the Assembly Website Each Year – Consideration Adjourned
17. PAPERS TABLED – standing orders committee report to the assembly on members speaking in languages other than english and minutes of the april 2016 meeting of the standing orders committee
- Mr Elferink (Chair of the Standing Orders Committee) made a statement and laid on the Table – Report to the Assembly on Members Speaking in Languages other than English (Paper 1758) and the Minutes of the April 2016 Meeting of the Standing Orders Committee (Paper 1760).
Mr Elferink moved – That pursuant to Standing Order 242(1) the report be made available in an accessible format.
Question – put and passed.
Mr Elferink moved – That the Assembly adopt the report.
Debate ensued.
Question - put and passed.
18. PAPER TABLED – standing orders committee report to the assembly on proxy votes and chamber access for nursing parents
- Mr Elferink (Chair of the Standing Orders Committee) made a statement and laid on the Table – Report to the Assembly on Proxy Votes and Chamber Access for Nursing Parents (Paper 1759).
Mr Elferink moved – That pursuant to Standing Order 242(1) the report be made available in an accessible format.
Question – put and passed.
Mr Elferink moved – That the Assembly adopt the report.
Debate ensued.
- Question – put and passed.
- The Speaker advised the Assembly that Ms Lawrie (Member for Karama) had proposed a definite Matter of Public Importance – The Northern Territory Planning Scheme should reflect the NT Planning Act objective ‘to plan for, and provide controls for, the orderly use and development of land.’ In keeping with that objective the Planning Commission dual occupancy proposals of rezoning Single Dwelling to allow dual occupancy of minimum lot sizes ranging from 800 square metres to 1000 square metres should be immediately withdrawn.
Further, that the NT Planning Commission should also recognise the legitimacy of rural living and not urbanise the Darwin Rural Area. The proposed Sub-Regional Litchfield Plan does not reflect the aspirations of the rural residents, does not address the challenges of the rural areas and has not sustainable planning principles.
Discussion concluded.
20. ADJOURNMENT
- Mr Higgins (Minister for Primary Industry and Fisheries) moved - That the Assembly do now adjourn.
Paper Tabled: Mr Westra van Holthe (Member for Katherine), by leave, laid upon the Table – Total Assaults – Katherine December 2008 – December 2015, Northern Territory Crime Statistics (Paper 1761).
The Assembly adjourned at 8.02pm until Tuesday 24 May 2016 at 10.00am.
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- PAPERS
The following papers were deemed to have been tabled on 21 April 2016 –
Annual Report 2014/2015:
Pastoral Land Board 2014/2015 (Paper 1754)
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ATTENDANCE
All Members attended the sittings.
Michael Tatham
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016