Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2008-09-10

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

2. PRAYERS.

3. PETITIONS:
      The Leader of the Opposition (Mr Mills) presented Petition No. 01 from 597 petitioners relating to after hours clinic for bulk billing of medical services at Palmerston (Paper 13).
      Petition read.

4. MINISTERIAL REPORTS:
      1st Brigade: The Chief Minister (Mr Henderson) reported on defence personnel and their families contribution to Territory life.
      Mr Mills responded.
      Mr Wood responded.
      Mr Henderson replied.

      West MacDonnell Ranges progress to World Heritage Listing: The Minister for Parks and Wildlife (Ms Anderson) reported on the Joint Management of National Parks and progress on having the West MacDonnell Ranges registered on the World Heritage Listing.
      Mr Chandler responded.
      Ms Anderson replied.

      National Child Protection Week: The Minister for Children and Families (Ms McCarthy) reported on events and programs being conducted during National Protection Week in the Territory.
      Ms Carney responded.
      Ms McCarthy replied.

      Darwin Festival 2008: The Minister for Arts and Museums (Ms Scrymgour) reported on the conduct of events during the Darwin Festival 2008 and Museums Arts Galleries Northern Territory (MAGNT).
      Mr Bohlin responded.
      Ms Scrymgour replied.

      Ministerial Reports noted, pursuant to Standing Orders.

5. JUSTICE LEGISLATION AMENDMENT BILL 2008 (Serial 3):
      The Minister for Justice and Attorney-General (Dr Burns), pursuant to notice, presented a Bill for an Act to amend various legislation administered by the Minister for Justice and Attorney-General.
      Bill read a first time.
      Dr Burns moved - That the Bill be now read a second time.
      Debate ensued.
      Paper tabled: The Minister for Justice and Attorney-General (Dr Burns) laid on the Table the following Paper -
Explanatory Statement, Justice Legislation Amendment Bill 2008 (Paper 57).

      On the motion of the Member for Araluen (Ms Carney) debate was adjourned.

6. CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2008 (Serial 1):
      The Minister for Justice and Attorney-General (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Classification of Publications, Films and Computer Games Act, and for related purposes.
      Bill read a first time.
      Dr Burns moved - That the Bill be now read a second time.
      Debate ensued.
      Paper tabled: Dr Burns laid on the Table the following Paper -
Explanatory Statement, Classification of Publications, Films and Computer Games Amendment Bill 2008 (Paper 58).

      On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
7. CRIMINAL CODE AMENDMENT (HIT and RUN and OTHER ENDANGERMENT OFFENCES) BILL 2008 (Serial 2):
      The Minister for Justice and Attorney-General (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
      Bill read a first time.
      Dr Burns moved - That the Bill be now read a second time.
      Debate ensued.
      Paper tabled: Dr Burns laid on the Table the following Paper -
Explanatory Statement, Criminal Code Amendment (Hit and Run and Other Endangerment Offences) Bill 2008 (Paper 59).

      On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
8. SENTENCING AMENDMENT (VIOLENT OFFENCES) BILL 2008 (Serial 4) - INTRODUCE BY LEAVE AND SUSPENSION OF STANDING ORDERS, DENIED:
      Leave denied: The Leader of the Opposition (Mr Mills) sought leave to call on General Business, Notice relating to the presentation of the Sentencing Amendment (Violent Offences) Bill 2008 (Serial 4), forthwith.
      Dissentient voices being raised - leave denied.

      Suspension of Standing Orders: The Leader of the Opposition (Mr Mills), pursuant to notice, moved - That so much of Standing Orders be suspended as would prevent him presenting a Bill entitled Sentencing Amendment (Violent Offences) Bill 2008 (Serial 4), forthwith.
      Debate ensued.
      The Leader of Government Business (Ms Lawrie) moved - That the question be now put.
      Question - That the question be now put - put.
      The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

      AYES, 13 NOES, 12

      Mrs Aagaard Mr Bohlin
      Ms Anderson Ms Carney
      Dr Burns Mr Chandler
      Mr Gunner Mr Conlan
      Mr Hampton Mr Elferink
      Mr Henderson Mr Giles
      Mr Knight Mr Mills
      Ms Lawrie Ms Purick
      Ms McCarthy Mr Styles
      Mr McCarthy Mr Tollner
      Ms Scrymgour Mr Westra van Holthe
      Mr Vatskalis Mr Wood
      Ms Walker

      And so it was resolved in the affirmative.
      Question - That the suspension of Standing Orders be agreed to - put and negatived on the voices.
9. ADDRESS-IN-REPLY - MOTION TO NOTE:
      The Order of the Day having been read for the resumption of debate on the question - That the Assembly take note of the Address -

      To His Honour the Administrator of the Northern Territory.

      MAY IT PLEASE YOUR HONOUR -

      We, the Legislative Assembly of the Northern Territory, in Parliament assembled, express our loyalty to the Sovereign, and thank your Honour for the Speech you have been pleased to address to the Assembly.

      Debate ensued.
      Debate suspended.
      ________________

      Suspension of sittings: The sittings of the Assembly was suspended between 12 Noon and 2pm.
      ________________

      Distinguished Visitors: The Speaker advised Members of the presence in the Speaker's Gallery of the Mr Patrick Secker the Federal Member for Barker in South Australia and his wife Sharon Secker.
      Visitors: The Speaker advised members of the presence in the public galleries of Mrs Vicki O'Halloran, CEO Sommerville Community Services and nine managers.
      The Speaker extended a warm welcome to the visitors.
10. NOTICES:
      The following Notices were given -
      Dr Burns: To present the Serious Violent Offenders (Presumption Against Bail) Amendment Bill 2008 (Serial 6).
      Dr Burns: To present the Sentencing Amendment (Violent Offences) Bill 2008 (Serial 7).
11. QUESTIONS:
      2.02pm Mr Mills to Mr Henderson.
      2.04pm Mr Gunner to Mr Henderson.
      Paper tabled: The Chief Minister (Mr Henderson) laid on the Table a Paper -
Election Commitments by Government 2008 (Paper 14).

      2.08pm Mr Conlan to Dr Burns.
      2.08pm Mr McCarthy to Mr Henderson.
      2.12pm Mr Conlan to Dr Burns.

      Distinguished visitor: The Speaker advised Members of the presence in the Public Gallery of Mr Peter Alcock, Clerk of the Legislative Assembly of Tasmania, Tasmania.
      The Speaker extended a warm welcome to the distinguished visitor.

      2.16pm Ms Walker to Ms Lawrie.
      2.19pm Mr Wood to Mr Henderson.
      2.23pm Mr Gunner to Ms Lawrie.
      2.25pm Mr Conlan to Dr Burns.
      2.29pm Mr McCarthy to Ms Scrymgour.
      2.33pm Mr Conlan to Dr Burns.
      2.38pm Ms Walker to Dr Burns.
      2.42pm Mr Conlan to Dr Burns.
      2.45pm Mr Gunner to Mr Vatskalis.
      2.49pm Mr Conlan in asking a question of the Minister for Health (Dr Burns) made comments calling on the Minister for Health to resign -

      Point of Order being taken -
      Suspension of Standing Orders: The Member for Greatorex (Mr Conlan) then moved a motion to suspend so much of Standing Orders as would prevent him moving a motion to censure the Minister for Health (Dr Burns).

      The Leader of Government Business (Ms Lawrie) informed the Assembly that the government accepted the motion as a censure motion, pursuant to Standing Order 95.

      The Leader of Government Business (Ms Lawrie) asked that further questions be placed on the Written Question Paper.
12. CENSURE OF MINISTER FOR HEALTH - MOTION NEGATIVED:
      The Member for Greatorex (Mr Conlan) thereupon moved - That the Minister for Health be censured for -
          (a) his gross incompetence and mismanagement of the Territory Health system which led to the unnecessary death of Mrs Margaret Winter;

          (b) lying to the Parliament;

          (c) his failure to implement measures to ensure appropriate nursing staffing levels at Royal Darwin Hospital;

          (d) allowing his Department to provide incomplete, inaccurate and misleading information to the Coroner and Ombudsman;

          (e) not providing adequate protection of whistleblowers; and

          (f) his cowardice in not taking responsibility for his actions and the actions of his Department. (Paper 33)

      Debate ensued.
      Paper tabled: The Minister for Health (Dr Burns) laid on the Table the following Paper -
Staffing Territory Health Service Employees 1996/97 to 1998/99 (Paper 34).

      Debate continued.
      Question - That the question be now put - put and passed.
      Question - That the motion be agreed to - put and negatived.
12. ADDRESS-IN-REPLY - MOTION TO NOTE:
      The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question - That the Assembly take note of the Address -

      To His Honour the Administrator of the Northern Territory.
          MAY IT PLEASE YOUR HONOUR -
          We, the Legislative Assembly of the Northern Territory, in Parliament assembled, express our loyalty to the Sovereign, and thank your Honour for the Speech you have been pleased to address to the Assembly.

      Debate ensued.
      Paper tabled: The Minister for Business and Employment (Mr Vatskalis) laid on the Table the following Paper -
Recorded Crime, December Quarter 2007 (Paper 60).

      Debate continued.
      On the motion of the Leader of Government Business (Ms Lawrie) debate was adjourned.
      ____________________

      Suspension of sittings: The sittings of the Assembly was suspended between 5.55pm and 6.45pm.
      ____________________
13. MATTER OF PUBLIC IMPORTANCE - PLANNING FOR RESIDENTIAL AND INDUSTRIAL LAND:
      The Speaker advised the Assembly that the Member for Goyder (Ms Purick) had proposed the following definite Matter of Public Importance for discussion this day:
          The need for an independent Environment Protection Agency capable of initiating its own investigations and reporting to the parliament to secure the protection of the Territory's unique and beautiful environment.

      The proposed discussion having received the necessary support -
      Discussion ensued.
      Discussion concluded.
14. ADJOURNMENT:
      The Leader of Government Business (Ms Lawrie) moved - That the Assembly do now adjourn.
      Debate ensued.
      And the Assembly adjourned at 8.48pm until Thursday 11 September 2008 at 10am.
      ________________

      PAPERS:
      The following Papers were deemed to have been presented on Wednesday 10 September 2008 -

      Annual Report
      Batchelor Institute of Indigenous Tertiary Education, for year ended 31 December 2007 (Volume 1) (Paper 29)

      Coroners Act:
      In the matter of Coroner’s Findings and Recommendation into the Death of Mr Kenny Malthouse, pursuant to Section 46B, dated 12 May 2008 (Paper 27)

      Committee Reports
      Estimates Committee and Government Owned Corporations Scrutiny Committee – Questions on Notice and Answers, 2008 (Paper 31)
      Estimates Committee 2008, Replacement Answer and Addendum to Answer, Question on Notice 2.14 – Minister Lawrie, Consultants and Variations to Contract (Paper 32)

      Financial Statements
      Batchelor Institute of Indigenous Tertiary Education, for year ended 31 December 2007 (Volume 2) (Paper 30)

      Police Administration Act:
      Northern Territory Police Force Consent Agreement 2008, dated 18 July 2008 (Paper 28)

      Regulations 2007:
      No. 44, Darwin City Council Amendment (Animal Management) By-laws 2007 (Paper 15)

      Regulations 2008:
      No. 15, Youth Justice Amendment (Family Responsibility (Paper 16)
      No. 16, Public Transport (Passenger Safety) (Paper 17)
      No. 17, Domestic and Family Violence (Paper 18)
      No. 18, Local Government (Accounting) (Paper 19)
      No. 19, Traffic Amendment (No. 2) (Paper 20)
      No. 20, Agricultural and Veterinary Chemicals (Control of Use) Amendment (Paper 21)
      No. 21, Supreme Court Amendment Rules (Paper 22)
      No. 23, Legal Profession Admission Amendment Rules (Paper 23)
      No. 24, Local Government (Electoral) (Paper 24)
      No. 25, Local Government (Administration) (Paper 25)

      Reports
      Local Government Act 2008 – Guidelines, effective from 1 July 2008, dated 29 June 2008 (Paper 26)
_________________
      ATTENDANCE:
      All Members attended the sittings.
Last updated: 04 Aug 2016