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Minutes of Proceedings - 2010-04-27

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

    2. PRAYERS.

    3. STATEMENT BY SPEAKER:
        The Speaker, advised Members of the death on 13 April 2010 of Mr Bern Kilgariff AM JP KStJ, the first Speaker of the Legislative Assembly, one of the first two Senators for the Northern Territory, and a proud Territorian and Centralian who fought for the rights and interests of Territorians for many decades; and acknowledged the presence in the Speakers Gallery of family and friends as follows:

        Distinguished Visitors:
        Asche, Hon Austin, AC QC, former Administrator of the Northern Territory and Dr Valerie Asche; Baldwin, Mr Tim, former Member of the Legislative Assembly, and Mrs Sandy Baldwin; Chin, Mr Ray, OAM, former Clerk of the Legislative Assembly; Finch, Mr Fred, former Member of the Legislative Assembly, and Mrs Lyn Finch; Forrest, Peter and Sheila, biographers of Mr Kilgariff; Grant QC, Mr Michael, Solicitor-General for the Northern Territory; Hoosan, Ms Eileen, Deputy Chair of CAAPU Aboriginal Corporation; Hurley, Bishop Eugene, DD, Catholic Bishop of Darwin; Kelliher, Father John, MSC; Lawrie, Ms Dawn, former Member of the Legislative Assembly; Martin, Mr Brian, former Chief Justice of the Northern Territory and Mrs Lorraine Martin; McCarthy, Mr Terry, former Speaker of the Legislative Assembly, and Mrs Mary McCarthy; Pauling, Mr Tom, AO QC, His Honour, the Administrator of the Northern Territory, and Mrs Tessa Pauling; Perkins, Mr Neville, OAM, former Member of the Legislative Assembly; Roditis, Ms Bridie and Ms Kay Blakeman, grand daughters of Mr Bern Kilgariff; Setter, Mr Rick, former Member of the Legislative Assembly, and Mrs Angela Setter; Tambling, Mr Grant, former Senator for the Northern Territory and Mrs Sandy Tambling.
    4. CONDOLENCE – MR BERN KILGARIFF AM JP KStJ:
        The Chief Minister (Mr Henderson), by leave, moved – That the Assembly –
            (a) express its deep regret at the passing of Mr Bern Kilgariff AM JP KStJ; former Northern Territory Senator, a former Member of the Legislative Council and former Member and Speaker of the Legislative Assembly; and

            (b) tender its profound sympathy to his family and friends.
        The Chief Minister (Mr Henderson) thereupon addressed the Assembly.
        The Leader of the Opposition (Mr Mills) addressed the Assembly.
        Debate ensued
        Question – put and passed.
        Motion agreed to.

        As a mark of respect members stood in their places for one minute in silence.
        ___________________

        Suspension of sittings: The sittings of the Assembly was suspended between 12.03pm and 2.15pm.
        ___________________

    5. NOTICES:
        The following notices were given –

        Mr Giles: Withdrew Order of the Day No. 1 relating to the Traffic Amendment Bill 2009 (Serial 38), by leave of the Assembly.

        Mr Giles: To present the Traffic Amendment (Forfeiture and Impounding Orders) Bill 2010 (Serial 97).

        Mr Giles: To move – That:
                Due to the failure to ensure due diligence was undertaken in the registration, de-registration and management of the registration of Randall Carey the Northern Territory Government is called upon to immediately:
    1. engage a quantity surveyor to report within 14 days on the amount that is required in a fund to meet the outstanding costs to finish the incomplete houses of the people affected by Randall Carey and Carey builders;
      2. provide the necessary provisions to ensure certification capacity for those builders completing the outstanding works on those houses identified above so as to enable full building certification of these homes; and finally;
        3. establish a fund to cover the costs of works for those people whose homes are not completed due to the de-licensing of Mr Carey and the entry into liquidation proceedings of Carey Builders; and
          4. refer the matter of the registration, de-registration, management of the registration of Randall Carey and the processes within government associates with the above to the Ombudsman and Auditor General for further investigation.

              Mr Westra van Holthe: To present the Aboriginal Land Amendment (Intertidal Waters) Bill 2010 (Serial 96).

              Ms Anderson: To move - That –

                      1. The Assembly Establish a Standing Committee to be known as the “Territory Indigenous Expenditure Review Committee”.

                      2. The committee is to inquire into all areas of indigenous expenditure including allocations made by the Territory Government and made by the Federal Government which are both administered by the Territory Government and the Federal Government.

                      3. The Committee is to report on a regular basis, but at least quarterly, and must at the very least in each report -
                          (a) match said related expenditure allocations with actual expenditure; and

                          (b) evaluate the outcomes achieved from the expenditure.
                        4. The Committee is to be made up of the those Members of the Legislative Assembly from the non-urban seats of Daly, Arnhem, Arafura, Barkly, Macdonnell, Stuart and those otherwise agreed to by the Assembly so as to make up a Committee of no less than 7 members.

                        5. The Committee can initiate inquiries into any matter relating to Indigenous expenditure.

                        6. The Speaker shall provide all funding and human resources necessary for the Committee to actively do the tasks set by the Assembly.
            6. QUESTION TIME NEW ARRANGEMENTS:
                The Speaker reiterated and reminded Members of the new conditions for the conduct of Question Time which commenced for the February sittings 2010.
            7. QUESTIONS:
                2.19pm Mr Chandler to Mr Hampton.
                2.23pm Ms Walker to Mr Henderson.
                2.27pm Mr Chandler to Mr Hampton.
                2.30pm Ms Scrymgour to Mr Vatskalis.
                2.32pm Mr Mills to Mr Henderson.
                Tabled Paper: Mr Henderson laid on the Table the following Paper –
            National Health Reform, Northern Territory Treasury (Paper 730).

                2.36pm Mr Wood to Mr Vatskalis.
                Tabled Paper: Mr Vatskalis laid on the Table the following Paper –
            Secure Care Facility, Department of Health and Families (Paper 731).

                2.38pm Ms Walker to Ms Lawrie.
                2.41pm Mr Conlan to Mr Henderson.
                2.44pm Mr Gunner to Mr Henderson.
                2.47pm Mr Wood to Mr Hampton and referred to Mr McCarthy.
                2.51pm Mr Conlan to Mr Henderson.
                2.54pm Ms Walker to Mr Hampton.
                2.58pm Mr Conlan to Mr Henderson.
                3.01pm Mr Wood to Mr Hampton.
                3.05pm Mr Gunner to Mr McCarthy.
                3.07pm Mr Conlan to Mr Henderson.
                3.11pm Ms Walker to Dr Burns.
                3.15pm Mr Conlan to Mr Henderson.
                3.17pm Mr Gunner to Ms McCarthy.

                The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
            8. MESSAGE FROM THE ADMINISTRATOR:
                The Speaker laid on the Table the following Message from the Administrator -
                Message No. 17
                Assent to Proposed Laws – March 2010

                I, Thomas Ian Pauling, AO QC 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:

                17 March 2010
                    Environment Protection Authority Amendment Act 2010 (Act No 5 of 2010)
                    Health Practitioner Regulation (National Uniform Legislation) Act 2010 (Act No 2 of 2010)
                    Mining Amendment Act 2010 (Act of No 3 2010)
                    Payroll Tax Amendment Act 2010 (Act No 1 of 2010)
                    Rail Safety Act 2010 (Act No 10 of 2010)
                    Residential Tenancies Amendment Act 2010 (Act No 8 of 2010)
                    Sale of Land (Rights and Duties of Parties) Act 2010 (Act No 7 of 2010)
                    Supreme Court Amendment (Mediation) Act 2010 (Act No 4 of 2010)
                    Teacher Registration (Northern Territory) Amendment Act 2010 (Act No 9 of 2010)
                    Trade Measurement Legislation Repeal Act 2010 (Act No 6 of 2010)
                    Dated 7 April 2010.
                    Thomas Ian Pauling, AO QC
                    Administrator (Paper 732)
            9. COUNCIL OF TERRITORY COOPERATION – PAPER TABLED – MOTION RATIFYING MEMBERSHIP CHANGE, AGREED TO:
                The Speaker laid on the Table a letter from the Government Whip, dated 22 March 2010 (Paper 733), notifying the following membership change to the Council of Territory Cooperation Committee –
                    Discharge the Member for Fannie Bay (Mr Gunner); and
                    Appointment of the Member for Nhulunbuy (Ms Walker).
                The Leader of Government Business (Dr Burns) moved - That the Assembly ratify the appointment of Ms Walker as a member of the Council of Territory Cooperation Committee and discharge Mr Gunner.
                Question – put and passed.

            10. PETITION:
                Responses to Petitions: The Clerk, pursuant to Standing Order 100A tabled responses to petitions Nos. 26 and 29 relating to respectively; Araluen Art Gallery, Alice Springs recent changes to galleries and Katherine Aero Medical Service (Paper 734).
            11. COMPANIES (TRUSTEES AND PERSONAL REPRESENTATIVES) (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2010 (Serial 92):
                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 of the Bill to be moved forthwith.
                On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
            12. CONSUMER CREDIT (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2010 (Serial 90):
                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 of the Bill to be moved forthwith.
                On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
            13. NATIONAL HEALTH REFORM AND NATIONAL HEALTH NETWORK AGREEMENT – MINISTERIAL STATEMENT – MOTION TO NOTE STATEMENT:
                The Chief Minister (Mr Henderson) made a statement relating to the National Health Reform and National Health Network Agreement process and effects on the Territory.
                Mr Henderson moved – That the Assembly take note of the Statement.
                Debate ensued.

                Quorum: The Member for Braitling (Mr Giles) drew the attention of the Assembly to the state of the House.
                The Speaker called for a Quorum and the Bells having not been rung -
                A Quorum having been obtained.
                The Assembly resumed.
                Debate continued.

                Quorum: The Member for Braitling (Mr Giles) drew the attention of the Assembly to the state of the House.
                And the Bells having been rung -
                A Quorum having been obtained.
                The Assembly resumed.
                Debate continued.

                Extension of time: On the motion of the Member for Stuart (Mr Hampton) the Member for Blain (Mr Mills) was granted an extension of time, pursuant to Standing Order 77.
                Debate continued.

                Extension of time: On the motion of the Member for Braitling (Mr Giles) the Member for Fong Lim (Mr Tollner) was granted an extension of time, pursuant to Standing Order 77.
                Debate continued.

                Quorum: The Member for Braitling (Mr Giles) drew the attention of the Assembly to the state of the House.
                And the Bells having been rung -
                A Quorum having been obtained.
                The Assembly resumed.
                Debate continued.

                Extension of time: On the motion of the Member for Goyder (Ms Purick) the Member for Braitling (Mr Giles) was granted an extension of time, pursuant to Standing Order 77.
                Debate continued.

                Extension of time: On the motion of the Member for Drysdale (Mr Bohlin) the Member for Sanderson (Mr Styles) was granted an extension of time, pursuant to Standing Order 77.
                Debate continued.

                On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
            14. ADJOURNMENT:
                The Leader of Government Business (Dr Burns) moved – That the Assembly do now adjourn.
                Debate ensued.
                Paper tabled: Mr Hampton laid on the Table the following Paper –
            Petition to Roper Gulf Shire Council for the establishment of a child care facility for children who reside in Mataranka (Paper 741).

                Debate continued.
                And the Assembly adjourned at 10.19pm, until 28 April 2010 at 10am.
                ________________

                PAPERS:
                The following Papers were deemed to have been presented on Tuesday 27 April 2010 –

                Annual Reports
                National Environment Protection Council, 2008/2009 (Paper 735)
                Northern Territory Fisheries Joint Authority, period 1 July 2007 to 30 June 2008 (Paper 736)

                Coroner’s Act
                In the Matter of Coroner’s Findings and Recommendations into the death of Alma Junee Green, dated 23 April 2010 (Paper 737)
                In the Matter of Coroner’s Findings and Recommendations into the deaths of Mr Levinus Narbarup and Mr Joseph Chula, dated 4 March 2010 (Paper 738)

                Regulations 2010
                No. 3, Victims of Crime Rights and Services Regulations (Paper 740)

                Surveillance Devices Act 2007
                Report to The Honourable Paul Henderson MLA Minister for Police, Fire and Emergency Services and to: Legislative Assembly Pursuant to Section 64(1) of the Surveillances Devices Act 2007, (Northern Territory) for period 1 July 2009 to 31 December 2009 by Ombudsman NT (Paper 739)
            ____________________
                ATTENDANCE:
                All Members attended the sittings.
          Last updated: 04 Aug 2016
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