Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2014-11-26

1. MEETING
The Assembly met at 10am. The Speaker, the Honourable Kezia Purick took the Chair.

2. PRAYERS
    3. VISITORS
        The Speaker advised Honourable Members of the presence in the gallery of:

        1. The Intensive English Unit from Darwin High School;

        2. The Palmerston Senior College Special Education Centre; and

        3. Electorate Officers of Members of the Legislative Assembly.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    4. QUESTIONS
        10.02 Ms Lawrie to Chief Minister
        10.04 Mr Kurrupuwu to Chief Minister
        10.08 Ms Lawrie to Chief Minister
        10.11 Mr Higgins to Minister for Primary Industry and Fisheries
        10.17 Ms Fyles to Chief Minister
        _________________

        Withdrawal from Chamber: The Speaker ordered Ms Lawrie (Member for Karama) to withdraw from the Assembly for one hour pursuant to Standing Order 240A.
        _________________

        10.23 Mrs Finocchiaro to Chief Minister
        10.26 Mr Wood to Minister for Education
        10.30 Mr Tollner to Minister for Sport, Recreation and Racing
        10.34 Ms Walker to Chief Minister
        10.37 Mr Higgins to Minister for Community Services
        10.41 Mr McCarthy to Chief Minister
        10.45 Mr McCarthy to Chief Minister (supplementary question)
        10.46 Mr Barrett to Minister for Health
        10.50 Ms Fyles to Chief Minister
        10.54 Mr Higgins to Minister for Correctional Services
        10.57 Ms Lee to Chief Minister
        11.00 Mrs Finocchiaro to Chief Minister

        Mr Elferink (Leader of Government Business) asked that further questions be placed on the Written Question Paper.
    5. Alcohol Mandatory Treatment Amendment Bill 2014 (Serial 107)
        Mrs Lambley (Minister for Alcohol Rehabilitation), pursuant to notice, presented a Bill for an Act to amend the Alcohol Mandatory Treatment Act, and for related purposes.

        Bill read a first time.

        Mrs Lambley moved - That the Bill be now read a second time.

        Debate ensued.

        Paper Tabled: Mrs Lambley laid upon the Table the Explanatory Statement (Paper 1155).

        On the motion of Ms Walker (Member for Nhulunbuy) debate was adjourned.
    6. SUSPENSION OF STANDING ORDERS – MOTION AGREED TO
        Mrs Lambley (Minister for Alcohol Rehabilitation) pursuant to notice, moved – That so much of Standing Orders be suspended as would prevent the Alcohol Mandatory Treatment Amendment Bill 2014 (Serial 107) passing through all stages this sitting.

        Debate ensued.
        _________________

        Withdrawal from Chamber: The Speaker ordered Ms Walker (Member for Nhulunbuy) to withdraw from the Assembly for one hour pursuant to Standing Order 240A.
        _________________

        Debate resumed.

        Question – put

        The Assembly divided:
          Ayes - 13 Noes - 11
          Mr Barrett Ms Anderson
          Mr Chandler Ms Fyles
          Mr Conlan Mr Gunner
          Mr Elferink Ms Lawrie
          Mrs Finocchiaro Ms Lee
          Mr Giles Mr McCarthy
          Mr Higgins Ms Manison
          Mr Kurrupuwu Ms Moss
          Mrs Lambley Mr Vowles
          Mrs Price Ms Walker
          Mr Styles Mr Wood
          Mr Tollner
          Mr Westra van Holthe

        Motion agreed to.
        _________________


        Suspension of sittings: The sitting of the Assembly was suspended between 12 noon and 2.00pm.

        _________________
    7. VISITORS
        The Deputy Speaker advised Honourable Members of the presence in the gallery of the Learning on Country Program from Maningrida College.

        On behalf of all Members the Deputy Speaker extended a warm welcome to the visitors.
    8. NOTICES
        The following notices were given:

        1. Mr Elferink (Minister for Children and Families) will present on the next sitting day a bill entitled – Care and Protection of Children Amendment Bill 2014 (Serial 106).

        2. Mr Elferink (Attorney-General) will present on the next sitting day a bill entitled – Bail Amendment Bill 2014 (Serial 105).

        3. Mr Elferink (Leader of Government Business) will move on the next sitting day - that the Assembly amends its resolution of 26 March 2014 establishing the Select Committee on Action to Prevent Foetal Alcohol Spectrum Disorder by deleting “November” in paragraph 6 and inserting instead “February 2015”.

        4. Mr Giles (Chief Minister) will present on the next sitting day a bill entitled – Ports Management Bill 2014 (Serial 110).

        5. Mr Giles (Chief Minister) will present on the next sitting day a bill entitled – Port of Darwin Bill 2014 (Serial 111).

        6. Mr Wood (Member for Nelson) will move on the next General Business day - That the Government:
          - Negotiate with semi-commercial banana growers or hobby farmers who derive income from the sale of their bananas for some form of compensation for the loss of that income.

          - Propagate and grow, in a quarantine area using tissue culture, varieties of bananas that would be otherwise be destroyed and would not be available after the banana freckle crisis is over, so that those varieties can be regrown when the ban on growing bananas is lifted

        7. Mr Wood (Member for Nelson) will move on the next General Business day - That the Government
          - does not extend the terms of local government councils beyond their present four year term

          - but instead reduces the next term of local governments to three and half years.

        8. Mr Barrett (Chair of the Legal and Constitutional Affairs Committee) will move on Tuesday, 17 February 2015 – That the Legislative Assembly disallows Regulation 4N of the Motor Accidents (Compensation) Amendment Regulations 2014.

    9. Amendment to Darwin Rates AMENDMENT Bill 2014 (Serial 72) – AMENDMENT AGREED TO
        Consideration of an amendment recommended by His Honour the Administrator.

        The Assembly resolved itself into Committee of the Whole for consideration of the amendment in detail.
        _________________

        In Committee

        Mr Higgins (Chair of Committees) took the Chair.

        The Committee considered the Darwin Rates Amendment Bill 2014 (Serial 72) and amendments recommended by His Honour the Administrator.

        Clause 2 read.

        Mr Giles (Chief Minister) moved the following amendment to clause 2 –
          Clause 2

          omit

          1 July 2014

          insert

          the day fixed by the Administrator by Gazette notice


        Amendment agreed to.

        Clause 2 as amended agreed to.

        Bill to be reported with amendments.
        _________________

        The Assembly resumed; the Deputy Speaker took the Chair; Mr Higgins reported that the Committee had agreed to the proposed law with amendments.

        The Deputy Speaker put the question - That the Report be adopted.
    10. Termination of Units Plans and Unit Title Schemes Bill 2014 (Serial 104) – BILL AGREED TO
        Resumption of debate on the question - That the Bill be now read a second time.

        Debate resumed.

        Extension of Time: On the motion of Mr Wood (Member for Nelson), Mr Elferink (Member for Port Darwin) was granted an extension of time.

        Debate continued.

        Question - put and passed.

        Bill read a second time.

        The Assembly resolved itself into Committee of the Whole for consideration of the Bill in detail.
        _________________

        In Committee

        Mr Higgins (Chair of Committees) took the Chair.

        The Committee considered the Termination of Units Plans and Unit Title Schemes Bill 2014 (Serial 104).

        Clause 1 to 3 taken together and agreed to.

        Clause 4 read.

        Mr Elferink (Attorney-General) moved the following amendment to clause 4 –
          Clause 4, definition prescribed number of days, paragraph (b)(ii)
          omit

          12(1)(c)

          insert

          12(2)(b)(i)

        Amendment agreed to.

        Clause 4 as amended agreed to.

        Clause 5 to 11 taken together and agreed to.

        Clause 12 read.

        Mr Elferink moved the following amendment to clause 12 –
          Clause 12(1)(c)(ii)

          omit

          , accompanied by a copy of a binding accepted offer to purchase the unit

        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          Clause 12(2)(b)

          omit, insert

          (b) if the notice is given under subsection (1)(c)(ii):
              (i) the objecting owner must, within the prescribed number of days after giving the notice, provide a copy of a binding contract to purchase the objecting owner's unit to the proponent; and

              (ii) the objecting owner must proceed with the sale as soon as practicable after providing the copy, and in any event, not later than 42 days after providing it;

        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          Clause 12(3)

          omit

          subsection (2)

          insert

          subsection (2)(a) or (c) if applicable


        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          After clause 12(3)

          insert
        (3A) If subsection (2)(b) applies and an objecting owner does not comply with it, the proponent may apply to the Tribunal for an order for the sale of the objecting owner's unit to the proponent:
          (a) at a price fixed by the Tribunal after it has received the written report mentioned in subsection (4); and

          (b) on the other terms and conditions ordered by the Tribunal and that comply with any requirements prescribed by regulation as mentioned in section 13(5)(a)(ii).
        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          Clause 12(5)(b)(ii)

          omit

          of a unit in the development

          insert

          of the objecting owner's unit

        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          Clause 12(7)

          omit

          entered in the record of administrative interests

          insert

          registered

        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          Clause 12(8)(a)

          omit

          proponent

          insert

          body corporate
        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          Clause 12(8)(b)

          omit

          all words from "enter" to "section 38"

          insert

          register the notice of proposed termination, and the information prescribed by regulation, in the land register kept under section 6

        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          Clause 12(8)(c)

          omit

          all words after "information"

          insert

          are registered under paragraph (b) has the same rights and duties as the owner from whom the person has acquired the unit; and
        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          After clause 12(8)(c)

          insert

          (d) the proponent must pay the body corporate, on demand, the amount of the fee that the body corporate has paid under paragraph (a)(iii).
        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 12 –
          Clause 12(9)

          omit

          proponent

          insert

          body corporate

        Amendment agreed to.

        Clause 12 as amended agreed to.

        Clause 13 to 14 taken together and agreed to.

        Clause 15 read.

        Mr Elferink moved the following amendment to clause 15 –
          Clause 15(a)

          omit, insert

          (a) a person mentioned in section 16(1) for an order in relation to the termination of a development:
              (i) if the development is one in which there are fewer than 10 units; or

              (ii) if the development is one to

        Amendment agreed to.

        Clause 15 as amended agreed to.

        Clause 16 agreed to.

        Clause 17 read.

        Mr Elferink moved the following amendment to clause 17 –
          Clause 17(2)(d)

          omit

          appropriate.

          insert

          appropriate;
        Amendment agreed to.

        Mr Elferink moved the following amendment to clause 17 –
          After clause 17(2)(d)

          insert

          (e) any matter prescribed by regulation.
        Amendment agreed to.

        Clause 17 as amended agreed to.

        Clause 18 to 28 taken together and agreed to.

        Clause 29 read.

        Mr Elferink moved the following amendment to clause 29 –
          Clause 29(1)

          omit, insert
        (1) Section 54E(1)

          omit

          section 14, 15 or 72 of the Unit Title Schemes Act (the UTS Act),

          insert

          section 72 of the Unit Title Schemes Act (the UTS Act), the prescribed fee must be paid to the Registrar-General and
        Amendment agreed to.

        Clause 29 as amended agreed to.

        Clause 30 read.

        Mr Elferink moved the following amendment to clause 30 –
          Clause 30, proposed section 54G(1), after "Act,"

          insert

          the prescribed fee must be paid to the Registrar-General, and
        Amendment agreed to.

        Clause 30 as amended agreed to.

        Remainder of the Bill taken as a whole and agreed to.

        Bill to be reported with amendments.
        _________________

        The Assembly resumed; the Speaker took the Chair; Mr Higgins reported that the Committee had agreed to the Bill with amendments.

        The Speaker put the question - that the Report be adopted.

        Motion agreed to.

        On the motion of Mr Elferink, the Bill was read a third time and was passed to be a proposed law.

    11. Police Administration Amendment Bill 2014 (Serial 98) – 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.

        On the motion of Mr Elferink (Attorney-General), by leave, the Bill was read a third time and was passed to be a proposed law.
        _________________

        General Business: The time being 5.30pm, General Business commenced.
        _________________
    12. Government Actions to Rush the Sale of TIO – MOTION NOT AGREED TO
        Mr Wood (Member for Nelson) pursuant to notice, moved – That this Legislative Assembly condemns the Chief Minister and the Government for their actions to rush through a sale of TIO:

        - without a mandate;

        - without a proper two way consultation process with Territorians;

        - without going to the Public Accounts Committee;

        - while being deceptive in the amount it will get from the sale of TIO;

        - before public hearings are held in the Territory early next year by the Senate Inquiry into Asset Sales; and

        - on the Basis of securing reward payments from the federal Governments Asset Recycling Program, which is yet to be enacted.

        and that the Legislative Assembly asserts that future insurance protections for Territorians are at risk.

        Debate ensued.

        Extension of Time: On the motion of Mr Vowles (Member for Johnston), Mr Styles (Member for Sanderson) was granted an extension of time.

        Debate continued.

        Question – put

        The Assembly divided:
          Ayes -9 Noes - 14

          Ms Fyles Mr Barrett
          Mr Gunner Mr Chandler
          Ms Lawrie Mr Conlan
          Mr McCarthy Mr Elferink
          Ms Manison Mrs Finocchiaro
          Ms Moss Mr Giles
          Mr Vowles Mr Higgins
          Ms Walker Mr Kurrupuwu
          Mr Wood Mrs Lambley
          Mrs Price
          Ms Purick
          Mr Styles
          Mr Tollner
          Mr Westra van Holthe
        Motion not agreed to.
    13. MINISTERIAL STATEMENT - Blue Mud Bay Fishing Agreements – MOTION TO NOTE
        Mr Westra van Holthe (Minister for Primary Industry and Fisheries) made a statement regarding the status of negotiations for access to waters affected by the High Court's Decision on Blue Mud Bay.

        Paper Tabled: Mr Westra van Holthe laid upon the Table –

        1. Brochure, Fishing the Daly River, Malak Malak Land and Water Management (Paper 1159), and

        2. Brochure, Fishing the McArthur River and Sir Edward Pellew Islands, Lianthawirriyarra Sea Ranger Unit (Paper 1160).

        Mr Westra van Holthe moved – That the Assembly take note of the Statement.

        Debate ensued.

        On the motion of Mr Elferink (Leader of Government Business) debate was adjourned.
      14. MINISTERIAL STATEMENT – Amendment to the Workers Rehabilitation and Compensation Act – MOTION TO NOTE
          Mr Elferink (Leader of Government Business), on behalf of Mr Giles (Chief Minister), made a statement regarding the Government's intention to amend the Workers Rehabilitation and Compensation Act.

          Mr Elferink moved – That the Assembly take note of the Statement.

          Debate ensued.

          Paper Tabled: Mr Elferink laid upon the Table – Government Response: Review into the Northern Territory Workers Compensation Scheme, November 2014 (Paper 1161).

          On the motion of Mr Elferink (Leader of Government Business) debate was adjourned.
      15. PAPERS
          The Deputy Speaker Tabled the following Papers –

          1. Remuneration Tribunal Report, Travel Report, Member for Nhulunbuy, Ms Lynne Walker, to travel to Adelaide to meet with SA Minister for Aboriginal Affairs and Minister for Housing, Minister Zoe Bettison, between 29th August – 5th September 2014, pursuant to clause 4.12, dated 25 November 2014 (Paper 1162). ).

          2. Remuneration Tribunal Report, Travel Report, Member for Barkly, Mr Gerry McCarthy, to travel to Darwin to attend Northern Australia Food Futures Conference 2014 on 3rd – 5th November 2014, pursuant to clause 4.12, dated 20 November 2014 (Paper 1163).
      16. ADJOURNMENT
          Mr Elferink (Leader of Government Business) moved - That the Assembly do now adjourn.

          The Assembly adjourned at 11.02pm until Thursday 27 November 2014 at 10.00am.
      ____________________

          PAPERS
          The following papers were deemed to have been Tabled on 26 November 2014 -

          Annual Reports 2013/2014:
          Children’s Commissioner Northern Territory, 2013/2014 (Paper 1156)
          Northern Territory Child Deaths Review and Prevention Committee, 2013/2014 (Paper 1157)

          Joint Management Plan:
          Adelaide River Conservation Reserves (includes Fogg Dam, Harrison Dam, Black Jungle/Lambell’s Lagoon Conservation Reserves and Melacca Swamp Conservation Area), August 2014 (Paper 1158)
      ______________________

          ATTENDANCE
          All Members attended the sittings.







          Michael Tatham
          Clerk of the Legislative Assembly
      Last updated: 04 Aug 2016