Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2014-11-25

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 Year 10 students from Palmerston Senior College.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    4. MESSAGE FROM THE ADMINISTRATOR
        The Speaker advised Members of receipt of the following Message from His Honour the Administrator (Paper 1130):
        Message No. 21 - Assent to Proposed Laws

        I, JOHN HARDY OAM, 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:

        13 November 2014
        Criminal Property Forfeiture Amendment Act 2014 (Act No 31 of 2014)
        Firearms Amendment Act 2014 (Act No 32 of 2014)
        Land Development Corporation Amendment Act 2014 (Act No 33 of 2014)
        Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Act 2014 (Act No 34 of 2014)
        Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 (Act No 35 of 2014)
        Northern Territory Civil Administrative Tribunal (Conferral of Jurisdiction for Native Title Matters) Act 2014 (Act No 36 of 2014)
        Parole Amendment Act 2014 (Act No 37 of 2014)
        Statute Law Revision Act 2014 (Act No 38 of 2014)
        Superannuation Legislation Amendment and Repeal Act 2014 (Act No 39 of 2014)
        Tobacco Control Legislation Amendment Act 2014 (Act No 40 of 2014)

        Dated 20 November 2014.
    5. MESSAGE FROM THE ADMINISTRATOR
        The Speaker advised Members of receipt of the following Message from His Honour the Administrator (Paper 1131):
        Message No. 22 - Motor Accidents (Compensation) Commission Bill 2014

        I, John Laurence Hardy OAM, Administrator of the Northern Territory of Australia, under section 11 of the Northern Territory (Self-Government) Act 1978 (Cth), recommend to the Legislative Assembly a Bill for an Act that will create statutory guarantees of certain liabilities of the Motor Accidents (Compensation)) Commission and to authorise amounts to be paid from the Central Holding Authority in the event of amounts becoming payable under those guarantees.

        Dated 24 November 2014.

    6. RETURN OF THE DARWIN RATES AMENDMENT BILL 2014
        The Speaker advised Members of receipt by the Clerk of a letter from the Official Secretary to the Administrator containing an instrument signed by His Honour on 11 November 2014 which returns the Darwin Rates Amendment Bill 2014 as passed by the Assembly on 20 August 2014 requesting consideration be given to a recommended amendment to the Bill (Paper 1133).

        Mr Giles (Chief Minister) moved – That pursuant to Standing Order 205 the recommended amendment to the Darwin Rates Amendment Bill 2014, being a proposed law returned by His Honour the Administrator be considered in a Committee of the Whole on Wednesday, 26th November at 2.00 pm.

        Question – put and passed.
    7. SPEAKER'S STATEMENT
        The Speaker made a statement regarding Mitochondrial Disease Awareness Week, Pancreatic Cancer Awareness Month and the White Ribbon Solidarity March.
    8. COMMITTEE MEMBERSHIP
        The Speaker advised Members of receipt of a letter from the Leader of the Opposition regarding the Membership of Committees.

        Ms Lawrie (Leader of the Opposition) moved – That the following membership changes, as nominated on 10 November 2014, be adopted:

        The Members for Nightcliff and Nhulunbuy are discharged, and the Members for Casuarina and Johnston be appointed to the House Committee, and

        The Member for Wanguri is discharged, and the Member for Nhulunbuy be appointed to the Legal and Constitutional Affairs Committee, and

        The Member for Johnston is discharged, and the Member for Casuarina be appointed to the Standing Orders Committee.

        Question – put and passed.
    9. QUESTIONS
        10.05 Ms Lawrie to Chief Minister
        10.09 Mr Barrett to Chief Minister
        10.12 Ms Lawrie to Chief Minister
        10.17 Mr Barrett to Chief Minister

        Paper Tabled: Mr Giles (Chief Minister) laid upon the Table – Media Release, People’s Choice Credit Union, TIO Bank customers to benefit from People’s Choice Credit Union’s acquisition, dated 25 November 2014 (Paper 1132).

        10.20 Mr McCarthy to Chief Minister
        ________________

        Visitors: The Speaker advised Honourable Members of the presence in the gallery of Year 10 students from Palmerston Senior College.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
        _________________

        10.24 Mr Tollner to Chief Minister
        10.28 Ms Fyles to Chief Minister
        10.32 Mrs Finocchiaro to Minister for Health
        10.37 Mr Wood to Chief Minister
        10.40 Mr Kurrupuwu to Chief Minister
        _________________

        Suspension of Standing Orders

        Ms Lawrie (Member for Karama) moved — That so much of Standing Orders be suspended as would prevent this house from censuring the Government.

        Mr Elferink (Leader of Government Business) informed the Assembly that the Government would not accept the censure motion, pursuant to Standing Order 95.

        Mr Elferink moved – That the question now be put.

        Question – put

        The Assembly divided:
          Ayes - 13 Noes - 10
          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 Tollner
          Mr Westra van Holthe

        Motion agreed to.

        Question – That so much of Standing Orders be suspended as would prevent this house from censuring the Government - put

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

        Motion not agreed to.
        _________________

        10.52 Mr Higgins to Minister for Primary Industry and Fisheries
        10.56 Ms Lee to Chief Minister
        10.59 Mr Kurrupuwu to Minister for Infrastructure

        Mr Elferink (Leader of Government Business) asked that further questions be placed on the Written Question Paper.
    10. VISITORS
        The Speaker advised Honourable Members of the presence in the gallery of:

        1. The Mayor of Litchfield Council, Mr Allan McKay, and

        2. Electorate Officers of Members of the Legislative Assembly.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
    11. SUSPENSION OF STANDING ORDERS – MOTION AGREED TO
        Mr Elferink (Leader of Government Business) moved – That pursuant to Standing Order 306, suspension of so much of Standing Orders which would prevent the Chief Minister from:

        Immediately introducing the following bills:

        1. Motor Accidents (Compensation) Commission Bill (Serial 108)

        2. Territory Insurance Office (Sale) Bill 2014 (Serial 109)

        And, that the bills be considered together as cognate bills with one second reading debate, be considered separately in a Committee of the Whole, if required by the Assembly;

        And, that the bills pass through all stages today.

        Debate ensued.
        ________________

        Visitors: The Speaker advised Honourable Members of the presence in the gallery of the Intensive English Unit students from Sanderson Middle School.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
        _________________

        Debate resumed.
        ________________

        Visitors: The Speaker advised Honourable Members of the presence in the gallery of the Remote Area Students from Saint John's College.

        On behalf of all Members the Speaker extended a warm welcome to the visitors.
        _________________

        Debate resumed.

        Question – put

        The Assembly divided:
          Ayes - 13 Noes - 8
          Mr Barrett Ms Fyles
          Mr Chandler Mr Gunner
          Mr Conlan Ms Lawrie
          Mr Elferink Mr McCarthy
          Mrs Finocchiaro Ms Manison
          Mr Giles Ms Moss
          Mr Higgins Mr Vowles
          Mr Kurrupuwu Ms Walker
          Mrs Lambley
          Mrs Price
          Mr Styles
          Mr Tollner
          Mr Westra van Holthe
        Motion agreed to.
        _________________


        Suspension of sittings: The sitting of the Assembly was suspended between 12.15pm and 2.15pm.

        _________________
    12. NOTICES
        The following notices were given:

        1. Mrs Lambley (Minister for Health) will present on the next sitting day a bill entitled – Alcohol Mandatory Treatment Amendment Bill 2014 (Serial 107).

        2. Mrs Lambley (Minister for Alcohol Rehabilitation) will move on the next sitting day – 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.

        3. Mr Wood (Member for Nelson) will move on the next General Business day - 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;

          - has been 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, and that is yet to be enacted.

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

    13. PETITIONS
        The following Petitions were presented:

        1. Ms Purick (Member for Goyder), presented Petition No. 40 from 746 petitioners, conforming with Standing Orders praying that the Northern Territory government continues to support the retention of TIO in its current legal status (Paper 1144).
          Petition read.

        2. Mr Wood (Member for Nelson), presented Petition No. 39 from 1069 petitioners, conforming with Standing Orders praying that the Northern Territory government does not sell any part of TIO (Paper 1145).
          Petition read.

    14. RESPONSE TO PETITION
        The Clerk, pursuant to Standing Order 100A, laid upon the Table Response to Petition Number 38 (Paper 1146).
    15. Motor Accidents (Compensation) Commission Bill 2014 (Serial 108) and Territory Insurance Office (Sale) Bill 2014 (Serial 109) – BILLS AGREED TO
        Mr Giles (Chief Minister), presented a Bill for an Act to provide for the Motor Accidents (Compensation) Commission and Motor Accidents (Compensation) Fund, and for related purposes and a Bill for an Act to facilitate the sale of part of the business of the Territory Insurance Office, and for related purposes.

        Bills read a first time.

        Mr Giles moved - That the Bills be now read a second time.

        Debate ensued.

        Paper Tabled: Mr Giles laid upon the Table:

        1. Explanatory Statement, Motor Accidents (Compensation) Commission Bill 2014 (Serial 108) (Paper 1147), and

        2. Explanatory Statement, Territory Insurance Office (Sale) Bill 2014 (Serial 109) (Paper 1148).

        Debate ensued.

        Extension of Time: On the motion of Mr McCarthy (Member for Barkly), Ms Lawrie (Member for Karama) was granted an extension of time.

        Debate continued.

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

        Debate continued.

        Question - put and passed.

        Bills read a second time.

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

        In Committee

        Mr Higgins (Chair of Committees) took the Chair.

        The Committee considered the Motor Accidents (Compensation) Commission Bill 2014 (Serial 108).

        Bill taken as a whole and agreed to.

        Bill to be reported without amendment.

        The Committee considered the Territory Insurance Office (Sale) Bill 2014 (Serial 109).

        Bill taken as a whole and agreed to.

        Bill to be reported without amendment.
        _________________

        The Assembly resumed; the Speaker took the Chair; Mr Higgins reported that the Committee had agreed to the Bills without amendment.

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

        Motion agreed to.

        Mr Giles moved – That the Bills be read a third time.

        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.

        Bills read a third time and were passed to be proposed laws.
    16. PAPERS
        The following papers were Tabled:

        1. Mr Giles (Chief Minister) made a statement and laid on the Table – Annual Report 2013/2014, Darwin Port Corporation, A Year of Milestone Achievements – Australia’s Northern Gateway of Choice (Paper 1135).

        2. Mr Barrett (Chair of the Legal and Constitutional Affairs Committee) made a statement and laid on the Table – Legal and Constitutional Affairs Committee performing the functions of the Subordinate Legislation and Publications Committee, Report on the Motor Accidents (Compensation) Amendment Regulations 2014, Subordinate Legislation No. 19 of 2014, November 2014 (Paper 1149).
          Mr Barrett moved – That the paper be printed.

          Question – put and passed.

          Mr Barrett moved – That the Assembly take note of the report.

          Leave was granted for Mr Barrett to continue his remarks at a later time.

        3. The Speaker Tabled the following Papers:
          1. Remuneration Tribunal Report, Travel Report, Member for Stuart, Mrs Bess Price, to travel to Sydney to attend the state funeral of David McEvoy on 18th August 2014, pursuant to clause 4.12, received 5 November 2014 (Paper 1151).

          2. Remuneration Tribunal Report, Travel Report, Member for Daly, Mr Gary Higgins, to travel to Brisbane to attend an Energy Exchange Series Presentation sponsored by Rio Tinto on 24th -27th October 2014, pursuant to clause 4.12, received 3 November 2014 (Paper 1152).

          3. Remuneration Tribunal Report, Travel Report, Member for Arnhem, Ms Larisa Lee, to travel to Darwin to attend the new Darwin Correctional Precinct on 14th - 15th July 2014, pursuant to clause 4.12, received 24 November 2014 (Paper 1153). ).

          4. Remuneration Tribunal Report, Travel Report, Member for Arnhem, Ms Larisa Lee to attend opening of Darwin Show President Luncheon on 17th – 24th July 2014, pursuant to clause 4.12, received 24 November 2014 (Paper 1154). ).

          5. Annual Report 2013/2014, Northern Territory Electoral Commission (Paper 1150).
    17. ADJOURNMENT
        Mr Chandler (Deputy Chief Minister) moved - That the Assembly do now adjourn.

        The Assembly adjourned at 11.10 pm until Wednesday 26 November 2014 at 10.00 am.
    ____________________

        PAPERS
        The following papers were deemed to have been Tabled 25 November 2014-

        Annual Reports 2013/2014:
        Aboriginal Areas Protection Authority, 2013/2014 (Paper 1134)
        The Commissioner of Consumer Affairs, Northern Territory Consumer Affairs, 2013/2014 (Paper 1136)
        Education and Care Services Ombudsman, National Education & Care Services FOI & Privacy Commissioners, 2013/2014 (Paper 1137)
        Darwin Waterfront Corporation, 2013/2014 (Paper 1138)

        Subordinate Legislation 2014:
        No. 34, Court Security Amendment Regulations 2014 (Paper 1139)
        No. 35, Barramundi Fishery Management Plan Amendment 2014 (Paper 1140)
        No. 36, Plant Health Amendment Regulations 2014 (Paper 1141)
        No. 37, Northern Territory Civil and Administrative Tribunal Regulations (Paper 1142)
        No. 38, Livestock Amendment Regulations (Paper 1143)
    ______________________

        ATTENDANCE
        All Members attended the sittings.






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