Minutes of Proceedings - 2013-05-16
NORTHERN TERRITORY OF AUSTRALIA
MINUTES OF PROCEEDINGS
of the
LEGISLATIVE ASSEMBLY
No. 24
Thursday 16 May 2013
MINUTES OF PROCEEDINGS
of the
LEGISLATIVE ASSEMBLY
No. 24
Thursday 16 May 2013
1. MEETING:
The Assembly met at 10.00am. The Speaker, the Honourable Kezia Purick, took the Chair.
2. PRAYERS.
3. VISITORS:
- The Speaker drew Members’ attention to the presence in the Speaker’s Gallery of the Centro Italiano Assistenza Scolastia E Sociale, the Italian Seniors Education and Social Club: Cesarina Gonzadi, Teresa O’Brien, Anna Barresi, Clelia Maddalozzo, Francesca Pacini, Anna Baronio, Lina Giacoponello, Elena Moretti, Maria Masolin, Maria Lelli, Gay Finocchiaro and Franca Finocchiaro.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
The Speaker drew Members’ attention to the presence in the Gallery of the family of the Member for Nhulunbuy, Messrs Laurence, Harry and Patrick Walker.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
The Speaker drew Members’ attention to the presence in the Gallery of Year 6 Wanguri Primary School students accompanied by their teacher, Janine Woodroffe.
On behalf of all Members, the Speaker extended a warm welcome to the students.
- The Speaker advised Members of receipt of the following Messages from Her Honour the Administrator:
Message No 8 — Mining Management Amendment Bill 2013
I, SALLY THOMAS AM, the Administrator for the Northern Territory of Australia, under section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act that includes provisions authorising payments from revenue received by the Territory for the purposes in relation to minimising or rectifying environmental harm cause by mining activities.
Dated 15 May 2013
SALLY THOMAS AM
Administrator
(Paper 308)
- 10.02 Ms Lawrie to Chief Minister
10.06 Ms Lawrie to Chief Minister (Supplementary)
10.09 Ms Lee to Treasurer
10.13 Ms Walker to Chief Minister
10.18 Mr Kurrupuwu to Treasurer
10.21 Mr Gunner to Minister for Alcohol Rehabilitation
10.25 Ms Finocchiaro to Minister for Health
10.28 Mr Gunner to Minister for Alcohol Rehabilitation
10.31 Mr Wood to Chief Minister
10.35 Ms Lee to Chief Minister
10.38 Ms Fyles to Minister for Children and Families
10.41 Mr Higgins to Minister for Tourism and Major Events
10.44 Ms Fyles to Minister for Children and Families
10.47 Mrs Price to Minister for Regional Development and Local Government
10.52 Mr Wood to Minister for Infrastructure
10.55 Mr McCarthy to Minister for Infrastructure
11.00 Ms Finocchiaro to Treasurer
Mr Elferink (Leader of Government Business) asked that further questions be placed on the Written Question Paper.
6. SENTENCING AMENDMENT BILL 2013 (SERIAL 34):
- Mr Elferink (Attorney-General and Minister for Justice) presented a Bill for an Act to amend the Sentencing Act.
Mr Elferink moved — That the bill be read a second time.
Debate ensued.
Paper Tabled: Mr Elferink laid on the Table the Explanatory Statement (Paper 309).
On the motion of Ms Walker, debate was adjourned.
- Mr Elferink (Attorney-General and Minister for Justice) on behalf of Mr Westra van Holthe (Minister for Mines and Energy) presented a Bill for an Act to amend the Mining Management Act.
Mr Elferink moved — That the bill be read a second time.
Debate ensued.
Paper Tabled: Mr Elferink laid on the Table the Explanatory Statement (Paper 310).
On the motion of Mr Vatskalis, debate was adjourned.
- Mr Elferink (Attorney—General and Minister for Justice) presented a Bill for an Act to amend the Criminal Code.
Mr Elferink moved — That the bill be read a second time.
Debate ensued.
Paper Tabled: Mr Elferink laid on the Table the Explanatory Statement (Paper 311).
On the motion of Ms Walker, debate was adjourned.
- Mr Elferink (Leader of Government Business) moved —
That the Legislative Assembly resolves that:
A. INTRODUCTION
1. Notwithstanding anything contained in Standing and Sessional Orders, there be appointed an Estimates Committee of the Legislative Assembly (the Committee) for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation (2013-2014) Bill 2013 and related budget documents.
2. The Appropriation (2013-2014) Bill 2013 (the Bill) and related budget documents be referred to the Committee at the conclusion of the Treasurer’s second reading speech.
3. The Committee may not vote on but may examine and report on the proposed expenditure contained in the Bill by no later than 27 June 2013.
4. The Committee shall examine the proposed expenditure contained in the Bill by portfolio units in accordance with the schedule to be published by the Committee and the proposed expenditure shall be considered on an output by output basis for each portfolio unit.
B. MEMBERSHIP
5. The membership of the Committee shall consist of the membership of the Public Accounts Committee, subject to paragraph 34.
6. The Chair and Deputy Chair of the Public Accounts Committee shall be the Chair and Deputy Chair of the Estimates Committee.
7. Members of the Assembly who are not members of the Committee may participate in public hearings of the Committee, provided that at any time participating Members are limited to six members comprising the Chair, two Government Members, two Opposition Members and one Independent Member.
8. Members of the Assembly who are not members of the Committee may not vote on any matters before the Committee.
9. The Committee may proceed with business despite a vacancy in its membership.
10. The Chair of the Committee and the Deputy Chair when acting as Chair shall have a deliberative and a casting vote.
11. The quorum of the Committee is to be three of the members of the Committee.
12. If at any time a quorum is not present, the Chair will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and date to be fixed.
C. HEARING TIMES
13. Unless otherwise ordered by the Committee, the Committee shall hold hearings on the following days:
- (a) Tuesday, 18 June 2013;
(b) Wednesday, 19 June 2013;
(c) Thursday, 20 June 2013;
(d) Tuesday, 25 June 2013;
(e) Wednesday, 26 June 2013; and
(f) Thursday, 27 June 2013.
14. The Committee shall publish by 28 May 2013 a schedule of the days and order for hearing from Ministers and the Speaker. The Committee may amend its published schedule with the agreement of the Ministers or Speaker affected by the amendment.
D. WRITTEN QUESTIONS
15. Members of the Assembly may submit written questions for Ministers or the Speaker on the Appropriation (2013-2014) Bill 2013 and related budget documents to the Clerk Assistant Committees, who will refer the question to the Minister or Speaker of whom it is asked. Questions received are deemed to be documents presented to the Committee.
16. Written questions must be submitted:
- (a) for questions to be asked of all Ministers and the Speaker, by 4.00 pm on Tuesday, 28 May 2013;
(b) for questions to Ministers or the Speaker scheduled to appear before the Committee from 18 to 20 June 2013, by 4.00 pm on Monday, 3 June 2013;
(c) for questions to Ministers or the Speaker scheduled to appear before the Committee from 25 to 27 June 2013, by 4.00 pm on Monday, 10 June 2013.
E. HEARING PROCEDURE
18. All hearings of the Committee are open to the public unless the Committee orders otherwise.
19. Unless the Committee determines otherwise, the Minister or the Speaker may make an opening statement lasting up to five minutes, which may be extended with the leave of the Committee.
20. Members may ask for explanations from a Minister or the Speaker relating to proposed expenditure and outputs.
21. The Minister or Speaker shall determine which officers shall attend each hearing.
22. Questions shall be directed to the Minister or the Speaker, who may refer the question to an officer to answer. The Minister or the Speaker may intervene at any time to answer a question referred to an officer or to take it on notice. Only the Minister or Speaker can refer a question to an officer.
23. An officer may answer questions at the request of the Minister or the Speaker, but shall not be required to comment on policy matters or give an opinion.
24. All questions shall conform to Standing Orders 112, 113 and 114 (general rules for questions).
F. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION
25. The Minister or the Speaker may advise the Committee that an answer to a question or part of a question will be provided later to the Committee. At that time the Chair shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Minister or the Speaker by the Committee Secretariat.
26. A Minister or the Speaker may also give the Committee additional information about an answer given by them or on their behalf.
27. The answer or additional information is to be written and given to the Clerk Assistant Committees by 11 July 2013, or other time decided by the Committee, and the Chair may present it to the Assembly in accordance with Standing Order 280 by 12 July 2013. Additional information or answers so received are deemed to be documents presented to the Committee.
G. HANSARD REPORT AND OTHER TABLED DOCUMENTS
28. The Clerk of the Legislative Assembly is authorised to publish a transcript of the Committee proceedings, whether or not it has been edited, in a manner similar to that used for the daily Hansard as soon as practicable.
29. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee orders otherwise.
H. BROADCASTING AND TELEVISING OF PROCEEDINGS
30. Sound and vision of the hearings of the Committee may be broadcast and re-broadcast, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
I. DISORDER
31. At a hearing of the Committee, the Chair may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chair, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
32. A Member ordered to withdraw by the Chair must immediately withdraw for the stated period.
33. If a Member persistently disrupts the business of the Committee, the Chair may name the Member and:
- (a) If the Member named is a member of the Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
or
(b) If the Member named is not a member of the Committee, order that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
34. On the naming of a Member:
- (a) The Chair shall advise the Speaker of the Naming of a Member as soon as practicable.
(b) If the Member named was a member of the Committee, the Speaker shall declare that the Member named is no longer a member of the Committee and give notice to that effect to the Member, the Chief Minister, Leader of the Opposition and Chair of the Committee and:
- (i) if the named Member was a Government Member, ask the Chief Minister to nominate a Government Member to the Committee;
or
(ii) if the Member was an Opposition Member, ask the Leader of the Opposition to nominate an Opposition Member to the Committee.
(d) If the Member named was not a member of the Committee, the Speaker shall declare that the Member may no long participate in the proceedings of the Estimates or Government Owned Corporations Committees and give notice to that effect to the Member, the Chief Minister, Leader of the Opposition and Chair of the Committee.
- (a) the objection must be taken at once and stated in writing;
(b) the Chair, as soon as practicable, shall advise the Speaker who shall make a ruling on the matter; and
(c) the Committee may continue to meet but shall defer examination of the matter then under consideration and which is the subject of the objection.
J. REPORT OF ESTIMATES COMMITTEE
36. A report of the Committee will be presented by the Chair to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
37. When the report of the Committee is presented it shall be considered forthwith, together with the Report of the Government Owned Corporations Scrutiny Committee.
38. The following time limits shall apply to consideration of the reports of the Committees on the question:
- “that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the Committee in relation to the proposed expenditure or outputs under the Appropriation (2013-2014) Bill, and the transactions of public sector entities included in the Budget Papers and applicable Community Service Obligations paid to and dividends received from the Power and Water Corporation, be noted.”
Ministers, Leader of the Opposition and Shadow Ministers: 20 minutes;
Any other Member: 10 minutes,
The maximum period for consideration shall be 5 hours.
39. When the consideration of the reports of the Committees has been completed the following question is proposed and put forthwith:
“that the remainder of the Bill be agreed to”.
40. When the Bill has been agreed to by the Committee-of-the-Whole and reported to the Assembly, the third reading may be taken into consideration forthwith.
2013 GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE RESOLUTION
The Legislative Assembly resolves that:
A. INTRODUCTION
1. Notwithstanding anything contained in Standing and Sessional Orders, there be appointed a Committee of the Legislative Assembly to be known as the Government Owned Corporations Scrutiny Committee (the Committee) for the purpose of examining and reporting on the activities, performance, practices and financial management of the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, with reference to the Power and Water Corporation’s Statement of Corporate Intent for 2013-14.
B. MEMBERSHIP
2. The members, Chair and Deputy Chair of the Government Owned Corporations Scrutiny Committee shall be the same as the Estimates Committee.
3. Members of the Assembly who are not members of the Committee may participate in public hearings of the Committee, provided that at any time participating Members are limited to six members comprising the Chair, two Government Members, two Opposition Members and one Independent Member.
4. Members of the Assembly who are not members of the Committee may not vote on any matters before the Committee.
5. The Committee may proceed with business despite a vacancy in its membership.
6. The Chair of the Committee and the Deputy Chair when acting as Chair shall have a deliberative and a casting vote.
7. The quorum of the Committee is to be three of the members of the Committee.
8. If at any time a quorum is not present, the Chair will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and date to be fixed.
C. HEARING TIMES
9. Unless otherwise ordered by the Committee, the Committee shall hold hearings on Thursday 27 June 2013.
D. WRITTEN QUESTIONS
10. Members of the Assembly may submit written questions for the Chairman of the Board of the Power and Water Corporation (Board Chairman) on the activities, performance, practices and financial management of the Power and Water Corporation to the Clerk Assistant Committees, who will refer the question to the Board Chairman. Questions received are deemed to be documents presented to the Committee.
11. Written questions must be submitted by 4.00 pm on Monday, 10 June 2013.
12. Answers to written questions must be given at the hearing.
E. HEARING PROCEDURE
13. All hearings of the Committee are open to the public unless the Committee orders otherwise.
14. Unless the Committee determines otherwise, the Board Chairman may make an opening statement lasting up to five minutes, which may be extended with the leave of the Committee.
15. Members may ask questions relating to the activities, performance, practices and financial management of the Power and Water Corporation.
16. The Board Chairman shall determine which officers shall attend each hearing.
17. Questions shall be directed to the Board Chairman, who may refer the question to an officer. The Board Chairman may intervene at any time to answer a question referred to an officer or to take it on notice. Only the Board Chairman can refer a question to an officer.
18. An officer may answer questions at the request of the Board Chairman, but shall not be required to comment on policy matters or give an opinion.
19. All questions shall conform to Standing Orders 112, 113 and 114 (general rules for questions).
F. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION
20. The Board Chairman may advise the Committee that an answer to a question or part of a question will be provided later to the Committee. At that time the Chair shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Board Chairman by the Committee Secretariat.
21. The Board Chairman may also give the Committee additional information about an answer given by them or on their behalf.
22. The answer or additional information is to be written and given to the Clerk Assistant Committees by 11 July 2013, or other time decided by the Committee, and the Chair may present it to the Assembly in accordance with Standing Order 280 by 12 July 2013. Additional information or answers so received are deemed to be documents presented to the Committee.
G. HANSARD REPORT AND OTHER TABLED DOCUMENTS
23. The Clerk of the Legislative Assembly is authorised to publish a transcript of the Committee proceedings, whether or not it has been edited, in a manner similar to that used for the daily Hansard as soon as practicable after the Committee’s proceedings are concluded.
24. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee otherwise orders.
H. BROADCASTING AND TELEVISING OF PROCEEDINGS
25. Sound and vision of the hearings of the Committee may be broadcast and re-broadcast, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
I. DISORDER
26. At a hearing of the Committee, the Chair may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chair, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
27. A Member ordered to withdraw by the Chair must immediately withdraw for the stated period.
28. If a Member persistently disrupts the business of the Committee, the Chair may name the Member and:
- (a) If the Member named is a member of the Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
or
(b) If the Member named is not a member of the Committee, order that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
- (a) The Chair shall advise the Speaker of the Naming of a Member as soon as practicable.
(b) If the Member named was a member of the Committee, the Speaker shall declare that the Member named is no longer a member of the Committee and give notice to that effect to the Member, the Chief Minister, Leader of the Opposition and Chair of the Committee and:
- (i) if the named Member was a Government Member, ask the Chief Minister to nominate a Government Member to the Committee
or
(ii) if the Member was an Opposition Member, ask the Leader of the Opposition to nominate an Opposition Member to the Committee.
(d) If the Member named was not a member of the Committee, the Speaker shall declare that the Member may no longer participate in the proceedings of the Estimates or Government Owned Corporations Committees and give notice to that effect to the Member, the Chief Minister, Leader of the Opposition and Chair of the Committee.
- (a) the objection must be taken at once and stated in writing;
(b) the Chair, as soon as practicable, shall advise the Speaker who shall make a ruling on the matter; and
(c) the Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
J. REPORT OF GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE
31. A report of the Committee will be presented by the Chair to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
32. When the report of the Committee is presented it shall be considered forthwith, together with the Report of the Estimates Committee.
Debate ensued.
Debate suspended.
_____________________________
Suspension of sittings: The sitting of the Assembly was suspended between 11.56am and 2.00pm.
_____________________________
10. NOTICES:
- The following notice in respect of General Business Day was given —
- 1. Mr Wood: To move - That the NT government consider changes to the NT Planning Act or NT Planning Scheme to require that, where residential land including rural residential land that is affected by seepage , flooding or tidal surge,
a line — even if approximate — should be shown on the registered title map for that land.
11. PETITIONS — RESPONSES:
- Pursuant to Standing Order 100A the Clerk informed Members that a response to Petition Number 7 has been received and circulated to Members and that the text of the response will be included in the Hansard record and placed on the Legislative Assembly website (Paper 312).
12. ESTIMATES COMMITTEE 2013-14 AND GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE 2013-14 — MOTION AGREED TO:
- Debate resumed.
Question — put and passed.
13. MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) (NATIONAL UNIFORM LEGISLATION) BILL 2013 (SERIAL 23):
- 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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of Mr Giles (Minister for Transport) the Bill was read a third time and passed to be a proposed law.
- 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.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of Mr Elferink (Attorney-General and Minister for Justice) the Bill was read a third time and passed to be a proposed law.
- Mr Elferink (Leader of Government Business) moved — That intervening business be postponed until after Ministerial Statements.
Question — put and passed.
- Mr Giles (Chief Minister) made a statement in relation to the Government’s policing, justice and corrections strategy.
Mr Giles moved — That the Assembly take note of the statement.
Debate ensued.
Extension of Time: On the motion of Ms Finocchiaro, Mr Elferink was granted an extension of time.
Debate continued.
Extension of Time: On the motion of Mr Gunner, Mr Wood was granted an extension of time.
Debate continued.
On the motion of Mr Elferink (Leader of Government Business), debate was adjourned.
- Ms Finocchiaro (Chair, Public Accounts Committee) laid upon the Table Public Private Partnership Arrangements for the Darwin Correctional Precinct May 2013 (Paper 323).
Ms Finocchiaro moved — that the report be printed.
Question — put and passed.
Ms Finocchiaro made a statement relating thereto.
Ms Finocchiaro moved — that the Assembly take note of the report.
Ms Finocchiaro sought and was granted leave to continue her remarks at a later hour (29 minutes remaining).
- 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.
Quorum: Mr Vatskalis drew the attention of the Speaker to the state of the Assembly.
Bells having been rung and a Quorum having been obtained —
Debate continued.
Extension of Time: On the motion of Mr Vatskalis, Mr McCarthy was granted an extension of time.
Quorum: Mr Gunner drew the attention of the Speaker to the state of the Assembly.
Bells having been rung and a Quorum having been obtained —
Debate continued.
Extension of Time: On the motion of Ms Fyles, Mr Vatskalis was granted an extension of time.
Quorum: Ms Fyles drew the attention of the Speaker to the state of the Assembly.
Bells having been rung and a Quorum having been obtained —
Debate continued.
Quorum: Ms Walker drew the attention of the Speaker to the state of the Assembly.
Bells having been rung and a Quorum having been obtained —
Debate continued.
Extension of Time: On the motion of Mr Elferink, Mr Conlan was granted an extension of time.
Debate continued.
Question — put and passed.
Bill read a second time.
Mr Tollner moved — That the Committee stage be later taken.
Question — put and passed.
- Mr Elferink (Leader of Government Business) moved — That the Assembly do now adjourn.
Debate ensued.
Paper Tabled: Mrs Price (Member for Stuart), by leave, laid on the Table her Adjournment speech for 16 May 2013 (Paper 324).
Debate continued.
And the Assembly adjourned at 10.46pm until Thursday 27 June 2013 at approximately 2pm.
____________________
- The following papers were deemed to have been presented on 16 May 2013 —
Annual Reports
National Trust Northern Territory, 2011-12 (Paper 313).
Gaming Control Act
Agreement, pursuant to section 46C, between the Northern Territory of Australia and the Australian Lottery Company Pty Ltd, dated 26 March 2013 (Paper 314).
Liquor Act
Determination of Additional Licence Condition, under section 33AA(2), Schedule Part A and Part B, dated 27 March 2013 (Paper 315).
OmbudsmanNT
Report to: Honourable John Elferink MLA, Attorney-General and Minister for Justice, Compliance by Northern Territory Police Force with Surveillance Devices Act, First Report 2013 May 2013 (Paper 318).
Report of Investigation into: Department of Lands, Planning and the Environment, Building Advisory Services, March 2013 (Paper 319).
Review
The Consultancy Bureau, A Review of Northern Territory Police Resource Allocation, Efficiency and Operation Capabilities, December 2012 (Paper 316).
Report
Department of Local Government Regional Management Plan Report 2011/2012, March 2013 (Paper 317).
Subordinate Legislation 2013
No. 5, Prostitution Amendment Regulations 2013 (Paper 320).
No. 6, Motor Accidents (Compensation) Appeal Tribunal Amendment (Evidence) Rules 2013 (Paper 321).
No. 7, Supreme Court Amendment (Evidence) Rules 2013 (Paper 322).
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ATTENDANCE:
All Members attended the sittings except Mr Westra van Holthe, on leave.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016