Minutes of Proceedings - 2005-06-29
- The First Session of the Tenth Legislative Assembly of the Northern Territory began in the Legislative Assembly Chamber, Darwin, on Wednesday the twenty ninth day of June, Two thousand and five.
- And Members having taken their seats -
- The Notice calling the Legislative Assembly together was read by the Clerk, as follows:
NORTHERN TERRITORY OF AUSTRALIA
Northern Territory (Self-Government) Act 1978 of the Commonwealth
NOTICE APPOINTING THE TIME FOR HOLDING FIRST SESSION OF THE TENTH LEGISLATIVE ASSEMBLY
Northern Territory (Self-Government) Act 1978 of the Commonwealth
NOTICE APPOINTING THE TIME FOR HOLDING FIRST SESSION OF THE TENTH LEGISLATIVE ASSEMBLY
- I, EDWARD JOSEPH EGAN, the Administrator of the Northern Territory of Australia, pursuant to section 22(1) of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, appoint 10 am on Wednesday, 29 June 2005 as the time for holding the 1st session of the 10th Legislative Assembly, to be held in the Legislative Assembly Chamber, Darwin.
- Dated 24 June 2005.
- Sgd. E J EGAN
Administrator. (Paper 1)
- The approach of His Honour the Administrator was announced by the Serjeant-at-Arms.
Mr E J Egan AO entered the Chamber and took the Chair.
The Administrator addressed Members of the Assembly as follows:
Members of the Legislative Assembly and guests, please be seated -
Members of the Legislative Assembly, pursuant to section 22 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, I appointed 10 am on Wednesday, 29 June 2005, as the day for the Legislative Assembly of the Northern Territory of Australia to assemble for the despatch of business and required all members of the Legislative Assembly to give their attendance in the Legislative Assembly Chamber.
- The Administrator further addressed Members of the Assembly as follows:
Members of the Legislative Assembly, pursuant to section 13 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth it is, amongst other things, enacted that every member of the Legislative Assembly shall, before taking his or her seat, make and subscribe before the Administrator or a person authorized by the Administrator, an oath or affirmation of allegiance in the form in Schedule 2 of the Northern Territory (Self-Government) Act 1978 and an oath or affirmation of office in the form in Schedule 3 of that Act.
- The Clerk of the Legislative Assembly laid on the Table the writ for the election of members of the Legislative Assembly elected on 18 June 2005. (Paper 2)
- The Administrator called upon the Clerk of the Legislative Assembly to administer the oaths or affirmations to those Members of the Legislative Assembly who are present. Members named in the return were called and accordingly made and subscribed the oaths or affirmations required by law, as follows:
Marion Rose Scrymgour Arafura
Jodeen Terese Carney Araluen
Barbara Anne McCarthy Arnhem
Elliot Arthur McAdam Barkly
Terrance Kennedy Mills Blain
Loraine Margaret Braham Braitling
James Patrick Burke Brennan
Konstantine Vatskalis Casuarina
Daniel Robert Knight Daly
Christopher William Natt Drysdale
Clare Majella Martin Fannie Bay
Edward John Warren Goyder
Richard Soon Huat Lim Greatorex
Christopher Bruce Burns Johnston
Delia Phoebe Lawrie Karama
Christina Fay Miller Katherine
Alison Anderson Macdonnell
Matthew Thomas Bonson Millner
Gerard Vincent Wood Nelson
Sydney James Stirling Nhulunbuy
Jane Lesley Aagaard Nightcliff
Kerry Denise Sacilotto Port Darwin
Leonard Francis Kiely Sanderson
Peter Howard Toyne Stuart
Paul Raymond Henderson Wanguri (Paper 3)
- His Honour the Administrator advised Members as follows:
Members of the Legislative Assembly it is now necessary that a Speaker of the Legislative Assembly be chosen, you, Members of the Legislative Assembly will now proceed to choose some proper person to be your Speaker.
Following the selection of the person you choose to be Speaker and their presentation to me later this day I will return to the Chamber and address this Assembly declaring the causes for calling the Assembly together.
- His Honour the Administrator Mr E J Egan AO then withdrew from the Chamber.
7. ELECTION OF SPEAKER:
- The Chief Minister (Ms Martin) addressing the Clerk thereupon proposed to the Assembly for its Speaker the Member for Nightcliff, Mrs Aagaard, and moved - That the Member for Nightcliff do take the Chair of this Assembly as Speaker.
Which motion was seconded by the Leader of the Opposition (Ms Carney) and Mrs Aagaard accepted the nomination.
There being no further nominations the Clerk called for Members to speak to the motion. Members made short speeches supporting the nomination of the Member for Nightcliff as the Speaker of the Legislative Assembly.
The Clerk accordingly declared the Member for Nightcliff (Mrs Aagaard) elected as Speaker in accordance with Standing Orders.
The Speaker was conducted to the Chair by her sponsors Ms Martin and Ms Carney.
Congratulatory speeches were made by Members.
Madam Speaker thanked the Assembly for the high honour it had conferred upon her, responded to Members speeches and thereupon took the Chair.
8. PRESENTATION OF SPEAKER TO ADMINISTRATOR:
- The Speaker informed Members that it was the intention of His Honour the Administrator to attend at the Office of the Speaker and invited Honourable Members to accompany her to the Office of the Speaker where she would present herself to His Honour the Administrator as the choice of the Assembly as its Speaker.
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- Suspension of sitting: The sitting was suspended until the ringing of the Bells.
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- The Bells having been rung and the Assembly having resumed -
The Speaker reported that, accompanied by Honourable Members, she had presented herself to His Honour the Administrator as the choice of the Assembly as its Speaker and the Administrator was pleased to congratulate me upon my appointment.
9. SPEAKER’S COMMISSION TO ADMINISTER OATHS AND AFFIRMATIONS PAPER TABLED:
- The Speaker announced the receipt from His Honour the Administrator the following Commission to administer to Members oaths or affirmations of allegiance and of office, which was laid upon the Table and read by the Clerk:
NORTHERN TERRITORY OF AUSTRALIA
NORTHERN TERRITORY (SELF-GOVERNMENT) ACT 1978 OF THE COMMONWEALTH
AUTHORISATION TO ADMINISTER OATHS AND AFFIRMATIONS
I, EDWARD JOSEPH EGAN, the Administrator of the Northern Territory of Australia, pursuant to section 13(7) of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, authorise the Honourable Jane Lesley Aagaard, MLA to administer the oaths or affirmationsreferred to in section 13(6) of that Act to a member of the Legislative Assembly who has not already made and subscribed them since election to the Assembly.
Dated 29 June 2005.
Sgd. E J EGAN
Administrator
(Paper 4)
- The approach of His Honour the Administrator was announced by the Serjeant-at-Arms.
- His Honour the Administrator entered the Chamber. Madam Speaker left the Chair and His Honour, having taken the Chair delivered his Address declaring the causes of his calling the Assembly together.
(Text of Speech appears in Hansard)
- Upon completing his Address to the Assembly, His Honour was pleased to present the Speaker with a copy of his Address and retired from the Chamber, led by the Serjeant-at-Arms. (Paper 5)
The Speaker resumed the Chair.
- The Chief Minister (Ms Martin), by leave, made a statement informing the Assembly of Ministers and the administrative arrangements of Government as follows and laid on the Table the Northern Territory Government Gazette No. S 24 of 24 June 2005 (Paper 6)
MINISTERS, MINISTRIES AND ADMINISTRATIVE ARRANGEMENTS
CLARE MAJELLA MARTIN
Chief Minister
Minister for Tourism
Minister for Territory Development
Minister for the AustralAsia Railway
Minister for Indigenous Affairs
Minister for Arts and Museums
Minister for Young Territorians
Minister for Women's Policy
Minister for Senior Territorians
SYDNEY JAMES STIRLING
Treasurer
Minister for Employment, Education and Training
Minister for Racing, Gaming and Licensing
Minister for Justice and Attorney-General
Minister for Health
Minister for Central Australia
PAUL RAYMOND HENDERSON
Minister for Business and Industry
Minister for Police, Fire and Emergency Services
Minister for Defence Support
Minister for Asian Relations and Trade
Minister for Corporate and Information Services
Minister for Communications
Minister for Community Development
Minister for Housing
Minister for Local Government
Minister for Sport and Recreation
Minister for Regional Development
Minister assisting the Chief Minister on Indigenous Affairs
CHRISTOPHER BRUCE BURNS
Minister for Transport and Infrastructure
Minister for Lands and Planning
Minister for Parks and Wildlife
Minister for Essential Services
KONSTANTINE VATSKALIS
Minister for Mines and Energy
Minister for Primary Industry and Fisheries
Minister for Multicultural Affairs
MARION ROSE SCRYMGOUR
Minister for Family and Community Services
Minister for the Environment and Heritage
Minister assisting the Chief Minister on Young Territorians, Women's Policy and Senior Territorians
OFFICE HOLDERS
Member for Wanguri – Honourable Paul Raymond Henderson: Leader of Government Business.
Member for Karama – Ms Delia Phoebe Lawrie: Government Whip.
- The Leader of the Opposition (Ms Carney), by leave, made a statement relating to the Opposition spokespersons as follows:
Ms Jodeen Terese Carney - Leader of the Opposition
Mrs Christina Fay Miller - Deputy Leader of the Opposition
Dr Richard Lim - Opposition Whip
- OPPOSITION SPOKESPERSONS
The Leader of the Opposition (Ms Carney), by leave, advised members of the Opposition portfolio responsibilities, as follows:
Ms Jodeen Carney MLA
- Leader of the Opposition
Attorney-General and Justice
Health
Family and Community Services
Business and Industry
Women's Policy
Territory Development
AustralAsia Railway
Police, Fire and Emergency Services
Defence Support
- Deputy Leader of the Opposition
Resource Development
Primary Industry and Fisheries
Senior Territorians
Regional Development
Environment and Heritage
- Opposition Whip
Employment, Education and Training
Multicultural Affairs
Corporate and Information Services
Communications
Community Development
Housing
Local Government
Indigenous Affairs
Transport and Infrastructure
Lands and Planning
Essential Services
Central Australia
- Treasury
Racing, Gaming and Licensing
Tourism
Arts and Museums
Asian Relations and Trade
Sport and Recreation
Young Territorians
Parks and Wildlife
(Paper 7)
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- Suspension of sittings: The sittings of the Assembly was suspended between 11.35 am and 2.00pm.
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15. CHAIRMAN OF COMMITTEES - APPOINTMENT:
- The Speaker reminded Members that it was now necessary for the Assembly to appoint a Member to be its Chairman of Committees -
Whereupon the Chief Minister (Ms Martin) proposed to the Assembly for its Chairman of Committees the Member for Sanderson (Mr Kiely) and moved - That the Member for Sanderson be appointed Chairman of Committees.
Which motion was seconded by the Deputy Chief Minister (Mr Stirling) and Mr Kiely accepted the nomination.
The time for motions having expired the Speaker put the question “does any honourable Member wish to speak to the motion” -
The Speaker thereupon declared the Member for Sanderson (Mr Kiely) to have been appointed Chairman of Committees of this Assembly.
Debate ensued.
Debate concluded.
- Response to petitions: The Clerk, pursuant to Standing Order 100A, presented responses to the following petitions Nos. 74 and 75 re Teachers Enterprise Bargaining Agreement 2005.
17. NOTICES:
- The following notices were given -
Mr Stirling: To present the Supply Bill 2005/2006 (Serial 1).
Mr Stirling: To move - That so much of the Standing Orders be suspended as would prevent the Supply Bill 2005/2006 (Serial 1), passing through all stages at these sittings.
Mr Stirling: To present the Appropriation Bill (No. 2) 2005/2006 (Serial 2).
Mr Stirling: To move - That so much of the Standing Orders be suspended as would prevent the Appropriation Bill (No. 2) 2005/2006 (Serial 2), passing through all stages at these sittings.
Mr Stirling: To present the Pay-roll Tax Amendment Bill (No. 2) 2005 (Serial 3).
Mr Stirling: To present the Taxation (Administration) Amendment Bill (No. 2) 2005 (Serial 4).
Mr Stirling: To present the Stamp Duty Amendment Bill (No. 2) 2005 (Serial 5).
Mr Stirling: To move - That so much of Standing Orders be suspended as would prevent three Bills, entitled -
- Pay-roll Tax Amendment Bill (No. 2) 2005 (Serial 3); Taxation (Administration) Amendment Bill (No. 2) 2005 (Serial 4); and Stamp Duty Amendment Bill (No. 2) 2005 (Serial 5),
- (a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
- Mr Stirling: To move - That so much of the Standing Orders be suspended as would prevent the Pay-roll Tax Amendment Bill (No. 2) 2005 (Serial 3); Taxation (Administration) Amendment Bill (No. 2) 2005 (Serial 4); and Stamp Duty Amendment Bill (No. 2) 2005 (Serial 5), passing through all stages at these sittings.
Mr Stirling: To present the Batchelor Institute of Indigenous Tertiary Education Amendment Bill 2005 (Serial 8).
Mr Stirling: To present the Charles Darwin University Amendment Bill 2005 (Serial 9).
Dr Toyne: To present the Bail Amendment (Repeat Offenders) Bill (No. 2) 2005 (Serial 6).
Dr Toyne: To present the Criminal Code Amendment (Criminal Responsibility Reform) Bill (No. 2) 2005 (Serial 7).
Dr Toyne: To present the Youth Justice Bill (No. 2) 2005 (Serial 10).
Dr Toyne: To present the Youth Justice (Consequential Amendments) Bill (No. 2) 2005 (Serial 11).
Dr Toyne: To move - That so much of Standing Orders be suspended as would prevent two Bills, entitled -
- Youth Justice Bill (No. 2) 2005 (Serial 10) and Youth Justice (Consequential Amendments) Bill (No. 2) 2005 (Serial 11),
(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Mr Henderson: To move, later this day, - That the Routine of Business for Thursday 7 July 2005 be as follows:
- Prayers; Petitions; giving of Notices; Government Business, Notices; and Orders of the Day; Report of the Estimates Committee consideration of the Appropriation Bill (No. 2) 2005/2006 (Serial 2) and Government Owned Corporations Scrutiny Committee.
- The Speaker advised Honourable Members that she had received the following Message from His Honour the Administrator:
Message No. 1
Assent to Proposed Laws
Assent to Proposed Laws
I, EDWARD JOSEPH EGAN, 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:
- Housing Amendment Act 2005 (Act No. 17 of 2005)
Legal Practitioners Amendment Act 2005 (No. 16 of 2005)
Proportionate Liability Act 2005 (No. 18 of 2005)
Standard Time Act 2005 (No. 19 of 2005)
- Classification of Publications, Films and Computer Games Amendment Act 2005 (Act No. 21 of 2005)
Justice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20 of 2005)
Misuse of Drugs Amendment Act 2005 (Act No. 24 of 2005)
Trans-Territory Pipeline and Blacktip Gas Projects (Special Provisions) Act 2005 (Act No. 23 of 2005)
Volatile Substance Abuse Prevention Act 2005 (Act No. 22 of 2005)
- Sgd. E J Egan
Administrator (Paper 9)
19. ADMINISTRATOR’S SPEECH - RECEIPT:
- Madam Speaker reported to the Assembly that she had received a copy of the Opening Address delivered by His Honour the Administrator to the Assembly this day.
- The Leader of Government Business (Mr Henderson) moved - That the following Address-in-Reply be agreed to:
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, desire to express our loyalty to our Most Gracious Sovereign, and to thank your Honour for the Speech which you have been pleased to address to the Assembly.
The Treasurer (Mr Stirling) seconded the motion.
Debate ensued.
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Visitors: The Speaker advised Members of the presence in the public gallery of -
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Debate continued.
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Visitors: The Speaker advised Members of the presence in the public gallery of -
Mr Fred Finch, former Member for Leanyer; and Ms Dawn Lawrie, former Member for Nightcliff.
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Debate continued.
On the motion of the Leader of Government Business (Mr Henderson) debate was adjourned.
21. SESSIONAL ORDERS – TIMES OF MEETING OF THE ASSEMBLY, MINISTERIAL REPORTS, PROGRAMMING OF QUESTIONS, ROUTINE OF BUSINESS AND SPEECH TIME LIMITS – MOTIONS AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, moved the following motions together, to operate as Sessional Orders, as circulated to Members relating to the rearrangement of the routine of Assembly business (Paper 10):
- TIMES OF MEETING OF THE ASSEMBLY:
The Leader of Government Business (Mr Henderson), by leave, moved - That, during the present session of the Assembly, the Speaker may appoint, at her discretion and notwithstanding any previous resolution of the Assembly, a day and/or time for the holding of a sitting of the Assembly, which day and/or time shall be notified to each Member in writing.
- MINISTERIAL REPORTS
The Leader of Government Business (Mr Henderson), by leave, moved -
That,
(1) On each sitting day after Notices, Ministers may make reports on matters relating to the government of the Northern Territory and relating to policy, decisions or actions, proposed decisions, actions or matters of public interest.
(2) Each Minister making a report shall speak for no more than 5 minutes.
(3) A Member of the opposition may comment for no more than 2 minutes on a ministerial report. No other Member may speak, except that the Minister who made the statement may reply to the matters raised. The Minister’s reply shall not exceed 1 minute.
(4) The period for reports shall extend for no more than 30 minutes each sitting day.
(5) At the conclusion of Reports or after 30 minutes, whichever is first occurring, the Speaker shall put the question that Ministerial Reports be noted, which question shall be put without further debate or amendment.
PROGRAMMING OF QUESTIONS
The Leader of Government Business (Mr Henderson), by leave, moved -
That,
(1) Unless otherwise ordered and notwithstanding anything contained in the Standing Orders, at 2.00 p.m. on each sitting day the Speaker shall interrupt the business before the Assembly in order that questions can be called on, provided that:
- (a) if a division is in progress at the time so fixed, the division shall be completed and the result announced; and
- (b) the Speaker shall fix the time for the resumption of debate of any business under discussion and not disposed of at the time of the interruption.
ROUTINE OF BUSINESS
The Leader of Government Business (Mr Henderson), by leave, moved -
That, unless otherwise ordered, and notwithstanding anything contained in the Standing Orders, the Assembly shall proceed each day with its ordinary business in the following routine:–
- (1) Prayers
(2) Petitions
(3) Ministerial Reports
(4) Government Business – Notices and Orders of the Day
(5) At 2 p.m. Notices
(6) Questions
(7) Government Business – Notices and Orders of the Day
(8) Papers
(9) Ministerial Statements
(10) Discussion pursuant to Standing Order 94 (Matter of Public Importance)
(11) Adjournment.
- SPEECH TIME LIMITS
The Leader of Government Business (Mr Henderson), by leave, moved -
That, unless otherwise ordered and notwithstanding anything contained in the Standing Orders, the maximum period for speeches and for the consideration of particular items of business shall be as follows:
The maximum period for which a Member may speak on any subject indicated in this order and the maximum period for any debate, shall not, unless otherwise ordered, exceed the period specified opposite to that subject in the following schedule:
In the Assembly
| Subject | Time |
| Election of Speaker or appointment of Chairman— |  |
| Each Member | 5 minutes |
| Address-in-Reply— | |
| Each Member | 30 minutes |
| Mover in reply | 20 minutes |
| Ministerial Reports— | |
| Whole period for Reports Minister making report Opposition Member Minister in reply | 30 minutes 5 minutes 2 minutes 1 minute |
| Discussion of a definite matter of public importance— | |
| Whole debate | 2 hours |
| Proposer | 20 minutes |
| Member next speaking | 20 minutes |
| Any other Member | 15 minutes |
| Bills—second reading— | |
| Mover | 45 minutes |
| Member next speaking | 45 minutes |
| Any other Member | 30 minutes |
| Mover in reply | 30 minutes |
| Bills—third reading— | |
| Mover | 10 minutes |
| Member next speaking | 10 minutes |
| Any other Member | 5 minutes |
| Mover in reply | 10 minutes |
| Debates not otherwise provided for— | |
| Mover | 30 minutes |
| Member next speaking | 30 minutes |
| Any other Member | 20 minutes |
| Mover in reply | 20 minutes |
| Motion for adjournment of the Assembly to close the business of the day— | |
| Each Member | 15 minutes |
- In committee
| Each question before the Chair | |
| Member in charge of a Bill | No limitation |
| Other Members | Unlimited, each speech not to exceed 10 minutes |
| For one period not exceeding 10 minutes |
Question - That the cognate motions relating to Times of Meeting of the Assembly, Ministerial Reports, Programming of Questions, Routine of Business and Speech Time Limits - put and passed.
22. SESSIONAL ORDERS – BROADCAST AND REBROADCAST OF ASSEMBLY PROCEEDINGS – MOTIONS AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, moved –
That, unless otherwise ordered the Assembly, for the purposes of section 23 of the Legislative Assembly (Powers and Privileges) Act, authorises the broadcasting by radio and television stations of excerpts of its proceedings in accordance with the following conditions:
Conditions governing the broadcasting of excerpts of proceedings by radio and television stations
(1) Access to the proceedings of the Assembly for the recording and broadcasting of excerpts of proceedings is subject to an undertaking to observe, and to comply with, the following conditions and guidelines.
(2) Recordings and broadcasts may be made only from the Legislative Assembly sound and vision monitoring system, unless otherwise approved by the Speaker or his or her delegates and in accordance with guidelines adopted by the Assembly from time to time.
(3) Recordings and broadcasts are restricted to Questions, unless otherwise ordered or otherwise approved by the Speaker or his or her delegates.
(4) Broadcasts of excerpts shall be used only for the purposes of fair and accurate reports of proceedings, and shall not be used for:
- (a) political party advertising or election campaigns;
(b) satire or ridicule; or
(c) commercial sponsorship or commercial advertising.
(5) Reports of proceedings shall be such as to provide a balanced presentation of differing views.
(6) Excerpts of proceedings which are subsequently withdrawn may be broadcast only if the withdrawal is also reported.
(7) Excerpts must be placed in context. Commentators should identify Members, at least by name.
(8) Events in the galleries are not part of the proceedings and excerpts in relation to such events, as far as is practicable, should not be used.
(9) Qualified privilege only shall apply to broadcasters in the use of excerpts.
(10) Where the excerpts are used on commercial networks, the station should try to ensure that advertising before and after excerpts is of an appropriate nature.
(11) Where the audio excerpts of proceedings are used on television, their use may be that of audio over still frames, or overlay material.
(12) The instructions of the Speaker or his or her delegates in respect of the broadcasting of excerpts, which are not inconsistent with these conditions, shall be observed.
(13) Non-compliance with the guidelines listed above may incur penalties.
- (Paper 11)
Question - put and passed.
23. PUBLIC ACCOUNTS COMMITTEE - APPOINT MEMBERSHIP:
- The Leader of Government Business (Mr Henderson), by leave, moved - That, notwithstanding anything contained in the Standing Orders, the following Members be appointed to the Standing Committee on Public Accounts: Mr L Kiely, Mr M Bonson, Ms D Lawrie; Dr R Lim; Mr T Mills and Mr G Wood.
Question - put and passed.
24. ESTIMATES COMMITTEE, APPOINTMENT OF ESTIMATES COMMITTEE AND GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE – MOTIONS TO APPOINT COMMITTEES, AGREED TO:
- The Leader of Government Business (Mr Henderson), by leave, and pursuant to notice given earlier this day, moved – That the Assembly appoint an Estimates Committee and a Government Owned Corporations Scrutiny Committee pursuant to the terms circulated to Members as follows (Papers 12 and 13):
ESTIMATES COMMITTEE 2005/2006
TERMS OF REFERENCE
TERMS OF REFERENCE
A. INTRODUCTION
1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed an Estimates Committee of the Legislative Assembly for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation Bill (No. 2) 2005/06.
2. That the Schedule to the Appropriation Bill (No. 2) 2005/06 and related budget documents be referred to the Estimates Committee for examination and report on proposed expenditure when the Bill has been presented.
3. That the Committee may not vote on but may examine and report on the proposed expenditure contained in the Bill by no later than 7 July 2005.
4. That the Committee examine the proposed expenditure contained in the Bill by portfolio units in accordance with the Schedule and that the proposed expenditure be considered on an output by output basis for each portfolio unit.
5. That the Committee consider the Appropriation Bill and related Budget Papers. To the extent that transactions of other public sector entities are included in the Budget Papers, these transactions can be questioned by the Committee. This would apply to Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act. The Statement of Corporate Intent for the Power and Water Corporation for 2005-06 stands referred to the Government Owned Corporations Scrutiny Committee.
6. The membership of the Estimates Committee shall consist of the membership of the Public Accounts Committee.
7. The Chairman of the Public Accounts Committee shall be the Chairman of the Estimates Committee.
8. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.
9. Other Members of the Assembly may not vote on any matters before the Committee.
10. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.
11. Members may be substituted from time to time, subject to notification to the Chairman, and in accordance with conditions provided for in paragraph 10 above.
12. The Committee may proceed with business despite a vacancy in its membership.
13. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.
14. The quorum of the Committee is to be 3 of the members of the Committee.
15. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.
- 16. The Estimates Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.
17. Unless otherwise ordered by the Committee the Committee shall sit during the following periods:
- (a) on Monday 4 July, 2005 it commences at 8:30am and adjourns at 11.00pm;
(b) on Tuesday 5 July, 2005 it commences at 8.30am and adjourns at 11.00pm;
(c) on Wednesday 6 July, 2005 commences at 8.30am and adjourns at 11.00pm; and
(d) the Committee may suspend the hearings from time to time.
18. The Estimates Committee may sit only when the Assembly is not sitting.
19. All hearings of the Estimates Committee are open to the public unless the Committee otherwise orders.
20. The Committee will consider proposed expenditure on an output by output basis, following procedures agreed to by the Estimates Committee in accordance with the other provisions of this Order and Standing Orders.
21. Unless the Committee otherwise determines, the Minister (or Speaker) may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.
22. Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.
23. The Minister (or Speaker) who has been asked for explanations may be assisted, where necessary, by officers in the provision of relevant information.
24. Officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.
25. Questions and explanations should be brief and avoid irrelevance and tedious repetition.
26. The Minister (or Speaker) may advise the Estimates Committee that an answer to a question or part of a question will be provided later to the Committee.
- At that time the Chairman 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 Speaker) by the Committee Secretariat.
27. A Minister (or Speaker) may also give the Committee additional information about an answer given by them or on their behalf.
28. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.
29. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Estimates Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.
30. 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.
- 32. Sound and vision broadcast and re-broadcast of the hearings of the Estimates Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
- 33. At an Estimates Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
34. A member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
35. If a Member persistently disrupts the business of the Committee:
- (a) The Chair may name the Member;
(b) If the Member named is a member of the Estimates Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
(c) If the Member named is not a member of the Estimates Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
37. If any objection is taken to a ruling or decision of the Chair:
- (a) The objection must be taken at once and stated in writing;
(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and
(c) The Estimates Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
- 38. A report of the Estimates Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
39. When the Report of the Estimates Committee is presented it shall be taken into consideration forthwith, together with the Report of the Government Owned Corporations Scrutiny Committee.
40. 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 committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill (No. 2) 2005/06, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to the Statement of Corporate Intent for 2005-06, be noted."
Any other Member10 minutes,
The maximum period for consideration shall be 5 hours.
41. 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".
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GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE
TERMS OF REFERENCE
TERMS OF REFERENCE
INTRODUCTION
1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed a Committee of the Legislative Assembly to be known as the Government Owned Corporations Scrutiny 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 2005/2006.
2. The membership of the Government Owned Corporations Scrutiny Committee shall consist of the membership of the Public Accounts Committee.
3. The Chairman of the Public Accounts Committee shall be the Chairman of the Government Owned Corporations Scrutiny Committee.
4. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.
5. Other Members of the Assembly may not vote on any matters before the Committee.
6. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.
7. Members may be substituted from time to time, subject to notification to the Chairman, and in accordance with conditions provided in for paragraph 6 above.
8. The Committee may proceed with business despite a vacancy in its membership.
9. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.
10. The quorum of the Committee is to be 3 of the members of the Committee.
11. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.
12. The Government Owned Corporations Scrutiny Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.
13. The Government Owned Corporations Scrutiny Committee may sit only when the Assembly is not sitting.
14. The Committee shall sit on Thursday 7 July 2005 for 2 hours from 9.00am to 11:00am.
15. All hearings of the Committee are open to the public unless the Committee otherwise orders.
16. The Committee will examine the Power and Water Corporation following procedures agreed to by the Estimates Committee in accordance with the provisions of the this Order and Standing Orders.
- 17. Unless the Committee otherwise determines, the Chairman of the Board of the Power and Water Corporation may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.
18. Members of the Committee may ask questions for the purpose of examining the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statement of Corporate Intent for 2005/06.
19. Questions shall be put directly to the Chairman of the Board of the Power and Water Corporation, the Managing Director and other officers may assist the Chairman in the provision of relevant information.
20. The Chairman or other witnesses will advise when evidence is of a commercially sensitive or confidential nature and may request that such evidence be heard 'in camera'. The Chairman of the Committee will invite the Chairman or the witnesses to give the reasons for the request.
21. Questions and explanations should be brief and avoid irrelevance and tedious repetition.
22. The Chairman of the Power and Water Corporation may advise the Committee that an answer to a question or part of a question will be provided later to the Committee.
23. At that time the Chairman of the Committee 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 Chairman of the Power and Water Corporation by the Committee Secretariat.
24. The Chairman of the Power and Water Corporation may also give the Committee additional information about an answer given by the witnesses or on their behalf.
25. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.
26. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Government Owned Corporations Scrutiny Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.
27. 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.
28. The provisions of Standing Order 274 and section 22 of the Legislative Assembly (Powers and Privileges) Act as applicable to the Committee, are limited to documents prepared for and submitted to the Committee, evidence taken by the Committee or a report of such evidence.
29. Sound and vision broadcast and re-broadcast of the hearings of the Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.
30. At a Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.
31. A Member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.
32. If a Member persistently disrupts the business of the Committee:
- (a) The Chair may name the Member;
(b) If the Member named is a member of the Government Owned Corporations Scrutiny Committee, suspend the sittings until the Chair has reported the offence to the Speaker;
(c) If the Member named is not a member of the Government Owned Corporations Scrutiny Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.
34. If any objection is taken to a ruling or decision of the Chair:
- (a) The objection must be taken at once and stated in writing;
(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and
(c) The Government Owned Corporations Scrutiny Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.
35. A report of the Government Owned Corporations Scrutiny Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.
36. When the Report of the Committee is presented it shall be taken into consideration forthwith, together with the Report of the Estimates Committee.
37. 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 committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill (No. 2) 2005/2006, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2005/2006, be noted "
- Any other Member10 minutes,
- Question - put and passed.
- The Leader of Government Business (Mr Henderson), pursuant to notice given earlier this day, moved - That the Routine of Business for Thursday 7 July 2005 be as follows:
- Prayers; Petitions; giving of Notices; Government Business, Notices; and Orders of the Day; Report of the Estimates Committee consideration of the Appropriation Bill (No. 2) 2005/2006 (Serial 2) and Government Owned Corporations Scrutiny Committee.
Question - put and passed.
- The Leader of Government Business (Mr Henderson) moved - That, notwithstanding anything contained in Standing Orders, the following Members be appointed to the Legal and Constitutional Affairs Committee:
Mr E McAdam; Mr M Bonson; Mr L Kiely; Mr T Mills; Mrs F Miller and Mrs L Braham; and that the Committee shall elect a government Member as Chairman.
Question - put and passed.
- The Leader of Government Business (Mr Henderson), by leave, moved - That,
1. The Standing Committee on Legal and Constitutional Affairs shall inquire, consider, make recommendations and report to the Assembly from time to time on:
- (a) any matter concerned with legal or constitutional issues, including law reform, parliamentary reform, administrative law, legislative review and inter-governmental relations;
(b) the legal or constitutional relationship between the Northern Territory and the Commonwealth;
(c) any proposed changes to that legal or constitutional relationship, including the admission of the Northern Territory as a new State of the Commonwealth; or
(d) any proposed changes to the Commonwealth Constitution that may affect the Northern Territory and/or its residents.
(e) with the approval of the Attorney-General, any other matter concerning the relationship between the Northern Territory and the Commonwealth and/or the States in the Australian federation;
2. The Committee may meet with any other State or Commonwealth parliamentary committees to inquire into matters of mutual concern.
3. The Northern Territory Statehood Steering Committee continues in existence with the same membership and terms of reference adopted by the Ninth Assembly on 17 August 2004 and as amended on 24 March 2005.
4. Resolutions or business transacted by the previous Legal and Constitutional Affairs Committee are taken to be the resolutions of this committee, unless otherwise amended.
5. The Committee shall report to the Assembly as soon as possible after 30 June each year on its activities during the preceding financial year.
Question - put and passed.
- The Leader of Government Business (Mr Henderson) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 5.23 pm until Thursday 30 June 2005 at 10am.
______________________
- ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016