Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2011-12-01

    1. MEETING:
        The Assembly met at 10am. The Acting Speaker, Ms Walker took the Chair.

    2. PRAYERS.

    3. PAPERS TABLED BY SPEAKER – MEMBERS TRAVEL REPORT:
        Papers tabled: The following Travel Reports were laid on the Table by the Acting Speaker (Ms Walker) -
    Travel Report – Remuneration Tribunal Determination Paragraph 3.14 (Interstate): Travel Report by the Member for Araluen (Mrs Lambley) pursuant to the Remuneration Tribunal Determination Paragraph 3.14 – Interstate Travel to Perth, to meet with representatives of Agencies on Child Protection, police and Community Justice and Youth Services, 2 to 5 November 2011 (Paper 1652).
      4. VISITORS:
          The Acting Speaker (Ms Walker) advised Members of the presence in the public galleries of Moil Primary School, Year 5/6 and Year 4 students accompanied by Ms Manning, Ms Ryng and Mrs Hillery.

          On behalf of all Members the Speaker extended a warm welcome to the visitors.
      5. PAIRS:
          The Acting Speaker (Mrs Walker) advised Members of the following Pair arrangements for today as follows –
      Member for Nightcliff (Mrs Aagaard) with the Member for Blain (Mr Mills), for the period 10am to close of business, 1 December 2011 (Paper 1654); and
      Member for Casuarina (Mr Vatskalis) with the Member for Sanderson (Mr Styles), for the period 3pm to close of business, 1 December 2011 (Paper 1655).
        6. WORKER REHABILITATION AND COMPENSATION LEGISLATION AMENDMENT BILL 2012 – EXPOSURE DRAFT:
            The Minister for Justice and Attorney-General (Mr Knight) presented an Exposure Draft of an Act, Worker Rehabilitation and Compensation Legislation Amendment Bill 2012, to amend the Workers Rehabilitation and Compensation Act and Workers Rehabilitation Regulations - Worker Rehabilitation and Compensation Legislation Amendment Bill (Paper 1653).
            Mr Knight made a statement relating thereto.
            Mr Knight moved - That the Assembly take note of the Report and that leave be granted to continue his remarks at a later hour.
            Leave granted.
            Debate adjourned.
        7. MENTAL HEALTH AND RELATED SERVICES AMENDMENT BILL 2011 (Serial 189):
            The Minister for Health (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to amend the Mental Health and Related Services Act.
            Bill read a first time.
            Mr Vatskalis moved – That the Bill be now read a second time.
            Debate ensued.
            Paper tabled: Mr Vatskalis laid on the Table the following Paper –
        Explanatory Statement, Mental Health and Related Services Amendment Bill 2011 (Paper 1656).

            On the motion of the Member for Greatorex (Mr Conlan) debate was adjourned.

        8. ALTERATION TO ORDER OF BUSINESS:
            The Leader of Government Business (Dr Burns) moved – That intervening business be postponed until after consideration of Government Business, Notices No. 3 relating to the Batchelor Institute of Indigenous Tertiary Education Amendment Bill 2011 (Serial 192).
            Question – put and passed.

        9. BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION AMENDMENT BILL 2011 (Serial 192):
            The Minister for Education and Training (Dr Burns), pursuant to notice, presented a Bill for an Act to amend the Batchelor Institute of Indigenous Tertiary Education Act and the Education (College and School Councils) Regulations.
            Bill read a first time.
            Dr Burns moved – That the Bill be now read a second time.
            Debate ensued.
            Paper tabled: Dr Burns laid on the Table the following Paper –
        Explanatory Statement, Batchelor Institute of Indigenous Tertiary Education Amendment Bill 2011 (Paper 1657).

            On the motion of the Member for Brennan (Mr Chandler) debate was adjourned.

        10. CARAVAN PARKS BILL 2011 (Serial 190):
            The Minister for Justice and Attorney-General (Mr Knight), pursuant to notice, presented a Bill for an Act about caravan parks in the Territory, and for related purposes.
            Bill read a first time.
            Mr Knight moved – That the Bill be now read a second time.
            Debate ensued.
            Paper tabled: Mr Knight laid on the Table the following Paper –
        Explanatory Statement, Caravan Parks Bill 2011 (Paper 1658).

            On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.

        11. VISITORS:
            The Acting Speaker (Ms Walker) advised Members of the presence in the public gallery of Kormilda College Year 9 students accompanied by Mr Faraone.

            On behalf of all Members the Acting Speaker (Ms Walker) extended a warm welcome to the visitors.
        12. WORK HEALTH ADMINISTRATION BILL 2011 (Serial 184); WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2011 (Serial 185); AND WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) BILL 2011 (Serial 186):
            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.
            Extension of time: On the motion of the Member for Katherine (Westra van Holthe) the Member for Port Darwin (Mr Elferink) was granted an extension of time, pursuant to Standing Order 77.

            Debate continued.
            Debate suspended.
        ___________________
            Suspension of sittings: The sittings of the Assembly were suspended between 12Noon and 2pm.
        ___________________

        13. NOTICES:
            Mr Wood: To move – That, the government review the future development of the One Mile Dam, Knuckey Lagoon and 15 Mile Communities, and
                    That the review include –

                    (a) future expansion plans;
                    (b) existing and future land leasing arrangements;
                    (c) home ownership; and
                    (d) local government.

                    The review should include views of residents, Aboriginal Development Foundation, relevant housing bodies and all other relevant government agencies and non-government organisations.

            Mrs Lambley: To move – That, the Minister for Child Protection be called upon to appoint the Children’s Commissioner to monitor the implementation of the semi-urgent and important, but not urgent recommendations of the Growing them Strong Together, Report.
        14. QUESTIONS:
            2.02pm Mr Mills to Mr Henderson.
            2.03pm Ms Scrymgour to Mr Henderson.
            2.06pm Mr Mills to Mr Henderson.
            2.08pm Mr Gunner to Mr Vatskalis.
            2.10pm Mr Styles to Dr Burns.
            2.14pm Mr Wood to Mr G McCarthy.
            2.17pm Ms Scrymgour to Dr Burns.
            2.21pm Mr Tollner to Ms Lawrie.
            2.24pm Mr Gunner to Dr Burns.
            2.28pm Mr Wood to Mr G McCarthy.
            2.32pm Mr Westra van Holthe to Ms M McCarthy.
            2.36pm Ms Scrymgour to Ms Lawrie.
            2.39pm Mr Westra van Holthe to Ms M McCarthy.
            2.43pm Mr Gunner to Mr Vatskalis.
            2.46pm Mr Westra van Holthe to Ms M McCarthy.
            2.51pm Mr Westra van Holthe to Ms M McCarthy supplementary.
            2.52pm Ms Scrymgour to Mr Knight.
            2.57pm Mr Wood to Dr Burns.
            2.58pm Mr Conlan to Mr Elferink.

            Gag: The Member for Arafura (Ms Scrymgour) moved – That the Member for Port Darwin (Mr Elferink) be no longer heard.
            Question – put and negatived.

            And time having expired to answer the question -
            The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
        15. WORK HEALTH ADMINISTRATION BILL 2011 (Serial 184); WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION BILL 2011 (Serial 185); AND WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) BILL 2011 (Serial 186):
            The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bill be now read a second time –
            Debate resumed.
            Question – put and passed.
            Bill read a second time.
            The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
            _________________

            In Committee

            (The Deputy Speaker and Chair of Committees (Ms Walker) in the Chair)


            Work Health Administration Bill 2011 (Serial 184):

            Bill, by leave, taken as a whole and agreed to.
            Bill to be reported without amendment.

            Work Health and Safety (National Uniform Legislation) Implementation Bill 2011 (Serial 185):

            Clauses 1 to 32, by leave taken together and agreed to.
            New Clause 32A
            On the motion of the Minister for Justice and Attorney-General (Mr Knight) the following new clause 32A was inserted in the Bill, after debate -
                  32A Continuation of repealed Act
                        (1) While this section remains in force:
                              (a) the Work Health and Safety (National Uniform Legislation) Act does not apply in relation to mining operations; and

                              (b) the Workplace Health and Safety Act continues to have effect in relation to mining operations as if that Act had not been repealed.
                              Note for subsection (1)
                              Section 33(3) provides for the expiry of this section.
                        (2) In this section:
                          mining operations means any of the following:

                          (a) exploration for minerals;

                          (b) mining;

                          (c) processing of minerals, tailings, spoil heaps or waste dumps;

                          (d) decommissioning or rehabilitation of land, plant or structures used in carrying out an activity mentioned in paragraphs (a) to (c);

                          (e) operations incidental or related to an activity mentioned in paragraphs (a) to (d), including:

                              (i) the removal, handling, transport and storage of minerals, substances, contaminants and waste; and
                              (ii) the construction, operation, maintenance and removal of plant and structures;

                          (f) operations for the care and maintenance of land, plant and structures used in carrying out an activity mentioned in paragraphs (a) to (e) during a suspension of the activity.

              Clause 33 read.
              On the motion of Mr Knight the following c amendment was agreed to, after debate -
                  Clause 33(2)

                  omit, insert

                  (2) Section 32 and each regulation made under that section expire 2 years after the commencement of this section.

                  (3) Section 32A expires on the expiry date declared under subsection (5).

                  (4) Part 1 and this section expire on the later of the expiration of section 32 or the expiration of section 32A.

                  (5) The Administrator may, by Gazette notice, declare an expiry date for subsection (3) if satisfied that the continued operation of section 32A is no longer required.


              Clause 33, as amended, agreed to.
              Remainder of the Bill, by leave, taken as a whole and agreed to.
              Bill to be reported with amendments.


              Work Health and Safety (National Uniform Legislation) Bill 2011 (Serial 186):

              Bill, by leave, taken as a whole and agreed to, after debate.
              Bill to be reported without amendment.
              _________________

              The Assembly resumed; the Acting Deputy Speaker (Mr Gunner) took the Chair; and the Acting Speaker and Chair of Committees (Ms Walker) reported that the Committee had agreed to the –
          Work Health Administration Bill 2011 (Serial 184), without amendment;
          Work Health and Safety (National Uniform Legislation) Implementation Bill 2011 (Serial 185), with amendments; and
          Work Health and Safety (National Uniform Legislation) Bill 2011 (Serial 186), without amendment.

              Reports adopted.
              On the motion of the Minister for Justice and Attorney-General (Mr Knight) the Bills were read a third time and passed to be proposed laws, after debate.

          16. STATUTE LAW (MISCELLANEOUS) PROVISIONS) BILL 2011 (Serial 183):
              The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
              Debate resumed.
              Question – put and passed.
              Bill read a second time.
              Leave granted for a motion for the third reading of the Bill to be moved forthwith.
              On the motion of the chief Minister (Mr Henderson) the Bill was read a third time and passed to be a proposed law.
          17. AUDITOR-GENERAL'S OCTOBER 2011 REPORT TO THE LEGISLATIVE ASSEMBLY – REPORT NOTED:
              The Order of the Day having been read for the resumption of the debate on the question – That the Assembly take note of the Report –
              Debate resumed.
              Question – put and passed.

          18. ALTERATION TO ORDER OF BUSINESS:
              The Leader of Government Business (Dr Burns) moved – That Government Business, Order of the Day No. 4, relating to the motion to the Statement, Supporting Territorians, be postponed until a later hour.
              Question – put and passed.
          19. TREASURER'S ANNUAL FINANCIAL REPORT 2010/2011 – REPORT NOTED:
              The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
              Debate resumed.
              Extension of time: On the motion of the Member for Barkly (Mr McCarthy) the Member for Karama (Ms Lawrie) was granted an extension of time, pursuant to Standing Order 77.

              Debate continued.
              Question – put and passed.

          20. TREASURER'S MID-YEAR REPORT 2011/2012 - PAPER TABLED - MOTION TO NOTE REPORT:
              The Treasurer (Ms Lawrie) laid on the table the Treasurer's Mid-Year Report 2011/2012 (Paper 1666).
              Ms Lawrie made a statement relating thereto.
              Ms Lawrie moved - That the Assembly take note of the Report.
              Debate ensued.
              Leave granted to Mr Elferink to continue his remarks at a later hour.
              Debate adjourned.

          21. GOVERNMENT RESPONSE TO FINAL REPORT OF THE ANIMAL WELFARE GOVERNANCE SUB-COMMITTEE OF THE COUNCIL OF TERRITORY CO-OPERATION – PAPER TABLED – REPORT NOTED:
              Paper tabled: The Minister for Local Government (Ms McCarthy) laid on the Table the Northern Territory Government Response to the Final Report of the Animal Welfare Governance Sub-Committee of the Council of Territory Co-operation (Paper 1667).
              Ms McCarthy made a statement relating thereto.
              Ms McCarthy moved – That the Assembly take note of the Report.
              Question – put and passed.

          22. ADJOURNMENT:
              The Leader of Government Business (Dr Burns) moved - That the Assembly do now adjourn.
              Debate ensued.
              Paper tabled: Mr Henderson laid on the Table the following Paper –
          Poor Old Henry Gray (Paper 1668).

              Debate continued.
              Question - put and passed.
              And the Assembly adjourned at 9.14pm, until Tuesday 14 February 2011 at 10am or such other time and/or date as may be notified to each Member by the Speaker in writing, pursuant to Sessional Orders.
              ________________

              PAPERS:
              The following Papers were deemed to have been presented on 1 December 2011 –
              Annual Reports
              Land Development Corporation, 2010/2011 (Paper 1660)
              Northern Territory Architects Board, 2010/2011 (Paper 1662)
              Northern Territory of Australia Aboriginal Areas Protection Authority, 2010/2011 (Paper 1659)
              Northern Territory Plumbers and Drainers Licensing Board, for the year ended 30 September 2011 (Paper 1663)
              Northern Territory Police - Annual Reporting Child Protection (Offender Reporting and Registration) Act 2004, 2010/2011 (Paper 1664)
              NT Build, 2010/2011 (Paper 1661)

              Corrigendum
              Department of Justice, Report to the Minister for Racing, Gaming and Licensing, 2009/2010 (Refer to Paper 1262 tabled on 31/03/2011)(Paper 1665)

              Reports
              Northern Territory Government 2008 Election Commitments – Progress Report, November 2011 (Paper 1666)
          _________________
              ATTENDANCE:
              All Members attended the sittings except Mrs Aagaard, on leave.



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