Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2011-02-15

    1. MEETING:
        The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 2 December 2010. The Speaker, the Honourable J. L. Aagaard, took the Chair.

    2. PRAYERS.

    3. MESSAGE FROM THE ADMINISTRATOR:
        The Speaker laid on the Table the following Message from the Administrator –
        Message No. 23
    Assent to Proposed Laws
        I, Thomas Ian Pauling, AO QC 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:
        8 December 2010
        Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010 (Act No.41 of 2010)

        13 December 2010
        Superannuation Legislation Amendment Act 2010 (Act No. 42 of 2010)
        Child Protection (Offender Reporting and Registration) Legislation Amendment Act 2010 (Act No. 43 of 2010)
        Environmental Offences and Penalties Amendment Act (No. 2) 2010 (Act No. 44 of 2010)
        Telecommunications (Interception) Northern Territory Amendment Act 2010 (Act No. 45 of 2010)
        Human Tissue Transplant Amendment Act 2010 (Act No. 46 of 2010)
        Domestic and Family Violence Amendment Act 2010 (Act No. 47 of 2010)
        Water Amendment Act 2010 (Act No. 48 of 2010)
        Fire and Emergency Amendment Act 2010 (Act No. 49 of 2010)
          Dated 1 February 2011.

          Thomas Ian Pauling, AO QC
          Administrator (Paper 1169)

      4. VISITORS:
          The Speaker advised Members of the presence in the public gallery of –
      Palmerston Senior College, Year 11 students Legal Studies Class, accompanied by Mrs Taryn Wilson;
      St Pauls Catholic Primary School, Year 5/6 students accompanied by Ms Phillipa Pond, Ms Jenny Cotter; and
      Nemarluk School students accompanied by Ms Philippa Jones, and Ms Fiona Wheatley.
          On behalf of all Members the Speaker extended a warm welcome to the visitors.
      5. PETITIONS:
          Responses: The Clerk, pursuant to Standing Order 100A, tabled responses to Petition Nos. 45, 46 and 47 relating to respectively: Tiger Brennan Drive extension – Access for cyclists; Marjorie Street – Stop closure of left turn; and Cycle/Walk Paths in the Rural Area (Paper 1170).

      6. QUEENSLAND FLOODS AND CYCLONE YASI – MOTION AGREED TO:
          The Chief Minister (Mr Henderson), by leave, moved - That the Assembly:

          (a) acknowledges with great sadness the devastation that occasioned this summer by two of the worst natural disasters Queensland has ever experienced including unprecedented floods and Tropical Cyclone Yasi;

          (b) extends its deepest sympathies to the families of those who have lost loved ones; and to affected communities and acknowledges the enormous efforts of the Australian Defence Force, emergency workers, and many volunteers in responding to these disasters; and

          (c) pledges the full support of this Parliament and the Northern Territory community to assist affected areas to recover and rebuild.

          The Chief Minister (Mr Henderson) thereupon addressed the motion.
          Paper tabled: Mr Henderson laid on the Table the following Paper –
      From City to Reef, Queensland’s response to disaster (Paper 1171).

          The Leader of the Opposition (Mr Mills) addressed the motion.
          Debate ensued.
          Question – put and passed.

          As a mark of respect Members stood in their places for one minute, in silence.
      ___________________
          Suspension of sittings: The sittings of the Assembly were suspended between 12 Noon and 2pm.
      ___________________

      7. NOTICES;
          The following Notices were given;
          Ms Lawrie: To present the Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Bill 2011 (Serial 149).

          Mr Wood: To move - That, the Northern Territory government consider changes to the Building Code which would allow people on rural blocks to legally live in a shed under certain conditions.

          Mr Elferink: To move – That the Member for Fong Lim (Mr Tollner) be discharged from the Public Accounts Committee and that the Member for Katherine (Mr Westra van Holthe) be appointed in his stead.

          Mr Elferink: To present the Sentencing Amendment (Victim Protection Orders) Bill 2011 (Serial 145).

          Mr Vatskalis: To present the Care and Protection of Children (Children’s Commissioner) Amendment Bill 2011 (Serial 147).

          Dr Burns: To present the Public Sector Employment and Management Amendment Bill 2011 (Serial 146).

          Statement by Speaker: The Speaker advised Members of the impending Cyclone Carlos rain front and would further advise Members accordingly as events developed.
      8. QUESTIONS:
          2.02pm Mr Mills to Mr Henderson and supplementary by Mr Mills.
          2.04pm Mr Mills to Mr Henderson supplementary.

          Distinguished visitor: The Speaker advised Members of the presence in the public gallery of Ms Natasha Griggs MHR, Member for Solomon for the Northern Territory.
          On behalf of all Members the Speaker extended a warm welcome to the distinguished visitor.

          2.06pm Ms Scrymgour to Mr Henderson.
          2.09pm Mr Mills to Mr Henderson.
          2.13pm Ms Walker to Ms Lawrie.
          2.15pm Mr Mills to Mr Henderson.
          2.18pm Mr Wood to Mr McCarthy.
          2.22pm Mr Gunner to Ms Lawrie.
          Papers tabled: Ms Lawrie laid on the Table the following Paper –
      Email, Sue Fraser to Mr Tollner re loyalty of Mr Tollner to CLP Party (Paper 1185).

          2.25pm Mr Mills to Mr Henderson.
          2.30pm Mr Gunner to Mr Henderson.
          2.32pm Ms Anderson to Mr Hampton.
          2.36pm Mr Wood to Ms McCarthy.
          2.39pm Mr Conlan to Mr Henderson.
          2.43pm Ms Scrymgour to Mr Vatskalis.
          2.46pm Mr Giles to Mr Henderson.
          2.50pm Ms Walker to Dr Burns.
          2.54pm Mr Conlan to Mr Henderson.

          Suspension of Standing Orders: And the Member for Greatorex (Mr Conlan) moved – That so much of Standing Orders be suspended as would prevent him censuring the Northern Territory government and all its Ministers for lack of law and order in Alice Springs.

          The Leader of Government (Dr Burns) informed the Assembly that the government accepted the motion as a censure motion, pursuant to Standing Order 95.

          The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
      9. CENSURE OF NORTHERN TERRITORY GOVERNMENT RE LAW AND ORDER IN ALICE SPRINGS – MOTION NEGATIVED:
          The Member for Greatorex (Mr Conlan) moved – That so much of Standing Orders be suspended as would prevent him censuring the Northern Territory government and all its Ministers for:

          (a) its fundamental incapacity to protect Territorians from the criminal element in our community and;

          (b) its consequential failure to protect the whole of the Territory Community from flow on effects of crime in our community.

          Debate ensued.
          Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Wanguri (Mr Henderson) was granted an extension of time, pursuant to Standing Order 77.
          Debate continued.
          _________________
          Pairs:
          The Deputy Speaker (Ms Walker) Tabled a Pair arrangement for today as follows:
      The Member for Wanguri (Mr Henderson) with the Member for Port Darwin (Mr Elferink) for the period 4pm to close of business today, 15 February 2011 (Paper 1186); and
      _________________
          Debate continued.
          Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Braitling (Mr Giles) was granted an extension of time, pursuant to Standing Order 77.
          Debate continued.
          Question - put.
          The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -

          AYES, 10 NOES, 11

          Mr Bohlin Mrs Aagaard
          Mr Chandler Dr Burns
          Mr Conlan Mr Gunner
          Mr Giles Mr Hampton
          Mrs Lambley Mr Knight
          Mr Mills Ms Lawrie
          Ms Purick Ms McCarthy
          Mr Styles Mr McCarthy
          Mr Tollner Ms Scrymgour
          Mr Westra van Holthe Mr Vatskalis
          Ms Walker
          Pair: Mr Henderson and Mr Elferink.

          Motion negatived accordingly.
      10. TRAVEL REPORT BY SPEAKER – REMUNERATION TRIBUNAL DETERMINATION PARAGRAPH 3.15 (INTERSTATE) – PAPER TABLED:
          Paper tabled: The Speaker laid on the Table the following –
          Travel Report by the –
      Member for Nelson (Mr Wood) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Canberra to lobby the Minister for Defence Science and Personnel (Mr Warren Snowden) on Wednesday 24th to Friday 26 November 2010, letter dated 15 December 2010 (Paper 1187); and
      Member for Fannie Bay (Mr Gunner) pursuant to the Remuneration Tribunal Determination Paragraph 3.15 – Interstate Travel to Adelaide to meet with Unity Housing and Southern Cross Care on 10 December 2010, letter dated 24 December 2010 (Paper 1188).

      11. A WORKING FUTURE – STATEMENT NOTED:
          The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Statement –
          Debate resumed.
          Paper tabled: Ms Walker, by leave, laid on the Table the following Paper -
      SIHIP Housing Nhulunbuy, photographs (4) (Paper 1189).

          Debate continued.
          Extension of time: On the motion of the Member for Arafura (Ms Scrymgour) the Member for Nhulunbuy (Ms Walker) was granted an extension of time, pursuant to Standing Order 77.
          Debate continued.
          Question – put and passed.
      12. ADJOURNMENT:
          The Leader of Government Business (Dr Burns) moved – That the Assembly do now adjourn.
          Debate ensued.
          And the Assembly adjourned at 7.10pm until 16 February 2011 at 10am.
          ________________

          PAPERS:
          The following Papers were deemed to have been presented on Tuesday 15 February 2011 -
            Annual Reports
            Cobourg Peninsula Sanctuary and Marine Park Board, 2009/2010 (Paper 1178)
            Nitmiluk National Park Board, year ended 30 June 2010 (Paper 1179)

            Coroners Act
            In the matter of Coroner’s Findings and Recommendation into the death of Gottlieb Rubuntja, pursuant to Section 46B, dated 4 January 2011 (Paper 1180)
            In the matter of Coroner’s Findings and Recommendation into the deaths of Barbara Malthouse, Nigel Inkamala, Daryl Inkamala, Dion Ngalken, Gordon Murray and Antonio Meneri, pursuant to Section 46B, dated 21 January 2011 (Paper 1181)
            In the matter of Coroner’s Findings and Recommendation into the death of Michael Aubrey Campbell, pursuant to Section 46B, dated 4 February 2011 (Paper 1182)
            In the matter of Coroner’s Findings and Recommendation into the death of Victor Jong, pursuant to Section 46B, dated 4 January 2011 (Paper 1183)
            In the matter of Coroner’s Findings and Recommendation into the death of Adam Francis Chandler, pursuant to Section 46B, dated 4 February 2011 (Paper 1184)

            Regulations 2010
            No. 28, Education (Infringement Notice) Regulations (Paper 1172)
            No. 29, Tobacco Control Amendment Regulations (Paper 1173)
            No. 30, Supreme Court Amendment (Authority of Master) Rules (Paper 1174)

            Regulations 2011
            No. 1, Fisheries Amendment Regulations (Paper 1175)
            No. 2, Fisheries Amendment (Timor Reef Fishery) Regulations (Paper 1176)
            No. 3, Barramundi Fishery Management Plan Amendment Regulations (Paper 1177)
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            ATTENDANCE:
            All Members attended the sittings.
            (Note – Proposed sitting days 16 and 17 February 2011 cancelled due to Cyclone Carlos)
      Last updated: 04 Aug 2016