Minutes of Proceedings - 2010-10-19
- 1. MEETING:
- The Assembly met at 10am, pursuant to resolution of the Assembly, dated Thursday 19 August 2010. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. RESIGNATION OF FORMER MEMBER FOR ARALUEN:
- The Speaker reported her receipt of the resignation of the former Member for Araluen, Ms Jodeen Carney and dated 3 September 2010, forwarded by His Honour the Administrator, in accordance with section 18 of the Northern Territory (Self-Government) Act 1978 (Paper 966).
4. DISTINGUISHED VISITORS:
- The Speaker advised Members of the presence in the Speaker’s Gallery –
- On behalf of all Members the Speaker extended a warm welcome to the distinguished visitors.
5. VISITORS:
- The Speaker advised Members of the presence in the public gallery of Taminmin High School, Year 9 students accompanied by Ms Kate Minahan and Jean-Marc Balette.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The Speaker advised Members that, pursuant to Sessional Order, her permission had been granted to ABC-TV and Channel 9 to film, with sound, and NT News to take photographs during the swearing-in of the new Member for Araluen.
7. RETURN TO WRIT – ARALUEN DIVISION:
- The Clerk produced and tabled the Return to Writ. The Writ which was issued by Mr Tom Pauling AO QC, Administrator of the Northern Territory of Australia, for the election of one Member of the Legislative Assembly of the Northern Territory for the Division of Araluen to fill the vacancy caused by the resignation of Ms Jodeen Carney (Paper 968).
By endorsement on the Writ, 13 October 2010, it was certified that Robyn Jane Lambley had been duly elected on 9 October 2010 as a Member of the Legislative Assembly for the Division of Araluen.
8. MEMBER SWORN:
- The Member for Araluen, Robyn Jane Lambley, was admitted to the Chamber, made and subscribed an Oath of Allegiance and of Office and was conducted, by her sponsors Mr Mills and Mr Conlan, to her place in the Chamber (Paper 967).
9. MESSAGE FROM THE ADMINISTRATOR:
- The Speaker laid on the Table the following Message from the Administrator –
Message No. 21
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:
24 August 2010
Youth Justice Amendment Act 2010 (Act No. 26 of 2010)
9 September 2010
Environmental Offences and Penalties Amendment Act 2010 (Act No. 28 of 2010)
Justice Legislation Amendment (Committals Reform) Act 2010 (Act No. 31 of 2010)
Mineral Titles Act 2010 (Act No. 27 of 2010)
Personal Property Securities (National Uniform Legislation) Implementation Act 2010 (Act No. 30 of 2010)
Statute Law Revision Act 2010 (Act No. 29 of 2010)
Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 (Act No. 32 of 2010)
Dated 23 September 2010.
Thomas Ian Pauling, AO QC
Administrator (Paper 965)
10. SHADOW PORTFOLIO RESPONSIBILITIES OF THE OPPOSITION:
- The Member for Port Darwin (Mr Elferink), by leave, advised the Assembly of the following Shadow Responsibilities of the Opposition members and would be effective as of today:
Terry Mills
Police, Fire and Emergency Services
Public and Affordable Housing
Asian Relations
Business and Employment
Kezia Purick
Primary Industry, Fisheries and Resources
Major Projects and Economic Development
Trade
Lands and Planning
Statehood
Women’s Policy
John Elferink
Justice and Attorney General
Corrections Services
Essential Services
Willem Westra van Holthe
Treasurer
Regional Development
Local Government
Tourism
Matt Conlan
Health
Public Employment
Central Australia
Ross Bohlin
Construction
Arts and Museums
Sport and Recreation
Defence Liaison
Peter Chandler
Education and Training
Natural Resources, Environment and Heritage
Climate Change
Parks and Wildlife
Peter Styles
Transport
Young Territorians
Seniors
Multi-Cultural Affairs
Racing, Gaming and Licensing
Alcohol Policy
Adam Giles
Indigenous Development
Information, Communication and Technology Policy
Robyn Lambley
Child Protection
Children and Families
11. PETITIONS:
- Responses: The Clerk, pursuant to Standing Order 100A, tabled responses to Petition Nos. 36, 38, 39 and 41 relating to respectively; Taminmin College, new library funding – Miner’s Rights System of WA Mining Act – fossickers exploration permits and Heavy Vehicle diversion beside Railway Terrace precinct, Katherine (Paper 969).
12. STATEMENT BY SPEAKER – CONDOLENCES:
- The Speaker advised Members of the recent passing of Mr Mike Miller, Mrs Wilma Ballantyne and Ms Dawn Hunt and made a short statement relating thereto.
13. MEMBER FOR ARALUEN – FIRST SPEECH:
- The Member for Araluen (Mrs Lambley) sought and was granted leave to make her First Speech, no longer than 10 minutes, forthwith.
The Member for Araluen (Mrs Lambley) thereupon made her First Speech.
14. CHILD PROTECTION INQUIRY – REPORT TABLED – MOTION TO NOTE REPORT:
- The Chief Minister (Mr Henderson), was granted leave to –
- (a) Table the “Growing them strong, together” report of the Board of Inquiry into the Child Protection System in the Northern Territory, forthwith - ; and
(b) subsequently move a motion to note the report and tabling statement.
Mr Henderson thereupon laid on the Table the Growing them strong, together Report of the Board of Inquiry into the Child Protection System in the Northern Territory, Volume I (Paper 971) and Volume II (Paper 972).
Mr Henderson made a tabling statement relating thereto.
Mr Henderson moved – That the Assembly take note of the Report and Statement.
Debate ensued.
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Visitors: The Deputy Speaker (Ms Walker) advised Members of the presence in the public galleries of Malak Primary School, Year 5/6 accompanied by Mrs Lorraine Kingham.
On behalf of all Members the Deputy Speaker (Ms Walker) extended a warm welcome to the visitors.
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Debate continued.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 12Noon and 2pm.
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- The following Notices were given:
Mr Henderson: To move - That this Assembly -
(a) clearly states its support for all Australian Defence Force personnel serving overseas including those in Afghanistan and Iraq seeking to bring peace and stability to those countries; and
(b) expresses its support for partners and families based in the Northern Territory who have ADF personnel posted from 1st Brigade and other Northern Territory based commands to Afghanistan and other overseas areas of conflict.
Mr Elferink: To move – That so much of Standing Orders be suspended as would prevent the Criminal Code Amendment (Penalties for Certain Assaults) Bill 2010 (Serial 113) previously in the name of Ms Carney –
- (a) be restored to the notice paper in my name; and
(b) the Bill be proceeded with at the stage it had previously reached.
Mr Elferink: To move – That,
- (a) Subordinate Legislation No. 15 of 2010, relating to the Darwin Waterfront By-laws, be disallowed; and
(b) on the debate being adjourned consideration be postponed until the last sitting day of March 2011.
Mr Wood: To move - That, a peppercorn rental agreement be negotiated for Northern Territory government facilities on Aboriginal Land where a lease is required for such facilities.
Mr Giles: To move - That, the government be condemned for its approach to servicing the needs of Central Australia particularly in light of the Araluen By-election.
Mr Giles: To move - That the Northern Territory Parliament:
- (a) condemns the federal Government for the slaughter of thousands of camels across the Territory;
(b) writes to the Federal Agriculture and Indigenous Affairs Minister pleading that they utilise the remaining $19m to develop a viable camel industry;
(c) promote the utilisation of those remaining funds to be used to build the necessary infrastructure to assist shore up supply of camels for an industry;
(d) seeks a redirection of funds towards the expansion of abattoir facilities at Wamboden as a public private partnership or direct grant to support industry development;
(e) identifies future alternate sites for a multi-species abattoir that has access to transport, water and power with particular attention focused on Owen Springs as a possible alternative; and
(f) seeks to enlist the support of Australian Government trade agencies to develop a demand market for camel with particular interest throughout the middle east.
Ms Lawrie: To present the Domestic and Family Violence Amendment Bill 2010 (Serial 128).
Ms Lawrie: To present the Superannuation Legislation Amendment Bill 2010 (Serial 125).
Ms Purick: To move – That, the Northern Territory government establish and independent and adequately resourced Small Business Ombudsman to provide a voice for small business from within Government.
Mr Styles: To move - That this Assembly call on the Northern Territory Government to address the issue of alcohol demand through rehabilitation and education of habitual drinkers and not through a system that penalises the wider community as a consequence of their policy actions.
Mr Styles: To move - That this Assembly calls on the Northern Territory Government to be honest, accountable and transparent in their plans to introduce a scheme for registration of recreational water craft in all Northern Territory waters.
- 2.05pm Mr Mills to Mr Henderson.
2.09pm Mr Gunner to Mr Vatskalis.
2.12pm Mr Mills to Mr Henderson.
2.16pm Ms Scrymgour to Mr Henderson.
2.20pm Mr Mills to Mr Henderson.
2.23pm Mr Wood to Mr Vatskalis.
2.25pm Ms Walker to Mr Vatskalis.
2.27pm Mr Mills to Mr Henderson.
2.29pm Mr Gunner to Ms Lawrie.
2.32pm Mr Wood to Mr Vatskalis.
2.33pm Mr Mills to Mr Henderson and referred to Mr Vatskalis.
2.36pm Ms Scrymgour to Mr McCarthy.
2.39pm Mr Mills to Mr Henderson.
2.43pm Ms Anderson to Mr Vatskalis.
2.44pm Ms Walker to Dr Burns.
2.48pm Mr Mills to Mr Henderson.
2.52pm Mr Mills to Mr Henderson, Supplementary.
2.53pm Mr Gunner to Mr Hampton.
2.56pm Mr Mills to Mr Henderson.
2.58pm Ms Scrymgour to Dr Burns.
The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
17. CHILD PROTECTION INQUIRY – REPORT TABLED – MOTION TO NOTE REPORT:
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the motion – That the Assembly take note of the “Growing them strong, together” Report of the Board of Inquiry into the Child Protection System in the Northern Territory and Statement made by the Chief Minister –
Debate resumed.
Extension of time: On the motion of the Leader of Government Business (Dr Burns) the Member for Karama (Ms Lawrie) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
Extension of time: On the motion of the Member for Port Darwin (Mr Elferink) the Member for Johnston (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.
Debate continued.
On the motion of the Leader of Government Business (Dr Burns) debate was adjourned.
- 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.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee (Deputy Speaker and Chair of Committees – Ms Walker in the Chair)
Clauses 1 to 12, by leave, taken together and agreed to.
New Clause 12A.
Debate ensued.
The Member for Port Darwin (Mr Elferink), by leave, withdrew the circulated amendments.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Assembly resumed; the Speaker (Mrs Aagaard) took the Chair; the Chair of Committees and Deputy Speaker (Ms Walker) reported that the Committee had agreed to the Bill, without amendment.
Report adopted.
On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) the Bill was read a third time and passed to be a proposed law.
19. TRAVEL REPORT BY SPEAKER – REMUNERATION TRIBUNAL DETERMINATION PARAGRAPH 3.15 (INTERSTATE) – PAPERS TABLED:
- Papers tabled: The Speaker laid on the Table the following –
20. AUDITOR-GENERAL'S OCTOBER 2010 REPORT TO THE LEGISLATIVE ASSEMBLY - PAPER TABLED - MOTION TO NOTE REPORT:
- The Speaker laid on the Table the Auditor-General's October 2010 Report to The Legislative Assembly (Paper 993).
Mr Henderson made a statement relating thereto.
Mr Henderson moved – That the Report be printed.
Question – put and passed.
Mr Henderson moved – That the Assembly take note of the Paper.
On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
21. REMUNERATION TRIBUNAL REPORT ON THE ENTITLEMENTS OF ASSEMBLY MEMBERS AND DETERMINATION No. 1 of 2010 – PAPER TABLED - MOTION TO NOTE REPORT:
- The Chief Minister (Mr Henderson) laid on the Table the Remuneration Tribunal Report on the Entitlements of Assembly Members and Determination No. 1 of 2010 (Paper 994).
Mr Henderson made a statement relating thereto.
Mr Henderson moved – That the Assembly take note of the Paper.
On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
22. DEFINITE MATTER OF PUBLIC IMPORTANCE – SUPPORTED ACCOMMODATION, MANTON STREET:
- The Speaker advised the Assembly the Member for Port Darwin (Mr Elferink) had proposed the following Definite Matter of Public Importance for discussion this day:
- The development of supported accommodation at 3 Manton Street and the inappropriateness of the application when compared to inconsistent public statements by the Chief Minister.
The proposed discussion having been received the necessary support –
The Member for Port Darwin (Mr Elferink) thereupon addressed the Assembly.
Discussion ensued.
Discussion concluded.
23. ADJOURNMENT:
- The Treasurer (Ms Lawrie) moved – That the Assembly do now adjourn.
Debate ensued.
And the Assembly adjourned at 7.02pm until Wednesday 20 October 2010 at 10am.
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PAPERS:
The following Papers were deemed to have been presented on Tuesday 19 October 2010 –
Annual Reports
Auditor-General’s Office Financial Report, 2009/2010 (Paper 992)
Child Protection (Reporting and Registration) Act 2004, 2009/2010 (Paper 980)
Community Benefit Fund, 2009/2010 (Paper 974)
Department of Chief Minister, 2009/2010 (Paper 973)
Department of Education and Training, 2009/2010 (Paper 975)
Lands, Planning and Mining Tribunal, 2009/2010 (Paper 976)
Professional Standards Councils, 2009/2010 (Paper 977)
Workers Rehabilitation and Compensation Advisory Council, 2009/2010 (Paper 979)
Workplace Health and Safety Advisory Council, 2009/2010 (Paper 978)
By-laws 2010
Charles Darwin University (Academic Board) (Paper 981)
Coroners Act
In the matter of Coroner’s Findings and Recommendations into the death of Briony Anne Goodsell, pursuant to section 46B, dated 30 August 2010 (Paper 982)
In the matter of Coroner’s Findings and Recommendations into the death of Karlee Jade McCullough, pursuant to section 46B, dated 5 October 2010 (Paper 983)
Professional Standards Act 2004 NT
Australian Property Institute Valuers Limited Scheme 1994 (NSW) (Paper 984)
New South Wales Bar Association Professional Standard Scheme 1994 (NSW) (Paper 985)
The Victorian Bar Inc Professional Standards Scheme 2003 (Vic) (Paper 986)
Regulations 2010
No. 19, Care and Protection of Children (Placement Arrangement) (Paper 987)
No. 20, Care and Protection Children (Screening) (Paper 988)
No. 21, Commercial Passenger Amendment (Security Cameras) (Paper 989)
Rules 2010
No. 42, Supreme Court Amendment (Service Outside Australia) (Paper 990)
Remuneration Tribunal Report
Remuneration Tribunal Report on the Entitlements of Magistrates and Determination No. 1 of 2010 (Paper 991)
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- ATTENDANCE:
Last updated: 04 Aug 2016