Minutes of Proceedings - 1998-08-12
Eighth Assembly First Session 11/08/1998 Parliamentary Record No. 8
__________________________________________________________________________________
Date : 12/08/1998__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. ABSENCE OF THE CHIEF MINISTER:
4. NOTICES:
Legal Aid Amendment Bill 1998 (Serial 79).
Lands Acquisition Amendment Bill (No. 2) 1998 (Serial 83).
Lands and Mining Tribunal Bill 1998 (Serial 84).
Mining Amendment Bill 1998 (Serial 85).
Petroleum Amendment Bill 1998 (Serial 86).
Petroleum (Submerged Lands) Amendment Bill 1998 (Serial 87).
Validation of Titles and Actions Amendment Bill 1998 (Serial 88).
Energy Pipelines Amendment Bill 1998 (Serial 89).
5. QUESTIONS:
Letter, Elaine Tarleton, Northern Sydney Area Health Service to Dr M. Stanford, Deputy Director of Medical Services, Royal North Shore Hospital, dated 27 October 1988 (Paper 531).
Public Sector Employment and Management Amendment Bill 1998 (Serial 69);
Statehood for the Northern Territory – Statement;
Statehood Convention Report, Volumes 1 and 2 – Report; and
Five cognate Bills relating to superannuation,
be postponed until a later hour.
9. LOCAL COURT AMENDMENT BILL 1998 (Serial 77) and JUSTICES AMENDMENT BILL 1998 (Serial 78):
9. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 1998 (Serial 71):
10. WORK HEALTH AMENDMENT BILL 1998 (Serial 67):
11. LEGISLATIVE ASSEMBLY (SECURITY) BILL 1998 (Serial 72):
12. WATER AMENDMENT BILL 1998 (Serial 55):
13. REPORT ON THE FIRST FIVE YEARS OF THE OPERATION OF THE PROSTITUTION REGULATION ACT – REPORT NOTED:
14. PUBLIC ACCOUNTS COMMITTEE ANNUAL REPORT FOR THE YEAR ENDED 30 JUNE 1997, REPORT No 31, DATED FEBRUARY 1998 – REPORT NOTED:
15. CRIMES VICTIMS ADVISORY COMMITTEE ON CRIME VICTIMS ASSISTANCE, REPORT:
16. CALLING ON POSTPONED BUSINESS ITEM – REFERENDUMS BILL 1998 (Serial 74):
17. REFERENDUMS BILL 1998 (Serial 74):
AYES, 7 NOES, 15
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
18. ADJOURNMENT:
Letter, Dave McHugh, A/Secretary, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing, dated 6 October 1997 (Paper 535);
Letter, John Baskerville, Regional Director South, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing,
dated 21 November 1997 (Paper 536);
Letter, Paul Glynn, Centre Plumbing, to Mr John Baskerville, Regional Director South, Department of Transport and Works, dated 8 December 1997 (Paper 544);
Letter, John Baskerville, Regional Director South, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing,
dated 18 December 1997 (Paper 537);
Letter, J L Baskerville, Regional Director South, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing, dated 2 July 1998
` (Paper 538);
Facsimile message, Bernard Ambrose, Regional Manager Construction, Department of Transport and Works, to Mr Paul Glynn,
dated 16 July 1998 (Paper 539);
Facsimile message, Connie Fleming, Department of Transport and Works, to Paul Way, Centre Plumbing, dated 23 July 1998 (Paper 540);
Letter, Peter Hoey, Office of the Ombudsman for the Northern Territory, to Mr Tony Karacic, dated 27 July 1998 (Paper 545);
Letter, Hon Barry Coulter MLA, Minister for Transport and Infrastructure Development, to Mr Paul Glynn, Centre Plumbing, dated 27 July 1998
(Paper 541);
Letter, Paul Glynn, Centre Plumbing, to Mr Peter Toyne MLA, dated 11 August 1998 (Paper 543);
Letter, J L Baskerville, Regional Director South, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing, dated 11 August 1998 (Paper 542); and
Contract ASM 8/92 – Fixed Schedule of Rates – General Repairs – Occupied Dwellings, 1-1-93 to 31-12-93, Sunway Pty Ltd (Paper 547).
__________________________________________________________________________________
Date : 12/08/1998
1. MEETING:
- The Assembly met at 10:00 h. The Speaker, the Honourable L M Braham, took the Chair.
2. PRAYERS.
3. ABSENCE OF THE CHIEF MINISTER:
- The Leader of Government Business (Mr Coulter) moved – That leave of absence be granted to the Chief Minister (Mr Stone) from this morning’s proceedings due to official Government business interstate.
Question – put and passed.
4. NOTICES:
- The following notices were given:
- Mr Coulter, on behalf of and at the request of, Mr Stone:
- To present the -
Legal Aid Amendment Bill 1998 (Serial 79).
Lands Acquisition Amendment Bill (No. 2) 1998 (Serial 83).
Lands and Mining Tribunal Bill 1998 (Serial 84).
Mining Amendment Bill 1998 (Serial 85).
Petroleum Amendment Bill 1998 (Serial 86).
Petroleum (Submerged Lands) Amendment Bill 1998 (Serial 87).
Validation of Titles and Actions Amendment Bill 1998 (Serial 88).
Energy Pipelines Amendment Bill 1998 (Serial 89).
- Mr Burke: To present the Mental Health and Related Services Bill 1998 (Serial 80).
5. QUESTIONS:
- 10:04 Mrs Hickey to Mr Reed.
10:10 Mr Balch to Mr Reed.
10:15 Mr Bailey to Mr Reed.
10:20 Mr Elferink to Mr Reed.
10:25 Ms Martin to Mr Reed.
10:30 Dr Lim to Mr Palmer.
10:36 Mr Ah Kit to Mr Reed.
10:41 Mr McCarthy to Mr Coulter.
10:47 Mr Rioli to Mr Burke.
Papers tabled: The Member for Arafura (Mr Rioli), by leave, laid on the Table the following Papers –
Letter, Elaine Tarleton, Northern Sydney Area Health Service to Dr M. Stanford, Deputy Director of Medical Services, Royal North Shore Hospital, dated 27 October 1988 (Paper 531).
10:54 Mr Lugg to Mr Coulter.
10:57 Mr Toyne to Mr Adamson.
- The Minister for Lands, Planning and the Environment (Mr Palmer) made a statement on population growth prospects of the Darwin Region (Paper 532).
Paper tabled: Mr Palmer laid on the Table the following Paper -
- Mr Palmer moved - That the Assembly take note of the Statement.
Debate ensued.
_______________________
Suspension of sittings: The sittings of the Assembly was suspended between 12:10 h and 14:14 h._______________________
Debate continued.
Question - put and passed.
- The Minister for Asian Relations, Trade and Industry (Mr Manzie) made a statement relating to the conduct and outcomes of the Northern Territory Expo ’98 (Paper 534).
Mr Manzie moved – That Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
- The Leader of Government Business (Mr Coulter) moved – That Government Business, Orders of the day, Nos 1, 5 to 7 and 9 relating to debate on the -
Public Sector Employment and Management Amendment Bill 1998 (Serial 69);
Statehood for the Northern Territory – Statement;
Statehood Convention Report, Volumes 1 and 2 – Report; and
Five cognate Bills relating to superannuation,
be postponed until a later hour.
- Question put and passed.
9. LOCAL COURT AMENDMENT BILL 1998 (Serial 77) and JUSTICES AMENDMENT BILL 1998 (Serial 78):
- Suspension of Standing Orders - Take two Bills together:
The Leader of Government Business (Mr Coulter) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Local Court Amendment Bill 1998 (Serial 77) and the Justices Amendment Bill 1998 (Serial 78) -
- (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.
- Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
- Mr Coulter, at the request of and on behalf of the Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Local Court Act; and a Bill for an Act to amend the Justices Act.
Mr Coulter moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
9. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 1998 (Serial 71):
- The Order of the Day having been read for resumption of debate on the motion - That the Bill be now read a second time –
Debate ensued.
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 for the Minister for Correctional Services (Mr Poole) the Bill was read a third time and passed to be a proposed law.
10. WORK HEALTH AMENDMENT BILL 1998 (Serial 67):
- The Order of the Day having been read for resumption of debate on the motion - That the Bill be now read a second time –
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Mitchell)
In the Committee
(Chairman - Mr Mitchell)
- Clauses 1 to 3, by leave, taken together and agreed to.
On the motion of the Minister for Work Health (Mr Burke) the following amendment was agreed to, after debate -
- '3A. LONG TITLE
- 'The long title of the Principal Act is amended by omitting "industrial" (wherever occurring) and substituting "workplace".'.
- Clause 4 agreed to.
Clause 5 agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
____________________
The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Mitchell) reported accordingly; and the report was adopted.
On the motion of the Minister for Work Health (Mr Burke) the Bill was read a third time and passed to be a proposed law.
11. LEGISLATIVE ASSEMBLY (SECURITY) BILL 1998 (Serial 72):
- The Order of the Day having been read for resumption of debate on the motion - That the Bill be now read a second time -
Debate ensued.
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.
The Leader of Government Business (Mr Coulter) moved - That the Bill be now read a third time.
Debate ensued.
Question – put and passed.
The Bill was read a third time and passed to be a proposed law.
12. WATER AMENDMENT BILL 1998 (Serial 55):
- The Order of the Day having been read for resumption of debate on the motion - That the Bill be now read a second time -
Debate ensued.
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 Minister for Planning and the Environment (Mr Palmer) the Bill was read a third time and passed to be a proposed law.
13. REPORT ON THE FIRST FIVE YEARS OF THE OPERATION OF THE PROSTITUTION REGULATION ACT – REPORT NOTED:
- The Order of the Day having been read for resumption of debate on the motion - That the Assembly take note of the Report -
Debate ensued.
Question put and passed.
14. PUBLIC ACCOUNTS COMMITTEE ANNUAL REPORT FOR THE YEAR ENDED 30 JUNE 1997, REPORT No 31, DATED FEBRUARY 1998 – REPORT NOTED:
- The Order of the Day having been read for resumption of debate on the motion - That the Assembly take note of the Report -
Debate ensued.
Question put and passed.
15. CRIMES VICTIMS ADVISORY COMMITTEE ON CRIME VICTIMS ASSISTANCE, REPORT:
- The Order of the Day having been read for resumption of debate on the motion - That the Assembly take note of the report -
Debate ensued.
Question put and passed.
16. CALLING ON POSTPONED BUSINESS ITEM – REFERENDUMS BILL 1998 (Serial 74):
- The Leader of Government Business (Mr Coulter) moved - That Government Business, Order of the Day No 1, relating to the Referendums Bill 1998 (Serial 74), be called on forthwith.
Question put and passed.
17. REFERENDUMS BILL 1998 (Serial 74):
- The Order of the Day having been read for resumption of debate on the question - That the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Mitchell)
In the Committee
(Chairman - Mr Mitchell)
- Clause 1 agreed to.
Clause 2 negatived.
Clauses 3 and 4, by leave, taken together and agreed to.
On the motion of Leader of Government Business (Mr Coulter) the following new clause was inserted in the Bill –
- '4A. MATTERS THAT CAN BE SUBJECT OF REFERENDUM
- '(1) A referendum under this Act can be conducted only for or in relation to a matter specified under section 35 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth.
'(2) Subsection (1) applies only while the executive authority of the Ministers of the Territory is conferred under section 35 of the Northern Territory (Self Government) Act 1978 of the Commonwealth.'.
Clause 8 read and negatived.
On the motion of Mr Coulter the following new clause was inserted in the Bill -
'8. REFERENDUM TO BE CONDUCTED
- 'If the Administrator issues a writ for a referendum, the referendum is to be conducted in accordance with the writ and this Act.'.
Mr Coulter moved – That the following new clause be inserted in the Bill -
- '9A. DISTRIBUTION TO ELECTORS OF ARGUMENTS FOR AND AGAINST QUESTION
- '(1) If the Legislative Assembly resolves to submit a question to electors that relates to a proposed law passed by the Legislative Assembly —
- (a) the majority of the members of the Legislative Assembly who voted in favour of the proposed law may authorise an argument in favour of the question for distribution to electors; and
- (b) the majority of the members of the Legislative Assembly who voted against the proposed law may authorise an argument against the question for distribution to electors.
- '(2) If the Legislative Assembly resolves to submit a question to electors that does not relate to a proposed law passed by the Legislative Assembly, the Speaker may call for members to nominate whether they are in favour of the question or whether they are not in favour of the question.
- '(3) The majority of the members who nominate that they are in favour of the question may authorise an argument in favour of the question for distribution to electors and the majority of the members who nominate that they are not in favour of the question may authorise an argument against the question for distribution to electors.
'(4) An argument in favour of or against a question is to consist of not more than 2,000 words.
'(5) A copy of an argument authorised under this section is to be given to the Chief Electoral Officer not later than 3 days after the day on which the writ for the referendum is issued.
'(6) The Chief Electoral Officer may require amendments to be made to an argument authorised under this section if he or she is of the opinion that it is grossly misleading or inaccurate.
'(7) If the Chief Electoral Officer receives arguments authorised under this section, he or she must, as soon as practicable after the arguments are received —
- (a) arrange for a pamphlet containing the arguments to be printed; and
(b) as far as is reasonably practicable, ensure that a copy of the pamphlet is posted to each elector.
'(8) If 2 or more referendums are to be conducted on the same polling day, all the arguments authorised under this section that relate to the questions to be submitted to electors are to be printed in one pamphlet.
'(9) The Chief Electoral Officer may arrange for arguments in favour of and against a question (that substantially reflect the arguments authorised for and against the question) —
- (a) to be published by printed advertisement or by electronic means;
(b) to be broadcast by radio or television; or
(c) to be published or broadcast by any other means, and for any period, that the Chief Electoral Officer considers appropriate.
'(10) A pamphlet or other material prepared, printed, distributed, published or broadcast under this section is not a referendum advertisement for the purposes of Part 6.'.
Add at the end of new subclause 9A(10) the words –
‘(11) Expenditure of public money in respect of the presentation of arguments in relation to a question or questions submitted to electors is limited to expenditure relating to actions taken by the Chief Electoral Officer under this section.’.
Debate ensued.
Question - That the amendment moved by Mrs Hickey to the amendment moved by Mr Coulter be agreed to - put.
The Assembly divided (the Deputy Speaker, Mr P A Mitchell, in the Chair) -
AYES, 7 NOES, 15
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the negative.
Question – That the amendment moved by Mr Coulter, inserting new clause 9A, be agreed to – put and passed.
Clauses 10 to 24, by leave, taken together and agreed to.
Clause 25 read.
On the motion of Mr Coulter the following amendment was agreed to -
Insert after subclause (1) the following -
- ‘(1A) A form prescribed by the Northern Territory Electoral Regulations for the purposes of Part 7 of the Northern Territory Electoral Act can be used for the purposes of that Part as applying to a referendum because of subsection (1).’.
Clause, as amended, agreed to.
Clause 26 to 43, by leave, taken together and agreed to.
Clause 44 read.
On the motion of Mr Coulter the following amendment was agreed to –
Add at the end the following:
- ‘(2) If the polling day for a referendum is the same as that fixed as polling day for an election of a member of the Legislative Assembly, a person cannot be found guilty of an offence against subsection (1) if the person has been found guilty of an offence against section 64 of the Northern Territory Electoral Act in respect of his or her failing to vote at the election.’.
Clauses 45 to 87, by leave, taken together and agreed to.
Clause 88 read.
On the motion of Mr Coulter the following amendment was agreed to.
Omit from subclause (2) all words after paragraph (b) and substitute the following:
- 'the Chief Electoral Officer may enter into an agreement with the Australian Electoral Commission for it to conduct the referendum.
- '(2A) If a referendum under this Act is to be conducted by the Australian Electoral Commission, the Administrator may, by notice in the Gazette, specify how the referendum is to be conducted.
- '(2B) The notice may provide for anything that in the opinion of the Administrator is necessary or convenient to be done to ensure that the referendum and the election under the Commonwealth Electoral Act 1918 of the Commonwealth or the referendum under the Referendum (Machinery Provisions) Act 1984 of the Commonwealth are able to be conducted in a manner that facilitates the conduct of the referendum and the election or referendum, as the case may be, at the same time.
- '(2C) Without limiting the matter that may be included in the notice, the notice may--
- (a) provide that a provision of this Act or the Regulations is to be taken to not apply to the conduct of the referendum or to have been amended as specified in the notice;
(b) provide that procedures under the Commonwealth Electoral Act 1918 of the Commonwealth and the Referendums (Machinery Provisions) Act 1984 of the Commonwealth are to apply to the conduct of the referendum in substitution for those contained in this Act; and
(c) provide that officers appointed under the Commonwealth Electoral Act 1918 of the Commonwealth and the Referendums (Machinery Provisions) Act 1984 of the Commonwealth may exercise the powers and perform the functions of officers under this Act'.
On the motion of Mr Coulter the following further amendment was agreed to –
- Omit from subclause (3) ‘subsection (2)’ and substitute ‘this section’.
Clause, as amended, agreed to.
Clauses 89 to 96, by leave, taken together and agreed to.
Schedule read.
On the motion of Mr Coulter the following amendment was agreed to -
Omit ‘to submit a question, approved by the Legislative Assembly, a copy of which is attached, to electors within the meaning of the Referendums Act' and substitute 'to conduct or make arrangements for the conduct of a referendum in accordance with the Referendums Act on the question, approved by the Legislative Assembly and a copy of which is attached,’.
On the motion of Mr Coulter the following further amendment was agreed to -
- Omit ‘on Territory of Australia’.
Schedule, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
------------------
- The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Mitchell) reported accordingly; and the report was adopted.
On the motion of the Leader of Government Business (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
18. ADJOURNMENT:
- The Leader of Government Business (Mr Coulter) moved- That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Stuart (Mr Toyne), by leave, laid on the Table the following Papers -
Letter, Dave McHugh, A/Secretary, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing, dated 6 October 1997 (Paper 535);
Letter, John Baskerville, Regional Director South, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing,
dated 21 November 1997 (Paper 536);
Letter, Paul Glynn, Centre Plumbing, to Mr John Baskerville, Regional Director South, Department of Transport and Works, dated 8 December 1997 (Paper 544);
Letter, John Baskerville, Regional Director South, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing,
dated 18 December 1997 (Paper 537);
Letter, J L Baskerville, Regional Director South, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing, dated 2 July 1998
` (Paper 538);
Facsimile message, Bernard Ambrose, Regional Manager Construction, Department of Transport and Works, to Mr Paul Glynn,
dated 16 July 1998 (Paper 539);
Facsimile message, Connie Fleming, Department of Transport and Works, to Paul Way, Centre Plumbing, dated 23 July 1998 (Paper 540);
Letter, Peter Hoey, Office of the Ombudsman for the Northern Territory, to Mr Tony Karacic, dated 27 July 1998 (Paper 545);
Letter, Hon Barry Coulter MLA, Minister for Transport and Infrastructure Development, to Mr Paul Glynn, Centre Plumbing, dated 27 July 1998
(Paper 541);
Letter, Paul Glynn, Centre Plumbing, to Mr Peter Toyne MLA, dated 11 August 1998 (Paper 543);
Letter, J L Baskerville, Regional Director South, Department of Transport and Works, to Mr Paul Glynn, Centre Plumbing, dated 11 August 1998 (Paper 542); and
Contract ASM 8/92 – Fixed Schedule of Rates – General Repairs – Occupied Dwellings, 1-1-93 to 31-12-93, Sunway Pty Ltd (Paper 547).
- Debate continued.
Paper tabled: The Member for Jingili (Mr Balch), by leave, laid on the Table the following Paper -
- Question – put and passed.
And the Assembly adjourned at 21:33h until 10:00h on Thursday 13 August 1998.
============================
ATTENDANCE:
All Members attended the sitting except the Chief Minister (Mr Stone), on leave.
Last updated: 04 Aug 2016