Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1995-05-16

Seventh Assembly First Session 16/05/1995 Parliamentary Record No. 10
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Date : 16/05/1995
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to resolution of the Assembly, dated
Thursday 2 March 1995. The Speaker, the Honourable T.R. McCarthy, took the Chair.

2. PRAYERS.

3. MESSAGES FROM THE ADMINISTRATOR:
The Speaker laid on the Table the following Messages from His Honour the Administrator:

Message No. 11

Assent to Proposed Laws

I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of
Australia, advise the Legislative Assembly that, pursuant to section 7 of the Northern
Territory (Self - Government) Act 1978, of the Commonwealth, I have given my
assent to the following proposed laws:

23 November 1994:
Gaming Control Amendment Act (No. 2) 1994

1 December 1994:
Education Amendment Act 1994 Amendment Act 1994

15 December 1994:
Anti-Discrimination Amendment Act 1994
Petroleum (Submerged Lands) Amendment Act 1994 Stamp
Duty Amendment Act (No. 2) 1994 Taxation (Administration) Amendment Act (No. 2) 1994
Territory Parks and Wildlife Conservation Amendment Act 1994

30 December 1994:
Environmental Assessment Amendment Act 1994
Fisheries Amendment Act 1994 Amendment Act 1994
Lands Acquisition Amendment Act (No. 2) 1994 Marine Amendment Act 1994
Motor Accidents (Compensation) Amendment Act 1994
National Environment Protection Council (Northern Territory) Act 1994

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Northern Territory University Amendment Act 1994
Plant Diseases Control Amendment Act 1994
Valuation of Land Amendment Act 1994
Water Supply and Sewerage Amendment Act 1994

9 February 1995:
Traffic Amendment Act 1995

Dated: 10th day of May 1995.

(Sgd) AUSTIN ASCHE
Administrator.
(Paper 1691).

Message No. 12

Assent to Proposed Laws

I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of
Australia, advise the Legislative Assembly that, pursuant to section 7 of the Northern
Territory (Self - Government) Act 1978, of the Commonwealth, that I have given my
assent to the following proposed laws:

21 March 1995:
Audit Act 1995
Financial Management Act 1995
Financial Management (Consequential Amendments) Act 1995
Procurement Act 1995

22 March 1995:
Appropriation Act (No. 2) 1994-95

10 April 1995:
Medical Act 1995
Medical (Consequential Amendments) Act 1995
Mine Management Amendment Act 1995

12 April 1995:
Corporations (Northern Territory) Amendment Act 1995
Legal Practitioners Amendment Act 1995

Dated: 10th day of May, 1995.

(Sgd) AUSTIN ASCHE
Administrator.
(Paper 1692).

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4. PETITIONS:
The Member for Nelson (Mrs Padgham-Purich) presented a petition from 2238
petitioners requesting Members of the Assembly to vote in favour of the Rights of the
Terminally Ill Bill 1995 (Paper 1688).
Petition read.

The Member for Nhulunbuy (Mr Stirling) presented a petition from 33 petitioners
requesting the Assembly implement best practice palliative care facilities in the
Northern Territory and that Members of the Assembly vote against the Rights of the
Terminally Ill Bill 1995 (Paper 1689).
Petition read.

The Member for Nightcliff (Mr Hatton) presented a petition from 1861 petitioners
requesting that the Assembly acquire Lots 4582 and 4591, Aralia Street, Nightcliff, to
preserve the original rainforest on that land and create a park to be maintained by
the Darwin City Council (Paper 1690).
Petition read.

The Member for Brennan (Mr Burke) presented a petition from 112 petitioners
requesting the Assembly implement best practice palliative care facilities in the
Northern Territory and that Members of the Assembly vote against the Rights of the
Terminally Ill Bill 1995 (Paper 1693).

The Member for Greatorex (Dr Lim) presented a petition from 28 petitioners requesting
the Assembly implement best practice palliative care facilities in the Northern
Territory and that Members of the Assembly vote against the Rights of the Terminally Ill Bill 1995
(Paper 1694).

The Member for Greatorex (Dr Lim) presented a petition from 25 petitioners requesting
that the Assembly does not proceed with the legislation relating to the Rights of the
Terminally Ill Bill 1995 (Paper 1695).
Petition read.

The Member for Greatorex (Dr Lim) presented a petition from 142 petitioners relating to
a request for continued funding for the position of hospital chaplain at Alice Springs
Hospital (Paper 1696).
Petition read.

The Member for Casuarina (Mr Adamson), for and on behalf of the Speaker, presented
a petition from 25 petitioners requesting the Assembly provide funding and resources
for a palliative care specialist and hospices for the terminally ill throughout the Northern
Territory (Paper 1697).
Petition read.

The Member for Casuarina (Mr Adamson), for and on behalf of the Speaker, presented
a petition from 100 petitioners requesting the Assembly implement best practice
palliative care facilities in the Northern Territory and that Members of the Assembly
vote against the Rights of the Terminally Ill Bill 1995 (Paper 1698).

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The Member for Casuarina (Mr Adamson), for and on behalf of the Speaker, presented
a petition from 34 petitioners requesting that the Assembly does not proceed with
legislation relating to the Rights of the Terminally Ill Bill 1995 (Paper 1699).

The Member for Arafura (Mr Rioli) presented a petition from 68 petitioners requesting
that the Assembly does not proceed with legislation relating to the Rights of the
Terminally Ill Bill 1995 (Paper 1700).

The Member for Millner (Mr Mitchell) presented a petition from 32 petitioners requesting
that the Assembly refer the proposed Bill, entitled the Rights of the Terminally Ill Bill
1995, to a Select Committee in order that the Committee may consult with members
of the Northern Territory community and report back to the Assembly (Paper 1701).

5. DISTINGUISHED VISITORS:
The Speaker (Hon T.R .McCarthy) drew the attention of Honourable Members to the
presence in the gallery of Mr Nick Dondas, former Speaker of this Assembly from 1989
to 1994 and a Member of this House from 1974 to 1994; Mrs Cherry Perron; and Ms
Leeanne Manski, Northern Territory Public Speaking champion.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.

6. NOTICES:
The following notices were given:
Mr Finch: To present the Trade Measurement Administration Amendment Bill 1995 (Serial 81).
Mr Finch: To present the Trustee Amendment Bill 1995 (Serial 82).

7. QUESTIONS:
Questions were asked of Ministers.
Papers tabled: The Chief Minister (Mr Perron) laid on the Table the following Papers -

. Letter, Hon M. B. Perron, MLA, Chief Minister, to Hon P. J. Keating, MP, Prime
Minister, dated 25 October 1993 (Paper 1705);
. Letter, Hon P. J. Keating, MP, to Hon M. B. Perron, MLA, Chief Minister,
dated 25 July 1994 (Paper 1704);
. Letter, Hon M. B. Perron, MLA, to Hon P. J. Keating, MLA, Prime Minister,
dated 27 July 1994 (Paper 1709);
. Letter, Hon P. J. Keating, MP, Prime Minister, to Hon M. B. Perron, MLA,
Chief Minister, dated 13 February 1995 (Paper 1706);
. Letter, Hon M. B. Perron, MLA, Chief Minister, to Hon P. J. Keating, MP, Prime
Minister, dated 21 February 1995 (Paper 1707);
. Letter, Hon M. B. Perron, MLA, Chief Minister to Hon P. J. Keating, MP, Prime
Minister, dated 27 April 1995 (Paper 1708);
and the following attachments-
. Letter, John Clarke, Acting Chief Executive Officer to National Native Title Tribunal, dated 11 July 1994;
. Letter, Patricia Lane, Registrar, National Native Title Tribunal, to Mr John Clarke, Office of Traditional Land Use, dated 29 July 1994;
. Letter, Mr John Clarke, Acting Chief Executive Officer, to Registrar of National Native Claims, dated 4 August 1994;

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. Letter, Patricia Lane, Registrar, National Native Title Tribunal, to Mr John Clarke,
Acting Chief Executive Officer, Office of Traditional Land Use, dated 24 August 1994 ;
. Letter, Mr John Clarke, Acting Chief Executive Officer, to Registrar of National
Native Claims, National Native Title Tribunal, dated 22 August 1994;
. Letter, Allan Padger, Case Manager, National Native Title Tribunal, to
Mr J. Clarke, Acting Chief Executive Officer, Office of Traditional Land Use,
dated 23 August 1994; and
. Letter, Kim Guthrie, Acting Manager, Land Claims Mapping Unit (WALIS), to
National Native Title Tribunal, dated 21 February 1995.
A further question was asked of a Minister.
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Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the
presence in the gallery of Year 12 English as a Second Language students
from Darwin High School and their teacher, Ms Mary Noble.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
____________________

Further questions were asked of Ministers.
Paper tabled: The Minister for Tourism (Mr Coulter) laid on the Table the following Paper -

. Graph, Litchfield/Kakadu Visitation v Entry Fees (Paper 1703).

8. WANT OF CONFIDENCE IN THE GOVERNMENT - LEADERSHIP TO
THE TERRITORY - MOTION NEGATIVED:
Suspension of Standing Orders: The Leader of the Opposition (Mr Ede) moved -
That so much of Standing Orders be suspended as would prevent his moving a
motion expressing a want of confidence in the Government for failing to provide active
and responsible leadership.
The Leader of Government Business (Mr Stone) moved -
That the question be now put.
Question - That the question be now put - put and passed. Question - That Standing
Orders be suspended put Question - put and passed - there being an
absolute majority of the whole number of Members present and no dissentient voice.
Want of confidence: Mr Ede thereupon moved - That this Assembly express a want of
confidence in the Northern Territory Government in that it has failed to
provide committed leadership to the Territory.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 11.55 a.m. and 2.00 p.m.
____________________

Debate resumed.

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The Minister for Aboriginal Development (Mr Hatton) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 7 NOES, 17

Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Mr Rioli Mr Finch
Mr Stirling Mr Hatton
Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone

Motion negatived accordingly.

9. COMMONWEALTH DAY MESSAGE - PAPER TABLED:
The Speaker (Hon. T.R. McCarthy) laid on the Table a copy of Her Majesty the
Queen's Commonwealth Day Message 1995, dated 13 March 1995 (Paper 1681).

10. SESSIONAL COMMITTEE ON THE ENVIRONMENT - EXTENSION OF TIME TO
REPORT ON THE MARY RIVER WETLANDS - MOTION AGREED TO:
The Chairman of the Sessional Committee of the Environment (Dr Lim), by leave,
moved - That the date for reporting by the Sessional Committee on the Environment
into matters relating to the Mary River Wetlands be extended from 30 April 1995 to
Wednesday 17 May 1995.
Question - put and passed.

11. SELECT COMMITTEE ON EUTHANASIA - REPORT OF INQUIRY -
PAPERS TABLED - PAPERS PRINTED - REPORT NOTED:
The Chairman of the Sessional Committee on Euthanasia (Mr Poole) laid on the Table
the following Papers -

. "The Right of the Individual or the Common Good?", Volume One, Report of
the Inquiry by the Select Committee on Euthanasia, May 1995 (Paper 510);
. Report of the Inquiry by the Select Committee on Euthanasia, Volume Three
- Written Submissions - Part A: 001 to 304 (Paper 1637);
Part B: 305 to 664 (Paper 1638);

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Part C: 665 to 915 (Paper 1639);
and Part D: 916 to 1126 (Paper 1640).

Mr Poole moved - That Volumes One and Three be printed.
Question - put and passed.
Mr Poole moved - That the Assembly take note of the Report.
Debate ensued.
Papers tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Papers -

. Form, Certified Copy of an Entry in the Register of Deaths (Paper 1710); and
. Form, Medical Certificate of Cause of Death - Form A (Paper 1711).

Debate ensued.
Question - put and passed.

12. COUNCIL OF AUSTRALIAN GOVERNMENTS - MINISTERIAL STATEMENT
STATEMENT NOTED:
The Chief Minister (Mr Perron) made a Statement relating to the Council of Australian
Governments Meeting and National Surveys on Northern Territory Statehood
(Paper 1682).
Papers tabled: Mr Perron laid on the Table the following Papers -

. Communique, Council of Australian Governments Meeting, dated 11 April 1995
(Paper 1683);
. "Strong Support for Northern Territory Statehood throughout Australia",
Newspoll, dated 2 April 1995 (Paper 1684);
. "Territorians Favour Statehood", Newspoll, dated 7 April 1995 (Paper 1685);
. Qualitative Assessment: Community Attitude towards Northern Territory
Statehood (Paper 1686); and
. Northern Territory Statehood Study, Main Findings, dated March 1995
(Paper 1687).

Mr Perron moved - That the Assembly take note of the Statement.
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Papers -

. "The Impact of Implementing the Hilmer Report on the National and State
Economies" by John R. Madden, Centre for Regional Economic Analysis,
The University of Tasmania, dated 21 March 1995 (Paper 1712).

Debate continued.
Question - put and passed.

13. NORTHERN TERRITORY URBAN HOUSING STRATEGY FOR ABORIGINAL
HOUSING - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Lands, Housing and Local Government (Mr Hatton) made a
Statement relating to the urban housing strategy for Aboriginal housing (Paper 1663).
Papers tabled: Mr Hatton laid on the Table the following Papers -

. Discussion Paper, Northern Territory Urban Housing Strategy for Aboriginal
People, Department of Lands, Housing and Local Government (Paper 1702);

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. Your Guide to the Northern Territory Urban Housing Strategy for Aboriginal
People, Discussion Paper, Department of Lands, Housing and Local
Government (Paper 1661); and
. Brochure, Summary of the Discussion Paper, Northern Territory Urban
Housing Strategy for Aboriginal People, Department of Lands, Housing and
Local Government (Paper 1660).

Mr Hatton moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.

14. ROAD TRANSPORT CHARGES (NORTHERN TERRITORY) BILL 1995 (Serial 69); ROAD TRANSPORT REFORM (VEHICLES AND TRAFFIC) (NORTHERN TERRITORY) BILL 1995 (Serial 70); AND MOTOR VEHICLES AMENDMENT BILL 1995 (Serial 71):
The order of the day having been read for the resumption of the debate on the question -
That the Bills be now read a second time -
Debate ensued.
Question - put and passed.
Bills read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Minister for Transport and Works (Mr Manzie) the Bills were read a third time and passed to be proposed laws.

15. ADJOURNMENT:
The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 10.58 p.m. until tomorrow at 10.00 a.m.
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PAPERS:
The following Papers were deemed to have been presented on Tuesday 16 May 1995:

Annual Report:
Northern Territory Grain Marketing Board, 1993-94 (Paper 1664)

Community Government Scheme:
Cox Peninsula Community Government Scheme (Paper 1677)

Crown Lands Act:
Revocation of Reserves Nos 1614, 1604, 1584 and 1481, Cape Hotham/Marrakai Area, pursuant to section 76(7) (Paper 509)

Financial Management Act:
Statement under section 19(4) - Increase of Treasurer's Advance, signed by the Administrator, dated 30 March 1995 (Paper 1678)

Gaming Control Act:
Agreement between the Northern Territory of Australia and Morris International Pty Ltd (A.C.N. 060 767 928), dated 31 January 1995 (Paper 1679)

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Ombudsman (Northern Territory) Act:
Appointment of Peter Allen Lyle Boyce to hold Office of Ombudsman for period
27 March 1995 to 26 March 2000 (inclusive) by the Administrator, pursuant to
section 4(3), dated 24 March 1995 (Paper 1680)

Regulations, 1995:
No. 5, Amendment of Racing and Betting Regulations, (Paper 1665)
No. 6, Amendment of Anti-Discrimination Regulations (Paper 1666)
No. 7, Gaming Control (Commission Procedures) Regulations (Paper 1667)
No. 8, Gaming Control (Gaming Machines) Regulations (Paper 1668)
No. 9, Gaming Control (Licensing) Regulations (Paper 1669)
No. 10, Financial Management Regulations (Paper 1670)
No. 11, Amendments of Domestic Violence Regulations (Paper 1671)
No. 12, Amendment to the Housing Assistance Schemes Regulations (Paper 1672)
No. 13, Amendments of Domestic Violence Regulations (Paper 1673)
No. 14, Procurement Regulations (Paper 1674)
No. 15, Amendment of Misuse of Drugs Regulations (Paper 1675)
No. 16, Amendments of Mine Management Regulations (Paper 1676)
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ATTENDANCE: All Members attended the sitting.

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Last updated: 04 Aug 2016