Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1993-05-20

Sixth Assembly First Session 18/05/1993 Parliamentary Record No. 16
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Date : 20/05/1993
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
The Speaker read the following message from His Honour the Administrator:

Message No. 9

I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to make interim provision for the appropriation of money out of the Consolidated Fund for the service of the year ending 30 June 1994.

Dated 20 May 1993
(Sgd) AUSTIN ASCHE
Administrator.

4. DISTINGUISHED VISITORS - DELEGATION OF PARLIAMENTARIANS - VANUATU, WESTERN SAMOA AND PAPUA NEW GUINEA:
The Speaker drew the attention of Honourable Members to the presence in the gallery of a Delegation of Parliamentarians from the South Pacific who are participating in a Commonwealth Parliamentary Association study tour and Mr Alex Lyle from the Parliamentary Relations Section of the Commonwealth Parliament.
The Delegates were the Honourable Allen Bule and the Honourable Jeffrey Lahva from Vanuatu; the Honourable Mataia Visesio Europa and the Honourable Unasa Mesi from Western Samoa; and the Honourable William Wi and Mr Dibara Yagabo from Papua New Guinea.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitors.

5. SESSIONAL COMMITTEE ON THE NEW PARLIAMENT HOUSE - TABLING OF DOCUMENTS - STATEMENT:
The Speaker advised Members that, in accordance with the Resolution of the Assembly dated 19 May 1993 relating to documents of the Sessional Committee on the New Parliament House, a complete set of documents would be tabled during the August sittings of the Assembly.

6. QUESTIONS:
A question was asked of a Minister.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -

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. Letter, Jennifer Pitcher, A/Program Director, Aged and Disability Services, Department of Health and Community
Services to Mrs B. Balke, Darwin Pensioners and Senior Citizens Association, dated May 1993.

Further questions were asked of Ministers.
Papers tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Papers -

. Report under section 59, Planning Act, Draft Planning Instrument AS 252 by Mr J.M. Robertson, Chairman, Northern Territory Planning Authority, dated 30 July 1991;
. Report under section 59, Planning Act, Draft Planning Instrument AS 252, by Mr J.M. Robertson, Chairman, Northern Territory Planning Authority, dated 30 July 1991, including the following attachments -
. Explanatory Document, AS 252 lodged by Acer Vaughn on behalf of Mr Dennis Hornsby;
. Letter, Roy Mitchell, Chief Executive/Town Clerk to Chairman, N.T. Planning Authority, dated 18 June 1991;
. Submission, Alice Springs Town Council re Draft Planning Instrument AS 252 to Northern Territory Planning
Authority, dated June 1991; and
. List of correspondence, Proposed Rezoning and Subdivision, N.T. Portions 1924 and 1994, Hornsby Estate.

Further questions were asked of Ministers.
Supplementary answer: The Minister for Transport and Works (Mr Ortmann) gave a supplementary answer to a question asked by the Member for Macdonnell (Mr Bell) this day.

7. PRIVILEGE - ALLEGED DELIBERATE MISLEADING OF THE ASSEMBLY BY THE MINISTER FOR TRANSPORT AND WORKS - REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES:
The Member for Macdonnell (Mr Bell), pursuant to Standing Order 83, raised as a matter of privilege that the Minister for Transport and Works (Mr Ortmann) had misled the Assembly in his replies to questions asked during Question Time this sittings concerning the Hornsby Subdivision in Alice Springs, and requested that the Speaker refer the matter to the Committee of Privileges.
The Speaker agreed to consider the matter and report his decision at a later hour.

8. THE REPUBLICAN AGENDA - STATEMENT - STATEMENT NOTED:
The Chief Minister (Mr Perron) made a statement relating to the future constitutional shape of Australia.
Mr Perron moved - That the Assembly take note of the Statement.
Debate ensued.
The Leader of the Opposition (Mr Ede) moved the following amendment -

Omit all words after "That" and insert in their stead -

"(1) This Assembly supports the Prime Minister's initiative to

change Australia from a Constitutional Monarchy to a
Republic; and

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(2) The terms of this motion be forwarded to the Speaker of
the House of Representatives and the President of the
Australian Senate.".

Debate ensued.
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Suspension of sitting: The sitting was suspended between 12.06 p.m. and 2.00 p.m.
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Debate resumed.
Paper tabled: The Minister for Industries and Development (Mr Stone) laid on the Table the following Paper -

. Newspaper Article, "If a republic's the answer, what's the question?" by Leonie Kramer, The Australian, dated 16
April 1993.

Debate continued.
Question - That the amendment be agreed to - put and negatived.
Question - That the Statement be noted - put and passed.

9. PERSONAL EXPLANATION:
The Minister for Transport and Works (Mr Ortmann), pursuant to Standing Order 57, made a personal explanation relating to comments made by the Member for Macdonnell (Mr Bell) today regarding the Hornsby Subdivision in Alice Springs.
Paper tabled: Mr Ortmann laid on the Table the following Paper -

. Letter, David Anderson, Solicitor for the Northern Territory to Mr Peter Conran, Secretary, Department of the Chief Minister, dated 17 May 1993.
Attachments:
Affidavit No.72 of 1991 (9123304) between K.M. Finnane and M.H. Ortmann and Northern Territory Planning Authority,
sworn 23 October 1992;
Northern Territory Planning Authority, Alice Springs -
Planning Area 8, Item 3, dated 12 September 1989
Planning Area 8, Item 3, dated 14 May 1991. PA91/0235
Planning Area 8, Item 11, dated 9 July 1991 PA91/235; and
Extract of N.T. Parliamentary Record, dated 12 November 91, pages 2941-2947.

10. PERSONAL EXPLANATION:
The Member for Macdonnell (Mr Bell), pursuant to Standing Order 57, made a personal explanation relating to comments made in a personal explanation by the Minister for Transport and Works (Mr Ortmann) this day.

11. SUPPLY BILL 1993-94 (Serial 227):
The Treasurer (Mr Coulter), pursuant to Standing Order 230, presented a Bill for an Act to make interim provision for the appropriation of money out of the Consolidated Fund for the service of the year ending 30 June 1994, the subject of His Honour the Administrator's Message No. 9.
Bill read a first time.

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Suspension of Standing Orders - Pass Bill through all Stages:
Mr Coulter moved - That so much of Standing Orders be suspended as would prevent the Supply Bill 1993-94 (Serial 227) passing through all stages at these sittings.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

12. LIQUOR AMENDMENT BILL 1993 (Serial 228):
The Chief Minister (Mr Perron), by leave, presented a Bill for an Act to amend the Liquor Act.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

13. POLICE ADMINISTRATION AMENDMENT BILL 1993 (Serial 224); DOMESTIC VIOLENCE AMENDMENT BILL 1993 (Serial 203); and FIREARMS AMENDMENT BILL 1993 (Serial 225):
Suspension of Standing Orders - Take three Bills together: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended as would prevent Government Business, Notices relating to, respectively, the Police Administration Amendment Bill 1993 (Serial 224); the Domestic Violence Amendment Bill 1993 (Serial 203); and the Firearms Amendment Bill 1993 (Serial 225) -

(a) being taken 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 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 Manzie, pursuant to notice, presented a Bill for an Act to amend the Police Administration Act; a Bill for an Act to amend the Domestic Violence Act 1992; and a Bill for an Act to amend the Firearms Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Victoria River (Mr Cartwright) debate was adjourned.

14. HOSPITAL MANAGEMENT BOARDS AMENDMENT BILL 1993 (Serial 211):
The order of the day having been read for the resumption of the 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 Minister for Health and Community Services (Mr Reed) the Bill was read a third time and passed to be a proposed law.

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15. TOBACCO AMENDMENT BILL 1993 (Serial 213):
The order of the day having been read for the resumption of the 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 Minister for Health and Community Services (Mr Reed) the Bill was read a third time and passed to be a proposed law.

16. DISABILITY SERVICES BILL 1993 (Serial 219):
The order of the day having been read for the resumption of the 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 Minister for Health and Community Services (Mr Reed) the Bill was read a third time and passed to be a proposed law.

17. PRIVILEGE - ALLEGED DELIBERATE MISLEADING OF THE ASSEMBLY BY THE MINISTER FOR TRANSPORT AND WORKS - REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES, DECLINED - STATEMENT - SPEAKER'S DECISION:
The Speaker made the following statement in relation to the matter of privilege raised by the Member for Macdonnell (Mr Bell) earlier this day:
Shortly after Questions this morning, the Member for Macdonnell raised a matter of privilege concerning the Minister for
Transport and Works and requested that I refer his complaint to the Committee of Privileges.
I have examined the proof transcripts of proceedings, together with previous debates and documents tabled during debate and
questions relating to the rezoning of land at Alice Springs.
Having examined the transcripts of the debates and the tabled documents, relating to this matter, it is apparent that it
involves a number of complex legal and administrative issues, some of which have been raised in a political context.
It has been the traditional practice of Westminster-style Parliaments to treat the making of deliberately misleading
statements by a Member as a grave contempt.
In the past, matters of this nature have not been accepted by Speakers of the House of Representatives as a matter of
privilege or contempt of the House to be dealt with by the Speaker or a Privileges Committee, but rather a matter for the
House to decide by way of debate or by substantive motion.
Accordingly, I advise the Assembly that I do not propose to refer the complaint to the Committee of Privileges.

18. ADJOURNMENT:
The Minister for Transport and Works (Mr Ortmann) moved - That the Assembly do now adjourn.
Debate ensued.

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Paper tabled: The Attorney-General (Mr Manzie) laid on the Table the following Paper -

. Whitegoods Schedule, Level 4, facsimile from Supply and Tender Board, dated 5 May 1993.

Debate continued.
Papers tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Papers -

. Submission by the Defendants, unsigned and undated;
. Affidavit, Case of Harris v Muirhead, in the Supreme Court of the State of Queensland, No. 509 of 1993, signed by
Mr D.W. Collins, dated 27 April 1993;
. Document, On Appeal from the Judgement of His Honour, Mr Justice Moinahan, between Harris and Commonwealth Bank of Australia, Plaintiffs and Muirhead and Muirhead, Defendants, dated 28 April 1993;
. Letter, Mr D.W. Collins, MLA, to Mr David Murray, Chief Executive Officer, Commonwealth Bank of Australia, dated
29 April 1993;
. Open Letter, "A Matter of Deep Concern to Every Decent Person" from Denis Collins, MLA, Member for Greatorex, dated 29 April 1993; and
. Letter, Denis Collins, MLA to Mr Paul Rizzo, Chief General Manager, Commonwealth Bank of Australia and others, dated 5 May 1993.

Debate continued.
Question - put and passed.
The Assembly adjourned at 10.46 p.m. until Tuesday 25 May 1993.
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ATTENDANCE:
All Members attended the sitting except Mr Vale, on leave.

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Last updated: 04 Aug 2016