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Minutes of Proceedings - 1997-04-22

Seventh Assembly First Session 22/04/1997 Parliamentary Record No. 32
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Date : 22/04/1997
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1. MEETING:
    The Assembly met at 10:00h, pursuant to resolution of the Assembly, dated Thursday 27 February 1997. The Speaker, the Honourable T.R. McCarthy, took the Chair.

2. PRAYERS.

3. VISITORS:
    The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Certificate of Office Studies and Administration students from the Northern Territory University and their lecturer Ms Bronwyn Bunnett.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

4. NOTICE:
    The following notice was given:
    Mr Burke: To present the Associations Incorporation Bill 1997 (Serial 229).

5. DISCHARGE OF GOVERNMENT BUSINESS:
    The Attorney-General (Mr Burke) moved - That Government Business, Order of the Day No. 11, relating to the draft Associations Incorporation Bill, be discharged from the Notice Paper.
    Question - put and passed.

6. FURTHER NOTICES:
    The following further notices were given, by leave:
    Mrs Hickey: To move - That this Parliament unanimously calls upon the Liberal-National Federal Coalition to include a replacement for infrastructure bonds in the Federal Budget to be delivered on 13 May 1997 in order to enable the AustralAsia (Darwin - Alice Springs) Railway Project to proceed.
    Mrs Hickey: To move - That the Northern Territory Parliament apologises to the people of the Northern Territory:
            (1) for this Parliament’s failure over the last 23 years to provide long term and permanent solutions to the antisocial behaviour affecting our community;

            (2) for the harm Territorians suffer from the increasing level of violence that remains unanswered; and

            (3) for the fear Territorians must live with because the high rate of burglaries destroys their sense of safety and security in their homes and business (Paper 3179).
    Mr Bailey: To present the Criminal Code (Euthanasia) Amendment Bill 1997 (Serial 230).
    Mr Bailey: To move - That this Parliament takes note of the Public Accounts Committee Minority Report on the Auditor-General’s Annual and Mid-year Reports 1993-94 and 1994-95.

7. PAPER TABLED - DISSENTING REPORT ON AUDITOR-GENERAL’S ANNUAL AND MID YEAR REPORT 1993-94 AND 1994-95:
    The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the dissenting report on the Auditor-General’s Annual and Mid-Year Reports for 1993-94 and 1994-95 (Paper 3163).
    Ordered that the dissenting report be incorporated in the Public Accounts Committee Majority Report on the Annual and Mid-Year Reports of the Auditor-General 1993-94 and 1994-95.

8. QUESTIONS:
    10:08 Mr Adamson to Mr Stone.
    10:19 Mr Bailey to Mrs Braham.
    Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Papers -
    Letter, Brian C. Bates, Commissioner of Police, to Mr John Bailey, MLA, Deputy Opposition Leader, dated 3 April 1997 (Paper 3159); and
    Letter, Mr Iain Summers, Auditor-General of the Northern Territory, to Mr John Bailey, MLA, dated 8 April 1997 (Paper 3160).
    10:20 Dr Lim to Mr Burke.
    Paper tabled: The Attorney-General (Mr Burke) laid on the Table the following Papers -
    Northern Territory Charter for Victims of Crime (Paper 3161); and
    Victim Impact Statements - A guide to the victim impact statement scheme in the Northern Territory (Paper 3162).

    10:24 Mr Toyne, by leave, to Mrs Braham.
    10:29 Mr Setter to Mr Hatton.
    10:40 Mr Bailey to Mrs Braham.
    10:43 Mr Mitchell to Mr Coulter.
    10:48 Mrs Hickey to Mr Reed.
    10:50 Mrs Padgham-Purich to Mr Reed.

9. REPORT OF THE DISTRIBUTION COMMITTEE - PAPERS TABLED - MOTION TO ADOPT REPORT - REPORT ADOPTED:
    The Chief Minister (Mr Stone) laid on the Table the Report of the Electoral (sic) Distribution Committee: 1997 Distribution of Northern Territory Electoral Divisions -
      Volume 1: Report on Details and Maps of Proposed Divisions (Section 17); Suggestions and Objections lodged with the Committee to Proposals placed on public display (Section 16) (Paper 3164); and
      Volume 2: Suggestions for Distribution of Divisions and Comments on those suggestions lodged with the Committee in reply to the Committee’s call for public input (Section 13) (Paper 3165).
    Mr Stone moved - That the Assembly resolve in terms of Section 18(1) of the Electoral Act, that the distribution of the Northern Territory into electoral divisions, as proposed in the 1997 Report of the Distribution Committee, be approved (Paper 3166).
    Debate ensued.
    Question - put and passed.

10. OUTCOMES FROM THE 1997 PREMIERS’ CONFERENCE - MINISTERIAL STATEMENT - STATEMENT NOTED:
    The Chief Minister (Mr Stone) made a statement relating to the Outcomes from the Premiers’ Conference held in Canberra on Friday 21 March 1997 (Paper 3167).
    Mr Stone moved - That the Assembly take note of the Statement.
    Paper tabled: Mr Stone laid on the Table the following Paper -
    Table, Estimated Net Payments to the State and Territories, 1996-97 and 1997-98 (Paper 3214).
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Suspension of sitting: The sitting was suspended between 12:25h and 14:30h.
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    Debate resumed.
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    Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable members to the presence in the gallery of representatives of Nauiyu Community Government Council. On behalf of Honourable Members, the Speaker issued a warm welcome to the visitors.
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    Question put and passed.

11. COMPANIES (TRUSTEES AND PERSONAL REPRESENTATIVES) AMENDMENT BILL 1997 (Serial 213):
    The order of the day having been read for the resumption of debate on the question - That the Bill be 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 Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.

12.FINANCIAL INSTITUTIONS (MISCELLANEOUS AMENDMENTS) BILL 1997 (Serial 211):
    The order of the day having been read for the resumption of debate on the question - That the Bill be 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 Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.

13. FRIENDLY SOCIETIES (NT) BILL 1997 (Serial 214); and FINANCIAL INSTITUTIONS (TERRITORY SUPERVISORY AUTHORITY) AMENDMENT BILL 1997 (Serial 215):
    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.
    Bill read a second time.
    The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
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In the Committee
(Deputy Chairman - Mr Adamson)

    Friendly Societies (NT) Bill 1997 (Serial 214):

    Bill, by leave, taken as a whole.
    On the motion of the Attorney-General (Mr Burke) the following amendment was agreed to -
    Insert after Part 5 the following:
      “PART 6 - AMENDMENT OF FINANCIAL INSTITUTIONS (NT) ACT

      “15. AMENDMENT OF FINANCIAL INSTITUTIONS (NT) ACT

      “Section 10 of the Financial Institutions (NT) Act is amended by inserting after the definition of ‘Corporation’ in subsection (1) the following:

      ‘Friendly Societies Code’ means the Friendly Societies (NT) Code as defined in the Friendly Societies (NT) Act;”.

    Bill, as amended ,agreed to.
    Bill to be reported with an amendment.

    Financial Institutions (Territory Supervisory Authority) Amendment Bill 1997 (Serial 215):
    Bill, by leave, taken as a whole and agreed to.
    Bill to be reported without amendment.

    Bills reported and reports adopted.
    On the motion of the Attorney-General (Mr Burke) the Bills were read a third time and passed to be proposed laws.

14. PARTNERSHIP BILL 1997 (Serial 221):
    The order of the day having been read for the resumption of debate on the question - That the Bill be 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 Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.
15. WORK HEALTH AMENDMENT BILL 1997 (Serial 225):
    The order of the day having been read for the resumption of debate on the question - That the Bill be 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 the consideration of the Bill.
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In the Committee
(Deputy Chairman - Mr Adamson)

    Clauses 1 to 7, by leave, taken together and agreed to.
    Mr Stirling moved that the following new clauses be inserted in the Bill -
        "7A. HEALTH AND SAFETY COMMITTEES
            "Section 44A of the Principal Act is amended -
            (a) by omitting subsection (1) and substituting the following:
            ‘(1) Where 15 or more workers are employed at a workplace, the employer or, if there is more than one employer in respect of the workers, the employers of the workers shall, if requested by the majority of the workers, establish a health and safety committee for that workplace.’; and
            (b) by omitting from subsection (2) '3 months' and substituting '3 weeks'.
        "7B. COMPOSITION OF HEALTH AND SAFETY COMMITTEES
            "Section 44B of the Principal Act is amended -
            (a) by omitting from subsection (1)(b) 'employer' and substituting 'employer or employers'; and
            (b) by omitting from subsection (2) 'employer' and substituting 'employer or employers'.
        "7C. FUNCTIONS OF HEALTH AND SAFETY COMMITTEES
            "Section 44C (a), (b), (c), (d) and (h) of the Principal Act is amended by omitting 'employer' and substituting 'employer or employers'.

        "7D. INSPECTION OF WORKPLACE
            "Section 44D of the Principal Act is amended by omitting from paragraphs (a) and (b) 'employer' and substituting 'employer or employers'.

        "7E. MEETINGS
            "Section 44E of the Principal Act is amended by omitting subsection (3) and substituting the following:
            '(3) A health and safety committee shall hold its first meeting within 2 weeks after it is established and subsequently shall meet at intervals not more than 2 weeks apart.'.".

        "7F. DUTIES OF EMPLOYERS IN RELATION TO HEALTH AND SAFETY COMMITTEES
            "Section 44F of the Principal Act is amended by omitting 'employer' (twice occurring) and substituting 'employer or employers'.".
    New clauses negatived after debate.
    Clauses 8 to 11, by leave, taken together and agreed to.
    Mr Stirling moved that the following new clauses be inserted in the Bill -
        "11A. DECISION AS TO ELIGIBILITY FOR COMPENSATION
          "Section 85 of the Principal Act is amended by omitting subsection (5) and substituting the following:

          ‘(5) Where an employer accepts or disputes liability for compensation under subsection (4)(a), the employer is, as soon as practicable, to notify the person making the claim of the employer's decision and, if the employer decides to dispute liability, the reasons for the decision.’.
        "11B. UNREASONABLE DELAY IN SETTLEMENT OF COMPENSATION

          "Section 109 of the Principal Act is amended -

          (a) by omitting from subsection (1) 'it may -' and substituting 'it must -'; and

          (b) by omitting from subsection (2) 'the Court may,' and substituting 'the Court must,'.".

    Question that new clause 11A be inserted in the Bill - put and negatived.
    Question that new clause 11B be inserted in the Bill - put and passed.
    Remainder of the Bill, by leave, taken as a whole and agreed to.
    Bill to be reported with an amendment.
    Bill reported, report adopted.
    On the motion of the Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.

16. ADJOURNMENT:
    The Minister for Correctional Services (Mr Hatton) moved - That the Assembly do now adjourn.
    Debate ensued.
    And the Assembly adjourned at 18:35h until 10:00h Wednesday 23 April 1997.
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PAPERS:
The following Papers were deemed to have been presented on Tuesday 22 April 1997:
Annual Reports:
Surveyors Board of the Northern Territory, 1995-96 (Paper 3146)

Crown Lands Act:
Revocation of Reserve No. 1722 over Lot 124 Town of Adelaide River, dated 25 March 1997 (Paper 3147)

Regulations 1997:
No. 3, Firearms Regulations (Paper 3148)
No. 4, Amendments of Territory Parks and Wildlife Conservation By-Laws (Paper 3149)
No. 5, Djukbinj National Park Local Management Committee (Djukbinj Board) Regulations (Paper 3150)
No. 6, Amendments of Electrical Workers and Contractors Regulations (Paper 3151)
No. 7, Amendment of Territory Wildlife Regulations (Paper 3152)
No. 8, Amendment of Taxation (Administration) Regulations (Paper 3153)
No. 9, Amendment of Sentencing Regulations (Paper 3154)
No.10, Amendments of Stock Diseases Regulations (Paper 3155)
No.11, Amendments of Stock (Control of Hormonal Growth Promotants) Regulations (Paper 3156)
No.12, Amendments of Stock Routes and Travelling Stock Regulations (Paper 3157)
No.13, Amendments of Brands Regulations (Paper 3158).
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ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016
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