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Minutes of Proceedings - 1995-03-01

Seventh Assembly First Session 28/02/1995 Parliamentary Record No. 9
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Date : 01/03/1995

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1. MEETING:

The Assembly met at 10.00 a.m., pursuant to adjournment. 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 Year 11 students from Katherine High School and their teacher Clint Waring; Year 6/7 students from Parap Primary School and their teachers Len West, Stephen Morrison and Sylvia Siskamanis; and students from the Adult Migrant Education Centre and their lecturer Peter McGuire.

On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

4. DISTINGUISHED VISITOR:

The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the gallery of Mr Bern Kilgariff, a former Speaker of the Legislative Assembly and Senator for the Northern Territory.

On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

5. PETITIONS:

The Member for Victoria River (Mr Baldwin) presented a petition from 5 petitioners requesting the Assembly refer the proposed Bill, entitled Rights of the Terminally Ill, 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 469).

The Member for Greatorex (Dr Lim) presented a petition from 20 petitioners requesting the Assembly refer the proposed Bill, entitled Rights of the Terminally Ill, 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 470).

The Member for Barkly (Mrs Hickey) presented a petition from 46 petitioners requesting the Assembly refer the proposed Bill, entitled Rights of the Terminally Ill, 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 471).

6. NOTICE:

The following notice was given -

Mr Coulter: To move - That, in accordance with the

Territory Parks and Wildlife Conservation Act

, this Assembly resolves to recommend to the Administrator that, pursuant to section 13(1) of that Act, he amend Notice dated 30 June 1978 and published at page 3 of

Gazette

No. 26A on that day, by omitting from Schedule 2 to that Notice, the item relating to the Cape Hotham Flora and Fauna Reserve.

7. QUESTIONS:

Questions were asked of Ministers.

Paper tabled:

The Chief Minister (Mr Perron) laid on the Table the following Paper -

• Letter, Hon Marshall Perron, MLA, Chief Minister to Hon Paul Keating, MP, Prime Minister, dated 21 February 1995 (Paper 460).

A further question was asked of a Minister.

Paper tabled:

The Minister for Tourism (Mr Coulter) laid on the Table the following Paper -

• Tourism Advertisement “Dear Daryl, should we holiday in the Top End in the wet season or take a rain check ‘til later?” (Paper 461).

A further question was asked of a Minister.

Paper tabled:

The Leader of the Opposition (Mr Ede

)

, by leave, laid on the Table the following Paper -

• Extract “On Nightcliff Police Station Hours”, Member for Nightcliff’s electorate newsletter (Paper 462).

Further questions were asked of Ministers.

Paper tabled:

The Leader of the Opposition (Mr Ede

)

, by leave, laid on the Table the following Paper -

• Letter, Hon Warren Snowdon, MHR, to Hon Steve Hatton, MLA, Minister for Lands, Housing and Local Government, dated 3 February 1995 (Paper 463).

Supplementary answers:

The Minister for Primary Industry and Fisheries (Mr Palmer) gave a supplementary answer to a question asked by the Member for Nelson (Mrs Padgham - Purich) during Question Time on Tuesday 28 February 1995.

The Minister for Health and Community Services (Mr Reed) gave a supplementary answer to a question asked by the Member for Macdonnell (Mr Bell) during Question Time last week.

8. CENTENARY OF WOMEN’S SUFFRAGE IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - STATEMENT NOTED:

The Chief Minister (Mr Perron) made a Statement relating to the Centenary of Women’s Suffrage in the Northern Territory and South Australia (Paper 464).

Paper tabled:

Mr Perron laid on the Table the following Paper -

• “Women & Parliaments in Australia and New Zealand”, a discussion paper prepared by Coopers & Lybrand for the Commonwealth - State Ministers’ Conference on the Status of Women, September 1994 (Paper 465).

Mr Perron moved - That the Assembly take note of the Statement.

Debate ensued.

____________________

Suspension of sitting:

The sitting was suspended between 11.45 a.m. and 2.15 p.m.

____________________

Debate resumed.

Question - put and passed.

9. POSSESSION LIMITS FOR RECREATIONAL FISHERMEN IN THE NORTHERN TERRITORY - MINISTERIAL STATEMENT - STATEMENT NOTED:

The Minister for Primary Industry and Fisheries (Mr Palmer) made a Statement relating to the options for implementing a possession limit on recreational fishermen (Paper 466).

Papers tabled:

Mr Palmer laid on the Table the following Papers -

• Discussion Paper - “Personal Possession Limits for Northern Territory Recreational Fishermen”, Department of Primary Industry and Fisheries (Paper 467); and

• “Recreational Fishing in Australia, A National Policy”, National Recreational Fisheries Working Group, December 1994 (Paper 468).

Mr Palmer moved - That the Assembly take note of the Statement.

Debate ensued.

Question - put and passed.

10. HUMAN RESOURCE DEVELOPMENT IN THE NORTHERN TERRITORY PUBLIC SECTOR - MINISTERIAL STATEMENT - STATEMENT NOTED:

The Minister for Public Employment (Mr Poole) made a Statement relating to the importance of staff training and development in the public sector and on the nature and extent of some of the key programs (Paper 472).

Papers tabled:

Mr Poole laid on the Table the following Papers -

• “HRD Evaluation Criteria”, Office of the Auditor-General (Paper 474); and

• “Northern Territory Public Sector, Human Resource Development Expenditure 1993/94”, Office of the Commissioner for Public Employment (Paper 473).

Mr Poole moved - That the Assembly take note of the Statement.

Debate ensued.

Question - put and passed.

11. PROVISION OF SERVICES TO RETAIN TEACHERS IN REMOTE COMMUNITIES - MATTER OF PUBLIC IMPORTANCE:

The Speaker informed the Assembly that the Member for Nhulunbuy (Mr Stirling) had proposed the following definite matter of public importance be submitted to the Assembly for discussion this day:

“this Assembly’s concern at the failure of the Northern Territory Government to adopt effective policies and provide appropriate conditions and support services to attract and keep teachers in remote communities.”

The proposed discussion having received the necessary support -

The Speaker called on Mr Stirling to address the Assembly.

Discussion ensued.

Discussion concluded.

12. APPROPRIATION BILL (No. 2) 1994 - 95 (Serial 72):

The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to authorise the issuing and expending of the public moneys of the Territory in respect of the year ending 30 June 1995, the subject of the Administrator’s Message No. 9 read on 28 February 1995.

Bill read a first time.

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.

13. FINANCIAL MANAGEMENT (CONSEQUENTIAL AMENDMENTS) BILL 1995 (Serial 73):

The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend various Acts consequential on the passing of the

Financial Management Act 1995

, the subject of the Administrator's Message No. 10 read on 28 February 1995.

Bill read a first time.

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.

14. RACING AND BETTING AMENDMENT BILL 1995 (Serial 76):

The Treasurer (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the

Racing and Betting Act

Bill read a first time.

Mr Coulter moved - That the Bill be now read a second time.

On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

15. OMBUDSMAN (NORTHERN TERRITORY) AMENDMENT BILL 1995 (Serial 75):

The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the

Ombudsman (Northern Territory) 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.

16. LANDS ACQUISITION AMENDMENT BILL 1995 (Serial 63):

The Minister for Lands, Housing and Local Government (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the

Lands Acquisition Act

Bill read a first time.

Mr Hatton moved - That the Bill be now read a second time.

On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

17. PASTORAL LAND AMENDMENT BILL 1995 (Serial 64):

The Minister for Lands, Housing and Local Government (Mr Hatton), pursuant to notice, presented a Bill for an Act to amend the

Pastoral Land Act

Bill read a first time.

Mr Hatton moved - That the Bill be now read a second time.

On the motion of the Deputy Leader of the Opposition (Mrs Hickey) debate was adjourned.

18. AGENTS LICENSING AMENDMENT BILL 1995 (Serial 74):

The Attorney-General (Mr Finch), pursuant to notice, presented a Bill for an Act to amend the

Agents Licensing Act

Bill read a first time.

Mr Finch moved - That the Bill be now read a second time.

On the motion of the Deputy Leader of the Opposition (Mrs Hickey) debate was adjourned.

19. APPROPRIATION BILL (No. 2) 1994-95 (Serial 72); FINANCIAL MANAGEMENT (CONSEQUENTIAL AMENDMENTS) BILL 1995 (Serial 73); AND FINANCIAL MANAGEMENT BILL 1994 (Serial 51):

Suspension of Standing Orders - Take three Bills together and pass two Bills through all stages:

The Treasurer (Mr Coulter) moved - That so much of Standing Orders be suspended as would prevent the Appropriation Bill (No. 2) 1994-95 (Serial 72); and the Financial Management (Consequential Amendments) Bill 1995 (Serial 73) -

(a) passing through all stages at these sittings, and

(b) Orders of the Day, Government Business relating to the Financial Management Bill 1994 (Serial 51) being taken together respectively the second readings, the Committee’s report stage, and the third readings of the Bills together; and

Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.

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.

_______________________________

In the Committee
(Chairman - Mr Setter)

Appropriation Bill (No. 2) 1994-95 (Serial 72):

Bill, by leave, taken as a whole and agreed to.

Bill to be reported without amendment.

Financial Management (Consequential Amendments) Bill 1995 (Serial 73):

Bill, by leave, taken as a whole.

The Leader of the Opposition (Mr Ede), by leave, moved the following amendments together -

In clause 15, omit from proposed section 43(2) “Before submitting the financial statement referred to in subsection (1)(a)(i) to the Minister, the Investment Board shall forward it” and insert in its stead “The Investment Board shall, within 3 months immediately following the end of the financial year to which the statement relates, forward the financial statement referred to in subsection (1)(a)(i)”;

In clause 18, insert in proposed section 27, before subsection (1), the following:

“(1A) The Board shall, within the period of 6 months immediately following the end of the financial year or such other period as the Minister determines, prepare a report on the operations of the Office during the financial year and forward it to the Minister.

“(1AA) The Minister shall table the report under subsection (1A), together with the financial statement and report of the Auditor-General on the financial statement required pursuant to subsection (1), in the Legislative Assembly within 6 sitting days of the Assembly after the delivery of the later of the reports to the Minister.”;

In clause 18, Omit from proposed section 27(1) “Section 10” and insert in its stead “Subject to subsection (1AA), section 10”;

In the Schedule, insert in proposed section 38 in column 3 in the part of the Schedule relating to the

Cobourg Peninsula Aboriginal Land and Sanctuary Act

, before proposed subsection (1), the following:

“(1A) The Board shall, within the period of 6 months immediately following the end of the financial year, or such other period as the Minister determines, prepare a report on its operations during the financial year and forward it to the Minister.

In the Schedule, omit from proposed section 38(1) in column 3 in the part of the Schedule relating to

Cobourg Peninsula Aboriginal Land and Sanctuary Act

“Section 10” and insert in its stead “Subject to subsection (1AA), section 10”;

In the Schedule, omit from column 1 in the part of the Schedule relating to the

Education Act

, “Sections 53, 57, 60 and 60B” and insert in its stead “Sections 53, 57 and 60”;

In the Schedule, insert in the part of the Schedule relating to the

Education Act

, immediately after the first item, the following:

“Section 60B the whole section

‘60B. ANNUAL REPORT

(1) The Director of a college that is an Agency for the purposes of the

Financial Management Act

shall, within the period of 6 months immediately following the end of the financial year or such other period as the Minister determines, prepare a report on the operations of the college during the financial year and forward it to the Minister.

(2) The Minister shall table the report under subsection (1), together with the financial statement and report of the Auditor-General on the financial statement required under section 10 or 11 of the

Financial Management Act,

in the Legislative Assembly within 6 sitting days of the Assembly after the delivery of the later of the reports to the Minister.’.”;

In the Schedule, insert after the part of the Schedule relating to Hospital Management Boards Act the following:

“Housing Act
Heading to the whole heading ‘PART VII - MISCELLANEOUS
Part VII

29. ANNUAL REPORT

(1) The Commissioner shall, within the period of 6 months immediately following the end of the financial year or such other period as the Minister determines, prepare a report on the operations of the Commission during the financial year and forward it to the Minister.

(2) The Minister shall table the report under subsection (1), together with the financial statements and report of the Auditor-General on the financial statements required under section 10 or 11 of the

Financial Management Act,

in the Legislative Assembly within 6 sitting days of the Assembly after the delivery of the later of the reports to the Minister.’.”;

In the Schedule, insert in proposed section 28 in column 3 in the part of the Schedule relating to the

Jabiru Town Development Act,

before proposed subsection (1), the following:

“(1A) The Authority shall, within the period of 6 months immediately following the end of the financial year or such other period as the Minister determines, prepare a report on its operations during the financial year and forward it to the Minister.

In the Schedule, omit from proposed section 28(1) in column 3 in the part of the Schedule relating to the

Jabiru Town Development Act

“Section 10” and insert in its stead “Subject to subsection (1AA), section 10”;

In the Schedule, insert in proposed section 21 in column 3 in the part of the Schedule relating to the

Licensed Surveyors Act,

before proposed subsection (1), the following:

In the Schedule, omit from proposed section 21(1) in column 3 in the part of the Schedule relating to the

Licensed Surveyors Act

“Section 10” and insert in its stead “Subject to subsection (1AA), section 10”;

In the Schedule, insert in proposed section 26 in column 3 in the part of the Schedule relating to the

Nitmiluk (Katherine Gorge) National Park Act,

before proposed subsection (1) the following:

“(1AA) The Minister shall table the report under subsection (1A), together with the financial statement and report of the Auditor-General on the financial statement required pursuant to (1), in the Legislative Assembly within 6 sitting days of the Assembly after the delivery of the later of the reports to the Minister.”;

In the Schedule, omit from proposed section 26(1) in column 3 in the part of the Schedule relating to the

Nitmiluk (Katherine Gorge)National Park Act

“Section 10” and insert in its stead “Subject to subsection (1AA), section 10”; and

In the Schedule, insert in column 3, opposite to “Section 27” in column 1 of the part of the Schedule relating to the

Northern Territory Tourist Commission Act,

the following:

“27. ANNUAL REPORT

“(1) The Commission shall, within the period of 6 months immediately following the end of the financial year, or such other period as the Minister determines, prepare a report on its operations during the financial year and forward it to the Minister.

“(2) The Minister shall table the report under subsection (1), together with the financial statement and report of the Auditor-General on the financial statement required under section 10 or 11 of the

Financial Management Act,

in the Legislative Assembly within 6 sitting days of the Assembly after the delivery of the later of the reports to the Minister.”.

Paper tabled:

Mr Ede, by leave, laid on the Table the following Paper -

• Letter, Iain Summers, Auditor-General for the Northern Territory to Mr Brian Ede, MLA, dated 28 February 1995 (Paper 475).

Amendments agreed, to after debate.

Bill, as amended, agreed to.

Bill to be reported with amendments.

Financial Management Bill 1994 (Serial 51):

Clauses 1 and 2, by leave, taken together and agreed to.

Clause 3 read.

On the motion of the Treasurer (Mr Coulter) the following amendment was agreed to -

Omit from subclause (1) the definition of “Agency” and insert in its stead the following:

“ ‘Agency’ means a unit of government administration, or office or statutory corporation, nominated in an Administrative Arrangements Order as an Agency for the purposes of this Act, and includes, where the case requires, a part or division (by whatever name called) of an Agency;”.

On the motion of Mr Coulter the following further amendment was agreed to -

Omit from subsection (1) the definition of “Allocation” and insert in its stead the following:

“ ‘Allocation’ means -

(a) the amount specified in an Appropriation Act as available for expenditure on an Activity, and includes any variation in that amount authorised in accordance with this or any other Act; or

(b) an amount required by any other Act to be provided from the public moneys of the Territory for expenditure on a particular Activity or for a particular purpose;”.

Clause 3, as amended, agreed to.

Clauses 4 to 8, by leave, taken together and agreed to.

Clause 9 read.

On the motion of the Leader of the Opposition (Mr Ede) the following amendment was agreed to, after debate -

Insert after clause 9 (1) (f) the following:

“ (g) ex gratia payments that the Treasurer directs under section 37.”.

Clause 9, as amended, agreed to.

Clause 10 read.

Mr Ede moved the following amendment -

Omit from clause 10 (1) “3” and insert “2”.

Amendment negatived, after debate.

On the motion of Mr Ede the following amendment was agreed to, after debate -

Omit from clause 10 (3) “3” and insert “2”.

Clause 10, as amended, agreed to.

Clauses 11 to 18, by leave, taken together and agreed to.

Clause 19 read.

On the motion of Mr Coulter the following amendment was agreed to -

Omit from subclause (1) “Allocation” and insert in its stead “Allocation to the Treasurer’s Advance”.

Clause 19, as amended, agreed to.

Clauses 20 to 30, by leave, taken together and agreed to.

Clause 31 read.

Mr Ede moved the following amendment -

Omit from clause 31 (2) “advance” and insert “advance, and shall be tabled in the Legislative Assembly within 6 sitting days after the Treasurer approves the arrangement for the lending”.

Amendment negatived, after debate.

Clause 31 agreed to.

Remainder of the Bill, by leave, taken together and agreed to.

Bill to be reported with amendments.

______________________________

The Speaker (Mr McCarthy) resumed the Chair; and the Chairman (Mr Setter) reported that the Committee had considered the Bills and agreed to the Appropriation Bill (No. 2) 1994-95 (Serial 72) without amendment; and the Financial Management (Consequential Amendments) Bill 1995 (Serial 73) and Financial Management Bill 1994 (Serial 51) with amendments; and the reports were adopted.

On the motion of the Treasurer (Mr Coulter) the Bills were read a third time and passed to be proposed laws.

20. PLANS OF MANAGEMENT, MAY 1994 - BARROW CREEK TELEGRAPH STATION HISTORICAL RESERVE; CORROBOREE ROCK CONSERVATION RESERVE AND TREPHINA GORGE NATURE PARK - PAPERS AND STATEMENTS NOTED:

The order of the day having been read for the resumption of the debate on the question - That the motion to note the Papers and Statement be agreed to -

Debate ensued.

Question - put and passed.

21. ADJOURNMENT:

The Leader of Government Business (Mr Stone) moved - That the Assembly do now adjourn.

Debate ensued.

Papers tabled:

The Member for Wanguri (Mr Bailey), by leave laid on the Table the following Papers -

• Letter, Dave Field, Executive Assistant, Policy and Administration, Fisheries Division to Mr Michael Grant, Legal Officer, Department of Law, dated 5 January 1995 (Paper 476) and the following Attachments -

• Attachment 1 - File Note - Conservation Commission - Environment Protection Unit, General Enquiry and Report Register, Subject: Coastal/Marine Management Report, dated 6 October 1994 (Paper 477);

• Attachment 2 - Facsimile, Mary Anne McKaige, Environmental Scientist Coastal/Marine Group to Roland Griffen, DPIF, Fisheries Research, dated 27 October 1994 and maps (Paper 478);

• Attachment 4 - Letter, Mary Anne McKaige for Director of Conservation to Darryl Grey, Director of Fisheries, dated 28 October 1994 (Paper 479);

• Attachment 5 - Report on fish kill at Dundee Beach (Paper 480);

• Attachment 6 - cc: Mail Message from Roland Griffen to Darryl Grey, 27 October 1994 (Paper 481);

• Attachment 7 - Notes on Meeting held at BARC 8/12/94 to discuss coastal creek flood plain damage at Dundee Beach (Paper 482);

• Attachment 8 - Memorandum, Rex Pyne, A/Director Fisheries to Minister re coastal creek flood plain damage at Dundee Beach (Paper 483);

• Attachment 9 - Letter, Matti Urvet, Director of Conservation to Mr R J Beadman, Secretary, Department of Lands, Housing and Local Government, dated 14 December 1994 (Paper 484); and

• Memorandum, Minister for Primary Industry and Fisheries to Minister for Lands, Housing and Local Government (Paper 485).

Debate continued.

Papers tabled:

The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following papers -

Letter, Hon S Hatton, MLA, Minister for Lands, Housing and Local Government to Mr J D Sanders, Director, Dundee Beach Pty Ltd, dated 27 January 1995 (Paper 486); and

Letter, Paul Procter, Company Secretary, Dundee Beach Pty Ltd to Hon S Hatton, MLA, Minister for Lands, Housing and Local Government, dated 1 February 1995 (Paper 487).

Debate continued.

Question - put and passed.

And the Assembly adjourned at 10.40 p.m. until tomorrow at 10.00 a.m.

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ATTENDANCE:

All Members attended the sitting.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 1995-03-01