Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1992-11-17

Sixth Assembly First Session 17/11/1992 Parliamentary Record No. 14
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Date : 17/11/1992
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to resolution of the Assembly dated 1 October 1992.
The Speaker, the Honourable N.M. Dondas, took the Chair.

2. PRAYERS.

3. RETURN TO WRIT - ARAFURA DIVISION:
The Acting Clerk produced and tabled the Return to the Writ issued by the Administrator on 22 October 1992
for the election of a Member to fill the vacancy in the division of Arafura caused by the death of Stanley Gabriel Tipiloura.
By endorsement on the Writ dated 10 November 1992, it was certified that Maurice Joseph Rioli had been elected.

4. MEMBER SWORN - MR M.J. RIOLI:
The Member for Arafura, Maurice Joseph Rioli, was admitted to the Chamber, made and subscribed oaths of allegiance
and of office, and was conducted to his place.

5. PETITION:
Mr Finch presented a petition from 295 citizens of the Northern Territory relating to the affect legislation banning the use
of two-way radios in Alice Radio cars will have on reservation procedures.
Petition read.

6. NOTICE:
The following notice was given:

Mr Ede: To move - That - this Assembly censures the Chief Minister for his failure to exercise proper control and direction in his areas
of ministerial responsibility throughout the period of the Government's involvement with DJFM and Dalway Pty Limited.

7. PROPOSED CENSURE OF THE CHIEF MINISTER - FAILURE TO EXERCISE CONTROL OF MINISTERIAL RESPONSIBILITY - MOTION NEGATIVED:
The Leader of Government Business (Mr Setter) informed the Assembly that the Government, pursuant to Standing Order 95,
accepted the notice of motion as a censure motion.
The Leader of the Opposition (Mr Ede) thereupon moved -
That - this Assembly censures the Chief Minister for his failure to exercise proper control and direction in his areas of ministerial responsibility throughout the period of the Government's involvement with DJFM and Dalway Pty Limited.
Papers tabled: Mr Ede, by leave, laid on the Table the following Papers -

Report of the Royal Commission into Commercial Activities of Government and other Matters, 1992, Western Australia,
Extract Part 1, Volume 6, pages 27.3, 27.4, and 27.5;
Memorandum, C.J. Fuller, Secretary, Department of Industries and Development to Hon. M.B. Perron, MLA, Minister for
Industries and Development, dated 15 April 1988 ;
File note, to Hon. M. Perron, MLA, dated 5 January 1989;
Hand written note to "Barry" signed by "M", undated; and
Written Question (No.136) and Answers, Mr Ede to Minister for Lands and Housing re Territory Insurance Office.

Debate continued.
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Distinguished visitors - Senator Bob Collins and Mr W. Snowdon, MP:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Senator the Honourable Bob Collins, Commonwealth Minister for Transport and Communications, and former Member of this Assembly, and the Honourable Warren Snowdon, Parliamentary Secretary to the Commonwealth Minister for Employment, Education and Training, and Member for the Northern Territory in the House of Representatives.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitors.
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Debate continued.
The Treasurer (Mr Coulter) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -

AYES, 13 NOES, 10

Mr Coulter Mr Bailey
Mr Dondas Mr Bell
Mr Finch Mr Cartwright
Mr Hatton Mr Ede
Mr Manzie Mrs Hickey
Mr McCarthy Mr Lanhupuy
Mr Ortmann Mrs Padgham-Purich
Mr Perron Mr Parish
Mr Poole Mr Rioli
Mr Reed Mr Stirling
Mr Setter
Mr Stone
Mr Vale

And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -

AYES, 9 NOES, 14

Mr Bailey Mr Coulter
Mr Bell Mr Dondas
Mr Cartwright Mr Finch
Mr Ede Mr Hatton
Mrs Hickey Mr Manzie
Mr Lanhupuy Mr McCarthy
Mr Parish Mr Ortmann
Mr Rioli Mrs Padgham-Purich
Mr Stirling Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale

Motion negatived accordingly.
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Suspension of sitting: The sitting was suspended between 11.51 a.m. and 2.00 p.m.
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8. MINERAL ROYALTY AMENDMENT BILL 1992 (Serial 162):
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.
The Assembly, according to Order, resolved itself into Committee of the Whole for consideration of the Bill.
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In the Committee
(Deputy Chairman - Mr McCarthy)

Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
On the motion of the Minister for Mines and Energy (Mr Coulter) the following amendment was agreed to -

Omit from subclause (1) "Pty.".

Clause 5, as amended, agreed to.
Clause 6 read.
On the motion of Mr Coulter the following amendment was agreed to, after debate -

Omit from proposed section 4AA subsection (1).

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

Omit from proposed section 4AA(2) "an exempt mineral commodity" and insert
in its stead "a mineral commodity that is not a saleable mineral commodity".

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

Omit from proposed section 4AA(2) "immediately before" and insert in its stead
"immediately before the stage at or beyond which".

Clause 6, as amended, agreed to.
Clause 7 read.
On the motion of Mr Coulter the following amendment was agreed to -

Omit from proposed section 4CA "rate of".

The Member for Barkly (Mrs Hickey) moved the following amendment -

Insert at the end of proposed new section 4CA the following:

"(2) An agreement entered into under subsection (1) shall be tabled by the
Minister in the Legislative Assembly within 6 sitting days.".

Debate ensued.
Amendment negatived.
Clause 7, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
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The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
On the motion of Mr Coulter the Bill was read a third time and passed to be a proposed law.

9. DOMESTIC VIOLENCE BILL 1992 (Serial 184); and JUSTICES AMENDMENT BILL 1992 (Serial 183):
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 resumed.
Question - put and passed.
Bills read a second time.
The Attorney-General (Mr Manzie) moved - That the Committee stages be later taken.
Question - put and passed.

10. ANTI-DISCRIMINATION BILL 1992 (Serial 188):
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.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -

Letter, Anonymous to Mr N. Bell, MLA, unsigned and undated.

Debate continued.
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.
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In the Committee
(Chairman - Mr Poole)

Clauses 1 to 18, by leave, taken together and agreed to.
Clause 19 read.
The Member for Nhulunbuy (Mr Stirling) moved the following amendment -

Insert in subclause (1) after "shall not" the words ", whether directly or indirectly,".

Debate ensued.
Amendment negatived.
Clause 19 agreed to.
Clauses 20 to 34, by leave, taken together and agreed to.
Clause 35 read.
Mr Stirling moved the following amendment -

Omit "accommodated" and insert in its stead the following:

"accommodated; or

(c) if the discrimination is based on a requirement that the other person be
a member of a trade union as a condition of a contract of employment.".

Debate ensued.
Amendment negatived.
Clause 35 agreed to.
Clause 36 agreed to.
Clause 37 read.
Mr Stirling moved the following amendment -

Omit the clause and insert in its stead the following:

"37. THIS ACT NOT A DEFENCE

"This Act or any provision of this Act shall not be pleaded as a defence in any
disciplinary proceedings where the person who is the subject of those
proceedings is responsible for the care, instruction or supervision of a child.".

Debate ensued.
Amendment negatived.
Clause 37 agreed to.
Clauses 38 to 59, by leave, taken together and agreed to.
Clause 60 read.
Mr Stirling moved the following amendment -

Omit "conduct; or" and insert in its stead:

"conduct;

(ab) an agent of the person referred to in paragraph (a);
or".

Amendment negatived.
Clause 60 agreed to.
Clause 61 agreed to.
Mr Stirling moved that the following new clause be inserted -

"61A. REPRESENTATIVE COMPLAINTS

"(1) If a complaint alleges that a number of people
were the subject of prohibited conduct, the
Commissioner must determine whether the complaint
should be dealt with as a representative complaint.

"(2) The complaint may be dealt with as a
representative complaint if the Commissioner is
satisfied that -

(a) the complainant is a member of a class of
people, the members of which have been
affected, or are reasonably likely to be
effected by, the respondent's conduct;

(b) the complainant has been affected by the
respondent's conduct;

(c) the class is so numerous that joinder of all
its members is impracticable;

(d) there are questions of law or fact common to
all members;

(e) the material allegations in the complaint are
the same as, or similar or related to, the
material allegations in relation to other
members of the class; and

(f) the respondent has acted on grounds
apparently applying to the class as a whole.

"(3) If the Commissioner is satisfied that -

(a) the complaint is made in good faith as a
representative complaint; and

(b) the justice of the case demands that the
matter be dealt with by means of a
substantive complaint;

the Commissioner may deal with the complaint as a
representative complaint even if the criteria set out
in subsection (1) have not been satisfied.".

Debate ensued.
Question - put and negatived.
Clauses 62 to 72, by leave, taken together and agreed to.
Clause 73 read.
Mr Stirling moved the following amendent -

Add at the end the following:

"(2) Where -

(a) a person acts as the employee or agent of
another person; and

(b) a complaint is accepted under section 66 in
relation to the first-mentioned persons in
paragraph (a),

that other person is also liable in relation to the matters specified
in the complaint and may be joined as a respondent by the
Commissioner unless that other person proves on balance of
probabilities to the Commissioner that he or she took reasonable
steps to prevent the employee or agent, as the case requires, from
contravening this Act.".

Debate ensued.
Amendment negatived.
Clause 73 agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Minister for Public Employment (Mr Stone) the Bill was read a third time and passed to be a proposed law.

11. ADJOURNMENT:
The Chief Minister (Mr Perron) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper:

Newspaper Articles, "Police leaks inquiry widens" and "Glare sent warning on
Gill in February", The Age, dated 26 September 1992.

Debate continued.
Question - put and passed.
The Assembly adjourned at 10.45 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 17 November 1992:

Annual Reports:
Department of the Legislative Assembly, 1991-92
Legislative Assembly Members' Superannuation Trust, 1991-92
Mental Health Act, 1991-92
Northern Territory Police, Fire and Emergency Services, 1991-92
Office of Local Government, 1991-92
Public Trustee for the Northern Territory, 1991-92
Work Health Authority and Work Health Advisory Council, 1991-92

By-laws:
Borroloola Community Government Council (Control of Dogs) By-laws
Mataranka Community Government Council (Control of Dogs) By-laws

Community Government Scheme:
Yulara

Financial Statements:
Austrust Limited and its controlled entity, 1991-92
Executor Trustee Australia Limited, 1991-92

Hospital Management Boards:
Gove District Hospital, 1991-92
Katherine Hospital, 1991-92
Tennant Creek Hospital, 1991-92

Law Society Public Purposes Trust Act:
Deed of Variation to the Law Society Public Purposes Trust Fund

Police Administration Act:
Consent Agreement, pursuant to Section 51(b), dated 25 September 1992

Regulations 1992:
No. 47, Amendment of Water Supply and Sewerage Regulations
No. 48, Amendments of Trade Measurement (Charges and Fees) Regulations
No. 49, Amendments of Small Claims Rules
No. 50, Public Trustee (Elections to Administer Estates) Regulations
No. 51, Amendment of Architects Regulations
No. 52, Evidence (Order for taking of Evidence) Regulations
No. 53, Amendments of Crimes (Forfeiture of Proceeds) Regulations
No. 54, Amendment of Building Regulations
No. 55, Tourist Vehicles Regulations
No. 56, Passenger Bus Regulations
No. 57, Private Hire Car Regulations
No. 58, Taxis Regulations
No. 59, Amendment of Financial Institutions Duty Regulations
No. 60, Commercial Passenger (Miscellaneous) Regulations
No. 61, Amendments of the Motor Vehicles Regulations
No. 62, Amendment of Police Administration (Fees) Regulations
No. 63, Amendment of Justices (Territory Infringement Notices
Enforcement Scheme) Regulations
No. 64, Tobacco Regulations
No. 65, Amendment of the Planning Regulations
No. 66, Amendments of the Jabiru Town Development (Accounting) Regulations
No. 67, Amendments of the Motor Accidents (Compensation) Rates of Benefit Regulations

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ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016