Minutes of Proceedings - 1991-08-20
Sixth Assembly First Session 13/08/1991 Parliamentary Record No. 4
__________________________________________________________________________________
Date : 20/08/1991__________________________________________________________________________________
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.3
I, JAMES HENRY MUIRHEAD, 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 appropriate certain sums out of the Consolidated Fund for the
year ending 30 June 1992.
Dated 14 August 1991.
(Sgd) J.H. MUIRHEAD
Administrator
4. LEAVE OF ABSENCE:
The Leader of Government Business (Mr Setter) moved - That leave of absence be granted to the Chief Minister
(Mr Perron) for today on account of ill health.
Question - put and passed.
5. PETITIONS:
Mr Bell presented a petition from 20 citizens of the Northern Territory requesting the Assembly to recognise the
detriment to the quality of education for Northern Territory children that proposed cuts to educational
services will have and to reverse these decisions.
Petition read.
Mr Bailey presented a petition from 29 citizens of the Northern Territory in similar terms to the petition
presented by Mr Bell.
Mrs Padgham-Purich presented a petition from 24 citizens of the Northern Territory in similar terms to the petition
presented by Mr Bell.
6. NOTICES:
The following notices were given:
Mr Stirling: To move - That -
(1) this Assembly -
(a) notes the essential work done by the Northern Territory ABC Radio sports section;
(b) condemns the abolition of the position of Northern Territory sports journalist by Sydney-based
ABC Radio management; and
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(c) requests the immediate reversal of that decision; and
(2) the Speaker forward the Terms of this Resolution to the Chairman of the Australian Broadcasting
Corporation forthwith.
Mrs Hickey: To move - That this Assembly -
(1) notes that, since its election in October 1990, the Northern Territory Government has introduced a
programme of savage cuts on social services, welfare and education; and
(2) is of the opinion that these savage cuts:
(a) have had the effect of making the Territory a less attractive place to live and work; and
(b) have placed at risk the future development of the Northern Territory.
Mr Bell: To move - That this Assembly -
(1) notes the Report of the Northern Territory Law Reform Committee entitled "Report on Appeals from
Administrative Decisions"; and
(2) declares its intention to introduce and pass legislation which will incorporate the recommendations of
the Committee in Territory Law.
Mr Bell: To move - That this Assembly -
1. adopt a practice whereby on any sitting day where the motion that the Assembly do now adjourn",
pursuant to Standing Orders 41 and 42, has not been moved before 6.00 pm, the sitting of the
Assembly be suspended for one and a half hours from the completion of the speech being made
at that time; and
2. refer the matter of civilised evening meal arrangements to the House Committee.
Mr Collins: To present the Pornographic Videos (Prohibition) Bill 1991 (Serial 95).
Mr Stone: To present the Northern Territory Employment and Training Authority Bill 1991 (Serial 89).
Mr Stone: To present the Education Amendment Bill (No.2) 1991 (Serial 90).
Mr Manzie: To present the Trustee Amendment Bill 1991 (Serial 84).
Mr Manzie: To present the Supreme Court Amendment Bill 1991 (Serial 91).
Mr Manzie: To present the Classification of Publications Amendment Bill 1991 (Serial 93).
Mr Manzie: To present the Film Classification Act Repeal Bill 1991 (Serial 94).
7. QUESTIONS:
Questions were asked of Ministers.
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8. APPROPRIATION BILL 1991-92 (Serial 88) - BUDGET SPEECH:
Broadcast of Budget Speech: The Speaker advised the Assembly of arrangements he had agreed to for the
broadcast and rebroadcast of the Treasurer's budget speech and the reply by the Leader of the Opposition.
The Treasurer (Mr Coulter), presented a Bill for an Act to appropriate certain sums out of the Consolidated Fund
for the service of the year ending 30 June 1992, the subject of His Honour the Administrator's Message No.3.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
Papers tabled: Mr Coulter laid on the Table the following Budget Papers -
. Budget Speech, 1991-92;
. Appropriation Bill, 1991-92;
. Overview, 1991-92;
. Detailed Estimates, 1991-92;
. Capital Works, 1991-92;
. The Northern Territory Economy 1991-92;
. Comparative Analysis of Selected Taxes and Charges in the Northern Territory and the States,
dated August 1991;
. Regional Highlights, Alice Springs, 1991-92;
. Regional Highlights, Darwin, 1991-92;
. Regional Highlights, East Arnhem, 1991-92;
. Regional Highlights, Katherine, 1991-92;
. Regional Highlights, Palmerston and Rural, 1991-92; and
. Regional Highlights, Tennant Creek, 1991-92.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
9. DISABILITY SERVICES POLICY - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Health and Community Services (Mr Manzie) made a statement relating to a Disability Services Policy.
Paper tabled: Mr Manzie laid on the Table the following Paper -
. Northern Territory Government Disability Services Policy, prepared by the Department of Health and
Community Services, dated June 1991.
Mr Manzie moved - That the Assembly take note of the Statement.
__________________
Suspension of sitting: The sitting was suspended between 11.49 a.m. and 2.00 p.m.
__________________
Debate ensued.
Ordered - That the debate be adjourned and that Mrs Hickey have leave to continue her remarks on the resumption of the debate.
10. LISTENING DEVICES AMENDMENT BILL 1991 (Serial 81):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Listening Devices Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
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11. MOTOR ACCIDENTS (COMPENSATION) AMENDMENT BILL 1991 (Serial 82):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the
Motor Accidents (Compensation) Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
12. NEW PARLIAMENT HOUSE COMMITTEE - VARIATION OF TERMS OF REFERENCE - MOTION:
The Leader of Government Business (Mr Setter), by leave, moved - That the terms of reference of the New
Parliament House Committee be varied by inserting after paragraph (1) the following paragraph:
(1A) That in the event of both of the Opposition Members of the New Parliament House Committee being unable
to attend a meeting of the Committee or one of its Sub-committees, an Opposition Member, nominated at
the time by the Leader of the Opposition as a proxy, may attend the Committee in his or her place and may
participate in the meeting of the Committee or Sub-committee as if he or she were a full member of that
Committee or Sub-committee.
Question - put and passed.
13. ACTING OMBUDSMAN - EXTENSION OF TERM - MOTION:
The Deputy Chief Minister (Mr Coulter), by leave, moved - That, pursuant to section 9 of the Ombudsman (Northern Territory) Act,
this Assembly recommend to His Honour the Administrator that Peter John Fisk be appointed to act in the Office of Ombudsman
during the current vacancy in that Office caused by the resignation of Robert Eadie until that vacancy is filled by an appointment
under section 4(3) of the Act.
Mr Coulter made a statement relating thereto.
Question - put and passed.
14. FURTHER NOTICE:
The following further notice was given, by leave:
Mr Coulter: To present the Police Administration Amendment Bill 1991 (Serial 92).
15. JUVENILE JUSTICE AMENDMENT BILL 1991 (Serial 45); and LAW REFORM (MISCELLANEOUS PROVISIONS) AMENDMENT BILL 1991 (Serial 46):
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 -
The Member for Macdonnell (Mr Bell) moved - Omit the word "now" and add "this day 6 months".
Debate ensued.
Paper tabled: Mr Bell, by leave, laid on the Table the following Paper -
. Statement issued by the Criminal Law Association of the Northern Territory, dated 17 August 1991.
Debate continued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
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AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mr Smith Mr McCarthy
Mr Stirling Mr Ortmann
Mr Tipiloura Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Amendment negatived accordingly.
Question - That the Bill be now read a second time - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bill.
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In the Committee
(Chairman - Mr Poole)
Juvenile Justice Amendment Bill 1991 (Serial 45):
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit from proposed section 55A(1) "the Court shall" and insert in its stead "the Court may".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Insert after proposed section 55A(4)(a) the following:
"(aa) unless it is satisfied that the parent has or the parents have, as the case may be, failed to
exercise reasonable supervision and control of the juvenile;".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from proposed section 55A(4)(b) "if" and unreasonable" and insert in their stead "unless" and reasonable", respectively.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Add at the end of proposed section 55A(4) the following:
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"(c) where the parent or either of the parents is in receipt of a pension or benefit under the Social Security Act 1947 of the Commonwealth.".
Debate ensued.
Amendment negatived.
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Insert after "fine" in proposed section 55B(1) "or sum of money".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from proposed section 55B(2) ", section 21A of the Criminal Law (Conditional Release of Offences) Act" and
"that section" (twice occurring) and insert in their stead "or sum of money, Part V (other than sections 20, 21 and 22)
of the Criminal Law (Conditional Release of Offenders) Act" and "in those sections of that Part", respectively.
Clause 5, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Law Reform (Miscellaneous Provisions) Amendment Bill 1991 (Serial 46):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit proposed subsection (4) and insert in its stead the following:
"(4) The maximum amount that may be recovered from any parent
or parents under subsection (2) (whether sued individually or
jointly) or the Territory under subsection (3) is $5,000 in
respect of damage caused by a child or detainee referred to in
those subsections, as the case may be.".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from proposed subsection (5)(b) "an act of" and insert in
its stead "damage caused by".
The Member for Wanguri (Mr Bailey), by leave, moved the following amendment -
Insert after "Juvenile Justice Act" the words "or in the
care of the Minister as defined in the Community Welfare Act".
Debate ensued.
Amendment negatived.
Mr Bell moved the following amendment -
Add at the end of proposed section 29A the following:
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"(6) A parent is only liable under subsection (2) if at the
time the relevant damage was caused the parent was not
exercising a level of supervision and control over the child's
activities that was appropriate in the circumstances.".
Debate ensued.
Question - That the words proposed to be added, be added - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 8 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Smith Mr Manzie
Mr Stirling Mr McCarthy
Mr Tipiloura Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
Clause 3, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
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The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills and agreed to the
Juvenile Justice Amendment Bill 1991 (Serial 45) with amendments and the Law Reform (Miscellaneous Provisions) Amendment Bill 1991 (Serial 46)
with amendments; and the report was adopted.
The Attorney-General (Mr Manzie) moved - That the Bills be now read a third time.
The Member for Macdonnell (Mr Bell) moved the following amendment:
Omit "now" and add "this day 6 months".
Debate ensued.
The Leader of Government Business (Mr Setter) 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, 15 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Smith
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mrs Padgham-Purich
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Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment moved by Mr Bell be agreed to - put and negatived.
Question - That the Bills be now read a third time - put and passed.
The Bills were read a third time and passed to be proposed laws.
16. WORK HEALTH AMENDMENT BILL 1991 (Serial 70):
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 a Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Chairman - Mr Poole)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
The Member for Millner (Mr Smith) moved the following amendment -
Omit "(a) by inserting after subsection (2) the following:" and insert in its stead the following:
"(a) by inserting after subsection (1) the following:
'(1A) Where, for the purposes of his employment, a worker is required to temporarily reside
away from his usual place of residence, then, without limiting subsection (1), an injury to
the worker shall be taken to arise "out of or in the course of his employment" if -
(a) the injury occurs during the period commencing
with the time the worker leaves his usual place
of residence or workplace to go to the place of
temporary residence or workplace and ending with
the time the worker returns to his usual place of
residence or workplace; and
(b) in the case where the injury occurs away from the
workplace, the worker's behaviour, having regard
to all the circumstances, did not materially add
to the risk of injury.';
(aa) by inserting after subsection (2) the following:".
Debate ensued.
Amendment negatived.
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On the motion of the Minister for Lands and Housing (Mr Ortmann) the following amendment was agreed to -
Omit from proposed subsection (2A)(b) "is travelling" and insert in its
stead "except as provided in subsection (2B), is travelling".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Insert after proposed subsection (2A) the following:
"(2B) Subsection (2A)(b) does not apply where a worker -
(a) is travelling between his place of residence and a
workplace, which is not his normal or usual
workplace, at the request of his employer; or
(b) is required by his employer to work outside his
normal hours of work while he is travelling between
his place of residence and a workplace and, in
accordance with the terms of his employment, he is
paid, in whole or in part, for the time taken to
travel to that workplace.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert after paragraph (c) the following:
"(d) by adding at the end the following:
'(8) For the purposes of this section, the employment of a
worker shall not be taken to have materially contributed to an
injury or disease or to an aggravation, acceleration or
exacerbation of a disease unless the employment was a real,
proximate or effective cause of the injury or disease or to the
aggravation, acceleration or exacerbation of the disease, as the
case may be .'.".
Clause 5, as amended, agreed to.
Mr Smith moved - That the following new clause be inserted into the Bill -
"5A. DISCRIMINATION AGAINST WORKERS, &c.
"Section 45 of the Principal Act is amended by inserting after
paragraph (c) the following:
'(ca) ceases work in pursuance of section 32(1); or'.".
Debate ensued.
Proposed new clause negatived.
Clause 6 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit paragraphs (a) and (b) and insert in their stead the following:
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"(a) by omitting paragraph (d) of the definition of 'normal
weekly earnings' in subsection (1) and substituting the
following:
'(d) where -
(i) by reason of the shortness of time during which
the worker has been in the employment of his
employer, it is impracticable at the date of the
relevant injury to calculate the rate of relevant
remuneration in accordance with paragraph (a), (b)
or (c); or
(ii) remunerated in whole or in part other than by
reference to the number of hours worked,
the average gross weekly remuneration which,
during the 12 months immediately preceding the
date of the relevant injury, was earned by the
worker during the weeks that he was engaged in
paid employment;';".
Clause 6, as amended, agreed to.
Clause 7 agreed to.
Mr Smith moved - That the following new clause be inserted in the Bill -
"7A. LUMP SUM COMPENSATION IN RESPECT OF DEATH
"Section 62(1)(b) of the Principal Act is amended by omitting
'156' and substituting '208'.".
Debate ensued.
Proposed new clause negatived.
Clauses 8 to 11, by leave, taken together and agreed to.
On the motion of Mr Ortmann the following new clauses, by leave, were added to the Bill, after debate -
"12. COMMUTATION
"Section 74 of the Principal Act is amended -
(a) by omitting from subsection (1)(b) 'section
65(6)' and substituting 'section 65(6); and';
(b) by omitting subparagraph (iv) from subsection (1)(b); and
(c) by adding at the end the following:
'(3) Nothing in this section shall be construed as permitting
the payment of a commuted amount which is greater than an
amount equal to 156 times average weekly earnings at the
time the payment is made.'.
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"13. SAVING AND TRANSITIONAL
"Sections 70 and 71 of the Principal Act, as amended by this
Act, apply only to and in relation to a claim for compensation
by a worker who suffers an injury causing permanent impairment
after the commencement of this Act.".
Mr Smith moved - That the following new clause be added to the Bill -
"12. NEW SECTION
"The Principal Act is amended by inserting, after section 75,
the following:
'75A. PROVISION OF EMPLOYMENT, &c.
'In addition to any other compensation under this Part, an
employer shall take all reasonable steps to provide a worker
who has suffered an injury with suitable employment, or to
assist the worker in finding suitable employment and to pay
the costs of the assistance.'.".
Debate ensued.
Proposed new clause negatived.
On the motion of Mr Smith the following new clause was added to the Bill, after debate -
"13. FUNCTIONS AND POWERS OF COMMITTEE
"Section 145 of the Principal Act is amended by inserting,
after subsection (1), the following:
'(1A) It is also a function of the Committee to consider and
report on the effectiveness of the premiums offered by insurers -
(a) in encouraging employers to develop and maintain safe
working practices; and
(b) in penalizing employers which do not ensure the
maintenance of safe working practices.'.".
Title agreed to.
Bill to be reported with amendments.
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The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
17. ABC SPORTS PROGRAMME FUNDING - STATEMENT:
The Minister for Sport, Recreation, Ethnic Affairs and Local Government Mr Vale), by leave, made a statement relating to funding by the
Australian Broadcasting Corporation for Sports programmes.
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18. SUSPENSION OF STANDING ORDERS - PASS BILL THROUGH ALL STAGES:
The Minister for Sport, Recreation, Ethnic Affairs and Local Government Mr Vale) moved - That so much of Standing Orders be suspended
as would prevent the Local Government Amendment Bill (No.2) 1991 (Serial 74) passing through all stages during these sittings.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 15 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Smith
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
19. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No.4
relating to the Local Government Amendment Bill (No.2) 1991 (Serial 74) be called on forthwith.
Question - put and passed.
20. LOCAL GOVERNMENT AMENDMENT BILL (No.2) 1991 (Serial 74):
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 refused: The Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale), seeking leave to
move a motion to permit the third reading of the Bill to be moved forthwith -
Objection being made, leave not granted.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Chairman - Mr Poole)
Bill, by leave, taken as a whole.
Debate ensued.
Bill agreed to.
Bill to be reported without amendment.
__________________
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The Speaker (Mr Dondas) resumed the Chair; and the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) the Bill was read a third time and passed to be a proposed law.
21. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 11.28 p.m. until tomorrow at 10.00 a.m.
==================
PAPERS:
The following Papers were deemed to have been presented on 20 August 1991:
Annual Reports:
Executor Trustee Australia Limited, 1989-90
Northern Territory University, 1990
==================
ATTENDANCE:
All Members attended the sitting except Mr Perron, on leave.
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__________________________________________________________________________________
Date : 20/08/1991
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.3
I, JAMES HENRY MUIRHEAD, 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 appropriate certain sums out of the Consolidated Fund for the
year ending 30 June 1992.
Dated 14 August 1991.
(Sgd) J.H. MUIRHEAD
Administrator
4. LEAVE OF ABSENCE:
The Leader of Government Business (Mr Setter) moved - That leave of absence be granted to the Chief Minister
(Mr Perron) for today on account of ill health.
Question - put and passed.
5. PETITIONS:
Mr Bell presented a petition from 20 citizens of the Northern Territory requesting the Assembly to recognise the
detriment to the quality of education for Northern Territory children that proposed cuts to educational
services will have and to reverse these decisions.
Petition read.
Mr Bailey presented a petition from 29 citizens of the Northern Territory in similar terms to the petition
presented by Mr Bell.
Mrs Padgham-Purich presented a petition from 24 citizens of the Northern Territory in similar terms to the petition
presented by Mr Bell.
6. NOTICES:
The following notices were given:
Mr Stirling: To move - That -
(1) this Assembly -
(a) notes the essential work done by the Northern Territory ABC Radio sports section;
(b) condemns the abolition of the position of Northern Territory sports journalist by Sydney-based
ABC Radio management; and
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(c) requests the immediate reversal of that decision; and
(2) the Speaker forward the Terms of this Resolution to the Chairman of the Australian Broadcasting
Corporation forthwith.
Mrs Hickey: To move - That this Assembly -
(1) notes that, since its election in October 1990, the Northern Territory Government has introduced a
programme of savage cuts on social services, welfare and education; and
(2) is of the opinion that these savage cuts:
(a) have had the effect of making the Territory a less attractive place to live and work; and
(b) have placed at risk the future development of the Northern Territory.
Mr Bell: To move - That this Assembly -
(1) notes the Report of the Northern Territory Law Reform Committee entitled "Report on Appeals from
Administrative Decisions"; and
(2) declares its intention to introduce and pass legislation which will incorporate the recommendations of
the Committee in Territory Law.
Mr Bell: To move - That this Assembly -
1. adopt a practice whereby on any sitting day where the motion that the Assembly do now adjourn",
pursuant to Standing Orders 41 and 42, has not been moved before 6.00 pm, the sitting of the
Assembly be suspended for one and a half hours from the completion of the speech being made
at that time; and
2. refer the matter of civilised evening meal arrangements to the House Committee.
Mr Collins: To present the Pornographic Videos (Prohibition) Bill 1991 (Serial 95).
Mr Stone: To present the Northern Territory Employment and Training Authority Bill 1991 (Serial 89).
Mr Stone: To present the Education Amendment Bill (No.2) 1991 (Serial 90).
Mr Manzie: To present the Trustee Amendment Bill 1991 (Serial 84).
Mr Manzie: To present the Supreme Court Amendment Bill 1991 (Serial 91).
Mr Manzie: To present the Classification of Publications Amendment Bill 1991 (Serial 93).
Mr Manzie: To present the Film Classification Act Repeal Bill 1991 (Serial 94).
7. QUESTIONS:
Questions were asked of Ministers.
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8. APPROPRIATION BILL 1991-92 (Serial 88) - BUDGET SPEECH:
Broadcast of Budget Speech: The Speaker advised the Assembly of arrangements he had agreed to for the
broadcast and rebroadcast of the Treasurer's budget speech and the reply by the Leader of the Opposition.
The Treasurer (Mr Coulter), presented a Bill for an Act to appropriate certain sums out of the Consolidated Fund
for the service of the year ending 30 June 1992, the subject of His Honour the Administrator's Message No.3.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
Papers tabled: Mr Coulter laid on the Table the following Budget Papers -
. Budget Speech, 1991-92;
. Appropriation Bill, 1991-92;
. Overview, 1991-92;
. Detailed Estimates, 1991-92;
. Capital Works, 1991-92;
. The Northern Territory Economy 1991-92;
. Comparative Analysis of Selected Taxes and Charges in the Northern Territory and the States,
dated August 1991;
. Regional Highlights, Alice Springs, 1991-92;
. Regional Highlights, Darwin, 1991-92;
. Regional Highlights, East Arnhem, 1991-92;
. Regional Highlights, Katherine, 1991-92;
. Regional Highlights, Palmerston and Rural, 1991-92; and
. Regional Highlights, Tennant Creek, 1991-92.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
9. DISABILITY SERVICES POLICY - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Minister for Health and Community Services (Mr Manzie) made a statement relating to a Disability Services Policy.
Paper tabled: Mr Manzie laid on the Table the following Paper -
. Northern Territory Government Disability Services Policy, prepared by the Department of Health and
Community Services, dated June 1991.
Mr Manzie moved - That the Assembly take note of the Statement.
__________________
Suspension of sitting: The sitting was suspended between 11.49 a.m. and 2.00 p.m.
__________________
Debate ensued.
Ordered - That the debate be adjourned and that Mrs Hickey have leave to continue her remarks on the resumption of the debate.
10. LISTENING DEVICES AMENDMENT BILL 1991 (Serial 81):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Listening Devices Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
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11. MOTOR ACCIDENTS (COMPENSATION) AMENDMENT BILL 1991 (Serial 82):
The Minister for Lands and Housing (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the
Motor Accidents (Compensation) Act.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
12. NEW PARLIAMENT HOUSE COMMITTEE - VARIATION OF TERMS OF REFERENCE - MOTION:
The Leader of Government Business (Mr Setter), by leave, moved - That the terms of reference of the New
Parliament House Committee be varied by inserting after paragraph (1) the following paragraph:
(1A) That in the event of both of the Opposition Members of the New Parliament House Committee being unable
to attend a meeting of the Committee or one of its Sub-committees, an Opposition Member, nominated at
the time by the Leader of the Opposition as a proxy, may attend the Committee in his or her place and may
participate in the meeting of the Committee or Sub-committee as if he or she were a full member of that
Committee or Sub-committee.
Question - put and passed.
13. ACTING OMBUDSMAN - EXTENSION OF TERM - MOTION:
The Deputy Chief Minister (Mr Coulter), by leave, moved - That, pursuant to section 9 of the Ombudsman (Northern Territory) Act,
this Assembly recommend to His Honour the Administrator that Peter John Fisk be appointed to act in the Office of Ombudsman
during the current vacancy in that Office caused by the resignation of Robert Eadie until that vacancy is filled by an appointment
under section 4(3) of the Act.
Mr Coulter made a statement relating thereto.
Question - put and passed.
14. FURTHER NOTICE:
The following further notice was given, by leave:
Mr Coulter: To present the Police Administration Amendment Bill 1991 (Serial 92).
15. JUVENILE JUSTICE AMENDMENT BILL 1991 (Serial 45); and LAW REFORM (MISCELLANEOUS PROVISIONS) AMENDMENT BILL 1991 (Serial 46):
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 -
The Member for Macdonnell (Mr Bell) moved - Omit the word "now" and add "this day 6 months".
Debate ensued.
Paper tabled: Mr Bell, by leave, laid on the Table the following Paper -
. Statement issued by the Criminal Law Association of the Northern Territory, dated 17 August 1991.
Debate continued.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
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AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mr Smith Mr McCarthy
Mr Stirling Mr Ortmann
Mr Tipiloura Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
Amendment negatived accordingly.
Question - That the Bill be now read a second time - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Chairman - Mr Poole)
Juvenile Justice Amendment Bill 1991 (Serial 45):
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
On the motion of the Attorney-General (Mr Manzie) the following amendment was agreed to, after debate -
Omit from proposed section 55A(1) "the Court shall" and insert in its stead "the Court may".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Insert after proposed section 55A(4)(a) the following:
"(aa) unless it is satisfied that the parent has or the parents have, as the case may be, failed to
exercise reasonable supervision and control of the juvenile;".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from proposed section 55A(4)(b) "if" and unreasonable" and insert in their stead "unless" and reasonable", respectively.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Add at the end of proposed section 55A(4) the following:
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"(c) where the parent or either of the parents is in receipt of a pension or benefit under the Social Security Act 1947 of the Commonwealth.".
Debate ensued.
Amendment negatived.
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Insert after "fine" in proposed section 55B(1) "or sum of money".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from proposed section 55B(2) ", section 21A of the Criminal Law (Conditional Release of Offences) Act" and
"that section" (twice occurring) and insert in their stead "or sum of money, Part V (other than sections 20, 21 and 22)
of the Criminal Law (Conditional Release of Offenders) Act" and "in those sections of that Part", respectively.
Clause 5, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Law Reform (Miscellaneous Provisions) Amendment Bill 1991 (Serial 46):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of Mr Manzie the following amendment was agreed to, after debate -
Omit proposed subsection (4) and insert in its stead the following:
"(4) The maximum amount that may be recovered from any parent
or parents under subsection (2) (whether sued individually or
jointly) or the Territory under subsection (3) is $5,000 in
respect of damage caused by a child or detainee referred to in
those subsections, as the case may be.".
On the motion of Mr Manzie the following further amendment was agreed to, after debate -
Omit from proposed subsection (5)(b) "an act of" and insert in
its stead "damage caused by".
The Member for Wanguri (Mr Bailey), by leave, moved the following amendment -
Insert after "Juvenile Justice Act" the words "or in the
care of the Minister as defined in the Community Welfare Act".
Debate ensued.
Amendment negatived.
Mr Bell moved the following amendment -
Add at the end of proposed section 29A the following:
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"(6) A parent is only liable under subsection (2) if at the
time the relevant damage was caused the parent was not
exercising a level of supervision and control over the child's
activities that was appropriate in the circumstances.".
Debate ensued.
Question - That the words proposed to be added, be added - put.
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 8 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Smith Mr Manzie
Mr Stirling Mr McCarthy
Mr Tipiloura Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the negative.
Clause 3, as amended, agreed to.
Title agreed to.
Bill to be reported with amendments.
__________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bills and agreed to the
Juvenile Justice Amendment Bill 1991 (Serial 45) with amendments and the Law Reform (Miscellaneous Provisions) Amendment Bill 1991 (Serial 46)
with amendments; and the report was adopted.
The Attorney-General (Mr Manzie) moved - That the Bills be now read a third time.
The Member for Macdonnell (Mr Bell) moved the following amendment:
Omit "now" and add "this day 6 months".
Debate ensued.
The Leader of Government Business (Mr Setter) 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, 15 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Smith
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mrs Padgham-Purich
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Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment moved by Mr Bell be agreed to - put and negatived.
Question - That the Bills be now read a third time - put and passed.
The Bills were read a third time and passed to be proposed laws.
16. WORK HEALTH AMENDMENT BILL 1991 (Serial 70):
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 a Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Chairman - Mr Poole)
Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
The Member for Millner (Mr Smith) moved the following amendment -
Omit "(a) by inserting after subsection (2) the following:" and insert in its stead the following:
"(a) by inserting after subsection (1) the following:
'(1A) Where, for the purposes of his employment, a worker is required to temporarily reside
away from his usual place of residence, then, without limiting subsection (1), an injury to
the worker shall be taken to arise "out of or in the course of his employment" if -
(a) the injury occurs during the period commencing
with the time the worker leaves his usual place
of residence or workplace to go to the place of
temporary residence or workplace and ending with
the time the worker returns to his usual place of
residence or workplace; and
(b) in the case where the injury occurs away from the
workplace, the worker's behaviour, having regard
to all the circumstances, did not materially add
to the risk of injury.';
(aa) by inserting after subsection (2) the following:".
Debate ensued.
Amendment negatived.
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On the motion of the Minister for Lands and Housing (Mr Ortmann) the following amendment was agreed to -
Omit from proposed subsection (2A)(b) "is travelling" and insert in its
stead "except as provided in subsection (2B), is travelling".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Insert after proposed subsection (2A) the following:
"(2B) Subsection (2A)(b) does not apply where a worker -
(a) is travelling between his place of residence and a
workplace, which is not his normal or usual
workplace, at the request of his employer; or
(b) is required by his employer to work outside his
normal hours of work while he is travelling between
his place of residence and a workplace and, in
accordance with the terms of his employment, he is
paid, in whole or in part, for the time taken to
travel to that workplace.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert after paragraph (c) the following:
"(d) by adding at the end the following:
'(8) For the purposes of this section, the employment of a
worker shall not be taken to have materially contributed to an
injury or disease or to an aggravation, acceleration or
exacerbation of a disease unless the employment was a real,
proximate or effective cause of the injury or disease or to the
aggravation, acceleration or exacerbation of the disease, as the
case may be .'.".
Clause 5, as amended, agreed to.
Mr Smith moved - That the following new clause be inserted into the Bill -
"5A. DISCRIMINATION AGAINST WORKERS, &c.
"Section 45 of the Principal Act is amended by inserting after
paragraph (c) the following:
'(ca) ceases work in pursuance of section 32(1); or'.".
Debate ensued.
Proposed new clause negatived.
Clause 6 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit paragraphs (a) and (b) and insert in their stead the following:
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"(a) by omitting paragraph (d) of the definition of 'normal
weekly earnings' in subsection (1) and substituting the
following:
'(d) where -
(i) by reason of the shortness of time during which
the worker has been in the employment of his
employer, it is impracticable at the date of the
relevant injury to calculate the rate of relevant
remuneration in accordance with paragraph (a), (b)
or (c); or
(ii) remunerated in whole or in part other than by
reference to the number of hours worked,
the average gross weekly remuneration which,
during the 12 months immediately preceding the
date of the relevant injury, was earned by the
worker during the weeks that he was engaged in
paid employment;';".
Clause 6, as amended, agreed to.
Clause 7 agreed to.
Mr Smith moved - That the following new clause be inserted in the Bill -
"7A. LUMP SUM COMPENSATION IN RESPECT OF DEATH
"Section 62(1)(b) of the Principal Act is amended by omitting
'156' and substituting '208'.".
Debate ensued.
Proposed new clause negatived.
Clauses 8 to 11, by leave, taken together and agreed to.
On the motion of Mr Ortmann the following new clauses, by leave, were added to the Bill, after debate -
"12. COMMUTATION
"Section 74 of the Principal Act is amended -
(a) by omitting from subsection (1)(b) 'section
65(6)' and substituting 'section 65(6); and';
(b) by omitting subparagraph (iv) from subsection (1)(b); and
(c) by adding at the end the following:
'(3) Nothing in this section shall be construed as permitting
the payment of a commuted amount which is greater than an
amount equal to 156 times average weekly earnings at the
time the payment is made.'.
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"13. SAVING AND TRANSITIONAL
"Sections 70 and 71 of the Principal Act, as amended by this
Act, apply only to and in relation to a claim for compensation
by a worker who suffers an injury causing permanent impairment
after the commencement of this Act.".
Mr Smith moved - That the following new clause be added to the Bill -
"12. NEW SECTION
"The Principal Act is amended by inserting, after section 75,
the following:
'75A. PROVISION OF EMPLOYMENT, &c.
'In addition to any other compensation under this Part, an
employer shall take all reasonable steps to provide a worker
who has suffered an injury with suitable employment, or to
assist the worker in finding suitable employment and to pay
the costs of the assistance.'.".
Debate ensued.
Proposed new clause negatived.
On the motion of Mr Smith the following new clause was added to the Bill, after debate -
"13. FUNCTIONS AND POWERS OF COMMITTEE
"Section 145 of the Principal Act is amended by inserting,
after subsection (1), the following:
'(1A) It is also a function of the Committee to consider and
report on the effectiveness of the premiums offered by insurers -
(a) in encouraging employers to develop and maintain safe
working practices; and
(b) in penalizing employers which do not ensure the
maintenance of safe working practices.'.".
Title agreed to.
Bill to be reported with amendments.
__________________
The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.
17. ABC SPORTS PROGRAMME FUNDING - STATEMENT:
The Minister for Sport, Recreation, Ethnic Affairs and Local Government Mr Vale), by leave, made a statement relating to funding by the
Australian Broadcasting Corporation for Sports programmes.
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18. SUSPENSION OF STANDING ORDERS - PASS BILL THROUGH ALL STAGES:
The Minister for Sport, Recreation, Ethnic Affairs and Local Government Mr Vale) moved - That so much of Standing Orders be suspended
as would prevent the Local Government Amendment Bill (No.2) 1991 (Serial 74) passing through all stages during these sittings.
Debate ensued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 15 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Smith
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mrs Padgham-Purich
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
19. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No.4
relating to the Local Government Amendment Bill (No.2) 1991 (Serial 74) be called on forthwith.
Question - put and passed.
20. LOCAL GOVERNMENT AMENDMENT BILL (No.2) 1991 (Serial 74):
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 refused: The Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale), seeking leave to
move a motion to permit the third reading of the Bill to be moved forthwith -
Objection being made, leave not granted.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Chairman - Mr Poole)
Bill, by leave, taken as a whole.
Debate ensued.
Bill agreed to.
Bill to be reported without amendment.
__________________
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The Speaker (Mr Dondas) resumed the Chair; and the Chairman (Mr Poole) reported accordingly; and the report was adopted.
On the motion of the Minister for Sport, Recreation, Ethnic Affairs and Local Government (Mr Vale) the Bill was read a third time and passed to be a proposed law.
21. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 11.28 p.m. until tomorrow at 10.00 a.m.
==================
PAPERS:
The following Papers were deemed to have been presented on 20 August 1991:
Annual Reports:
Executor Trustee Australia Limited, 1989-90
Northern Territory University, 1990
==================
ATTENDANCE:
All Members attended the sitting except Mr Perron, on leave.
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Last updated: 04 Aug 2016