The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.

The Speaker (Mr McCarthy) advised honourable Members that he had given permission for ABC Current Affairs to film Question Time proceedings of the Assembly this day, without sound.

The Speaker (Mr McCarthy) drew attention to the presence in the gallery of Year 7 students from MacFarlane Primary School accompanied by their teachers Ms Marie Randell and Mr Andrew Altube; and Year 9 students from Marrara Christian School accompanied by their teachers Ms Linda Hansen, Ms Joan Growden and Mr Robert Mehigan.

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

The following notices were given:
Mr Burke: To present the Evidence Amendment Bill 1999 (Serial 138).

The Member for Fannie Bay (Ms Martin) presented a petition from 2114 petitioners requesting the Assembly to provide adequately resourced, publicly funded and operated hospitals and essential services (Paper 969).
Petition read.

10:05 Ms Martin to Mr Burke; referred to Treasurer Mr Reed.
Paper tabled: The Treasurer (Mr Reed) laid on the Table the following Paper –

10:11 Mr Hatton to Mr Burke.
Paper tabled: The Chief Minister (Mr Burke) laid on the Table the following Paper –

10:24 Mr Toyne to Mr Burke.
10:27 Dr Lim to Mr Dunham.
10:33 Ms Martin to Mr Reed.
10:35 Mr Balch to Mr Reed.
10:39 Mr Stirling to Mr Coulter.
10:40 Mr Elferink to Mr Reed.
10:43 Ms Martin to Mrs Braham.
10:45 Dr Lim to Mr Palmer.
10:48 Mr Stirling to Baldwin.
Paper tabled: The Member for Nhulunbuy (Mr Stirling) laid on the Table the following Paper -

10:52 Mr Elferink to Mrs Braham.
10:56 Mr Toyne to Manzie.

The Treasurer (Mr Reed) made a statement announcing progress to date on implementation of Planning for Growth initiatives and operational status of the Department of Corporate and Information Services (Paper 973).
Papers tabled: The Treasurer (Mr Reed) laid on the Table the following Papers –

Mr Reed moved – That the Assembly take note of the Statement.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 11:55 h and 14:00 h.
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Debate resumed.
Question – put and passed.

Suspension of Standing Orders: The Attorney-General (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent three Bills, namely the Real Property Amendment Bill 1999 (Serial 142); Unit Titles Amendment Bill 1999 (Serial 143); and Real Property (Unit Titles) Amendment Bill 1999 (Serial 143) –

(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the Committee’s report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills in the Committee of the Whole.

Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Burke, pursuant to notice, presented a Bill for an Act to amend the Real Property Act; a Bill for an Act to amend the Unit Titles Act; and a Bill for an Act to amend the Real Property (Unit Titles) Act.
Bills read a first time.
Mr Burke moved - That the Bills be now read a second time.
Debate ensued.
On the motion of the Leader of the Opposition (Ms Martin) debate was adjourned.

The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Misuse of Drugs Act.
Bill read a first time.
Mr Burke moved – That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Ms Martin) debate was adjourned.

The Order of the Day having been read for resumption of debate on the question – That the Assembly take note of the Statement –
Debate ensued.
On the motion of the Minister for Health, Family and Children’s Services (Mr Dunham) debate was adjourned.

The following further notice was given, by leave –
Mr Dunham: To present the Community Welfare Amendment Bill 1999 (Serial 147).

The Order of the Day having been read for resumption of debate on the question – That the Bill be now 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 Treasurer (Mr Reed) the Bill was read a third time and passed to be a proposed law.

The Order of the Day having been read for the resumption of the debate on the question – That the Assembly take note of the Paper –
Debate ensued.
Question put and passed.

The Order of the Day having been read for resumption of debate on the question – That the Bill be now read a second time -
Debate ensued.
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Chairman – Mr Mitchell)

Clauses 1 to 4, by leave, taken together and agreed to.
Clause 5 read.
On the motion of Minister for Heath, Family and Children’s Services (Mr Dunham) the following amendment was agreed to -
Insert in subclause (1)(b) 'or appointed' after 'elected'.
On the motion of Mr Dunham the following further amendment was agreed to -
Insert in subclause (1)(c) 'or appointed' after 'elected'.
Clause, as amended, agreed to.
Clauses 6 to 94, by leave, taken together and agreed to.
Schedules 1 to 5, by leave, taken together and negatived.
On the motion of Mr Dunham the following new Schedules were inserted in the Bill -

'SCHEDULE 1

1.Term of office

(1) A person appointed as a member under section 5(1)(a) holds office for the period, not exceeding 3 years, as is specified by the Minister.

(2) A person elected or appointed a member under section 5(1)(b) or (c) hold office for 3 years.

(3) A member may serve any number of terms but may not serve more than 2 terms in succession.


2.Vacation of office

(1) A member vacates office if the member —

(a) resigns;

(b) is removed from office under subclause (2) or (3); or

(c) ceases to be qualified for office by virtue of subclause (4).


(2) The Minister may remove a member from office if the member —

(a) is absent from 3 consecutive meetings of the Board without the permission of the Board;

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit;

(c) is found guilty in the Territory or elsewhere of a crime or an offence punishable by imprisonment;

(d) fails, without reasonable excuse, to comply with the member's obligation under clause 5 of Schedule 2; or

(e) is found guilty of an offence against this Act.


(3) The Minister may remove a member from office if satisfied that the member is unable to perform the duties of the office competently.

(4) A member who is required to be a nurse vacates office if he or she ceases to be registered or enrolled.


3.Chairperson

(1) The members must elect one of the nurses appointed under section 5(2)(a) to be Chairperson of the Board.

(2) The Chairperson may in writing to the Minister resign the office.

(3) The Chairperson may resign the office but remain a member.


4.Filling of vacancies

(1) If the office of a member appointed under section 5(1)(a) becomes vacant, the Minister may appoint a person to the office for the remainder of the term of the member who vacated the office.

(2) If the office of a member referred to in section 5(1)(b) or (c) becomes vacant within 12 months of the last election for the office, the votes from the election are to be recounted and the next person elected in the election who gives notice to the Minister that he or she is willing to fill the vacant office is the new member for the remainder of the term of the member who vacated the office.

(3) If the office of a member referred to in section 5(1)(b) or (c) –


(a) is vacant because no person nominated for election; or

(b) becomes vacant in circumstances referred to in subclause (2) and is not filled, or cannot be filled, in accordance with the subclause,

the Minister may appoint a person to the vacant office.

(4) A person appointed under subclause (3)(a) holds office for 3 years.

(5) A person appointed under subclause (3)(b) holds office for the remainder of the term of the member who vacated the office.

(6) If the office of a member referred to in section 5(1)(b) or (c) becomes vacant after the expiry of 12 months from the last election for the office, the Minister may appoint a person to the vacant office for the remainder of the term of the member who vacated the office.

5.Validity of proceedings, &c.

(1) An act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Board.

(2) An act or proceeding of the Board or of a person acting under the direction of the Board is valid even if —


(a) the appointment or election of a member of the Board was defective; or

(b) a person appointed or elected as a member of the Board was disqualified from acting as, or incapable of being, a member.

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SCHEDULE 2

A meeting of the Board may be convened by the Chairperson or by 4 members.

2.Procedure at meetings

(1) At a meeting of the Board 6 members of whom not less than 3 are to be nurses constitute a quorum.

(2) Any duly convened meeting of the Board at which a quorum is present is competent to transact any business of the Board.

(3) Questions arising at a meeting of the Board are to be determined by a majority of votes of the members present and voting.

(4) In the event of an equality of votes on a question arising at a meeting of the Board, the question stands adjourned until its next meeting.


3.Who presides at meetings

(1) The Chairperson is to preside at all meetings of the Board at which the Chairperson is present.

(2) If the Chairperson is not present at a meeting of the Board, a member elected by the members present is to preside at the meeting.


4.Minutes

The Board must keep accurate minutes of its meetings.

5.Disclosure of interest

(1) If a member has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member's functions in relation to a matter being considered or about to be considered by the Board, the member must disclose the nature of the interest at a meeting of the Board.

(2) A disclosure under subclause (1) is to be recorded in the minutes and, unless the Board, exclusive of the member, determines otherwise, the member must not —


(a) be present during any deliberations of the Board in relation to the matter; or

(b) take part in any decision of the Board in relation to the matter.

6.Meetings to be open to public

(1) In this clause, "meeting" does not include a meeting convened for the purposes of section 55 or 57.

(2) Except as provided in subclause (3), a meeting of the Board is to be open to the public.

(3) The Board may do either or both of the following at a meeting if it considers that there are compelling grounds to do so:


(a) make an order excluding any person from the meeting;

(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in respect of the meeting.


(4) Without limiting the range of grounds that may be relevant for the purposes of subclause (3), the Board may exercise its power under that subclause if —

(a) it is dealing with privileged information or information that has been communicated to the Board in confidence;

(b) it is dealing with information concerning the personal affairs, finances or business arrangements of an applicant or of a registered or enrolled nurse; or

(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered or enrolled nurse or any other person.


(5) A person wishing to attend a meeting of the Board must notify the Board not later than 7 days before the date of the meeting.

7.General procedures

(1) Subject to this Schedule, the procedure for convening the Board and conducting its business is as determined by the Board.

(2) The Board may permit members to participate in a particular meeting by telephone or by other means of communication.

(3) A member who is permitted to participate in a meeting under subclause (2) is taken to be present at the meeting.

(4) The Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.


8.Report to Minister

The Board, if requested by the Minister, must provide the Minister with any information the Minister may require in relation to the proceedings of the Board.
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SCHEDULE 3

In this Schedule —

"committee" means a committee of assessors;

"proceedings" includes assessments and inquiries.

2.Powers

A committee or the Tribunal may —

(a) summon any person to appear before it to give evidence and produce any document specified in the summons;

(b) require any person appearing before it to produce any document;

(c) require any person appearing before it to give evidence on oath or affirmation;

(d) require any person appearing before it to answer questions;

(e) proceed with and determine any proceedings despite the absence of a person who is summoned to appear; and

(f) adjourn the hearing of any proceedings from time to time and from place to place.

3.Requirements of summons for inquiry

(1) A summons to a nurse who is the subject of an inquiry is to —

(a) set out particulars of the matter that the inquiry relates to;

(b) state that the nurse is entitled to be represented by a legal practitioner or other person in the inquiry;

(c) state that the proceedings will be open to the public unless the Tribunal orders otherwise; and

(d) specify the date, time and place at which the nurse is required to appear.


(2) The summons may contain any other information that the Tribunal considers necessary or appropriate.

(3) The date specified in subclause (1)(d) is to be not less than 14 days after the date on which the summons is served.


4.Procedures

A committee or the Tribunal –

(a) must conduct its proceedings with as little formality and with as much expedition as a proper consideration of the matter before it permits;

(b) is not bound by the rules of evidence;

(c) may inform itself on any matter in any way it considers appropriate; and

(d) must observe the rules of procedural fairness.

5.Medical examinations

(1) In this clause, "medical examination" includes an examination of the physical, psychological and mental capacities of a person.

(2) A committee or the Tribunal, by notice, may require an applicant or defendant to have a medical examination at the Board's expense.

(3) The Tribunal must not require a defendant to have a medical examination under subclause (2) unless, having regard to the relevant inquiry, it is reasonable to require the examination.

(4) A notice under subclause (2) is to specify –


(a) the name of the practitioner who is to carry out the medical examination; and

(b) the date, time and place of the medical examination.


(5) The time and place specified for a medical examination must be reasonable.

(6) The practitioner who carries out the medical examination must provide the committee or the Tribunal, and the person examined, with a written report of the results of the examination.


6.Proceedings to be open to public

(1) Except as provided in subclause (2), the proceedings of a committee or the Tribunal are to be open to the public.

(2) If a committee or the Tribunal is hearing any proceedings, the committee or Tribunal may, on the application of a party to the proceedings or on its own motion, do either or both of the following if it considers that there are compelling grounds to do so:-


(a) make an order excluding any person from the hearing;

(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings or prohibiting the reporting or other disclosure of particular information in respect of the proceedings.


(3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2), a committee or the Tribunal may exercise its power under that subclause if –

(a) it is dealing with privileged information or information that has been communicated to it in confidence;

(b) it is dealing with information concerning the personal affairs, finances or business arrangements of an applicant or of a registered or enrolled nurse; or

(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered or enrolled nurse or any other person.

7.Representation, &c.

(1) An applicant is entitled to attend an assessment and to be represented by a legal practitioner or any other person.

(2) The costs of representation are to be met by the applicant.

(3) A defendant is entitled to attend an inquiry and to be represented by a legal practitioner or any other person.

(4) The Board, at its own expense, may appoint a legal practitioner to assist a committee or the Tribunal in conducting any proceedings.

(5) The Secretary may —


(a) become a party to any proceedings; and

(b) be represented in the proceedings by an employee of the Agency.

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SCHEDULE 4

In this Schedule —

"meeting" includes proceedings being conducted by the Tribunal;

"member" means a member of the Tribunal and includes the Chairperson of the Tribunal.

2.Term of office, &c.

(1) A permanent member holds office for the period, not exceeding 2 years, as is specified by the Board.

(2) A permanent member may serve any number of terms but may not serve more than 2 terms in succession.

(3) A special member is appointed for the duration of the inquiry to which the member's appointment relates.

(4) There is no limit to the number of times a person may be appointed as a special member.


3.Vacation of office

(1) A member vacates office if he or she —

(a) resigns;

(b) is removed from office under subclause (2) or (3); or

(c) ceases to be qualified for office by virtue of subclause (4), (5) or (6).


(2) The Board may remove a member from office if the member —

(a) being a permanent member, is absent from a meeting of the Tribunal convened to deal with a particular inquiry without the permission of the other members of the Tribunal as it is constituted for the purposes of that inquiry;

(b) being a special member, is absent from a meeting of the Tribunal convened to deal with the inquiry to which the special member's appointment relates without the permission of the other members of the Tribunal as it is constituted for the purposes of the inquiry;

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit;

(d) is found guilty, in the Territory or elsewhere, of a crime or an offence punishable by imprisonment for longer than 12 months;

(e) fails, without reasonable excuse, to comply with the member's obligations under clause 6 of Schedule 5; or

(f) is found guilty of an offence against this Act.


(3) The Board may remove a member from office if satisfied that the member is unable to perform the duties of the office competently.

(4) The permanent member appointed under section 58(2)(a) vacates office if he or she ceases to be a legal practitioner.

(5) The permanent member appointed under section 58(2)(b) vacates office if he or she becomes a nurse or legal practitioner.

(6) A special member vacates office if he or she ceases to be registered or enrolled.


4.Filling of vacancies

(1) If the office of a permanent member becomes vacant, the Board may appoint a person to the vacant office for the remainder of the former member's term of office.

(2) The person appointed to a vacant office under subclause (1) is —


(a) in the case of the office referred to in section 58(2)(a), to be a legal practitioner; and

(b) in the case of the office referred to in section 58(2)(b), not to be a nurse or legal practitioner.

5.Validity of proceedings, &c.

An act or proceeding of the Tribunal or of a person acting under the direction of the Tribunal is valid even if —

(a) the appointment of a member of the Tribunal was defective; or

(b) a person appointed as a member of the Tribunal was disqualified from acting as, or incapable of being, a member.

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SCHEDULE 5

The Tribunal, as constituted for the purposes of an inquiry, may be convened by —

(a) the Chairperson; or

(b) any 2 members.

2.Constitution of Tribunal and effect of vacancies

(1) Subject to this clause and clause 6, the Tribunal is not competent to take any action in respect of an inquiry unless each of the 2 permanent members, and each of the 3 special members appointed for the purposes of the inquiry, is present.

(2) If one of the members, other than the Chairperson, constituting the Tribunal for the purposes of an inquiry vacates office for any reason before the inquiry is completed, the inquiry may be continued and completed by the remaining 4 members regardless of whether, in the case of a vacancy in the office referred to in section 58(2)(b), any other person is appointed to the vacant office.

(3) If more than one of the members constituting the Tribunal for the purposes of an inquiry vacates office for any reason before the inquiry is completed, the inquiry is terminated.

(4) If an inquiry is terminated by virtue of subclause (3), the Tribunal may be reconstituted for the purposes of conducting a new inquiry on the same matter.

(5) For the purposes of this clause, an inquiry is taken to have been completed once the Tribunal has made a decision under section 60.


3.Voting

(1) Questions arising for determination by the Tribunal are to be determined by a majority of votes of the members present and voting.

(2) In the event of an equality of votes on a question arising for determination by the Tribunal, the question stands adjourned until it is next convened.

(3) The vote of a special member is equal to the vote of a permanent member.


4.Chairperson

The Chairperson is to preside over all proceedings of the Tribunal.

5.Minutes

The Tribunal must keep —

(a) accurate minutes of its meetings; and

(b) a verbatim record of each hearing it conducts in the course of an inquiry.

6.Disclosure of interest

(1) If a member has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member's functions in relation to a matter being considered or about to be considered by the Tribunal, the member must disclose the nature of the interest at a meeting of the Tribunal.

(2) A disclosure under subclause (1) is to be recorded in the minutes and the member must not, unless the Tribunal exclusive of the member determines otherwise —


(a) be present during any deliberations of the Tribunal in relation to the matter; or

(b) take part in any decision of the Tribunal in relation to the matter.

7.General procedures

Subject to this Schedule and Schedule 3, the procedure for convening the Tribunal and conducting its business is as determined by the Tribunal.
Schedule 6 agreed to.
Title agreed to.
Bill to be reported with amendments.
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The Assembly resumed.
The Speaker resumed the Chair, the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same with amendments.
On the motion of the Minister for Health, Family and Children’s Services (Mr Dunham) the Bill was read a third time and passed to be a proposed law.

The Chief Minister (Mr Burke) moved – That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Member for Nhulunbuy (Mr Stirling) laid on the Table the following Paper –

Debate continued.
Question – put and passed.
And the Assembly adjourned at 17:31 h until 10:00 h on Wednesday 24 February 1999.
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ATTENDANCE:
All Members attended the sitting.