Minutes of Proceedings - 1993-10-13
Sixth Assembly First Session 12/10/1993 Parliamentary Record No. 20
__________________________________________________________________________________
Date : 13/10/1993__________________________________________________________________________________
The Assembly resumed at 10.00 a.m., pursuant to resolution suspending the sitting, dated 12 October
1993. The Speaker, the Honourable N.M. Dondas, took the Chair.
9. APPROPRIATION BILL 1993-94 (Serial 266):
The order of the day having been read for further consideration in Committee of the Whole of the
Appropriation Bill 1993-94 (Serial 266) -
____________________
In the Committee
(Chairman - Mr McCarthy)
(10.00 a.m.)
Proposed expenditure for Division 31 agreed to, after debate.
Proposed expenditure for Division 32 agreed to, after debate.
Proposed expenditure for Division 30 read -
Debate ensued.
Paper tabled: The Minister for Lands, Housing and
Local Government (Mr Hatton) laid on the Table the following Paper -
Table - Budget 1993-94 and Actual 1992-93 for Municipal Government, Community Government Councils and other Local
Government.
Debate continued.
____________________
Suspension of sitting: The sitting was suspended between 12.02 p.m . and 2.00 p.m.
____________________
Debate resumed.
Proposed expenditure for Division 30 agreed to.
Proposed expenditure for Division 86 agreed to, after debate.
Proposed expenditure for Division 87 agreed to, after debate.
Proposed expenditure for Division 37 agreed to, after debate.
Proposed expenditure for Division 35 read -
Debate ensued.
Paper tabled: The Minister for Education and Training (Mr Finch) l aid on the Table the following
Paper -
List of schools which are likely to, or have exceeded Relief Teacher Days Allocations.
Debate continued.
Paper tabled: Mr Finch laid on the Table the following Paper -
Answer regarding monitoring and maintenance of materials containing asbestos in schools.
Debate continued.
Page 703
Proposed expenditure for Division 35 agreed to.
Proposed expenditure for Division 36 agreed to, after debate.
Proposed expenditure for Division 13 agreed to, after debate.
Proposed expenditure for Division 56 agreed to, after debate.
Proposed expenditure for Division 59 agreed to, after debate.
Proposed expenditure for Division 55 (excluding
the Office of A rts and Cultural Affairs) agreed
to, after debate.
Proposed expenditure for Division 48 agreed to, after debate.
Proposed expenditure for Division 47 agreed to, after debate.
Proposed expenditure for Division 60 read -
Debate ensued.
Papers tabled: The Member for Millner (Mr Parish), by leave, l aid on the Table the
following Papers -
Agreement, The Northern Territory of Australia and Tipp erary
Developments Pty Ltd for Project Management of The State Square Development, Darwin, Northern
Territory; and
Conditions of Contract, Articles of Agreements and Cond itions of Head
Contract between Tipperary Developments Pty Ltd and Multiplex Constructions Pty Ltd for
State Square Darwin by Ralph and Beattie, Bosworth Pty Ltd.
Debate continued.
Proposed expenditure for Division 60 agreed to.
Privilege - Alleged Breach of Section 21(3) of the
Northern Territory (Self-Government) Act 1978 -
Proposed Request for Referral to Committee of Privileges: The Member for Millner (Mr Parish),
pursuant to Standing Order 83, raised a matter of privilege based on an alleged breach of section 21(3)
of the Northern Territory (Self-Government) Act 1978, whereby the Member for Brennan (Mr Ortmann) took part
in the vote for Division 60 of the Appropriation Bill 1993-94 (Serial 266), whilst being a party to a
contract awarded by the Government.
The Chairman (Mr McCarthy) advised that the matter could not be considered unless the Chairman reported
progress and the Assembly resumed.
Mr Parish agreed to raise the matter when the Speaker resumed the C hair at a later hour.
Proposed expenditure for Division 82 agreed to, after debate.
Proposed expenditure for Division 46 agreed to, after debate.
The Leader of Government Business (Mr Setter) moved
- That the Chai rman do report progress and ask leave to sit again.
Question - put and passed.
____________________
(9.47 p.m.)
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarth y) reported accordingly; and the
report was adopted.
10. SUSPENSION OF SITTING - FURTHER CONSIDERATION OF APPROPRIATION BILL 1993-94 (Serial 266) IN COMMITTEE
OF THE WHOLE:
The Leader of Government Business (Mr Setter), pursuant to Standing Order 225, moved -
(1) That at 10.00 a.m. on Thursday 14 October 1993, the A ssembly
resolve itself again into Committee of the Whole for further consideration of the
Appropriation Bill 1993-94 (Serial 266); and
Page 704
(2) That this sitting of the Assembly be suspended until 10.00 a.m. on
Thursday 14 October 1993.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit all words after "That" first occurring and insert in their stead "this
Assembly calls on the Leader of Government Business to move for the adjournment of the
Assembly forthwith.".
Debate ensued.
The Leader of Government Business (Mr Setter) moved
- That the ques tion 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 Lanhupuy
Mr McCarthy Mr Parish
Mr Ortmann Mr Stirling
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - 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 Lanhupuy
Mr McCarthy Mr Parish
Mr Ortmann Mr Stirling
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Page 705
11. PRIVILEGE - ALLEGED BREACH OF SECTION 21(3) OF THE NORTHERN TERRITORY (SELF-GOVERNMENT) ACT 1978 -
REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES:
The Member for Millner (Mr Parish), pursuant to Standing Order 83, ra ised a matter of privilege
alleging that the Member for Brennan (Mr Ortmann) had breached section 21(3) of the Northern Territory
(Self-Government) Act 1978.
The Speaker made the following statement in relation to the matter -
I noted the matter raised by the Honourable Member for Mill ner and, having heard the matter
raised previously this evening during Committee of the Whole debate on the Appropriation Bill
1993-94, I have been able to consider the matter and advise as follows:
The Honourable Member raised the matter as an apparent matt er of privilege, pursuant to
Standing Order 83. The particular matter of his concern relates to the eligibility of the
Honourable Member for Brennan to take part in discussion or vote on a question in which he has
a direct or indirect interest in a contract made by or on behalf of the Territory under which
goods or services are to be supplied to the Territory.
This qualification for eligibility to vote and discuss matt ers is contained in section
21(3) of the Northern Territory (Self-Government) Act. Section 21(4) of that Act
states, in part that "any question concerning the application of sub-section (3) shall be decided
by the Legislative Assembly, .....".
Accordingly, my first response to the matter raised by the Honourable Member is that
this is a matter for the Assembly to resolve, by way of substantive motion, rather than a matter
of privilege to be referred to the Privileges Committee.
The Speaker agreed to consider the matter further and report his decision at a later hour.
____________________
Suspension of sitting: The sitting was suspended at 9.59 p.m. unti l Thursday 14 October 1993, at 10.00 a.m.
====================
PAPER:
The following Paper was deemed to have been presented on Wednesday 13 October 1993:
Regulations 1993:
No. 33, Amendment of Legal Practitioners Regulations.
____________________
ATTENDANCE:
All Members attended the sitting.
Page 706
__________________________________________________________________________________
Date : 13/10/1993
The Assembly resumed at 10.00 a.m., pursuant to resolution suspending the sitting, dated 12 October
1993. The Speaker, the Honourable N.M. Dondas, took the Chair.
9. APPROPRIATION BILL 1993-94 (Serial 266):
The order of the day having been read for further consideration in Committee of the Whole of the
Appropriation Bill 1993-94 (Serial 266) -
____________________
In the Committee
(Chairman - Mr McCarthy)
(10.00 a.m.)
Proposed expenditure for Division 31 agreed to, after debate.
Proposed expenditure for Division 32 agreed to, after debate.
Proposed expenditure for Division 30 read -
Debate ensued.
Paper tabled: The Minister for Lands, Housing and
Local Government (Mr Hatton) laid on the Table the following Paper -
Table - Budget 1993-94 and Actual 1992-93 for Municipal Government, Community Government Councils and other Local
Government.
Debate continued.
____________________
Suspension of sitting: The sitting was suspended between 12.02 p.m . and 2.00 p.m.
____________________
Debate resumed.
Proposed expenditure for Division 30 agreed to.
Proposed expenditure for Division 86 agreed to, after debate.
Proposed expenditure for Division 87 agreed to, after debate.
Proposed expenditure for Division 37 agreed to, after debate.
Proposed expenditure for Division 35 read -
Debate ensued.
Paper tabled: The Minister for Education and Training (Mr Finch) l aid on the Table the following
Paper -
List of schools which are likely to, or have exceeded Relief Teacher Days Allocations.
Debate continued.
Paper tabled: Mr Finch laid on the Table the following Paper -
Answer regarding monitoring and maintenance of materials containing asbestos in schools.
Debate continued.
Page 703
Proposed expenditure for Division 35 agreed to.
Proposed expenditure for Division 36 agreed to, after debate.
Proposed expenditure for Division 13 agreed to, after debate.
Proposed expenditure for Division 56 agreed to, after debate.
Proposed expenditure for Division 59 agreed to, after debate.
Proposed expenditure for Division 55 (excluding
the Office of A rts and Cultural Affairs) agreed
to, after debate.
Proposed expenditure for Division 48 agreed to, after debate.
Proposed expenditure for Division 47 agreed to, after debate.
Proposed expenditure for Division 60 read -
Debate ensued.
Papers tabled: The Member for Millner (Mr Parish), by leave, l aid on the Table the
following Papers -
Agreement, The Northern Territory of Australia and Tipp erary
Developments Pty Ltd for Project Management of The State Square Development, Darwin, Northern
Territory; and
Conditions of Contract, Articles of Agreements and Cond itions of Head
Contract between Tipperary Developments Pty Ltd and Multiplex Constructions Pty Ltd for
State Square Darwin by Ralph and Beattie, Bosworth Pty Ltd.
Debate continued.
Proposed expenditure for Division 60 agreed to.
Privilege - Alleged Breach of Section 21(3) of the
Northern Territory (Self-Government) Act 1978 -
Proposed Request for Referral to Committee of Privileges: The Member for Millner (Mr Parish),
pursuant to Standing Order 83, raised a matter of privilege based on an alleged breach of section 21(3)
of the Northern Territory (Self-Government) Act 1978, whereby the Member for Brennan (Mr Ortmann) took part
in the vote for Division 60 of the Appropriation Bill 1993-94 (Serial 266), whilst being a party to a
contract awarded by the Government.
The Chairman (Mr McCarthy) advised that the matter could not be considered unless the Chairman reported
progress and the Assembly resumed.
Mr Parish agreed to raise the matter when the Speaker resumed the C hair at a later hour.
Proposed expenditure for Division 82 agreed to, after debate.
Proposed expenditure for Division 46 agreed to, after debate.
The Leader of Government Business (Mr Setter) moved
- That the Chai rman do report progress and ask leave to sit again.
Question - put and passed.
____________________
(9.47 p.m.)
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr McCarth y) reported accordingly; and the
report was adopted.
10. SUSPENSION OF SITTING - FURTHER CONSIDERATION OF APPROPRIATION BILL 1993-94 (Serial 266) IN COMMITTEE
OF THE WHOLE:
The Leader of Government Business (Mr Setter), pursuant to Standing Order 225, moved -
(1) That at 10.00 a.m. on Thursday 14 October 1993, the A ssembly
resolve itself again into Committee of the Whole for further consideration of the
Appropriation Bill 1993-94 (Serial 266); and
Page 704
(2) That this sitting of the Assembly be suspended until 10.00 a.m. on
Thursday 14 October 1993.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit all words after "That" first occurring and insert in their stead "this
Assembly calls on the Leader of Government Business to move for the adjournment of the
Assembly forthwith.".
Debate ensued.
The Leader of Government Business (Mr Setter) moved
- That the ques tion 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 Lanhupuy
Mr McCarthy Mr Parish
Mr Ortmann Mr Stirling
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - 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 Lanhupuy
Mr McCarthy Mr Parish
Mr Ortmann Mr Stirling
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Page 705
11. PRIVILEGE - ALLEGED BREACH OF SECTION 21(3) OF THE NORTHERN TERRITORY (SELF-GOVERNMENT) ACT 1978 -
REQUEST FOR REFERRAL TO COMMITTEE OF PRIVILEGES:
The Member for Millner (Mr Parish), pursuant to Standing Order 83, ra ised a matter of privilege
alleging that the Member for Brennan (Mr Ortmann) had breached section 21(3) of the Northern Territory
(Self-Government) Act 1978.
The Speaker made the following statement in relation to the matter -
I noted the matter raised by the Honourable Member for Mill ner and, having heard the matter
raised previously this evening during Committee of the Whole debate on the Appropriation Bill
1993-94, I have been able to consider the matter and advise as follows:
The Honourable Member raised the matter as an apparent matt er of privilege, pursuant to
Standing Order 83. The particular matter of his concern relates to the eligibility of the
Honourable Member for Brennan to take part in discussion or vote on a question in which he has
a direct or indirect interest in a contract made by or on behalf of the Territory under which
goods or services are to be supplied to the Territory.
This qualification for eligibility to vote and discuss matt ers is contained in section
21(3) of the Northern Territory (Self-Government) Act. Section 21(4) of that Act
states, in part that "any question concerning the application of sub-section (3) shall be decided
by the Legislative Assembly, .....".
Accordingly, my first response to the matter raised by the Honourable Member is that
this is a matter for the Assembly to resolve, by way of substantive motion, rather than a matter
of privilege to be referred to the Privileges Committee.
The Speaker agreed to consider the matter further and report his decision at a later hour.
____________________
Suspension of sitting: The sitting was suspended at 9.59 p.m. unti l Thursday 14 October 1993, at 10.00 a.m.
====================
PAPER:
The following Paper was deemed to have been presented on Wednesday 13 October 1993:
Regulations 1993:
No. 33, Amendment of Legal Practitioners Regulations.
____________________
ATTENDANCE:
All Members attended the sitting.
Page 706
Last updated: 04 Aug 2016