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Minutes of Proceedings - 1998-11-24

Eighth Assembly First Session 24/11/1998 Parliamentary Record No. 12
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Date : 24/11/1998

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1. MEETING:

The Assembly met at 10.00 h, pursuant to resolution of the Assembly, dated Thursday 15 October 1998. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:

The Speaker advised that she had received the following Message from the Administrator:

Message No. 11

Assent to Proposed Laws

I, NEIL RAYMOND CONN, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of assent, pursuant to section 7 of the

Northern Territory

(Self-Government Act) 1978

of the Commonwealth, to the following proposed laws:

12 October 1998:

Racing and Betting Amendment Act 1998

, No. 73 of 1998

13 October 1998:

Energy Resource Consumption Levy (Waiver of Levy) Act 1998

, No 74 of 1998

Northern Territory Tourist Commission Amendment Act 1998

, No. 75 of 1998

15 October 1998:

Cullen Bay Marina Amendment Act 1998

, No. 77 of 1998

Mineral Royalty Amendment Act 1998

, No. 76 of 1998

21 October 1998:

Criminal Code Amendment Act 1998

, No. 79 of 1998

Darwin Port Authority Amendment Act 1998

, No. 80 of 1998

Juvenile Justice Amendment Act (No. 2) 1998

, No. 81 of 1998

Legal Aid Amendment Act 1998

, No. 78 of 1998

Dated this thirtieth day of October 1998. (Paper 752)

(Sgd) NEIL CONN

Administrator.

4. APPOINTMENT OF DEPUTY CLERK:

The Speaker advised Honourable Members of the appointment of Captain David Horton CSC RAN (Rtd) JP as Deputy Clerk of the Legislative Assembly.

5. VISITORS:

The Speaker drew the attention of Honourable Members to the presence in the Gallery of Year 7 students from St Mary’s Primary School accompanied by their teachers Ms Mandy Jones and Mr Craig Brown; and students from Woolianna School, Daly River, accompanied by their teachers Ms Nola Foster and Mr Bill Auman.

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

6. CHANGE OF MEMBERSHIP – STANDING ORDERS COMMITTEE:

The Minister for Health, Family and Children’s Services (Mr Burke) moved – That the Member for Blain (Mr Coulter) be discharged from service on the Standing Orders Committee and that the Member for Brennan (Mr Burke) be appointed in his stead.

Question – put and passed.

7. CHANGE OF MEMBERSHIP – HOUSE COMMITTEE:

The Leader of the Opposition (Mrs Hickey), by leave, moved – That the Member for Nhulunbuy (Mr Stirling) be discharged from service on the House Committee and that the Member for Arnhem (Mr Ah Kit) be appointed in his stead.

Question – put and passed.

8. CHANGE OF MEMBERSHIP – LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE:

The Leader of the Opposition (Mrs Hickey), by leave, moved – That the Member for Arnhem (Mr Ah Kit) be discharged from service on the Legal and Constitutional Affairs Committee and that the Member for Nhulunbuy (Mr Stirling) be appointed in his stead.

Question – put and passed.

9. ADMINISTRATIVE ARRANGEMENTS – MINISTERIAL OFFICES:

The Chief Minister (Mr Stone) advised the Assembly of the following changes on 19 October 1998 to several Northern Territory Ministerial Offices:

The Ministerial Offices of Asian Relations, Trade and Industry, and Racing and Gaming are abolished.

Newly created Ministerial Offices and appointed Ministers are:

Daryl William Manzie

Minister for Asian Relations and Trade;

Minister for Industries and Small Business;

Peter Francis Adamson

Minister for Racing; and

Michael Anthony Reed

Minister for Corporate and Information Services.

The Member for Brennan (Mr Burke) appointed as Leader of Government Business (16 October 1998) in the place of the Member for Blain (Mr Coulter).

10. NOTICES:

The following notices were given:

Mr Stone: To present the Criminal Code Amendment Bill (No. 3) 1998 (Serial 122).

Mr Stone: To present the Penalties Bill 1998 (Serial 124).

Mr Stone: To present the Criminal Code Amendment Bill (No. 4) 1998 (Serial 123).

Mr Stone: To present the Justices Amendment Bill 1998 (Serial 127).

11. QUESTIONS:

10:04 Mrs Hickey to Mr Stone.

10:07 Mr Balch to Mr Stone.

Distinguished Visitor:

The Speaker acknowledged the presence in the Speaker’s Gallery of Mr Bern Kilgariff a former Speaker of the Legislative Assembly and member of the Legislative Assembly.

10:18 Mr Stirling to Mr Stone.

10:19 Mr Dunham to Mr Stone.

Paper tabled:

The Chief Minister (Mr Stone ) laid on the Table the following Paper –

Newspaper advertisement, If you never never go, you’ll never never know where $540m of NSW taxes get snapped up every year, The Sunday Telegraph,
dated 1 November 1998 (Paper 722)

10:23 Mr Rioli to Mr Burke.

Papers tabled:

The Minister for Health, Family and Children’s Services (Mr Burke) laid on the Table the following Papers –

Press release, 10 Good reasons To Keep Territory Hospitals In Our Hands, Maggie Hickey, MLA (Paper 723); and
Graph, Trends in NSW elective surgery waiting lists, March 95 to June 98 (Paper 724).

10:36 Mr McCarthy to Mr Reed.

Paper tabled:

The Treasurer (Mr Reed) laid on the Table the following Papers –

Letter, Hon S L Stone, Chief Minister to Mr Chris Sharpe, President, AEU-NT Branch, dated 5 November 1998 (Paper 725);
Newsletter, The Opposition Leader Maggie Hickey MLA, November 1998 edition (Paper 726);
Media release, Toyne condemns Reed’s Smoke and Mirror Tactics, dated 12 November 98 (Paper 727); and
Letters to the Editor, Nurses are Staying, Northern Territory News, dated 12 November 1998 (Paper 728).

10:45 Mrs Hickey to Mr Poole.

Paper tabled:

The Minister for Essential Services (Mr Poole) laid on the Table the following Paper –

Press release, PAWA Sell–Off – A Done Deal?, dated 14 November 1998 (Paper 729).

10:53 Mr Lugg to Mr Reed.

10:57 Mrs Hickey to Mr Stone.

The Leader of Government Business (Mr Burke) asked that further questions be placed on the Question Paper and that the broadcast of proceedings be concluded.

12. PROPOSED CENSURE OF THE CHIEF MINISTER – MOTION AS AMENDED, AGREED TO:

The Leader of the Opposition (Mrs Hickey) moved – That so much of Standing Orders be suspended as would prevent her moving a motion censuring the Chief Minister for driving an agenda of privatisation of community assets.

The Leader of Government Business (Mr Burke) informed the Assembly that the Government would, pursuant to Standing Order 95, accept the motion as a censure motion.

The Leader of the Opposition (Mrs Hickey) thereupon moved – That this Assembly censure the Chief Minister as the head of a government driving a disastrous agenda to privatise our community assets –

(a) for failing to seek a mandate from Territorians to introduce his unprecedented plan of disaster;

(b) for allowing his Minister for Health, Family and Children’s Services to advocate a privatisation agenda for the Territory’s hospitals which will:

Lead to cuts in hospital services;

Cost jobs and conditions;

Force Territorians to pay more – either by taking out private health insurance or by paying for services themselves;

And for,

Failing to reveal the privatisation agenda he has been working on for three years before the last Territory election;

Championing a totally undeserved vote of no confidence in the staff of the Territory’s hospitals;

Demonstrating total disregard for Territorians who may be unable to afford private health insurance;

Showing disregard for Territorians who rely on the public hospitals in Tennant Creek, Katherine and Nhulunbuy who will suffer the most under his proposals.

Remove accountability and control of this essential service from Territorians in favour of profit motivated private companies;

Strip publicly owned assets belonging to Territory Taxpayers;

Cost jobs and conditions;

Remove cross-subsidisation of tariffs, leading to price rises for domestic customers, particularly in rural and remote areas;

Expose Territorians to an unacceptable level of risk of exploitation by replacing a publicly owned utility with a private sector monopoly;

Dangerously allow inter-state or foreign interests to control the Northern Territory’s future electricity generation capacity; and

Treat the employees of PAWA with contempt by withholding the consultants report for political purposes to allow it to be sanitised.

(d) For leaving workers in other areas of the public service in a state of uncertainty by refusing to reveal the future direction of education, corrections and telecommunications. (Paper 730).

Debate ensued.

The Chief Minister (Mr Stone) moved - That all words after “This Assembly censure” be omitted and insert in their stead -

This Assembly censure the Leader of the Opposition and the Labour Party for their campaign of lies, rumours and falsehoods, and in particular for:

(a) declaring PAWA privatisation is a done deal when Government had made no such decision;

(b) claiming the fire service is being privatised when it is not;

(c) alleging hospital privatisation means huge job losses when the Government has guaranteed no public sector employee faces forced redundancy or will be forced to work for a private operator;

(d) continuing to spread the lie that nurses will be pulled out of schools;

(e) claiming to have leaked documents relating to staff cuts when there were no such leaked documents and no staff cuts; and

(f) putting forward outlandish claims that the CLP secretly videotaped Territorians and offering no proof. (Paper 731)

Debate continued.

Papers tabled:

The Member for Arafura (Mr Rioli), by leave, laid on the Table the following Papers –

Article, Hospital deal sours, Modbury contract numbers wrong, Advertiser, dated 21 November 1998 (Paper 732); and
Article, Crisis management, Modbury Hospital is in a private crisis by Paul Starick, Advertiser, dated 21 November 1998 (Paper 733).

Debate continued.

The Leader of Government Business (Mr Burke) moved – That the question be now put.

Question – That the question be now put – put and passed.

Question – That the amendment moved by Mr Stone be agreed to – put and passed.

Question – That the motion as amendment be agreed to put.

Question - put.

The Assembly divided (the Speaker, Hon. L.M. Braham, in the Chair) -

AYES, 15 NOES, 7

Mr Adamson Mr Ah Kit

Mr Balch Mr Bailey

Mr Burke Mrs Hickey

Mr Coulter Ms Martin

Mr Dunham Mr Rioli

Mr Elferink Mr Stirling

Dr Lim Mr Toyne

Mr Lugg

Mr McCarthy

Mr Manzie

Mr Mitchell

Mr Palmer

Mr Poole

Mr Reed

Mr Stone

And so it was resolved in the affirmative.

Motion, as amended, agreed to.

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Suspension of sittings:

The sittings of the Assembly was suspended at 12:30 h until 14:30 h.

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13. FURTHER NOTICES:

The following further notices were given, by leave –

Mr Stone: To present the Interpretation Amendment Bill 1998 (Serial 125).

Mr Stone: To present the Sentencing Amendment Bill (No. 2) 1998 (Serial 126).

14. SPECIAL PREMIERS CONFERENCE, NEW COMMONWEALTH/STATE FINANCIAL RELATIONS – MINISTERIAL STATEMENT – STATEMENT NOTED:

The Chief Minister (Mr Stone) made a statement relating to Commonwealth/State financial relations discussed at the Premiers’ Conference held on 13 November 1998 (Paper 734).

Mr Stone moved – That the Assembly take note of the Statement.

Debate ensued.

Paper tabled:

The Chief Minister (Mr Stone) laid on the Table the following Paper –

Agreement on Principles for the Reform of Commonwealth – State Financial Relations
(Paper 735).

Debate continued.

Question – put and passed.

15. NORTHERN TERRITORY EXPLORATION INITIATIVE – MINISTERIAL STATEMENT – STATEMENT NOTED:

The Minister for Resource Development (Mr Poole) made a statement relating to major new exploration initiatives adopted by government. (Paper 736)

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

Debate ensued.

Question – put and passed.

16. COMMERCIAL PASSENGER (ROAD) TRANSPORT AMENDMENT BILL 1998 (Serial 107):

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 ensued.

Question – put and passed.

Bill read a second time.

The Assembly resolved itself into Committee of the Whole for the consideration of the Bill.

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In Committee
(Chairman - Mr Mitchell)

Clauses 1 to 9, by leave, taken together and agreed to

On the motion of Mr Coulter the following new clause 9A was inserted in the Bill –

9A. CONDITIONS OF MOTOR OMNIBUS LICENCE

Section 41 of the Principal Act is amended by omitting from subsection (3) all the words after "return it" and substituting "to the Director for a replacement certificate to be issued specifying new or amended conditions.".

Clause 10 read.

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

Insert after proposed paragraph (c) the following:

“(d) to ply for hire at any place outside a taxi area or minibus area in accordance with the Regulations; and

(e) to ply for hire in a prescribed taxi area in accordance with the Regulations.”.

Clause, as amended, agreed to.

Clauses 11 to 22, by leave, taken together and agreed to.

Schedule read.

On the motion of Mr Coulter the following amendments were taken together, by leave, and agreed to –

Omit paragraph (c) from the definition of "annual licence" in clause 1;

Omit 'to be treated as' from paragraph (b) of the definition of "cancelled licence" in clause 1;

Omit clause 3 and substitute the following:

“3. Cancellation of Taxi Licences

A taxi licence in force immediately before the commencement date is cancelled on —

(a) the date, after 28 February 1999 and before 1 August 1999, nominated by the licensee of the taxi; or

(b) 31 July 1999 — if a date is not nominated under paragraph (a).”;

Omit from clause 4(2) '28 February 1999' and substitute '28 days before the date nominated by the licensee under clause 3(a) as the date the licence is cancelled';

Omit from clause 4(5) 'cancelled' and substitute 'taxi';

Add at the end of clause 6 the following:

“(6) If a taxi licence is cancelled on 31 July 1999 by force of clause 3(b), the Minister must pay into a trust account established for the purpose of this subclause an amount that is equal to the amount of compensation that would have been determined under clause 5(2)(a) in respect of the licence had a claim for compensation been made under clause 4.

(7) The amount is to be held on trust until a claim for compensation in respect of the licence is determined or any claim is statute barred by clause 4(8).”; and

Insert after clause 10 the following:

“

11. Credit Arrangements

(1) A person may be granted a licence after the commencement date even if the application for the licence is not accompanied by the prescribed fee as required by the amended Principal Act if, before the commencement date, the person was permitted by a licensee to operate a commercial passenger vehicle under the licence.

(2) The person must pay the prescribed fee not later than 28 February 1999.

12. Licence Periods of 3 Months for first Year

(1) Despite anything to the contrary in section 23, 35 or 38G of the amended Principal Act, the Director may approve a period of not less than 3 months during which a licence referred to in those sections remains in force.

(2) If the Director approves a period under subclause (1), the fee that is to be paid for the licence or the renewal of the licence is to be determined by the Director on a pro rata basis of the fee that is otherwise prescribed for the grant or renewal of the licence.

(3) This clause ceases to apply 12 months after the date on which it comes into force.”.

Schedule, as amended, 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 Transport and Infrastructure (Mr Coulter) the Bill was read a third time and passed to be a proposed law.

17. STATUTE LAW REVISION BILL 1998 (Serial 112):

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 ensued.

Question – put and passed.

Bill read a second time.

Leave granted for a motion of the third reading of the Bill to be moved forthwith.

On the Motion of the Chief Minister (Mr Stone) the Bill was read a third time and passed to be a proposed law.

18. PUBLIC TRUSTEE AMENDMENT BILL 1998 (Serial 94):

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 ensued.

Question – put and passed.

Bill read a second time.

The Assembly resolved itself into Committee of the Whole for the consideration of the Bill.

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In Committee
(Chairman - Mr Mitchell)

Clauses 1 to 6, by leave, taken together and agreed to.

Clause 7 read.

On the motion of the Chief Minister (Mr Stone) the following amendment was agreed to –

Insert at the end of proposed subsection (2) the following:

“(c) the following investor information in respect of each common fund:

(i) the nature and amount or rate of any fee that the Public Trustee charges in respect of investment in the fund;

(ii) the class of investments in which the fund may be invested;

(iii) the extent (if any) to which a capital sum invested may be reduced to defray losses from investment of the fund;

(iv) the rights of an investor in the fund to withdraw all or part of the investor's investment in the fund and the period of notice (if any) that the investor is required to give the Public Trustee in respect of a withdrawal;

(v) the terms governing distribution of income and profit or loss of a capital nature attributable to each investment in the fund.”.

Clause, as amended, agreed to.

Clause 8 read.

On the motion of Mr Stone the following amendment was agreed to –

Omit proposed subsection (4).

Clause, as amended, agreed to.

Remainder of the Bill taken as a whole, by leave, and 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 Chief Minister (Mr Stone) the Bill was read a third time and passed to be a proposed law.

19. SESSIONAL COMMITTEE ON THE ENVIRONMENT REPORT, AUGUST 1998 – REPORT NOTED:

The Order of the Day having been read for the resumption of the debate on the question – That the Assembly take note of the Report -

Debate ensued.

Paper tabled:

The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper –

Extract, speech by Dr Lim at 1998 National Conference of Parliamentary Environment Committees, Melbourne, July 1998 (Paper 748).

Debate continued.

Paper tabled:

The Member for Drysdale (Mr Dunham), by leave, laid on the Table the following Paper -

Article, Yellowcake Millionaires, Bulletin, dated 10 November 1998 (Paper 749).

Debate continued.

Question – put and passed.

20. ADJOURNMENT:

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

Debate ensued.

Paper tabled:

The Minister for Industry and Small Business (Mr Manzie) laid on the Table the following Paper –

Northern Territory Construction Industry Plan, SUMMARY (Paper 750).

Debate continued.

Paper tabled:

The Member for Arnhem (Mr Ah Kit), by leave, laid on the Table the following Paper –

Media release, Aboriginal Landowners Disturbed by Senator Herron’s support for Smaller Land Councils, open letter, dated 17 November 1998 (Paper 751).

Debate continued.

Paper tabled:

The Member for Macdonnell (Mr Elferink), by leave, laid on the Table the following Paper-

Copy of photograph, aerial view Passchendaele, dated June 1917 and December 1917 (Paper 882).

Debate continued.

Question – put and passed.

And the Assembly adjourned at 21:17 h until 10:00 h on Wednesday 25 November 1998.

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PAPERS:

The following Papers were deemed to have been presented on Tuesday 24 November 1998 -

Annual Reports:

Legislative Assembly Member’s Superannuation Trust, 1997-98 (Paper 738)

National Road Transport Commission, 1997-98 (Paper 739)

Regulations 1998:

No. 46, Amendments of Racing and Betting Regulations (Paper 740)

No. 47, Amendments of Public Trustee Regulations (Paper 741)

No. 48, Amendments of Administration and Probate Regulations (Paper 742)

No. 49, Amendments of Public Health (General Sanitation, Mosquito Prevention, Rat Exclusion and Prevention) Regulations (Paper 743)

No. 50, Amendments of Public Health (Night-Soil, Garbage, Cesspits, Wells and Water) Regulations (Paper 744)

No. 51, Amendments of Building Regulations (Paper 745)

No. 52, Amendment of Barramundi Fishery Management Plan (Paper 746)

No. 53, Co-Operatives Regulations (Paper 747)

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ATTENDANCE:

All Members attended the sitting.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 1998-11-24