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Minutes of Proceedings - 1998-02-25

Eighth Assembly First Session 24/02/1998 Parliamentary Record No. 4
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Date : 25/02/1998
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1. MEETING
    The Assembly met at 10:00h. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. VISITORS
    The Speaker (Mrs Braham) drew attention to the presence in the gallery of Years 5, 6 and 7 students from Humpty Doo Primary School and their teachers, Ms Ingrid Avery and Mr Don Briggs.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

4. NOTICES
    The following notices were given:
    Mr Stone: To present the Court Security Bill 1998 (Serial 42).
    Mr Stone: To present the Magistrates Amendment Bill 1998 (Serial 48).
    Mr Poole: To present the Mine Management Amendment Bill 1998 (Serial 53).
    Mr Adamson: To present the Education Amendment Bill 1998 (Serial 54).
5. QUESTIONS
    10:02 Mrs Hickey to Mr Burke.
    10:10 Mr Balch to Mr Stone.
    10:16 Mr Toyne to Mr Adamson.
    10:22 Mr Lugg to Mr Reed.
    10:26 Mr Ah Kit to Mr Adamson.
    10:36 Dr Lim to Mr Manzie.
    10:43 Mr Stirling to Mr Burke.
    10:46 Mr Mitchell to Mr Palmer.
    10:51 Mr Bailey to Mr Stirling.
    Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
Article, Bar talk “Shame, Stone”, by Barry Lane, the “Justinian”, magazine, dated February 1998.
(Paper 286)
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    Member suspended: The Speaker, pursuant to Sessional Order 240A, ordered the Member for Wanguri (Mr Bailey), at 10:57 h, to withdraw from the Chamber for a period of one hour on account of disorderly conduct.
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6. INITIATIVES AND THE DEVELOPMENT OF TERRITORY WOMEN - STATEMENT NOTED:
    The Chief Minister (Mr Stone) made a Statement relating to initiatives and development of Territory women. (Paper 287)
    Mr Stone moved - That the Assembly take note of the Statement.
    Debate ensued.

____________________
    Suspension of sitting: The sitting was suspended between 11:49 h and 1400 h.
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    Debate resumed.
    The Leader of Government Business (Mr Coulter) moved - That the Member for Wanguri (Mr Bailey) be no longer heard.
    Question - put and passed.
    Debate continued.

    __________________
    Member suspended: The Speaker, pursuant to Sessional Order 240A, ordered the Member for Nhulunbuy (Mr Stirling) at 16:21 h, to withdraw from the Chamber for a period of one hour on account of disorderly conduct.
    __________________
    Debate continued.
    Question put and passed.
7. EXPLANATION BY SPEAKER - CONDUCT OF QUESTION TIME:
    The Speaker (Mrs Braham) made an explanation of her interpretation during Question Time this day of Standing Order 68 regarding questions which anticipate discussion of any subject appearing on the Notice Paper.
8. MATTER OF PUBLIC IMPORTANCE - RETENTION LEVELS OF SECONDARY STUDENTS:
    The Speaker advised members that the Member for Stuart (Mr Toyne) had written to her this day and proposed as a definite matter of public importance -
        “The concern about the continuing low levels of retention of secondary students, the fact that many teenagers do not have access to standard secondary education and the subsequent effect of these deficiencies on the Northern Territory University, the tertiary sector and the Territory’s economic future”.

    Discussion ensued.
    Papers tabled: The Minister for Education and Training (Mr Adamson) laid on the Table the following Papers -
Australian Bureau of Statistics Table 2A.5: Part-time students in government schools, 1996 (Paper 288);
NTOEC Enrolment Pattern 1998 - NT Department of Education (Paper 289);
Estimated Enrolment Percentages 23/2/98 - NT Department of Education (Paper 290);
Youth Labour Force Statistics (15-19 yr olds) in the NT - Labour Economics Office, DEETYA, 28 January 1998 (Paper 291); and
Persons Aged 15 to 17 Participation in Education 1994-95-96 - Australian Bureau of Statistics Catalogue No 6272 (Paper 292).

    Discussion continued.
    Discussion concluded.
9. PUBLIC ACCOUNTS COMMITTEE - ANNUAL REPORT FOR THE YEAR ENDED 30 JUNE 1997 - REPORT TABLED - MOTION TO NOTE REPORT:
    The Member for Drysdale and Chairman of the Public Accounts Committee (Mr Dunham) laid on the Table the Annual Report of the Public Accounts Committee for the Year Ended 30 June 1998, Report No 31, dated February 1998. (Paper 293)
    Mr Dunham moved - That the report be printed.
    Question - put and passed.
    The Leader of Government Business (Mr Coulter) moved - That the Assembly take note of the Report.
    Ordered - That Mr Coulter have leave to continue his remarks at a later hour.
    Debate adjourned.
10. TERRITORY INSURANCE OFFICE (MISCELLANEOUS AMENDMENTS) BILL 1998 (Serial 52):
    The Chief Minister (Mr Stone), pursuant to notice, presented a Bill for an Act to amend various Acts and Regulations to enable certain persons to operate accounts and invest with the Territory Insurance Office in addition to other financial institutions.
    Bill read a first time.
    Mr Stone moved - That the Bill be now read a second time.
    On the motion of the Member for Arafura (Mr Stirling) debate was adjourned.
11. UNCLAIMED SUPERANNUATION BENEFITS BILL 1998 (Serial 51):
    The Chief Minister (Mr Stone) presented a Bill for an Act to provide for the payment of unclaimed superannuation benefits to the Treasurer and for related purposes, the subject of His Honour the Administrator’s Message No 3 read on Tuesday 24 February 1998.
    Bill read a first time.
    Mr Stone moved - That the Bill be now read a second time.
    On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
12. TERRITORY INSURANCE OFFICE AMENDMENT BILL 1998 (Serial 47):
    The Treasurer (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the Territory Insurance Office Act.
    Bill read a first time.
    Mr Reed moved - That the Bill be now read a second time.
    On the motion of the Member for Arafura (Mr Stirling) debate was adjourned.
13. ANNUAL REPORTS UNDER THE MENTAL HEALTH ACT 1995-96 and 1996-97 - PAPERS TABLED - REPORTS NOTED:
    The Minister for Health, Family and Children’s Services (Mr Burke) laid on the Table the Annual Report under the Mental Health Act, 1 July 1995 to 30 June 1996 (Paper 294) and the Annual Report under the Mental Health Act, 1 July 1996 to 30 June 1997. (Paper 295)
    Mr Burke moved - That the Assembly take note of the Reports.
    Question put and passed.

14. WORK HEALTH AMENDMENT BILL 1997 (Serial 7):
    The Order of the Day having been read for the resumption of the debate on the motion - That the Bill be now read a second time -
    Debate ensued.
    Explanation of Speech: The Member for Nightcliff (Mr Hatton), pursuant to Standing Order 54, made an explanation with regard to a part of his speech in this debate which he believed had been misunderstood.
    Debate continued.
    Question - put and passed.
    Bill read a second time.
    The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
____________________

In the Committee
(Chairman - Mr Mitchell)

    Clauses 1 to 4, by leave, taken together and agreed to.
    Clause 5 read.
    Debate ensued.
    Question - That Clause 5 be agreed to - put.
    Question - put.
    The Assembly divided (the Chairman, Mr P.A. Mitchell, in the Chair) -

AYES, 17 NOES, 7

Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
    And so it was resolved in the affirmative.
    Clauses 6 to 9, by leave, taken together and agreed to.
    Clause 10 negatived.
    On the motion of the Minister for Work Health (Mr Burke) the following new clause was inserted into the Bill, after debate -
        "10. NEW SECTION
            "The Principal Act is amended by inserting after section 53 the following:
            '53A. COMPENSATION IN RESPECT OF CONTACT WITH BODILY FLUIDS
                '(1) Subject to this Part, where a worker —
                    (a) has come or may have come into contact with bodily fluid from another person in the course of his or her employment; and
                    (b) as a result, has a reasonable apprehension that he or she may have contracted a disease,
                the worker is entitled to be paid by the worker's employer —
                    (c) the costs reasonably incurred by the worker for the purpose of obtaining medical tests in respect of that contact; and
                    (d) the worker's salary or wages in full during any absence from his or her workplace for the purpose of obtaining those medical tests.
                '(2) A payment made by an employer in pursuance of subsection (1)(c) or (d) is not to be taken to be an admission of liability by the employer in respect of a disease that is or may be attributable to the contact with bodily fluid.'.".
    Clauses 11 to 18, by leave, taken together.
    On the motion of Mr Burke the following amendment was agreed to, after debate.

    Omit from clause 14 “actual imprisonment” and insert in its stead “imprisonment and is incarcerated in a prison as defined in the Prisons (Correctional Services) Act”.

    Amendment agreed to.
    Clauses 11 to 18, as amended, agreed to.
    Clause 19 read.
    Mr Burke moved the following amendment -

    Omit from proposed section 85A(2) “subsection (1)” and insert in its stead “subsection (1) within 21 days after receiving the request”.
      Debate ensued.
      Mr Burke, by leave, withdrew the amendment moved to clause 19.
      The Member for Nhulunbuy (Mr Stirling), by leave, moved the following amendment from the floor -

      Omit proposed section 85A(2) and insert in its stead -
          “(2) An employer must, in the absence of reasonable excuse, comply with a request under subsection (1) within 21 days after receiving the request.”.

      Debate ensued.
      Amendment agreed to.
      Clause 19, as amended, agreed to.
      Clause 20 read.
      On the motion of Mr Burke the following amendment was agreed to, after debate -
      Omit all words after “Division 3” and insert in their stead the following -
          “until -
              (a) the expiry of 14 days after the day on which the employer notifies the person of his or her decision in pursuance of that section; or

              (b) the Court orders otherwise.”.
      Clause 20, as amended, agreed to.
      Clause 21 agreed to, after debate.
      On the motion of Mr Burke the following new clause was inserted into the Bill -

        “21A. RETURN TO WORK
              “Section 90 of the Principal Act is amended by omitting ‘total’ ”.
      Clause 22 read.
      On the motion of Mr Burke the following amendment was agreed to, after debate -

      Omit from proposed section 90A(1) “total”.

      Mr Burke moved the following further amendment to clause 22 -

      Omit from proposed section 90A(2) “subsection (1)” and insert in its stead “subsection (1) within 21 days after receiving the request”.
        Mr Burke, by leave, withdrew the further amendment moved to clause 22.
        The Member for Nhulunbuy (Mr Stirling), by leave, moved the following amendment from the floor -

        Omit proposed section 90A(2) and substitute the following -
            “(2) A worker must, in the absence of reasonable excuse, comply with a request under subsection (1) within 21 days after receiving the request.”.
        Amendment agreed to, after debate.
        Clause 22, as amended, agreed to.
        Clauses 23 to 39, by leave, taken together and agreed to.
        Clause 40 negative, after debate.
        On the motion of Mr Burke the following new clause was inserted into the Bill -

          “40. CONSEQUENTIAL AMENDMENT
            “Section 53A of the Principal Act as amended by this Act is amended by inserting in subsection (1) ‘of the Territory’ after ‘a worker’.”.
        Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
        Bill to be reported with amendments.
        __________________________
        The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Mitchell) reported accordingly and the report was adopted.
        The Minister for Work Health (Mr Burke) moved - That the Bill be now read a third time.
        Debate ensued.
        Question - put and passed.
        The Bill was read a third time and passed to be a proposed law.

      15. DANGEROUS GOODS BILL 1997 (Serial 28):
        The Order of the Day having been read for the resumption of the debate on the motion - 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 Minister for Work Health (Mr Burke) the Bill be now read a third time and passed to be a proposed law.

      16. APPROPRIATION (FLOOD RELIEF) BILL 1998 (Serial 50):
        The Order of the Day having been read for the resumption of the debate on the motion - 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.

      17. ADVANCE BANK INTEGRATION BILL 1997 (Serial 33):
        The Order of the Day having been read for the resumption of debate on the motion - 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.

      18. STAMP DUTY AMENDMENT BILL 1997 (Serial 35) and TAXATION (ADMINISTRATION) AMENDMENT BILL 1997 (Serial 36):
        The Order of the Day having been read for the resumption of debate on the motion - That the Bills be now read a second time -
        Debate ensued.
        Question put and passed.
        Bills read a second time.
        The Assembly resolved itself into Committee of the Whole for the consideration of the Bills.
      ____________________
      In the Committee
      (Chairman - Mr Mitchell)

        Stamp Duty Amendment Bill 1997 (Serial 35):
        Bill, by leave, taken as a whole.
        Clause 5 read.
        On the motion of Mr Reed the following amendment was agreed to -

        Omit from proposed item 33B in paragraph (b) "consideration" and insert in its stead "monetary consideration".

        Bill, as amended, agreed to.
        Bill to be reported with an amendment.

        Taxation (Administration) Amendment Bill 1997 (Serial 36):

        Clauses 1 and 2, by leave, taken together and agreed to.
        Clause 3 read.
        On the motion of Mr Reed the following amendment was agreed to, after debate -
        Omit from the proposed definition of "convertible Crown lease" in paragraph (a) "a grant by the Territory of a Crown lease" and insert in its stead "a Crown lease granted by the Territory".
        On the motion of Mr Reed the following amendments were taken together, by leave, and agreed to -
        Omit paragraph (c) and insert in its stead the following:
            "(c) by omitting from the definition of ‘conveyance’ in subsection (1) ‘lease or patent’ and substituting ‘lease, other than a convertible Crown lease, or a patent’;"; and
        Omit paragraph (e) and insert in its stead the following:
            "(e) by omitting paragraph (aa) from the definition of ‘lease’ in subsection (1).".

        Clause 3, as amended, agreed to.
        Remainder of the Bill, by leave, taken as a whole and agreed to.
        Bill to be reported with amendments.
        __________________________
        The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Mitchell) reported the Stamp Duty Amendment Bill 1997 (Serial 35) with an amendment and the Taxation (Administration) Amendment Bill 1997 (Serial 36) with amendments and accordingly the reports were adopted.
        On the motion of the Treasurer (Mr Reed) the Bills were read a third time and passed to be proposed laws.

      19. JUVENILE JUSTICE AMENDMENT BILL (No 2) 1997 (Serial 29) and SENTENCING AMENDMENT BILL 1997 (Serial 30):
        The Order of the Day having been read for the resumption of debate on the motion - That the Bills be now read a second time -
        Debate ensued.
        Question put and passed.
        Bills read a second time.
        The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
      ____________________
      In the Committee
      (Chairman - Mr Mitchell)

        Juvenile Justice Amendment Bill (No. 2) 1997 (Serial 29):

        Clauses 1 to 7, by leave, taken together and agreed to.
        Clause 8 read.
        On the motion of Mr Stone the following amendment was agreed to -
        Add at the end of proposed subsection (2A) "(whether that other offence is a property offence or not)".
        Clause, as amended, agreed to.
        Clauses 9 to 14, by leave, taken together and agreed to.
        Clause 15 read.
        On the motion of Mr Stone the following amendments were taken together and agreed to -

        Omit from proposed sub-subparagraph (A) "78A" and insert in its stead "53AE"; and
        Omit from proposed sub-subparagraph (B) "paragraph" and insert in its stead "sub-subparagraph".

        Clause, as amended, agreed to.
        Remainder of the Bill, by leave, taken as a whole.
        Debate ensued.
        Question - put and passed.
        Bill to be reported with amendments.

        Sentencing Amendment Bill 1997 (Serial 30):

        Clauses 1 to 6, by leave, taken together and agreed to.
        Clause 7 read.
        On the motion of Mr Stone the following amendment was agreed to -
        Omit proposed subsection (2A) and insert in its stead the following -
            “(2A) For the purposes of subsection (2), where one or more of the offences are property offences, the aggregate period of imprisonment that the offender is liable to serve is not to be taken to include the mandatory periods of the sentences for the property offences.”.

        Clause, as amended, agreed to.
        Clauses 8 and 9, by leave, taken together and agreed to.
        Clause 10 read.
        On the motion of Mr Stone the following amendment was agreed to -
        Add at the end of proposed subsection (3A) "(whether that other offence is a property offence or not)".
        Clause, as amended, agreed to.
        Clauses 11 to 18, by leave, taken together and agreed to.
        Clause 19 read.
        On the motion of Mr Stone the following amendment was agreed to, after debate -
        Omit from proposed sub-subparagraph (B) "paragraph" and insert in its stead "sub-subparagraph".
        Clause, as amended, agreed to.
        Clause 20 read.
        On the motion of Mr Stone the following amendment was agreed to -
        Insert in proposed paragraph (a) "Health" after "Chief".
        Clause, as amended, agreed to.
        Remainder of the Bill, by leave, taken as a whole and agreed to.
        Bill to be reported with amendments.
        ________________________
        The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Mitchell) reported the Juvenile Justice Amendment Bill 1997 (No. 2) (Serial 29) and the Sentencing Amendment Bill 1997 (Serial 30) with amendments and accordingly the reports were adopted.
        On the motion of the Attorney-General (Mr Stone) the Bills were read a third time and passed to be proposed laws.

      20. ADJOURNMENT:
        The Chief Minister (Mr Stone) moved - That the Assembly do now adjourn.
        Debate ensued.
        Leave granted for the Member for Nelson (Mr Lugg) to have the following papers (Tabled by him during the adjournment debate on 18 February 1998) incorporated in Hansard -
      Names of graduating students Taminmin High School 1997 (Paper 247); and
      Junior Awards Taminmin High school 1997 (Paper 248).
        Debate continued.
        And the Assembly adjourned at 22:19 h until 10:00 h on Thursday 26 February 1997.
      _________________

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