Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2000-10-19

First Assembly Eighth Session 10/10/2000 Parliamentary Record No. 25
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Date : 19/10/2000
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1. MEETING:
      The Assembly met at 10.00 h. The Speaker, the Honourable T. R. McCarthy, took the Chair.

2. PRAYERS.

3. BROADCAST OF PROCEEDINGS:
      The Speaker advised members that he had given permission for Imparja Television to broadcast, with sound and vision, the condolence motion for Charles Nelson Perkins AO.

4. CONDOLENCE MOTION – DR KUMANTJAYI PERKINS AO:
      The Speaker advised Honourable Members of the death on 18 October 2000 of Dr Kumantjayi Perkins AO, former Commissioner and Deputy Chair, Aboriginal and Torres Strait Island Commission and a leader in the advancement and development of Aboriginal Affairs.
      The Chief Minister (Mr Burke), by leave, moved – That this Assembly –

      Express its deep regret at the death yesterday of Dr Kumantjayi Perkins AO, ATSIC Commissioner, Territorian, and outspoken advocate for the Aboriginal peoples of Australia;

      Acknowledge his place in the forefront of Aboriginal leaders for the past 40 years; and

      Tender its profound sympathy to his family and his Arrente people of Central Australia (Paper 2164).

      The Chief Minister (Mr Burke) thereupon addressed the Assembly.
      Debate ensued.
      Question – put and passed.
      Motion agreed to.

      As a mark of respect Members stood in their places for one minute, in silence.

5. QUESTIONS:
      10:29 Ms Martin to Mr Burke,
      Paper tabled: The Leader of the Opposition (Ms Martin), by leave, laid on the Table the following Paper -
Article, Builders feel pinch as slump worsens, Northern Territory News, dated 22 September 2000 (Paper 2171).

      10:35 Mr Mills to Mr Burke.
      10:42 Mr Stirling to Mr Reed.
      10:47 Mr Balch to Mr Reed.
      10:50 Dr Lim to Mr Palmer.
      10:58 Mrs Hickey to Mr Reed.
      11:07 Mrs Hickey to Mr Burke.
      11:10 Mr Hatton to Mr Manzie.
      11:15 Ms Martin to Mr Adamson.
      11:20 Mr Mitchell to Mr Reed.
      11:28 Ms Martin to Mr Burke.
      11:29 Mr Elferink to Mr Lugg.

      Supplementary answers to questions: The Minister for Transport and Works (Mr Palmer) provided additional information to a question relating to the Alice Springs Hospital Redevelopment.
      The Chief Minister (Mr Burke) provided additional information relating to a question asked by the Member for Barkly (Mrs Hickey) concerning Domestic Violence Legal Services.

      The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Written Question Paper.
      Special Adjournment: The Leader of Government Business (Mr Palmer) moved – That the Assembly at its rising adjourn until Tuesday 28 November 2000 at 10:00 h or such other day and/or time as may be set by Mr Speaker, pursuant to Sessional Order.
      Question put and passed.
6. TREASURER’S ANNUAL FINANCIAL REPORT 1999/2000 – REPORT TABLED - MOTION TO NOTE REPORT:
      The Treasurer (Mr Reed) laid on the Table the Treasurer’s Annual Financial Report 1999/2000 (Paper 2172).
      Mr Reed moved – That the Report be printed.
      Question – put and passed.
      Mr Reed moved – That the Assembly take note of the Report.
      Debate ensued.
      On the motion of the Leader of the Opposition (Ms Martin) debate was adjourned.

7. NATIVE TITLE ISSUES, ACCESS TO WATERWAYS - MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Chief Minister (Mr Burke) made a statement relating to the current state of Aboriginal land and native title issues (Paper 2173).
      Mr Burke moved – That the Assembly take note of the Statement.
      Debate ensued.
      Suspension of sitting: The sitting of the Assembly was suspended between 12:05 h and 14:15 h.
      Debate resumed.
      Papers tabled: The Chief Minister (Mr Burke) laid on the Table the following Papers –
Attachment 1 – Strip Claims to the Inter-tidal Zone denying landholders access to the Sea (Paper 2174); and
Attachment 2 – Claims to Beds and Banks of Rivers (Paper 2175).

      Debate continued.
      Question – put and passed.

8. TECHNOLOGY AND THE TERRITORY’S EMERGENCY SERVICES – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Minister for Police, Fire and Emergency Services (Mr Reed) made a statement relating to the greater use of technology by the Territory’s Police, Fire and Emergency Services (Paper 2179).
      Mr Reed moved – That the Assembly take note of the Statement.
      Debate ensued.
      Question – put and passed.

9. WATER SUPPLY AND SEWERAGE SERVICES BILL 2000 (Serial 280):
      The Leader of Government Business (Mr Palmer), on behalf of and at the request of the Treasurer (Mr Reed), pursuant to notice, presented a Bill for an Act to regulate water supply and sewerage services and for other purposes.
      Bill read a first time.
      Mr Palmer moved – That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
10. PROSTITUTION REGULATION AMENDMENT BILL 2000 (Serial 276):
      The Minister for Racing, Gaming and Licensing (Mr Baldwin), pursuant to notice, presented a Bill for an Act to amend the Prostitution Regulation Act.
      Bill read a first time.
      Mr Baldwin moved – That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
11. KAVA MANAGEMENT AMENDMENT BILL 2000 (Serial 283):
      The Minister for Racing, Gaming and Licensing (Mr Baldwin), pursuant to notice, presented a Bill for an Act to amend the Kava Management Act.
      Bill read a first time.
      Mr Baldwin moved – That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Member of Nhulunbuy (Mr Stirling) debate was adjourned.
12.TERRITORY INSURANCE OFFICE AMENDMENT BILL 2000 (Serial 275):
      The Leader of Government Business (Mr Palmer), at the request of and on behalf of the Minister for Territory Insurance Office (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Territory Insurance Office Act.
      Bill read a first time.
      Mr Manzie moved – That the Bill be now read a second time.
      Debate ensued.
      On the motion for the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
13. CEMETERIES AMENDMENT BILL 2000 (Serial 278):
      The Minister for Local Government (Mrs Braham), pursuant to notice, presented a Bill for an Act to amend the Cemeteries Act.
      Bill read a first time.
      Mrs Braham moved – That the Bill be now read a second time.
      Debate ensued.
      On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
14. SUSPENSION OF STANDING ORDERS – PASS BILLS THROUGH ALL STAGES:
      The Leader of Government Business (Mr Palmer) moved – That so much of Standing Orders be suspended as would permit the AustralAsia Railway (Special Provisions) Amendment Bill (No. 2) 2000 (Serial 281) and AustralAsia Railway Corporation Amendment Bill (No. 2) 2000 (Serial 282) passing through all stages at this sitting.

      Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

      The Leader of Government Business (Mr Palmer) moved – That so much of Standing Orders be suspended as would permit the Prisons (Correctional Services) Amendment Bill (No. 2) 2000 (Serial 274) passing through all stages at this sitting.

      Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
15.AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) AMENDMENT BILL (No. 2) 2000 (Serial 281) and AUSTRALASIA RAILWAY CORPORATION AMENDMENT BILL (NO. 2) 2000 (Serial 282):
      The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time -
      Debate resumed.
      Question – put and passed.
      Bills read a second time.
      Leave granted of a motion for the third readings of the Bills to be moved forthwith.
      On the motion of the Chief Minister (Mr Burke) the Bills were read a third time and passed to be proposed laws.
16. TRESPASS AMENDMENT BILL 2000 (Serial 258):
      The Order of the Day having been read for the resumption of 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 granted of a motion for the third reading of the Bill to be moved forthwith.
      On the motion of the Chief Minister (Mr Burke) the Bill was read a third time and passed to be proposed law.

17. SURVEILLANCE DEVICES BILL 2000 (Serial 254):
      The Order of the Day having been read for the resumption of 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 granted of a motion for the third reading of the Bill to be moved forthwith.
      On the motion of the Chief Minister (Mr Burke) the Bill was read a third time and passed to be proposed law.
18. WILLS BILL 2000 (Serial 262); FAMILY PROVISION AMENDMENT BILL 2000 (Serial 263); LAW OF PROPERTY AMENDMENT BILL 2000 (Serial 264); and PUBLIC TRUSTEE AMENDMENT BILL 2000 (Serial 265):
      The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time -
      Debate resumed.
      Question – put and passed.
      Bills read a second time.
      Leave granted of a motion for the third readings of the Bills to be moved forthwith.
      On the motion of the Chief Minister (Mr Burke) the Bills were read a third time and passed to be proposed laws.

19. POLICE ADMINISTRATION AMENDMENT BILL 2000 (Serial 271):
      The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time -
      Debate resumed.
      Question – put and passed.
      Bills read a second time.
      The Assembly resolved itself into Committee of the Whole.

      In Committee
      (Mr Mitchell)

      Clauses 1 and 2, by leave, taken together and agreed to.
      Clause 3 read –

      Mr Stirling moved the following amendment:
      Omit from paragraph (b) 'section 120H' and substitute 'section 120HA'.
      Amendment negatived, after debate.
      Clause, as printed, agreed to.

      Clause 4 read -
      Mr Stirling moved the following further amendment -
      Insert in proposed section 120F 'or section 120HA' at the end of the definition of 'divert'.

      Amendment negative, after debate.
      Mr Stirling moved the following further amendment -
      Omit from proposed section 120G(1) 'committed offences' and substitute 'committed offences or who have been found guilty of offences'.

      Amendment negative, after debate.
      Mr Stirling moved the following further amendment:
      Omit paragraph (f) from proposed section 120H.

      Amendment negative, after debate.
      Mr Stirling moved the following further amendment -
      Insert after proposed section 120H the following:

      ' "120HA. Diversionary programs
          "(1) If the Juvenile Court finds a charge proven against a juvenile it may, as it thinks fit, whether or not it proceeds to conviction, refer the juvenile to a diversionary program.

          "(2) Subsection (1) applies despite anything to the contrary in Division 3 of Part VI of the Juvenile Justice Act.

          "(3) The power of the Juvenile Court under subsection (1) is in addition to the powers that the Juvenile Court has under section 53 of the Juvenile Justice Act.".


      Amendment negatived, after debate.
      On the motion of the Minister for Police, Fire and Emergency Services (Mr Reed) the following amendment was agreed to -
      Omit from proposed section 120K 'investigation or legal proceedings' and substitute 'criminal investigation or criminal legal proceedings'.

      Clause 4, as amended, agreed to.
      Remainder of the Bill, by leave, taken as a whole and agreed to.
      Bill to be reported with an amendment.
      The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same with an amendment.
      Question – That the Bill, as reported with an amendment, be agreed to – put.
      Question - put.
      The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

      AYES, 15 NOES, 6

      Mr Adamson Mr Ah Kit
      Mr Balch Mr Henderson
      Mr Baldwin Mrs Hickey
      Mr Braham Ms Martin
      Mr Burke Mr Stirling
      Mr Dunham Dr Toyne
      Mr Elferink
      Mr Hatton
      Dr Lim
      Mr Lugg
      Mr Mills
      Mr Mitchell
      Mr Palmer
      Mr Poole
      Mr Reed

      And so it was resolved in the affirmative - Bill as reported with an amendment, agreed to.

      On the motion of the Minister for Police, Fire and Emergency Services (Mr Reed) the Bill was read a third time and passed to be a proposed law.

20. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL (No. 2) 2000 (Serial 274):
      The Order of the Day having been read for the resumption of 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 granted for a motion for the third reading of the Bill to be moved forthwith.
      On the motion of the Leader of Government Business (Mr Palmer) the Bill was read a third time and passed to be a proposed law.
21. ADJOURNMENT:
      The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.
      Debate ensued.
      Question – put and passed.
      And the Assembly adjourned at 20:20 h until 10:00 h, Tuesday 28 November 2000 or such other day and/or time as may be set by Mr Speaker, pursuant to Sessional Order.
      The following Papers were deemed to have been presented on Thursday 19 October 2000 –

      Annual Reports:
      Department of the Legislative Assembly, 1999/2000 (Paper 2176)
      Department of Mines and Energy, 1999/2000 (Paper 2180)
      Northern Territory Attorney General's Department, 1999/2000(Paper 2170)
      Northern Territory Government Conditions of Service Trust, 1999/00 (Paper 2166)
      Northern Territory Treasury Corporation, 1999/00 (Paper 2168)
      Northern Territory Treasury, 1999/00 (Paper 2169)
      Office of Communications, Science and Advanced Technology, 1999/00 (Paper 2165)
      Office of Courts Administration, 1999/2000 (Paper 2177)
      Utilities Commission, 1999/00 (Paper 2167)

      Reports:
      Coroners Act:
      Inquest into the deaths of Glen Anthony Huitson and Rodney William Ansell Nos 9917767 and 9917768 respectively, delivered 15 September 2000 (Paper 2178)
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      ATTENDANCE:
      All Members attended the sitting, except Ms Carter, on leave.

      Ian McNeill
      Clerk of the Legislative Assembly.
Last updated: 04 Aug 2016