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Minutes of Proceedings - 1999-02-16

Eighth Assembly First Session 16/02/1999 Parliamentary Record No. 14
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Date : 16/02/1999

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1. MEETING:

The Assembly met at 10.00 h, pursuant to resolution of the Assembly, dated Thursday 03 December 1998. The Clerk of the Legislative Assembly Mr Ian McNeill acting as chairman of the Assembly, pursuant to Standing Order 3(f), presiding.

2. LETTER FROM ADMINISTRATOR – RESIGNATION OF SPEAKER – PAPER TABLED:

The Clerk of the Assembly (Mr Ian McNeill) laid on the Table a letter from Her Honour the Acting Administrator notifying Members of the resignation of the Speaker, Honourable Loraine Braham, MLA.

The letter read as follows:

The Legislative Assembly of the Northern Territory

GPO Box 3721

Darwin NT 0801

I wish to inform the Legislative Assembly of the Northern Territory that I have received a letter from Mrs Loraine Braham MLA, dated 9 February 1999, tendering her resignation as Speaker of the Legislative Assembly.

(Sgd) M L R Sitzler

Acting Administrator of the Northern Territory.

Dated 10 February 1999 (Paper 890)

3. ELECTION OF SPEAKER:

The Clerk of the Assembly presiding, the Chief Minister (Mr Burke) proposed to the Assembly for its Speaker the Member for Goyder (Mr McCarthy) and moved – That the Honourable Member for Goyder, do take the Chair of this Assembly as Speaker.

The motion was seconded by the Deputy Chief Minister (Mr Reed) and Mr McCarthy accepted the nomination.

The time for proposals having expired and their being no further proposal –

Debate ensued.

The Clerk of the Assembly declared the Member for Goyder (Mr McCarthy) elected as Speaker of the Assembly in accordance with Standing Orders.

Members having offered congratulations to the Speaker – the Speaker thanked the Assembly for the high honour it had conferred upon him, and thereupon took the Chair.

4. PRESENTATION OF SPEAKER TO ADMINISTRATOR:

The Speaker invited Honourable Members to accompany him to the ceremonial entrance to the Library where he would present himself to His Honour the Administrator as the choice of the Assembly as its Speaker.

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Suspension of sitting:

The sitting was suspended between 10:04 h and 10:14 h.

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The Assembly having resumed –

The Speaker reported that, accompanied by Honourable Members, he had presented himself to His Honour the Administrator as the choice of the Assembly as Speaker and His Honour the Administrator was pleased to congratulate him upon his appointment.

5. PRAYERS.

6. DISTINGUISHED VISITOR – ADMINISTRATOR OF THE NORTHERN TERRITORY:

The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the Speaker’s Gallery of His Honour the Administrator, Dr Neil Conn AO and Mrs Conn.

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

7. STATEMENT – MEDIA ARRANGEMENTS:

The Speaker advised the Assembly that his permission had been given to ABC TV and Channel 8 to broadcast and re-broadcast sound and vision of the today’s Assembly proceedings from their commencement until suspension of the Assembly for luncheon. I have further approved the taking of file footage only during Question Time, without sound, for media to update their records.

8. REPORT OF SPEAKER:

The Speaker reported that, accompanied by Honourable Members, he had presented himself to His Honour the Administrator as the choice of the Assembly for its Speaker and His Honour was pleased to congratulate him upon his appointment as Speaker.

9. SPEAKER’S COMMISSION TO ADMINISTER OATHS AND AFFIRMATIONS – PAPER TABLED:

The Speaker announced that he had received from His Honour the Administrator the following Commission to administer to Members Oaths or Affirmations of Allegiance and of Office, which was laid upon the Table and read by the Clerk:

The Commission was read by the Clerk as follows:

“NORTHERN TERRITORY OF AUSTRALIA

His Honour the Administrator of the Northern Territory of Australia,

Northern Territory (Self-Government) Act 1978 of the Commonwealth

To: The Honourable Terence Robert McCarthy, MLA.

Greeting:

Whereas by section 13 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth it is, amongst other things, enacted that every Member of the Legislative Assembly must, before taking his or her seat, make and subscribe before the Administrator, or a person authorized by the Administrator, an oath or affirmation of allegiance in the form in Schedule 2 to the Northern Territory (Self-Government) Act 1978 of the Commonwealth and an oath or affirmation of office in the form in Schedule 3 to that Act:

NOW THEREFORE I, NEIL RAYMOND CONN, the Administrator of the Northern Territory of Australia, command and authorize you from time to time, in the Legislative Assembly Chamber, Darwin, to administer those oaths or affirmations to those members of the Legislative Assembly who have not already taken and subscribed them since their election to the Assembly.

Given under my hand and the public seal of the Northern Territory of Australia, this Sixteenth day of February, one thousand nine hundred and ninety-nine.

(Paper 891)

N.R.CONN
Administrator.”.

10. MINISTRY AND ADMINISTRATIVE ARRANGEMENTS – CHIEF MINISTER’S STATEMENT – PAPER TABLED:

The Chief Minister (Mr Burke) made a statement informing the Assembly of Ministers and the administrative arrangements of the Government as follows and laid on the Table the

Northern Territory Government Gazette

No. S 3 of 9 February 1999 (Paper 892).

MINISTERS, MINISTRIES AND ADMINISTRATIVE ARRANGEMENTS

DENIS GABRIEL BURKE

Chief Minister
Attorney-General
Minister for Young Territorians
Minister for Women’s Policy
Minister for Constitutional Development

MICHAEL ANTHONY REED

Treasurer
Minister for Tourism
Minister for Police, Fire and Emergency Services
Minister for Parks and Wildlife
Minister for Territory Insurance

BARRY FRANCIS COULTER

Minister for Transport and Infrastructure Development
Minister for Territory Ports
Minister for the AustralAsia Railway
Minister for Essential Services

TIMOTHY DENNEY BALDWIN

Minister for Industries and Business
Minister for Racing, Gaming and Licensing
Minister for Defence Support and Regional Development
Minister for Lands, Planning and Environment

DARYL WILLIAM MANZIE

Minister for Asian Relations and Trade
Minister for Resource Development
Minister for Corporate and Information Services
Minister for Public Employment and Industrial Relations
Minister for Communications, Science and Advanced Technology

PETER FRANCIS ADAMSON

Minister for School Education
Minister for Sport and Recreation
Minister for Tertiary Education and Training
Minister for Arts and Museums

STEPHEN DUNHAM

Minister for Health, Family and Children’s Services
Minister for Senior Territorians

LORAINE MARGARET BRAHAM

Minister for Local Government
Minister for Housing
Minister for Aboriginal Development
Minister for Central Australia

MICHAEL JAMES PALMER

Minister for Primary Industry and Fisheries
Minister for Correctional Services
Minister for Ethnic Affairs

OFFICE HOLDERS

MEMBER FOR BLAIN: Leader of Government Business.

The Chief Minister (Mr Burke) made a statement relating to the programs of Government for the remaining term of this Assembly. (Paper 893)

Mr Burke moved – That the Assembly take note of the statement.

Debate ensued. )

The Leader of the Opposition (Ms Martin), by leave, made a statement relating to the Opposition Office Holders and Shadow Ministers as follows:

MS C M MARTIN – Leader of the Opposition

MR S J STIRLING – Deputy Leader of the Opposition

MR P H TOYNE – Opposition Whip

SHADOW MINISTRY

MS CLARE MAJELLA MARTIN

Treasurer
Health, Family and Children’s Services
Ethnic Affairs
Lands, Planning and Environment
Housing
Arts and Museums

MR SYDNEY JAMES STIRLING

Police, Fire and Emergency Services
Essential Services
Correctional Services
Public Employment and Industrial Relations
AustralAsia Railway
Defence Support
Corporate and Information Services
Racing and Gaming

MR PETER HOWARD TOYNE

Education and Training
Aboriginal Development
Communications and Advanced Technology
Primary Industry

MR JOHN DEREK BAILEY

Attorney-General
Tourism
Parks and Wildlife
Statehood
Work Health

MRS MARGARET ANNE HICKEY

Senior Territorians
Women’s Policy

MR MAURICE JOSEPH RIOLI

Community Health
Local Government
Young Territorians
Service Co-ordination for Remote Areas
Commercial and Recreational Fishing
Sport and Recreation

MR JOHN LEONARD AH KIT

Asian Relations and Trade
Industries and Small Business
Regional Development
Transport and Infrastructure Development
Territory Ports
Resource Development

Ms Martin advised the Assembly that as Leader of the Opposition, she would take carriage of General Business, Notices numbered 1 and 2 standing presently in the name of Mrs Hickey.

Leave of absence:

Ms Martin, by leave, moved – That leave of absence be granted to the Member for Barkly (Mrs Hickey) for the next three sitting days.

Question – put and passed.

Ms Martin made a statement in reply to the Chief Minister’s statement on the Government program.

On the motion of the Leader of Government Business (Mr Coulter) debate was adjourned.

11. PARLIAMENTARY COMMITTEES – CHANGES IN MEMBERSHIP:

The Leader of Government Business (Mr Coulter), by leave, moved – That -

(1) the Member for Drysdale (Mr Dunham), the Member for Goyder (Mr McCarthy) and the Member for Fannie Bay (Ms Martin) be discharged from further attendance on the House Committee;

(2) the Member for Fannie Bay (Ms Martin) be discharged from further attendance from the Subordinate Legislation and Publications Committee;

(3) the Member Port Darwin (Mr Stone) and the Member for Barkly (Mrs Hickey) be discharged from further attendance on the Privileges Committee;

(4) the Member for Drysdale (Mr Dunham) be discharged from further attendance on the Public Accounts Committee and the Sessional Committee on the Environment;

(5) the Member for Brennan (Mr Burke) be discharged from further service on the Standing Orders Committee;

(6) the Member for Goyder (Mr McCarthy) be discharged as an alternate Member of the Legal and Constitutional Affairs Committee;

(7) the Member for Drysdale (Mr Dunham) be discharged from further service on the Public Accounts Committee;

(8) Members be appointed to those committees as follows:

House Committee –

Mrs Hickey and Mr Balch;

Standing Committee on Privileges -

Ms Martin and Mr Burke;

Standing Committee on Subordinate Legislation and Publications –

Mr Rioli;

Standing Committee on Public Accounts –

Dr Lim;

Standing Committee on Legal and Constitutional Affairs –

Mr Balch (alternate member);

Standing Orders Committee –

Mr Coulter; and

Sessional Committee on the Environment –

Mr Hatton. (Paper 894)

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Suspension of sitting:

The sitting was suspended between 11:13 h and 14:00 h.

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12. STATEMENT – MEDIA PHOTOGRAPHS OF MEMBERS:

The Speaker advised Honourable Members that his permission had been given for representatives of the Northern Territory News to take photographs of Members and media footage without sound during Question Time this day.

13. STATEMENT BY SPEAKER – DISSENT FROM RULINGS:

The Speaker (Mr McCarthy) made a statement relating to recent motions of dissent to rulings of the Speaker as follows:

I wish to take this early opportunity to advise Honourable Members of my intentions in making rulings and in the interpretation of Standing Orders, consequent upon the passing of the motion of dissent from a ruling by Speaker Braham on 3 December 1998.

I consider that this particular issue is critical to the future conduct of debates in this Assembly. I have already convened a meeting of the Standing Orders Committee which has discussed these matters of concern.

Honourable Members will be aware that a vote of the Assembly should not be reflected upon. However, it is my opinion and the opinion of that committee, that, if the ramifications of that resolution were to be considered binding upon successive Speakers of this Assembly, free-flowing and vigorous debate in this Chamber would be severely stifled.

Standing Order 64 states:

“when the attention of the Speaker is drawn to words used he shall determine whether or not they are offensive or highly disorderly.”

This allows the Speaker to have a discretion in determining if words are unparliamentary or not.

It is my intention to make interpretations, rulings and determinations on points of orders raised, taking into account the context of a particular debate and other relevant factors and considerations, but also being mindful of the body of precedent and practice that this Assembly has developed over nearly 25 years.

I would be pleased to discuss the matters raised in this statement with any Honourable Member and should there be any further matters of concern. I am prepared to refer those issues to the Standing Orders Committee for further consideration.

14. PETITION:

The Member for Victoria River (Mr Baldwin) presented a petition form 11 petitioners requesting the Assembly to conduct a plebiscite of residents of the Fog Bay/Dundee Beach/Bynoe Harbour areas to determine their wishes to have a Local Government area declared (Paper 894).

Responses to petitions:

The Clerk in accordance with Standing Order 100A Tabled 4 responses to petitions and advised of their incorporation in the

Hansard

(Papers 896 to 899).

15. NOTICES:

The following notices were given:

Mr Burke: To present the Lands and Mining (Miscellaneous Amendments) Bill 1999 (Serial 141).

Mr Stirling: To move – That this Assembly call on the Country Liberal Party government to drop mandatory imprisonment for juveniles committing property offences in view of:

(a) the government’s failure to demonstrate the policy’s effectiveness in reducing property offences;

(b) the risk of increasing the likelihood of offenders offending again after imprisonment;

(d) the fact other more appropriate sanctions such as community work orders are not employed because of the mandatory imprisonment regime; and

(e) the economic cost of imprisonment for juveniles.

Mr Toyne: To move – That this Assembly resolve that:

The negotiation and resourcing of Regional Agreements offers a crucial opportunity to grow the Territory economy, bring Territorians together, and reduce the mounting cost of the poverty cycle to the public purse; and

The Northern Territory should urgently review its past policies of confrontation and neglect and institute with goodwill, genuine negotiations with all stakeholders aimed at the establishment of Regional Agreements as an regional development initiative and as a positive response to Native Title.

16. QUESTIONS:

14:05 Mr Martin to Mr Burke.

14:10 Mr Balch to Mr Burke.

14:14 Ms Martin to Mr Burke.

14:19 Mr Mitchell to Mr Baldwin.

Papers tabled:

The Minister for (Mr Baldwin) laid on the Table the following Papers –

Lands Acquisition Act 1997 of Western Australia – Extract section 72 to 74 inclusive (Paper 920);
Media Briefing – Land Use Planning and Release of Crown Land for Development, Friday 12 February 1999
(Paper 919);
Advertisement – Palmerston Town Council – Expressions of Interest, Motel Style Accommodation, Lot 4177, Palmerston (Paper 921); and
Brochure, The Sale of Crown Lands, a public information brochure which outlines the methods of sale and related policy guidelines by Department of Lands, Planning and Environment (Paper 918).

14:25 Ms Martin to Mr Burke.

14:30 Mr Lugg to Mr Reed.

14:27 Ms Martin to Mr Burke.

14:37 Mr Balch Mr Burke.

14:40 Mr Stirling to Mr Burke and referred to Treasurer Mr Reed.

14:44 Mr Hatton to Mr Manzie.

14:50 Mr Toyne to Mr Burke.

14:51 Mr Elferink to Mr Adamson.

Papers tabled:

The Minister for School Education (Mr Adamson) laid on the Table the following Paper –

Press release, Indigenous Education Council N T (IECNT), dated 16 December 1994 (Paper 922);

14:57 Mr Stirling to Mr Burke.

14:58 Dr Lim to Mr Baldwin.

15:03 Ms Martin to Mr Burke.

Paper tabled:

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

Article, Sunday Territorian, dated 13 February 1998 – Martin starts in old-fashion way - by lying (Paper 917).

Supplementary answers:

Mr Reed provided a supplementary answer to a question asked earlier this day by Mr Stirling.

Papers tabled:

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

Letter, Mr Stirling to the Honourable M Reed, dated 17 June 1998 (Paper 927); and
List of property leasing details by building and location, Appendix A, dated 16 June 1998 (Paper 928).

The Leader of Government Business (Mr Coulter) asked that further questions be placed on the Question Paper

17. LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE – AMENDMENT TO REPORTING DATE, STATEHOOD – MOTION AGREED TO:

The Leader of Government Business (Mr Coulter), by leave, moved – That, all words after "Assembly" in paragraph (b), as contained in the motion passed by this Assembly on 7 October 1998, relating to the Standing Committee on Legal and Constitutional Affairs, be omitted and the following words inserted in their stead - "during the April 1999 sittings.".

Question – put and passed.

18. PARLIAMENTARY COMMITTEES – HOUSE COMMITTEE MEMBERSHIP:

The Leader of Government Business (Mr Coulter), by leave, moved – That the Member for Millner (Mr Mitchell) be appointed to the House Committee.

Question – put and passed.

19. PENALTIES BILL 1998 (Serial 124); INTERPRETATION AMENDMENT BILL 1998 (Serial 125); and SENTENCING AMENDMENT BILL (No. 2) 1998 (Serial 126):

The Order of the Day having been read for the resumption of the debate on the question – That the Bills be now read a second time –

Debate ensued.

Question – put and passed.

Bills read a second time.

Leave granted for 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.

20. CRIMINAL CODE AMENDMENT BILL (No. 3) 1998 (Serial 122):

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 for the third reading of the Bill to be moved forthwith.

On the motion of the Chief Minister (Mr Burke) the Bill were read a third time and passed to be a proposed law.

21. ADJOURNMENT:

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

Debate ensued.

Paper tabled:

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

Dealing with Alcohol in Alice Springs, An assessment of policy options and recommendations for action; Draft Report to the Alcohol Reference Group and ATSIC Regional Office, Alice Springs, November 1998 by Maggie Brady and David F Martin (Paper 929).

Debate continued.

Question – put and passed.

And the Assembly adjourned at 16:40 h until 10:00 h on Wednesday 17 February 1999.

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PAPERS:

The following Papers were deemed to have been presented on Wednesday 16 February 1999:

Annual Reports

Gurig National Park, Coburg Peninsula Sanctuary and Marine Park Board, 1997/98 (Paper 925)

Nitmiluk National Park, 1997/98 (Paper 926)

Northern Territory Government Conditions of Service Trust, 1997/98 (Paper 924)

By-Laws 1999

Coomalie Community Government By-Laws (Paper 900)

Regulations 1998

No. 54, Local Government (Road Opening and Closing) Regulations (Paper 901)

No. 55, Amendment of Superannuation Regulations (Paper 902)

No. 56, Trans-Tasman Mutual Recognition (Temporary Exemptions) Regulations (Paper 903)

No. 57, Amendments of Commercial Passenger (Miscellaneous) Regulations (Paper 904)

No. 58, Amendments of Private Hire Car Regulations (Paper 905)

No. 59, Amendments of Taxi Regulations (Paper 906)

No. 60, Amendments of Passenger Bus Regulations (Paper 907)

No. 61, Amendment of Tourist Vehicles Regulations (Paper 908)

No. 62, Commercial Passenger Vehicles (Cancelled Licences) Regulations (Paper 909)

No. 63, Minibus Regulations (Paper 910)

No. 64, Gaming Control (Internet Gaming) Regulations (Paper 911)

No. 65, Waste Management and Pollution Control (Administration) Regulations (Paper 912)

No. 66, Amendment of Justices (Territory Infringement Notices Enforcement Scheme) Regulations (Paper 913)

Regulations 1999

No. 1, Palmerston (Signs, Hoardings and Advertising) By-Laws (Paper 914)

No. 2, Fuel Subsidies Regulations (Paper 915)

No. 3, Amendments of Fisheries Regulations (Paper 916)

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ATTENDANCE:

All Members attended the sitting except Mrs Hickey, on leave.

Last updated: 04 Aug 2016

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Minutes of Proceedings - 1999-02-16