Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1995-08-22

Seventh Assembly First Session 22/08/1995 Parliamentary Record No. 14
__________________________________________________________________________________

Date : 22/08/1995
__________________________________________________________________________________

1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable T.R. McCarthy, took the Chair.

2. PRAYERS.

3. FILMING IN THE CHAMBER:
The Speaker advised Honourable Members that permission had been given for the
Television News Agency to film file footage on behalf of Imparja Television.

4. DISTINGUISHED VISITOR:
The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence
in the Speaker's Gallery of Mr Nick Dondas, AM, formerly Speaker of the Legislative
Assembly from 1989 to 1994 and formerly Member for Casuarina from 1974 to 1994.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.
Visitors: The Speaker (Mr McCarthy) drew the attention of Honourable Members to the
presence in the gallery of Year 7 students from St Mary's Primary School and their
teacher, Mrs Lyn Taylor.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

5. NOTICE:
The following notice was given -
Mr Ede: To move - That this Assembly:

(1) condemns the resumption of nuclear testing by the People's Republic of China;

(2) reaffirms its condemnation of nuclear testing by France;

(3) calls on all States and Nations with nuclear capacity to join with the rest of the
world in ratifying a comprehensive nuclear test ban treaty; and

(4) forwards a copy of the motion to the Minister for Foreign Affairs urging that he
accelerates his efforts towards a comprehensive nuclear test bans treaty.

6. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -

. Department of Prime Minister and Cabinet, Office of the Status of Women -
Community Attitudes to Violence against Women, Executive Summary, dated July 1995 (Paper 1917).

Further questions were asked of Ministers.

Page 337

Supplementary answer: The Minister for Education and Training (Mr Hatton) gave a
supplementary answer to a question asked by the Member for Macdonnell (Mr Bell) this day.
Personal explanation: The Member for Macdonnell (Mr Bell), by leave, made a
personal explanation, pursuant to Standing Order 54, regarding comments made by the
Minister for Education and Training (Mr Hatton) during the supplementary answer.

7. PERSONAL EXPLANATION:
The Minister for Health Services (Mr Finch), by leave, pursuant to Standing Order 54,
made a personal explanation regarding claims by the Opposition that he had, as Minister
for Education and Training, misled the Assembly during the Committee stages of the Appropriation Bill 1995-96.
Papers tabled: Mr Finch laid on the table the following Papers -

. Copy of Questions and Answers relating to Modular Metal Products asked
during Committee stages of the Appropriation Bill 1995-96 (Paper 1918); and

. Page 29 of the Auditor-General's Annual Report for the year ending 30 June 1993 (Paper 1919).

8. PUBLIC ACCOUNTS COMMITTEE EVIDENCE - MOTION NEGATIVED:
The Member for Wanguri (Mr Bailey), by leave, moved - That so much of Standing
Orders be suspended as would prevent him moving the following motion - That -

The Legislative Assembly, pursuant to Standing Order 251, order that, by the
adjournment of the Assembly on Wednesday 23 August 1995, the following documents be produced:

(1) the transcript of Mr Peter Allen's evidence to the Public Accounts Committee
relating to the purchase of wheelchairs from Modular Medical Products during
that Committee's inquiry into the Auditor-General's Annual Report for the 1992-93 financial year;

(2) correspondence between the then Minister for Education and Training, the
Honourable Shane Stone, MLA, and the then Secretary of the Department of
Education and Training relating to the purchase of wheelchairs;

(3) correspondence between Minister Stone and Minister Hatton relating to
Modular Medical Products, the purchase of wheelchairs from Modular
Medical Products, or the financial situation of Modular Medical Products;

(4) any agreements between the Northern Territory Government and Modular
Medical Products, including any contract allowing Modular Medical Products to
buy back company shares owned by the Northern Territory Government; and

(5) any correspondence between the Secretary of the Department of Industries
and Development and the then Minister for Education and Training, or the
Secretary of the Department of Education relating to either Modular Medical
Products or the purchase of wheelchairs.

The Leader of Government Business (Mr Coulter) moved -
That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

Page 338

AYES, 15 NOES, 8

Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy
Mr Finch Ms Martin
Mr Hatton Mr Rioli
Dr Lim Mr Stirling
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.
Question - That the motion be agreed to - put.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 8 NOES, 16

Mr Bailey Mr Adamson
Mr Bell Mr Baldwin
Mr Ede Mrs Braham
Mrs Hickey Mr Burke
Mr Lanhupuy Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr McCarthy
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone

Motion negatived accordingly.

9. PERSONAL EXPLANATION:
The Member for Wanguri (Mr Bailey), by leave, pursuant to Standing Order 57, made a
personal explanation relating to the matter of the alleged misleading of the Assembly by
the then Minister for Education and Training (Mr Finch) during the Committee stage
debate of the Appropriation Bill 1993-94.

Page 339

The Leader of Government Business (Mr Coulter) moved - That the Member for
Wanguri (Mr Bailey) be not further heard.
Question - put and passed.

10. OFFICE OF THE AUDITOR-GENERAL, ANNUAL REPORT, AUGUST 1995 -
PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
The Speaker laid on the Table the Report of the Office of the Auditor-General for the end
of the financial year 1994-95, dated August 1995 (Paper 1920).
The Leader of Government Business (Mr Coulter) moved - That the Report be printed.
Question - put and passed.
Mr Coulter moved - That the Assembly take note of the Paper.
Ordered - That Mr Coulter have leave to continue his remarks at a later hour.
Debate adjourned.

11. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE -
SIXTEENTH REPORT - PAPER TABLED:
The Chairman of the Subordinate Legislation and Tabled Papers Committee
(Mr Setter) laid on the Table the Sixteenth Report of the Subordinate Legislation and
Tabled Papers Committee (Paper 1921).

12. PUBLICATIONS COMMITTEE - THIRD AND FOURTH REPORTS - PAPERS
TABLED - REPORTS ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Third and
Fourth Reports of the Publications Committee recommending that the following
Papers be printed -

PUBLICATIONS COMMITTEE

Third Report

The Publications Committee, having considered petitions and papers presented to the
Legislative Assembly during the period 23 November to 1 December 1994, recommends
that the following be printed:
Date
Title Presented
Aboriginal Areas Protection Authority, Annual Report 1993-94 1.12.94
Alice Springs Heritage Precinct Conservation 30.11.94
Management Plan
Alice Springs Hospital Management Board, Annual 1.12.94
Report 1993-94
Batchelor College, Annual Report 1993 1.12.94
Cobourg Peninsula Sanctuary Board, Annual 23.11.94
Report 1993-94
Conservation Commission of the Northern 23.11.94
Territory, Annual Report 1993-94
Darwin Bus Service, Financial Statements 1993-94 1.12.94
Darwin Port Authority, Annual Report 1993-94 1.12.94
Department of Health and Community Services, 1.12.94
Annual Report 1993-94
Department of Industries and Development, 1.12.94
Ministry of Asian Relations and Trade, Annual Report 1993-94

Page 340

Title

Department of Primary Industries and Fisheries,
Annual Report 1993-94 1.12.94
Department of Sport and Recreation, Annual Report 1993-94 29.11.94
Department of the Legislative Assembly, Annual Report 1993-94 1.12.94
Department of Transport and Works, Annual Report 1993-94 22.11.94
Government Printing Office, Financial Statements 1993-94 22.11.94
Jabiru Town Development Authority, Annual Report 1993-94 1.12.94
Legislative Assembly Members' Superannuation
Trust Annual Report 1993-94 1.12.94
Local Government Grants Commission, Annual Report 1993-94 1.12.94
Menzies School of Health Research, Annual Report 1993-94 1.12.94
Museums and Art Galleries of the Northern Territory,
Annual Report 1993-94 24.11.94
National Crime Authority, Annual Report 1993-94 22.11.94
Nitmiluk (Katherine Gorge) National Park, Annual Report 1993-94 29.11.94
Northern Territory Employment and Training Authority,
Annual Report 1993 1.12.94
Northern Territory Government and Public Authorities
Superannuation Scheme, Annual Report 1993-94 1.12.94
Northern Territory Government Conditions of Service Trust,
Annual Report 1993-94 1.12.94
Northern Territory Housing Commission, Annual Report 1993-94 1.12.94
Northern Territory Legal Aid Commission, Annual Report 1993-94 1.12.94
Northern Territory Police, Fire and Emergency Services,
Annual Report 1993-94 22.11.94
Northern Territory Road Safety Strategy, (First) Annual Report 1993-94 1.12.94
Northern Territory Treasury, Annual Report 1993-94 1.12.94
Report on Public Comments on the Alice Springs Heritage Precinct
Draft Conservation Management Plan 30.11.94
Report, Looking Ahead, Plan of Action for Women in the
Northern Territory to the year 2000 1.12.94
Report, Meeting the needs of Women with Drinking Problems in
Darwin, September 1994 1.12.94
Road Safety Council of the Northern Territory, Annual Report 1993-94 1.12.94
Sessional Committee on Constitutional Development,
Annual Report 1993-94 1.12.94
Sessional Committee on Use and Abuse of Alcohol by the
Community, Annual Report 1993-94 1.12.94
Strehlow Centre Board, Annual Report 1993-94 24.11.94
Tennant Creek Hospital Management Board, Annual Report 1993-94 1.12.94
Territory Insurance Office, Annual Report 1993-94 24.11.94
The Surveyors Board of the Northern Territory, Annual Report 1993-94 23.11.94

Page 341

Trade Development Zone Authority, Annual Report 1993-94 1.12.94
Treasurer's Annual Financial Statements for the 1.12.94
year ended 30 June 1994

Fourth Report

The Publications Committee, having considered petitions and papers presented to the
Legislative Assembly during the period 28 February to 2 March 1995, recommends that
the following be printed:

Date
Title Presented

Alice Springs Heritage Precinct, Conservation Management Plan, 2.3.95
November 1994
Alice Springs Heritage Precinct, Report on Public Comments on the 2.3.95
Draft Conservation Management Plan, September-October 1994;
July-December 1993
Committee of Privileges, Report on matters referred to the committee 2.3.95
by the Speaker on 30 August 1994, Report
Department of Correctional Services, Annual Report, 1994 2.3.95
Report pursuant to section 5 of the Juvenile Justice Act
Katherine Hospital Management Board, Annual Report 1993-94 21.2.95
Mental Health Act, Annual Report 1993-94 21.2.95
Northern Territory Constitutional Convention, Interim Report No. 1, A 2.3.95
Office of Ethnic Affairs 1993-94, Annual Report, 2.3.95
Office of the Auditor-General, Mid Year Report to the 21.2.95
Legislative Assembly, February 1995
Office of the Valuer-General, Annual Report 1993-94 21.2.95
Parole Board of the Northern Territory, Parole of Prisoners, 2.3.95
Report of the Parole Board of the Northern Territory,
year ending 31st December 1994, Annual Report
Public Trustee for the Northern Territory, 1994, Annual Report 2.3.95
Racing and Gaming Authority (Incorporating the Racing Commission) 2.3.95
First Annual Report 1994, Annual Report
Registrar of Financial Institutions for year ended 1993/94, Annual Report 2.3.95
Review of the Northern Territory Police by Mr R (Peter) McAulay AO, 21.2.95
QPM, FAIM, MAICD and Mr R G Bowe, B.Ec, February 1995,
Report
Royal Darwin Hospital Management Board, Annual Report 1993-94, 22.2.95
Select Committee on Effects of Poker Machines in Community 23.2.95
Community Venues, February 1995, Report

(Paper 1922)
R A SETTER
CHAIRMAN
_____________________________

Page 342

Mr Setter moved - That the Reports be adopted.
Question - put and passed.

13. ALICE SPRINGS TO DARWIN RAILWAY - MOTION:
The Minister for the Railway (Mr Coulter), by leave, moved - That -

The Legislative Assembly of the Northern Territory:

(1) reaffirms its commitment to the completion of Australia's National Rail
Network and construction of the last link in that network, the Alice Springs to
Darwin Railway;

(2) requests the Commonwealth of Australia to honour its legislative and
constitutional obligations to ensure completion of the rail link in the Northern
Territory;

(3) urges the Commonwealth of Australia to:

(a) adopt a collaborative approach to developing the railway project, as
recommended in the recent Report of the Committee on Darwin;

(b) recognise the need to capture the considerable savings for Australia
available when existing long-distance freight is moved from road to rail
along the central corridor;

(c) reject the notion that the railway will not produce any significant benefit
in terms of -

(i) northern development;

(ii) regional security; or

(iii) growth in international trade; and

(d) note that with determined effort the railway could be completed for the
turn of the century;

(4) that this motion, its result and associated debate be communicated as soon as
possible to the Prime Minister of Australia.

Mr Coulter made a Statement relating thereto (Paper 1923).
Paper tabled: Mr Coulter laid on the Table the following Paper -

. The Northern Territory Surrender Act, 1907 (Paper 1924).
____________________

Suspension of sitting: The sitting was suspended between 11.58 a.m. and 2.15 p.m.
____________________

Debate resumed.
The Minister for Asian Relations, Trade and Industry (Mr Poole) was granted leave to
continue his remarks at a later hour - debate adjourned.

Page 343

14. PROPOSED TRUSTEE AMENDMENT BILL (No. 2) - DISCUSSION PAPER
- PAPER TABLED - MOTION TO NOTE PAPER:
The Attorney-General (Mr Hatton) laid on the Table the following paper -

. Proposed Trustee Amendment Bill (No. 2), Possible Introduction of the
Prudent Person approach to Authorised Trustee Investment in the
Northern Territory, Discussion Paper, dated August 1995 (Paper 1925).

Mr Hatton moved - That the Assembly take note of the Paper.
On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.

15. BILATERAL AGREEMENT FOR ABORIGINAL HOUSING - MINISTERIAL
STATEMENT - STATEMENT NOTED:
The Minister for Housing (Mr Manzie) made a statement relating to the signing of a
bilateral agreement on Aboriginal Housing on 30 June 1995 by representatives of
the Territory and Federal Governments and the Aboriginal and Torres Strait Islander Commission (Paper 1926).
Mr Manzie moved - That the Assembly take note of the Statement.
Debate ensued.
And the Member for Macdonnell (Mr Bell) not being recognising by the Deputy
Speaker (Mr Adamson) made certain remarks.
Point of order: The Member for Greatorex (Dr Lim) drew to the attention of the Assembly
that Mr Bell's remarks were unparliamentary.
Member named: And the point of order being upheld the Deputy Speaker
(Mr Adamson) requested Mr Bell to withdraw his unparliamentary remarks and Mr Bell
failing to withdraw his remarks the Deputy Speaker named the Honourable Member.
_______________________

Dissent from Deputy Speaker's Ruling: The Member for Wanguri (Mr Bailey) moved
dissent from the Deputy Speaker's ruling that the Member for Macdonnell (Mr Bell)
would not be recognised by the Chair whilst not being appropriately attired.
The Leader of Government Business (Mr Coulter) moved - That the question be now put.
Question - put and passed.
Question - That the Speaker's ruling be dissented from - put and negatived.
______________________

Member suspended: And the Member for Macdonnell (Mr Bell) continuing to interject
and failing to withdraw unparliamentary remarks -
The Leader of Government Business (Mr Coulter) moved - That the Member for
Macdonnell (Mr Bell) be suspended from the service of the Assembly.
Question - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 14 NOES, 8

Mr Adamson Mr Bailey
Mr Baldwin Mr Bell
Mrs Braham Mr Ede
Mr Burke Mrs Hickey
Mr Coulter Mr Lanhupuy

Page 344

Mr Hatton Ms Martin
Dr Lim Mr Rioli
Mr Manzie Mr Stirling
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone

And so it was resolved in the affirmative.
The Member for Macdonnell (Mr Bell) was therefore, suspended at 6.21 p.m. for
24 hours, pursuant to Standing Order 241 and he accordingly withdrew from the Chamber.
Debate continued.
Question - put and passed.

16. FURTHER NOTICES:
The following notices were given, by leave:
Mr Coulter: To present the Racing and Betting Amendment Bill (No. 2) 1995 (Serial 96).
Mr Reed: To present the Stamp Duty Amendment Bill (No. 2) 1995 (Serial 92).
Mr Reed: To present the Taxation (Administration) Amendment Bill 1995 (Serial 97).

17. ADJOURNMENT:
The Leader of Government Business (Mr Coulter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 8 56 p.m. until tomorrow at 10.00 a.m.

==========================
ATTENDANCE:
All Members attended the sitting.

Page 345
Last updated: 04 Aug 2016