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Minutes of Proceedings - 2001-07-03

Eighth Assembly First Session 26/06/2001 Parliamentary Record No. 29
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Date : 03/07/2001
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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. PETITIONS:
      The Member for Stuart (Dr Toyne) presented a petition from 335 petitioners relating to inadequate provision of classrooms and facilities for children attending Woodroffe Primary School in Palmerston. (Paper 2568)
      Petition read.

      Responses to petitions: The Clerk laid on the Table responses to petitions No. 61, 69 and 74 and advised Members that they would be incorporated in the Hansard record for the day. (Paper 2569)

4. NOTICES:
      The following Notices were given:
      Mr Burke: To present the Local Court Amendment Bill 2001 (Serial 329).
      Mr Burke: To present the Small Claims Amendment Bill 2001 (Serial 330).
      Mr Burke: To present the Criminal Code Amendment Bill (No. 2) 2001 (Serial 338).
      Ms Martin: To present the Workmen’s Liens Amendment Bill 2001 (Serial 341).
      Ms Martin: To move - That, this Assembly call on the Minister for Lands, Planning and Environment to -
              1. Reverse the decision made by the Chairman of the Development Consent Authority which made major variations to the land use objectives for Rapid Creek.
              2. Honour the commitment given in the Rapid Creek land use objectives to maintain a 100 metre conservation corridor along Rapid Creek.
              3. Keep faith with the hundreds of Darwin residents who contributed over an 18 month period to the formation of the Rapid Creek land use objectives.

      Mr Stirling: To move – That, this Assembly direct the Attorney-General to prepare specific legislation to provide:

              1. That any complaint of an alleged sexual offence is to be fast tracked.

              2. Once a charge of a sexual offence is made it must be listed for committal hearing to commence within three months from the date of the offender being charged.

              3. Within three months of the completion of committal a trial in the supreme court is to commence.

              4. The legislation should be as strict as possible making it plain that parliament considers it mandatory that both prosecution and defence abide by the rules.

              5. All possible assistance should be given to courts to enable them to produce procedures for fast tracking which are simple and practicable .

              6. That extensions of time for the above rules may be granted by the court in exceptional cases and subject to such strict conditions as the court may impose.

      Mr Stirling: To move - That, this Assembly express its concern at the -
              (a) overuse of temporary contracts in the Northern Territory Public Service;

              (b) demoralisation of public servants being caused by ill considered outsourcing and organisational change;

              (c) loss of corporate memory and expertise as a result of indiscriminate use of redundancies to reduce staff levels;

              And further resolves that our public servants will be better able to perform their duties if -
              (d) separation of powers between politicians and public servants is restored to allow public servants to give frank and fearless advice to government;
                (e) administrative standards and internal procedures are freed from political interference; and
                  (f) structure and functions of the public service are stabilised.
        5. QUESTIONS:
            10:06 Ms Martin to Mr Burke.
            10:11 Mr Elferink to Mr Burke.
            10:17 Mr Stirling to Mr Reed.
            10:19 Mr Mills to Mr Reed.
            10:22 Dr Toyne to Mr Lugg.
            10:27 Mr Hatton to Mr Reed.
            10:30 Mr Stirling to Mr Burke.
            10:32 Ms Carter to Mr Baldwin.
            10:36 Mrs Braham to Dr Lim.
            10:38 Ms Martin to Mr Burke.
            10:41 Mr Elferink to Mr Adamson.
            10:47 Mr Henderson to Mr Burke.
            Return to Order: The Chief Minister (Mr Burke) asked that, pursuant to Standing Order 256, the Member for Wanguri (Mr Henderson) table the document he had quoted from during his question preamble.
            Mr Henderson thereupon laid on the Table the following Paper –
        Schedule of Labour Hire/companies and Others Providing Independent Contractors, 2000 to 2001 (Paper 2573).

            10:50 Mr Mitchell to Mr Manzie.
            10:56 Ms Martin to Mr Dunham.
            10:58 Mr Elferink to Mr Baldwin.

            The Leader of the Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.
        6. PASTORAL LAND REHABILITATION IN THE SEMI-ARID TROPICS OF THE NORTHERN TERRITORY – PAPER TABLED:
            The Minister for Lands, Planning and the Environment (Mr Baldwin) laid on the Table the Pastoral Land Rehabilitation in the Semi-Arid Tropics of the Northern Territory 1946-1996, technical report No. 26/2001D. (Paper 2570)
            Mr Baldwin made a statement relating thereto.

        7. FOUNDATIONS FOR OUR FUTURE, LIFESTYLE - MINISTERIAL STATEMENT – STATEMENT NOTED:
            The Chief Minister (Mr Burke) made a statement on the prospects for future development projects and quality of life for Territorians. (Paper 2571)
            Mr Burke moved – That the Assembly take note of the Statement.
            Debate ensued.
            Suspension of sittings: The sittings of the assembly was suspended between 11:59 h and 14:00 h.
            Debate resumed.
            Return to Order: The Minister for Health, Family and Children’s Services (Mr Dunham) asked that, pursuant to Standing Order 256, the Member for Arnhem (Mr Ah Kit) Table the documents he had quoted from during his debate.
            Mr Ah Kit thereupon laid on the Table the following Papers –
        Regional Agreements, Labor Northern Territory (Paper 2578); and
        Taxi Reform Plan 2001, Labor Northern Territory (Paper 2579).

            Debate continued.
            Question – put and passed.
        8. MINING MANAGEMENT BILL 2001 (Serial 301) and MINING AMENDMENT BILL 2001 (Serial 302):
            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.
            The Assembly resolved itself into Committee of the Whole for consideration of the Bills.
            In Committee
            (Chairman – Mr Mitchell)

            Bills, by leave, taken together.
            Mr Manzie, by leave, moved – That the Schedule of Amendments No. 94, standing in his name relating to the Mining Management Bill 2001 (Serial 301), be taken together and put, forthwith.
            Question – put and passed.

            Mr Manzie thereupon moved the Schedule of Amendments No. 94.
            The consideration of the Bills was accordingly as follows:

            Mining Management Bill 2001 (Serial 301):

            Clause 4 –
            Omit 'and' from paragraph (d) of the definition of "mining activity" and substitute 'or'.
            Add at the end of the definition of "mining activity" the following:
                '(f) operations for the care and maintenance of a mining site when an activity referred to in paragraph (a), (b), (c) or (d) is suspended;'.
            Omit 'holds, or has held,' from paragraph (a) of the definition of "mining site" and substitute 'holds'.
            Omit 'Minister' from paragraph (c) of the definition of "mining site" and substitute 'Minister, by notice in the Gazette,'.
            Omit paragraph (b) of the definition of "serious accident" and substitute the following:
                '(b) a person to suffer an injury, a work related illness or an occupational disease such that the person is unable to carry out the full range of his or her normal work activities for one or more shifts; or'.

            Clause 7 –
            Omit from subclause (1) 'in writing' and substitute 'by notice in the Gazette'.

            Clause 10 –
            Omit from subclause (2) 'a person to be the' and substitute 'an'.

            Clause 11 –
            Omit from subclause (1) 'supervisors or workers' and substitute 'a class of persons'; and
            Omit from subclause (3) 'perform duties or do' and substitute 'carry out'.

            Clause 17 –
            Omit subclause (3) and substitute the following:
                '(3) A worker must report to the operator for the site or, if employed by a contractor, to his or her employer –

                (a) the occurrence of an accident or critical incident; or

                    (b) a situation that the worker has reason to believe may present a risk to the safety or health of another person or to the environment,
                as soon as practicable after becoming aware of the occurrence or situation.'.

            Clause 29 –
            Omit from subclause (2) 'a written report' and substitute 'written confirmation of the occurrence'.

            Clause 37 –
            Omit from subclause (3)(b) 'of environmental' and substitute 'of any environmental'.

            Clause 38 –
            Add at the end of subclause (1) 'and including with the application a revised mining management plan'; and
            Omit from subclause (3) 'Before varying an Authorization, the Minister must be satisfied that the effect of the variation will not be detrimental to' and substitute 'The Minister must not vary an Authorization unless the variation will have the effect of improving'.

            Clause50 –
            Add at the end of subclause (1)(a) the following:

                '(v) competencies required by mining officers;'.
            Clause 51 –
            Insert after subclause (1) the following:
                '(1A) Before appointing a member of the Mining Board, the Minister must request each organisation in the Territory representing the mining industry to nominate one or more persons for appointment.

                '(1B) If sufficient nominations are received by the Minister after making a request under subsection (2), the Minister must ensure that the majority of the members of the Mining Board comprises persons nominated by organisations representing the mining industry.'; and


            Omit from subclause (2) 'Board' and substitute 'Board who is not nominated by an organisation representing the mining industry'.

            Clause 52 –
            Omit from subclause (1) 'Board' and substitute 'Board who is not an employee within the meaning of the Public Sector Employment and Management Act'.

            Clause 56 –
            Omit from subclause (1) '3 meetings' and substitute 'one meeting'.

            New Clause -
            Insert after clause 77 the following:

                '77A. Averments
                'In a proceeding for an offence against this Act, an averment in the information or complaint that at a specified time –
                    (a) a specified place was a mining site or specified mining activities were being carried out;

                    (b) a specified person was –

                    (i) the owner of or operator for a specified mining site;

                    (ii) an employer of workers at a specified mining site;

                    (iii) a worker at a specified mining site; or

                    (iv) a mining officer;

                    (c) a specified person was or was not the holder of an Authorisation;

                    (d) a specified Authorisation had been granted, varied or revoked;

                    (e) a specified Authorisation contained specified conditions;

                    (f) a specified substance was a contaminant or waste;

                    (g) a direction, instruction, notice or requirement permitted or required to be given or imposed under this Act had been given or imposed or had not been given or imposed; or

                    (h) a specified guideline was in force,

                        is to be taken to have been proved in the absence of proof to the contrary.'.

            New Clause –
            Insert after clause 84 the following:

                '84A. Evidence
                '(1) In a proceeding, it is not necessary to prove –
                    (a) the appointment of the Chief Executive Officer, a mining officer or a member of the Mining Board;

                    (b) the authority of the Minister, the Chief Executive Officer, a mining officer or a member of the Mining Board to exercise a power or perform a function under this Act;

                    (c) a delegation of a power or function by the Minister or the Chief Executive Officer to a person; or

                    (d) the authority of the Chief Executive Officer to commence and conduct a proceeding for an offence against this Act.

                '(2) In a proceeding, a certificate by the Chief Executive Officer certifying any of the following matters or things is evidence of that matter or thing:
                    (a) a copy of –
                        (i) an instrument of appointment under this Act;

                        (ii) a direction, instruction or notice given under this Act; or

                        (iii) a document or extract of a document kept under this Act;

                    (b) a decision, or a copy of a decision, made under this Act;

                    (c) that on a specified day, or during a specified period, a specified appointment of a mining officer or a member of the Mining Board was or was not in force;

                    (d) that on a specified day a specified person was given a specified direction, instruction or notice, or was informed of a specified requirement imposed, under this Act.

                '(3) Apparatus used by or under the direction of a mining officer in accordance with conditions specified in a document for the use of the apparatus is to be taken to be accurate in the absence of evidence to the contrary.

                '(4) A signature purporting to be the signature of the Minister, the Chief Executive Officer, a mining officer or a member of the Mining Board is evidence of the signature it purports to be.'.


            Clause 90 –
            Add at the end of subclause (2)(a) 'and other occupational diseases'.

            Bill to be reported with amendments.

            Mining Amendment Bill (Serial 302):

            Bill, as printed, agreed to.
            Bill to be reported without amendment.
            —————————
            The Assembly resumed; the Speaker resumed the Chair; and the Chairman (Mr Mitchell) reported that the Committee had considered the following Bills and agreed to the –
        Mining Management Bill 2001 (Serial 301), with amendments; and
        Mining Amendment Bill 2001 (Serial 302), without amendment.

            Bills reported, reports adopted.
            On the motion of the Minister for Resource Development (Mr Manzie) the Bills were read a third time and passed to be proposed laws.

        9. JUVENILE JUSTICE AMENDMENT BILL 2001 (Serial 323):
            Suspension of Standing Orders The Minister for Correctional Services (Mr Manzie) moved – That so much of Standing Orders be suspended as would prevent the Juvenile Justice Amendment Bill 2001 (Serial 323), passing through all stages at these sittings.
            Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

            The Order of the Day having been read for 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 Minister for Correctional Services (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
        10. PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 2001 (Serial 336):
            Suspension of Standing Orders The Minister for Correctional Services (Mr Manzie) moved – That so much of Standing Orders be suspended as would prevent the Prisons (Correctional Services) Amendment Bill 2001 (Serial 336), passing through all stages at these sittings.
            Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

            The Order of the Day having been read for 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 Minister for Correctional Services (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
        11. RESIDENTIAL TENANCIES AMENDMENT BILL 2001 (Serial 325):
            Suspension of Standing Orders The Minister for Lands, Planning and Environment (Mr Baldwin) moved – That so much of Standing Orders be suspended as would prevent the Residential Tenancies Amendment Bill 2001 (Serial 325), passing through all stages at these sittings.
            Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

            The Order of the Day having been read for 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 Minister for Lands, Planning and Environment (Mr Baldwin) the Bill was read a third time and passed to be a proposed law.
        12. FISHERIES AMENDMENT BILL 2001 (Serial 289):
            The Order of the Day having been read for 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 Minister for Primary Industry and Fisheries (Mr Palmer) the Bill was read a third time and passed to be a proposed law.
        13. MERLIN PROJECT AGREEMENT, AMENDMENT – PAPER NOTED:
            The Order of the Day having been read for resumption of debate on the question – That the Assembly take note of the Paper and Statement –
            Debate resumed.
            Question - put and passed.
        14. 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 20:15 h until Wednesday 4 July 2001 at 10:00 h.
            PAPERS:
            The following Papers were deemed to have been Tabled on Tuesday 3 July 2001 -
            Regulations 2001:
            No. 32, Amendment of Traffic Regulations (Paper 2574)
            No. 33, Amendments of Gaming Machine Regulations (Paper 2575)
            No. 34, Gaming Machine Rules (Paper 2576)
            No. 35, Amendments of Corporations Law Rules (Paper 2577)

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