Minutes of Proceedings - 1991-10-10
Sixth Assembly First Session 08/10/1991 Parliamentary Record No. 6
__________________________________________________________________________________
Date : 10/10/1991__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. ATTENDANCE OF ANDREW GEORGE BRUYN AT THE BAR:
The Clerk read the following Resolutions agreed to by the Assembly on Wednesday 9 October 1991:
"(1) That the Report of the Committee of Privileges on an item in the 6.30 p.m. News on Channel 8, 1 May 1991,
relating to the Mulholland Advice be adopted; and
(2) That Mr Andrew George Bruyn, Acting General Manager of Territory Television Pty Limited - Channel 8 - do
attend the Legislative Assembly on behalf of Channel 8 at 10.00 a.m. on Thursday, 10 October 1991.".
The Serjeant-at-Arms informed the Assembly that Mr Bruyn was in attendance.
The Speaker directed the Serjeant-at-Arms to have Mr Bruyn attend at the Bar of the Assembly.
And Mr Bruyn being at the bar -
The Speaker said:
Mr Bruyn, the decision of the Assembly is that, as Acting General Manager, Channel 8, you should be
reprimanded and warned because Channel 8, in an item in the 6.30 p.m. News of 1 May 1991, published
matters contained in the unexpurgated version of the Mulholland Advice tabled on 30 April 1991 and because
that publication was contrary to an Order of the Assembly of 30 April 1991 and was thus a contempt of the Assembly.
Mr Bruyn, Channel 8 and its staff in acting contrary to a specific Order of the Assembly have committed a
contempt of Parliament and in this instance have also breached section14 of the Legislative Assembly (Powers and
Privileges) Act.
This is the second time in two years that Channel 8 and its staff have flagrantly disregarded Orders of the
Assembly.
I warn you that any similar action by Channel 8 and its staff in the future will be dealt with most severely.
The Assembly, and indeed the Speaker, have the undoubted power to exclude from the precincts one or all of
the representatives of an offending media organisation.
Page 205
The Legislative Assembly (Powers and Privileges) Act provides for penalties of $2,000.00 or imprisonment
for a term not exceeding six months for offences against that Act; and
Under the Parliamentary Privileges Act 1987 of the Commonwealth and section 4 of the Legislative Assembly
(Powers and Privileges) Act, for contempts of Parliament, the Assembly can impose penalties of:
. Imprisonment for a period not exceeding six months;
. In the case of a natural person a fine not exceeding $5,000.00; or
. In the case of a corporation a fine not exceeding $25,000.00.
Mr Bruyn, Channel 8 and its staff, and indeed all media organisations, must therefore take all due care not to
offend in the future.
Therefore Mr Bruyn, on behalf of the Assembly, I reprimand you, on behalf of Channel 8, for contempt of the
Legislative Assembly.
Mr Bruyn, you may now withdraw.
The Serjeant-at-Arms thereupon escorted Mr Bruyn from the Assembly.
4. PETITIONS:
Mr Bell presented a petition from 48 citizens of the Northern Territory objecting to proposed cuts in education funding.
Petition read.
Mr Ede presented a petition from 58 citizens of the Northern Territory objecting to proposed cuts in education funding.
5. NOTICE:
The following notice was given:
Mr Ede to move -
(1) That the following matter be referred to the Standing Orders Committee: the most appropriate procedure for
considering in detail the departmental estimates contained within the Appropriation Bill; and
(2) That the Committee report to the Assembly in time to effect any recommended changes before consideration of
the 1992-93 Budget.
6. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Minister for Conservation (Mr Reed) laid on the Table the following Paper -
. Letter, Hon M Reed, MLA, Minister for Conservation to Mr John Bailey, MLA, Member for Wanguri,
dated 22 April 1991.
Further questions were asked of Ministers.
Page 206
Papers tabled: The Chief Minister (Mr Perron) laid on the Table the following Papers -
. Legislative Assembly Briefing Note - Northern Territory Police, Fire and Emergency Services, Topic:
Paul Michael Kanaris, dated 1 October 1991;
. Memorandum, Acting Commissioner of Police to Chief Minister, dated 8 October 1991; and
. Briefing Note - Operation Stereo.
Further questions were asked of Ministers.
7. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until Tuesday 12 November 1991 at 10.00 a.m. or such other
time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
Question - put and passed.
8. MATTER OF PUBLIC IMPORTANCE - COSTS AND SAVINGS OF SCHOOL CLOSURES:
The Speaker informed the Assembly that the Member for Macdonnell (Mr Bell) had proposed that the following definite matter of public importance be submitted
to the Assembly for discussion this day:
"the Government's failure to account adequately for the costs and savings of the putative school closures."
And the proposed discussion having received the necessary support -
The Speaker called on Mr Bell to address the Assembly.
Discussion ensued.
Papers tabled: Mr Bell, by leave, laid on the Table the following Papers -
. Letter, Mr B. Ede, MLA, Leader of the Opposition to Hon Shane Stone, MLA, Minister for Education,
dated 20 September 1991.
. Letter, Hon S. Stone, MLA, Minister for Education to Mr Rod Hass, Chairman, Tiwi School Council,
dated 12 September 1991.
. Letter, Hon S. Stone, MLA, Minister for Education to Mr Rod Hass, Chairman, Tiwi School Council,
dated 25 September 1991.
. Letter, Hon S. Stone, MLA, Minister for Education to Dr David Mearns, Council Chairperson, Rapid Creek School,
dated 12 September 1991.
Discussion continued.
__________________
Suspension of sitting: The sitting was suspended between 11.55 a.m. and 2.00 p.m.
__________________
Discussion continued.
Discussion concluded.
Page 207
9. SUSPENSION OF STANDING ORDERS - MOTION NEGATIVED:
The Member for Wanguri (Mr Bailey) moved - That so much of Standing Orders be suspended as would prevent him from moving -
"That this Assembly, pursuant to its powers under section 15 of the Ombudsman (Northern Territory) Act, refers to the
Ombudsman the following matters for his investigation and report:
(1) The apparent failure of the Law Department to advise the Education Department of the findings of a Coronial
inquiry which made findings concerning BCF fire extinguishers;
(2) the apparent failure of the Education Department to act promptly to remove BCF fire extinguishers from
schools, following the tragic death of a Darwin High School student from BCF inhalation;
(3) the alleged harassment of a student at Darwin High School over her opposition to the continued presence
of BCF extinguishers at her school; and
(4) the apparent failure of the Conservation Commission of the Northern Territory to provide facilities for the
safe storage and destruction of BCF fire extinguishers.".
The Attorney-General (Mr Manzie) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 11 NOES, 8
Mr Dondas Mr Bailey
Mr Manzie Mr Cartwright
Mr McCarthy Mr Ede
Mr Ortmann Mrs Hickey
Mr Palmer Mr Lanhupuy
Mr Perron Mr Smith
Mr Poole Mr Stirling
Mr Reed Mr Tipiloura
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put and negatived.
10. STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL 1991(Serial 101):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to revise and amend the law of the Territory in certain respects.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
Page 208
11. COMMITTEE OF PRIVILEGES - AMENDMENT OF STANDING ORDER - MOTION AGREED TO:
The Attorney-General (Mr Manzie) moved - That Standing Order 18 be amended by adding at the end the following paragraph:
"(2) the Committee shall have power to send for persons, papers and records, to adjourn from place to place, to meet
and transact business in public or private session and to sit during any adjournment of the Assembly.".
Debate ensued.
Question - put and passed.
12. ECOLOGICALLY SUSTAINABLE DEVELOPMENT - STATEMENT NOTED:
The order of the day having been read for the resumption of the debate on the motion of the Chief Minister (Mr Perron) (3 October 1991) -
That the Assembly take note of the Statement -
Debate resumed.
Question - put and passed.
13. POLICE ADMINISTRATION AMENDMENT BILL 1991 (Serial 92):
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 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 Chief Minister (Mr Perron) the Bill was read a third time and passed to be a proposed law.
14. WORK HEALTH AMENDMENT BILL (No 2) 1991 (Serial 83):
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 resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Chairman - Mr Poole)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
The Minister for Lands and Housing (Mr Ortmann) moved the following amendment -
Insert before paragraph (a) the following:
"(aa) by omitting the definition of 'independent contractor';".
Debate ensued.
Question - That the words proposed to be inserted, be inserted - put.
Page 209
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Smith
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from the proposed definition of "worker" in paragraph (b) all words after proposed paragraph (b) of that
definition and insert in their stead the following:
"but does not include a person -
(c) who is employed in the service of the Commonwealth;
(d) subject to subsection (2), who is a member of the immediate family of the employer;
(e) subject to subsection (3), who is a director (by whatever name called) of a body corporate;
(f) subject to subsections (7) and (8), who is employed in voluntary work and who receives in relation to that
work; if anything, nothing more than reasonable travelling, accommodation or other out-of-pocket expenses;
(g) who is a person, or a member of a class of persons prescribed for the purposes of this definition; and
(h) who is a person referred to in subsection (10);".
Clause 4, as amended, agreed to.
Clause 5 read.
The Member for Millner (Mr Smith) moved the following amendment -
Omit from proposed section 44A(2), "3 months"and insert in its stead "6 weeks".
Debate ensued.
Amendment negatived.
Page 210
Mr Smith moved the following further amendment
Add at the end of proposed section 44D the following:
"(c) where there has been an accident or dangerous occurrence at the workplace, or there is at the
workplace a risk of imminent and serious injury or harm to any person, at any time and without giving
notice to the employer.".
Debate ensued.
Amendment negatived.
Clause 5 agreed to.
Clauses 6 to 10, by leave, taken together and agreed to.
Clause 11 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Insert after "primary dwelling-house the words "or employment".
Clause 11, as amended, agreed to.
Clause 12 agreed to.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"12A. LUMP-SUM COMPENSATION IN RESPECT OF
DEATH "Section 62 of the Principal Act is amended by adding
at the end the following:
'(4) Except where the Court orders otherwise, an amount
payable under this section for the benefit of a dependant
who is a child of a worker shall be paid, where the child
has not attained the age of 18 years, to the Public Trustee
appointed under the Public Trustee Act who shall hold
the amount on trust for the benefit of that child until the
child attains the age of 18 years.'.".
Clauses 13 to 30, by leave, taken together and agreed to.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"30A. REPEAL
"Section 194 of the Principal Act is repealed.".
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
__________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bill and agreed to the Bill with amendments; and the report was adopted.
The Minister for Lands and Housing (Mr Ortmann) 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.
Page 211
15. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Minister for Transport and Works (Mr Finch) laid on the Table the following Papers -
. Report - 'Implications of Increasing Road Transport Charges for the Northern Territory' by Barry Burgan,
The Centre for South Australian Economic Studies, dated March 1991.
. Media Release - 'Strategy for Rural and Remote Heavy Vehicle Charging Announced' by Warren Snowdon MHR, dated 26 April 1991; and
. Media Release - 'Government Responds to Recommendations on Remote Transport' by Warren Snowdon MHR, dated 6 September 1991.
Debate continued.
Papers tabled: Mr Finch by leave, laid on the Table the following Papers which he was to have tabled during the Matter of Public Importance on Wednesday 9 October 1991 -
. Letter, Hon B. Coulter, Deputy Chief Minister to Mr E. Nakao, Minister for International Trade and Industry, dated 2 August 1991;
. Media Release, 'Three Major Rail Proposals' by Office of EPAC, dated 29 August 1991; and
. Report - 'Three Major Rail Proposals', papers presented to EPAC by Mr Alan Castleman, Hon Marshall Perron, MLA,
Dr D.G. Williams and Mr Roger Beale, dated August 1991.
Debate continued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
. Executive Intelligence Review - Volume 17, No 21 Supplement, dated 30 May 1990.
Debate continued.
Papers tabled: The Member for Victoria River (Mr Cartwright), by leave, laid on the Table the following Papers -
. Letter, Mr G. Cartwright, Member for Victoria River to Hon Max Ortmann, Minister for Lands and Housing, dated 24 July 1991;
. Letter, Hon M. Reed, Minister for Primary Industry and Fisheries to Mr Gary Cartwright, Member for Victoria River, dated 3 September 1991; and
. Newspaper Article, 'Concern about implications of DOA Pit closure', Katherine Times, dated 9 October 1991.
Page 212
Debate continued.
Question - put and passed.
The Assembly adjourned at 7.33 p.m. until Tuesday 12 November 1991 at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
==================
PAPERS:
The following Papers were deemed to have been presented on Thursday 10 October 1991:
Annual Reports:
Department of Law, 1990-91
Industry and Employment Training Advisory Council, 1990-91
Juvenile Justice Board of Management, Northern Region, 1990-91
Juvenile Justice Board of Management, Southern Region, 1990-91
Office of Director of Public Prosecutions (First), year ended 30 June 1991
Treasurer's Annual Financial Statements, 1990-91.
==================
ATTENDANCE:
All Members attended the sitting.
H.G. SMITH
Clerk of the Legislative Assembly.
Page 213
__________________________________________________________________________________
Date : 10/10/1991
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. ATTENDANCE OF ANDREW GEORGE BRUYN AT THE BAR:
The Clerk read the following Resolutions agreed to by the Assembly on Wednesday 9 October 1991:
"(1) That the Report of the Committee of Privileges on an item in the 6.30 p.m. News on Channel 8, 1 May 1991,
relating to the Mulholland Advice be adopted; and
(2) That Mr Andrew George Bruyn, Acting General Manager of Territory Television Pty Limited - Channel 8 - do
attend the Legislative Assembly on behalf of Channel 8 at 10.00 a.m. on Thursday, 10 October 1991.".
The Serjeant-at-Arms informed the Assembly that Mr Bruyn was in attendance.
The Speaker directed the Serjeant-at-Arms to have Mr Bruyn attend at the Bar of the Assembly.
And Mr Bruyn being at the bar -
The Speaker said:
Mr Bruyn, the decision of the Assembly is that, as Acting General Manager, Channel 8, you should be
reprimanded and warned because Channel 8, in an item in the 6.30 p.m. News of 1 May 1991, published
matters contained in the unexpurgated version of the Mulholland Advice tabled on 30 April 1991 and because
that publication was contrary to an Order of the Assembly of 30 April 1991 and was thus a contempt of the Assembly.
Mr Bruyn, Channel 8 and its staff in acting contrary to a specific Order of the Assembly have committed a
contempt of Parliament and in this instance have also breached section14 of the Legislative Assembly (Powers and
Privileges) Act.
This is the second time in two years that Channel 8 and its staff have flagrantly disregarded Orders of the
Assembly.
I warn you that any similar action by Channel 8 and its staff in the future will be dealt with most severely.
The Assembly, and indeed the Speaker, have the undoubted power to exclude from the precincts one or all of
the representatives of an offending media organisation.
Page 205
The Legislative Assembly (Powers and Privileges) Act provides for penalties of $2,000.00 or imprisonment
for a term not exceeding six months for offences against that Act; and
Under the Parliamentary Privileges Act 1987 of the Commonwealth and section 4 of the Legislative Assembly
(Powers and Privileges) Act, for contempts of Parliament, the Assembly can impose penalties of:
. Imprisonment for a period not exceeding six months;
. In the case of a natural person a fine not exceeding $5,000.00; or
. In the case of a corporation a fine not exceeding $25,000.00.
Mr Bruyn, Channel 8 and its staff, and indeed all media organisations, must therefore take all due care not to
offend in the future.
Therefore Mr Bruyn, on behalf of the Assembly, I reprimand you, on behalf of Channel 8, for contempt of the
Legislative Assembly.
Mr Bruyn, you may now withdraw.
The Serjeant-at-Arms thereupon escorted Mr Bruyn from the Assembly.
4. PETITIONS:
Mr Bell presented a petition from 48 citizens of the Northern Territory objecting to proposed cuts in education funding.
Petition read.
Mr Ede presented a petition from 58 citizens of the Northern Territory objecting to proposed cuts in education funding.
5. NOTICE:
The following notice was given:
Mr Ede to move -
(1) That the following matter be referred to the Standing Orders Committee: the most appropriate procedure for
considering in detail the departmental estimates contained within the Appropriation Bill; and
(2) That the Committee report to the Assembly in time to effect any recommended changes before consideration of
the 1992-93 Budget.
6. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Minister for Conservation (Mr Reed) laid on the Table the following Paper -
. Letter, Hon M Reed, MLA, Minister for Conservation to Mr John Bailey, MLA, Member for Wanguri,
dated 22 April 1991.
Further questions were asked of Ministers.
Page 206
Papers tabled: The Chief Minister (Mr Perron) laid on the Table the following Papers -
. Legislative Assembly Briefing Note - Northern Territory Police, Fire and Emergency Services, Topic:
Paul Michael Kanaris, dated 1 October 1991;
. Memorandum, Acting Commissioner of Police to Chief Minister, dated 8 October 1991; and
. Briefing Note - Operation Stereo.
Further questions were asked of Ministers.
7. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until Tuesday 12 November 1991 at 10.00 a.m. or such other
time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
Question - put and passed.
8. MATTER OF PUBLIC IMPORTANCE - COSTS AND SAVINGS OF SCHOOL CLOSURES:
The Speaker informed the Assembly that the Member for Macdonnell (Mr Bell) had proposed that the following definite matter of public importance be submitted
to the Assembly for discussion this day:
"the Government's failure to account adequately for the costs and savings of the putative school closures."
And the proposed discussion having received the necessary support -
The Speaker called on Mr Bell to address the Assembly.
Discussion ensued.
Papers tabled: Mr Bell, by leave, laid on the Table the following Papers -
. Letter, Mr B. Ede, MLA, Leader of the Opposition to Hon Shane Stone, MLA, Minister for Education,
dated 20 September 1991.
. Letter, Hon S. Stone, MLA, Minister for Education to Mr Rod Hass, Chairman, Tiwi School Council,
dated 12 September 1991.
. Letter, Hon S. Stone, MLA, Minister for Education to Mr Rod Hass, Chairman, Tiwi School Council,
dated 25 September 1991.
. Letter, Hon S. Stone, MLA, Minister for Education to Dr David Mearns, Council Chairperson, Rapid Creek School,
dated 12 September 1991.
Discussion continued.
__________________
Suspension of sitting: The sitting was suspended between 11.55 a.m. and 2.00 p.m.
__________________
Discussion continued.
Discussion concluded.
Page 207
9. SUSPENSION OF STANDING ORDERS - MOTION NEGATIVED:
The Member for Wanguri (Mr Bailey) moved - That so much of Standing Orders be suspended as would prevent him from moving -
"That this Assembly, pursuant to its powers under section 15 of the Ombudsman (Northern Territory) Act, refers to the
Ombudsman the following matters for his investigation and report:
(1) The apparent failure of the Law Department to advise the Education Department of the findings of a Coronial
inquiry which made findings concerning BCF fire extinguishers;
(2) the apparent failure of the Education Department to act promptly to remove BCF fire extinguishers from
schools, following the tragic death of a Darwin High School student from BCF inhalation;
(3) the alleged harassment of a student at Darwin High School over her opposition to the continued presence
of BCF extinguishers at her school; and
(4) the apparent failure of the Conservation Commission of the Northern Territory to provide facilities for the
safe storage and destruction of BCF fire extinguishers.".
The Attorney-General (Mr Manzie) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon N.M. Dondas, in the Chair) -
AYES, 11 NOES, 8
Mr Dondas Mr Bailey
Mr Manzie Mr Cartwright
Mr McCarthy Mr Ede
Mr Ortmann Mrs Hickey
Mr Palmer Mr Lanhupuy
Mr Perron Mr Smith
Mr Poole Mr Stirling
Mr Reed Mr Tipiloura
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put and negatived.
10. STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL 1991(Serial 101):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to revise and amend the law of the Territory in certain respects.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Barkly (Mrs Hickey) debate was adjourned.
Page 208
11. COMMITTEE OF PRIVILEGES - AMENDMENT OF STANDING ORDER - MOTION AGREED TO:
The Attorney-General (Mr Manzie) moved - That Standing Order 18 be amended by adding at the end the following paragraph:
"(2) the Committee shall have power to send for persons, papers and records, to adjourn from place to place, to meet
and transact business in public or private session and to sit during any adjournment of the Assembly.".
Debate ensued.
Question - put and passed.
12. ECOLOGICALLY SUSTAINABLE DEVELOPMENT - STATEMENT NOTED:
The order of the day having been read for the resumption of the debate on the motion of the Chief Minister (Mr Perron) (3 October 1991) -
That the Assembly take note of the Statement -
Debate resumed.
Question - put and passed.
13. POLICE ADMINISTRATION AMENDMENT BILL 1991 (Serial 92):
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 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 Chief Minister (Mr Perron) the Bill was read a third time and passed to be a proposed law.
14. WORK HEALTH AMENDMENT BILL (No 2) 1991 (Serial 83):
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 resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
__________________
In the Committee
(Chairman - Mr Poole)
Clauses 1 to 3, by leave, taken together and agreed to.
Clause 4 read.
The Minister for Lands and Housing (Mr Ortmann) moved the following amendment -
Insert before paragraph (a) the following:
"(aa) by omitting the definition of 'independent contractor';".
Debate ensued.
Question - That the words proposed to be inserted, be inserted - put.
Page 209
The Committee divided (the Chairman, Mr Poole, in the Chair) -
AYES, 15 NOES, 8
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Smith
Mr McCarthy Mr Stirling
Mr Ortmann Mr Tipiloura
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from the proposed definition of "worker" in paragraph (b) all words after proposed paragraph (b) of that
definition and insert in their stead the following:
"but does not include a person -
(c) who is employed in the service of the Commonwealth;
(d) subject to subsection (2), who is a member of the immediate family of the employer;
(e) subject to subsection (3), who is a director (by whatever name called) of a body corporate;
(f) subject to subsections (7) and (8), who is employed in voluntary work and who receives in relation to that
work; if anything, nothing more than reasonable travelling, accommodation or other out-of-pocket expenses;
(g) who is a person, or a member of a class of persons prescribed for the purposes of this definition; and
(h) who is a person referred to in subsection (10);".
Clause 4, as amended, agreed to.
Clause 5 read.
The Member for Millner (Mr Smith) moved the following amendment -
Omit from proposed section 44A(2), "3 months"and insert in its stead "6 weeks".
Debate ensued.
Amendment negatived.
Page 210
Mr Smith moved the following further amendment
Add at the end of proposed section 44D the following:
"(c) where there has been an accident or dangerous occurrence at the workplace, or there is at the
workplace a risk of imminent and serious injury or harm to any person, at any time and without giving
notice to the employer.".
Debate ensued.
Amendment negatived.
Clause 5 agreed to.
Clauses 6 to 10, by leave, taken together and agreed to.
Clause 11 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Insert after "primary dwelling-house the words "or employment".
Clause 11, as amended, agreed to.
Clause 12 agreed to.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"12A. LUMP-SUM COMPENSATION IN RESPECT OF
DEATH "Section 62 of the Principal Act is amended by adding
at the end the following:
'(4) Except where the Court orders otherwise, an amount
payable under this section for the benefit of a dependant
who is a child of a worker shall be paid, where the child
has not attained the age of 18 years, to the Public Trustee
appointed under the Public Trustee Act who shall hold
the amount on trust for the benefit of that child until the
child attains the age of 18 years.'.".
Clauses 13 to 30, by leave, taken together and agreed to.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"30A. REPEAL
"Section 194 of the Principal Act is repealed.".
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
__________________
The Speaker (Mr Dondas) resumed the Chair; the Chairman (Mr Poole) reported that the Committee had considered the Bill and agreed to the Bill with amendments; and the report was adopted.
The Minister for Lands and Housing (Mr Ortmann) 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.
Page 211
15. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Minister for Transport and Works (Mr Finch) laid on the Table the following Papers -
. Report - 'Implications of Increasing Road Transport Charges for the Northern Territory' by Barry Burgan,
The Centre for South Australian Economic Studies, dated March 1991.
. Media Release - 'Strategy for Rural and Remote Heavy Vehicle Charging Announced' by Warren Snowdon MHR, dated 26 April 1991; and
. Media Release - 'Government Responds to Recommendations on Remote Transport' by Warren Snowdon MHR, dated 6 September 1991.
Debate continued.
Papers tabled: Mr Finch by leave, laid on the Table the following Papers which he was to have tabled during the Matter of Public Importance on Wednesday 9 October 1991 -
. Letter, Hon B. Coulter, Deputy Chief Minister to Mr E. Nakao, Minister for International Trade and Industry, dated 2 August 1991;
. Media Release, 'Three Major Rail Proposals' by Office of EPAC, dated 29 August 1991; and
. Report - 'Three Major Rail Proposals', papers presented to EPAC by Mr Alan Castleman, Hon Marshall Perron, MLA,
Dr D.G. Williams and Mr Roger Beale, dated August 1991.
Debate continued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
. Executive Intelligence Review - Volume 17, No 21 Supplement, dated 30 May 1990.
Debate continued.
Papers tabled: The Member for Victoria River (Mr Cartwright), by leave, laid on the Table the following Papers -
. Letter, Mr G. Cartwright, Member for Victoria River to Hon Max Ortmann, Minister for Lands and Housing, dated 24 July 1991;
. Letter, Hon M. Reed, Minister for Primary Industry and Fisheries to Mr Gary Cartwright, Member for Victoria River, dated 3 September 1991; and
. Newspaper Article, 'Concern about implications of DOA Pit closure', Katherine Times, dated 9 October 1991.
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Debate continued.
Question - put and passed.
The Assembly adjourned at 7.33 p.m. until Tuesday 12 November 1991 at 10.00 a.m. or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.
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PAPERS:
The following Papers were deemed to have been presented on Thursday 10 October 1991:
Annual Reports:
Department of Law, 1990-91
Industry and Employment Training Advisory Council, 1990-91
Juvenile Justice Board of Management, Northern Region, 1990-91
Juvenile Justice Board of Management, Southern Region, 1990-91
Office of Director of Public Prosecutions (First), year ended 30 June 1991
Treasurer's Annual Financial Statements, 1990-91.
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ATTENDANCE:
All Members attended the sitting.
H.G. SMITH
Clerk of the Legislative Assembly.
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Last updated: 04 Aug 2016