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Minutes of Proceedings - 1998-02-18

Eighth Assembly First Session 17/02/1998 Parliamentary Record No. 3
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Date : 18/02/1998
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1. MEETING:
    The Assembly met at 10:00 h. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
    The Speaker advised Honourable Members that she had received the following Message from His Honour the Administrator:

    Message No. 1

    I, NEIL RAYMOND CONN, the Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory to provide relief to reconstruct the Katherine and Douglas Daly regions affected by flooding.

    Dated 17 February 1998.


    (Sgd) NEIL CONN
    Administrator
    (Paper 237).
4. VISITORS:
    The Speaker (Mrs Braham) drew attention to the presence in the gallery of students from Year 5/6/7 from Humpty Doo Primary School and their teachers,
    Ms Chrissy O'Connor and Ms Barb Doukas.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

5. FILMING IN THE CHAMBER:
    The Speaker advised Honourable Members that permission had been granted to ABC Television to take file footage in the Chamber this day.
6. PETITION:
    The Member for Nhulunbuy (Mr Stirling) presented a petition from 338 petitioners praying that Maggie Travers, Community Librarian for the Joint Public and High School Library, the Nhulunbuy Community Library be re-instated immediately. (Paper 238)
    Petition read.

7. NOTICES:
    The following notices were given:
    Mr Stone: To present the Financial Institutions (NT) Amendment Bill 1998 (Serial 44).
    Mr Stone: To present the Building Societies Act Repeal Bill 1998 (Serial 45).
    Mr Stone: To present the Northern Territory Treasury Corporation Amendment Bill 1998 (Serial 46).
    Mr Palmer: To present the Waste Management and Pollution Control Bill 1998 (Serial 41).
    Mr Palmer: To present the Waste Management and Pollution Control (Consequential Amendments) Bill 1998 (Serial 43).
    Mr Baldwin: To present the Housing Amendment Bill 1998 (Serial 49).
8. QUESTIONS:
    10:06 Mrs Hickey to Mr Poole.
    10:11 Dr Lim to Mr Stone.
    10:19 Mr Rioli to Mr Poole.
    10:24 Mr Elferink to Mr Poole.
    10:30 Ms Martin to Mr Poole.
    10:39 Mr Balch to Mr Stone.
    10:44 Mr Bailey to Mr Poole; question redirected to Mr Coulter.
    10:47 Mr Mitchell to Mr Manzie.
    10:56 Mr Ah Kit to Mr Poole.
    10:58 Mr Dunham to Mr Stone.
9. EXPLANATION:
    The Minister for Health, Family and Children's Services (Mr Burke), by leave, made an explanation regarding comments made by the Leader of the Opposition (Mrs Hickey) during the Condolence Motion debate for the victims of the Katherine and surrounding district floods on Tuesday 17 February 1998.
10. FREEDOM OF INFORMATION BILL 1998 (Serial 14):
    The Leader of the Opposition (Mrs Hickey), pursuant to notice, presented a Bill for an Act to require information concerning documents held by government to be made available to members of the community, to enable members of the community to obtain access to documents held by government and to enable members of the community to ensure that documents held by the government concerning their personal affairs are accurate, complete, up-to-date and not misleading, and for related purposes.
    Bill read a first time.
    Mrs Hickey moved - That the Bill be now read a second time.
    On the motion of the Deputy Chief Minister (Mr Reed) debate was adjourned.
11. INDEPENDENT ELECTORAL COMMISSION BILL 1998 (Serial 12); and NORTHERN TERRITORY ELECTORAL AMENDMENT BILL 1998 (Serial 26):
    Suspension of Standing Orders - Take two Bills together: The Leader of the Opposition (Mrs Hickey) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Independent Electoral Commission Bill 1998 (Serial 12) and the Northern Territory Electoral Amendment Bill 1998 (Serial 26) -
      (a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the Committee's report stage,
      and the third readings of the Bills together; and

      (b) the consideration of the Bills separately in the Committee of the Whole.

    Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
    Mrs Hickey, pursuant to notice, presented a Bill for an Act to establish an independent electoral commission for the Northern Territory and for related purposes; and a Bill for an Act to amend the Northern Territory Electoral Act consequential on the passing of the Independent Electoral Commission Act.
    Bills read a first time.
    Mrs Hickey moved - That the Bills be now read a second time.
    On the motion of the Deputy Chief Minister (Mr Reed) debate was adjourned.

12. LEGAL PRACTITIONERS (QUEEN'S COUNSEL) AMENDMENT BILL 1998 (Serial 21):
    The Member for Nhulunbuy (Mr Stirling), pursuant to notice, presented a Bill for an Act to amend the Legal Practitioners Act.
    Bill read a first time.
    Mr Stirling moved - That the Bill be now read a second time.
    On the motion of the Leader of Government Business (Mr Coulter) debate was adjourned.

13. STOLEN GENERATION - MOTION, AS AMENDED, AGREED TO:
    The Leader of the Opposition (Mrs Hickey) moved - That this Assembly:
      (1) apologises to the Aboriginal and Torres Strait Islander people for the policies and practices under which children in the Northern Territory were forcibly separated from their families and expresses deep sorrow and regret at the hurt and distress that this has caused; and

      (2) recognises the critical importance to indigenous Australians and the wider community of a continuing reconciliation process, based on understanding of, and frank apologies for, what has gone wrong in the past - and a total commitment to equal respect in the future. (Paper 239)
    Debate ensued.
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    Alteration To Meeting Time Thursday 19 February 1998: The Speaker advised Honourable Members that, in accordance with usual practice, in order to allow Members to attend the ceremony commemorating the Bombing of Darwin tomorrow, the Assembly will meet at 11:00 h at the conclusion of the service which will be held in the Reception Hall.
____________________
    Suspension of sitting: The sitting was suspended between 12:00 h and 14:00 h.
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    Debate resumed.
    Papers tabled: The Chief Minister (Mr Stone) laid on the Table the following Papers -
NT Government Interim Submission to the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children
from their Families (Paper 240); and
Protocol - Access to Northern Territory Government Records by Aboriginal People Researching Their Families (Paper 241).
    The Chief Minister (Mr Stone) moved the following amendment -
    Omit all words after “That this Assembly” and insert -

        (1) endorses the actions of the CLP Government in supporting, and continuing to provide support to Aboriginal Territorians, particularly those who were adversely affected by the previous policies and practices of Commonwealth Governments under which mixed-race children were separated from their mothers and families;
        (2) notes that the CLP Government of the Northern Territory has led the way for all Australian Governments by contributing substantial funds to the ‘Coming Home’ conference in Darwin in September 1994, assisting the Stolen Generations Reference Group to make its submission to the Human Rights and Equal Opportunity Commission’s inquiry and establishing a protocol to access relevant records held by the Northern Territory Government to facilitate family unification;

        (3) recognises the valuable contribution made by the victims of this Commonwealth policy in later life to the social economic and political development of the Northern Territory; and

        (4) acknowledges the personal trauma which inevitably resulted from such a policy, but affirm that positive and material support for the victims and their families is more beneficial than the ‘empty apology’ option taken by a number of Parliaments in the Australian states.”. (Paper 242)

    Debate continued.
    The Member for Nhulunbuy (Mr Stirling) moved the following amendment to the amendment moved by Mr Stone:
        “Omit from paragraph 4 the words ‘but affirms that positive and material support for the victims and their families is more beneficial than the ‘empty apology’ option taken by a number of Parliaments in the Australian states’.”. (Paper 243

    Debate continued.
    The Chief Minister (Mr Stone) moved that the question be now put.
    Question - That the question be now put - put and passed.
    Question - That the amendment (Mr Stirling) to the amendment moved by Mr Stone be agreed to - put.
    The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

AYES, 7 NOES, 17

Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
    Amendment negatived accordingly.
    Question - That the amendment (moved by Mr Stone) be agreed to - put.
    The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

AYES, 17 NOES, 7

Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Stone
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Toyne
    And so it was resolved in the affirmative.
    Debate resumed.
    Question - That the motion as amended be agreed to - put.
    The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -

AYES, 16 NOES, 7

Mr Adamson Mr Ah Kit
Mr Baldwin Mr Bailey
Mr Burke Mrs Hickey
Mr Coulter Ms Martin
Mr Dunham Mr Rioli
Mr Elferink Mr Stirling
Mr Hatton Mr Toyne
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
    And so it was resolved in the affirmative.
    Motion, as amended, agreed to.
14. CRIMINAL CODE (EUTHANASIA) AMENDMENT BILL 1998 (Serial 11):
    The Member for Wanguri (Mr Bailey), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
    Bill read a first time.
    Mr Bailey moved - That the Bill be now read a second time.
    Papers tabled: The Member for Wanguri (Mr Bailey), by leave, tabled the following Papers -
Director of Public Prosecutions - Memorandum of Advice in the Matter of the Criminal Code (Euthanasia) Amendment Bill 1997 (Paper 244);
Solicitor-General for the Northern Territory - Opinion in the Matter of the Criminal Code (Euthanasia) Amendment Bill 1997 (Paper 245); and
David Bennett - Opinion re Criminal Code (Euthanasia) Amendment Bill 1997 (Paper 246).

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

15. DISCHARGE OF BILL:
    The Leader of Government Business (Mr Coulter), by leave, moved that Government Business, Order of the Day No 13, relating to the Juvenile Justice Amendment Bill 1997 (Serial 4), standing in the name of Mr Poole, be discharged from the Notice Paper.
    Question put and passed.

16. ORDER OF BUSINESS - ALTERATION:
    The Leader of Government Business (Mr Coulter), by leave, moved - That after consideration of Government Business, Orders of the Day Numbers 1 and 2, the Assembly proceed to consider Orders of the Day Numbers 6, 14, 15, 22 and 23.
    Question - put and passed.

17. APPROPRIATION (FLOOD RELIEF) BILL 1998 (Serial 50):
    The Treasurer (Mr Reed) presented a Bill for an Act to authorise the issue and expenditure of public moneys of the Territory to provide relief to and reconstruct Katherine and Douglas Daly regions affected by flooding, the subject of His Honour the Administrator’s Message No. 1.
    Bill read a first time.
    Mr Reed moved - That the Bill be now read a second time.
    On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

18. CRIMINAL RECORDS (SPENT CONVICTIONS) AMENDMENT BILL 1997 (Serial 6):
    The Order of the Day having been read for the resumption of the debate on the motion - 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 Stone) the Bill was read a third time and passed to be a proposed law.
19. JURIES AMENDMENT BILL (No 2) 1997 (Serial 8):
    The Order of the Day having been read for the resumption of the debate on the motion - That the Bill be now read a second time -
    Debate ensued.
    Question put and passed.
    Bill read a second time.
    The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In the Committee
(Deputy Chairman - Mr Elferink)

    Clauses 1 and 2, by leave, taken together and agreed to.
    Clause 3 read.
    On the motion of Mr Stone, the following amendments were agreed to -
    Add at the end of proposed section 49A(6) the following:

        "(e) by a legal practitioner for the purpose of giving advice in relation to a matter referred to in paragraph (a), (b), (c), or (d)."; and

    Add at the end of proposed section 49B(5) the following:

        "(f) to a legal practitioner for the purpose of obtaining advice in relation to a matter referred to in paragraph (a), (b), (c), (d) or (e).".

    Clause, as amended, agreed to.
    Title agreed to.
    Bill to be reported with amendments.
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    The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Mitchell) reported accordingly and the report was adopted.
    On the motion of the Chief Minister (Mr Stone) the Bill was read a third time and passed to be a proposed law.
20. INSTRUMENTS AMENDMENT BILL 1997 (Serial 2):
    The Order of the Day having been read for the resumption of the debate on the motion - 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 Stone) the Bill was read a third time and passed to be a proposed law.
21. BAIL AMENDMENT BILL 1997 (Serial 15) and JUSTICES AMENDMENT BILL 1997 (Serial 16):
    The Order of the Day having been read for the resumption of the debate on the motion - 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 Bills to be moved forthwith.
    On the motion of the Chief Minister (Mr Stone) the Bills were read a third time and passed to be proposed laws.
22. SEA-CARRIAGE DOCUMENTS BILL 1997 (Serial 9):
    The Order of the Day having been read for the resumption of the debate on the motion - 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 Stone) the Bill was read a third time and passed to be a proposed law.

23. STATUTE LAW REVISION BILL 1997 (Serial 27):
    The Order of the Day having been read for the resumption of the debate on the motion - 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 Stone) the Bill was read a third time and passed to be a proposed law.

24. MAGISTRATES AMENDMENT BILL 1997 (Serial 31):
    The Order of the Day having been read for the resumption of the debate on the motion - 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 Stone) the Bill was read a third time and passed to be a proposed law.

25. ADJOURNMENT:
    The Minister for Lands, Planning and Environment (Mr Palmer) moved - That the Assembly do now adjourn.
    Debate ensued.
    Papers tabled: The Member for Nelson (Mr Lugg), by leave, laid on the Table the following Papers -
Names of graduating students Taminmin High School 1997 (Paper 247); and
Junior Awards Taminmin High School 1997 (Paper 248).
    Debate continued.
    Papers tabled: The Chief Minister (Mr Stone) tabled the following Papers -
Names of members of Youth Round Table 1997 (Paper 250); and
Names of members of Youth Round Table 1998 (Paper 249).
    Debate continued.
    Question - put and passed.
    And the Assembly adjourned at 21:14 h until 11:00 h, Thursday 19 February 1998.
___________________________
    ATTENDANCE
    All Members attended the sitting.
Last updated: 04 Aug 2016
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