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Minutes of Proceedings - 1998-08-11

Eighth Assembly First Session 11/08/1998 Parliamentary Record No. 8
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Date : 11/08/1998
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1. MEETING:
      The Assembly met at 10:00 h, pursuant to resolution of the Assembly, dated Thursday 18 June 1998. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. FILMING IN THE CHAMBER:
      The Speaker advised Honourable Members that permission had been given to media representatives to photograph and record proceedings this morning for the purposes of sound and vision broadcast and rebroadcast.

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

      Message No. 8

      Assent to Proposed Laws

      I, NEIL RAYMOND CONN, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of my assent, pursuant to section 7 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, to the following proposed law:

      23 June 1998:

      Appropriation Act 1998-99, No. 48 of 1998

      Dated 5th day of August 1998.

      (Sgd) NEIL CONN
      Administrator

      (Paper 517).

5. DISTINGUISHED VISITORS:
      The Speaker drew attention to the presence in the Speaker’s Gallery of many distinguished guests and Territorians: Hon Kevin Lyons, former Speaker of the House of Assembly and former Deputy Premier of Tasmania; Mr Marshall Perron, former Chief Minister of the Northern Territory; Mr Sam Calder, former Member for the Northern Territory; Mr John Reeves, former Member of the Northern Territory and Mrs Reeves; Mrs Nancy Giese and Mr Harry Giese; Mr Max Ortman, former Member of the Legislative Assembly; Mr Joe Fisher, former Member of the Legislative Council; Hon Nick Dondas AM MP, Member for the Northern Territory; and Ms Trish Crossin, Senator for the Northern Territory.
      On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.

6. DISTINGUISHED VISITOR:
      The Speaker (Mrs Braham) drew attention to the presence in the Speaker’s Gallery of the Minister for Regional Development, Territories and Local Government in the Commonwealth Government, the Honourable Alex Somlyay, MP.
      On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

7. INVITATION TO ADDRESS THE ASSEMBLY – MOTION AGREED TO:
      The Acting Chief Minister (Mr Reed), by leave, moved – That the Honourable Alex Somlyay MP, Federal Minister for Regional Development, Territories and Local Government be invited to address the Assembly.
      The Acting Chief Minister (Mr Reed), by leave, made a statement relating to Statehood for the Northern Territory (Paper 491).
      Question – put and passed.

8. STATEHOOD FOR THE NORTHERN TERRITORY – STATEMENT – MOTION TO NOTE STATEMENT:
      The Federal Minister for Regional Development, Territories and Local Government, Hon Alex Somlyay MP, made a statement relating to the granting of Statehood to the Northern Territory (Paper 488).
      The Leader of the Opposition (Mrs Hickey), by leave, responded to the statement.
      The Leader of Government Business (Mr Coulter) moved – That the Assembly take note of the Statement.
      Ordered: That Mr Coulter have leave to continue his remarks at a later hour.
      Debate adjourned..

9. LINDA MARION BERLOWITZ – CONDOLENCE:
      The Speaker, with deep regret, advised Members of the death in July 1998 of Mrs Linda Marion Berlowitz, former Member for Fannie Bay in the Legislative Council from 11 January 1960 to 8 December 1962, and first female Member of the Northern Territory Parliament,.
      The Speaker advised that, on behalf of all Members, condolences had been extended to Mrs Berlowitz’ family.

10. VISITOR:
      The Speaker drew attention to the presence in the Public Gallery of Mr Vin Thomas, former State President of St Vincent de Paul and acknowledged the presence of other distinguished visitors. On behalf of Honourable Members, the Speaker extended a warm welcome to the visitor.


11. PETITIONS:
      The Member for Goyder (Mr McCarthy) presented a petition from 527 petitioners praying that direction be given to the relevant authorities to bring Fog Bay Road to an all weather standard to enable safe travelling conditions for residents and tourists (Paper 494).
      Petition read.
      The Member for Katherine (Mr Reed) presented a petition from 1062 petitioners requesting the Northern Territory Government to enforce the 2 km zone law which prohibits the consumption of alcohol within two kilometres of a licensed outlet and to employ police on foot patrols in Katherine to prevent anti-social behaviour (Paper 495).
      Petition read.

12. NOTICES:
      The following notices were given:
      Mr Coulter, for and on behalf of Mr Stone:
              To present the Local Court Amendment Bill 1998 (Serial 77).
      Mr Coulter, for and on behalf of Mr Stone:
              To present the Justices Amendment Bill 1998 (Serial 78).
      Ms Martin: To present the Residential Tenancies Bill 1998 (Serial 81).
      Ms Martin: To present the Landlord and Tenant (Rental Bonds) Bill 1998 (Serial 82).


      Mr Bailey: To move –

              That this Assembly, on behalf of all Territorians, commend –
                (1) those Territorians involved in the recent rescue of over 100 school children and others who were trapped on Uluru/Ayers Rock due to unexpected heavy rain; and

                (2) the bravery and effective action of the rescue teams involved.
        Mrs Hickey: To move –

                That this Assembly calls upon all political parties and candidates contesting the upcoming Federal election to:
                (1) expose and condemn the division and damage to the Territory and its people promoted by Pauline Hanson and the One Nation Party;
                (2) disavow the use of statements and political strategies which promote racial and cultural division; and

                (3) declare publicly whether they would belong to a Federal Government which is dependent on One Nation for its survival.
    13. OPPOSITION OFFICE HOLDERS – CHANGES:
        The Leader of the Opposition (Mrs Hickey), by leave, advised the Assembly of the following changes to Opposition Spokespersons, effective from today –
    The Member for Fannie Bay (Ms Martin) – Added responsibility of Opposition Whip;
    The Member for Nhulunbuy (Mr Stirling) – Spokesperson for Correctional Services; and
    The Leader of the Opposition (Mrs Hickey) – Added responsibilities of spokesperson for matters pertaining to – Attorney-General; Public Employment and Industrial Relations; Work Health; TIO; and Defence Support.
      14. QUESTIONS:
          10:29 Mrs Hickey to Mr Reed.
          Paper tabled: The Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Paper -
      Territory Day Territory Wide, N T News Supplement, dated 30 June 1998 (Paper 489).
          10:31 Mr Hatton to Mr Reed.
          10:37 Mr Bailey to Mr Coulter.
          10:44 Mr Lugg to Mr Reed.
          10:50 Mr Rioli to Mr Burke.
          Paper tabled: The Member for Arafura (Mr Rioli), by leave, laid on the Table the following Paper –
      Memorandum, Gillian Gorham, Clinical Nurse Consultant, Territory Health Services to Michael Martin, dated 13 February 1998 (Paper 490).
          10:54 Mr McCarthy to Mr Coulter.
          10:59 Mr Toyne to Mr Burke.
          11:03 Mr Dunham to Mr Baldwin.
          11:07 Mr Ah Kit to Mr Burke.
          11:11 Dr Lim to Mr Poole.
          11: 16 Mrs Hickey to Mr Reed.
          Paper tabled: The Acting Chief Minister (Mr Reed) laid on the Table the following Paper –
      Labor two won’t deny leader bid, article, N T News, dated 7 August 1998 (Paper 492).

          11:21 Mr Lugg to Mr Adamson.


      15. INHALANT SUBSTANCE ABUSE, (PETROL SNIFFING) – MINISTERIAL STATEMENT – STATEMENT NOTED:
          The Minister for Health, Family and Children's Services (Mr Burke) made a statement relating to inhalant substance abuse and petrol sniffing in the Northern Territory (Paper 493).
          Mr Burke moved – That the Assembly take note of the Statement.
          Debate ensued. ).
      ____________________
          Suspension of sitting: The sitting was suspended between 12:00 h and 14:00 h.
      ____________________
          Debate resumed.
          Paper tabled: The Minister for Aboriginal Development (Mr Baldwin), by leave, laid on the Table the following Paper -
      Ayeye, Vol 4, Issue #4, April 1998 (Paper 496).

          Debate continued.
          Paper tabled: The Minister for Education and Training (Mr Adamson) laid on the Table the following Paper -
      Booklet, The Sniffing Story – Health Education Curriculum Stages 4-7, NT Department of Education (Paper 497).
          Debate continued.
          Paper tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Paper -
      Brain Story Flip Chart, Flip charts and explanation of use from Website of the Indigenous Health Network on the Internet (Paper 518).
          Debate continued.
          Question put and passed.

      16. ONE NATION PARTY – MOTION, AS AMENDED, AGREED TO:
          The Leader of the Opposition (Mrs Hickey), by leave, moved the following motion:
          That this Assembly calls upon all political parties and candidates contesting the upcoming federal election to:

          (1) expose and condemn the division and damage to the Territory and its people promoted by Pauline Hanson and the One Nation Party;

          (2) disavow the use of statements and political strategies which promote racial and cultural division; and

          (3) declare publicly whether they would belong to a federal government which is dependent on One Nation for its survival. (Paper 519)

          Debate ensued.
          The Acting Chief Minister (Mr Reed) laid on the Table the following Paper –
      Newspaper advertisement - How to Vote Labor (1998 Queensland State Election) (Paper 520).

          Debate continued.
          Mr Reed moved the following amendment -

          Omit all words after ‘this Assembly’ and insert in their stead the following -

          (a) condemns the division and damage promoted by such political organisations as Pauline Hanson’s One Nation Party and the Australia First Party;

          (b) condemns the use of statements and political strategies by any organisation which promotes racial and cultural division;

          (c) urges political parties and candidates for the forthcoming federal election to declare their stand on these parties and organisations; and

          (d) commends the Country Liberal Party for its stance on preferences for One Nation and urges the Australian Labor Party to take a similar principled stand and not repeat or continue its support for Australia First. (Paper 521)

          Debate continued.
          Question - That the amendment 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 Balch Mr Bailey
          Mr Baldwin Mrs Hickey
          Mr Burke Ms Martin
          Mr Coulter Mr Rioli
          Mr Dunham Mr Stirling
          Mr Elferink Mr Toyne
          Mr Hatton
          Dr Lim
          Mr Lugg
          Mr McCarthy
          Mr Manzie
          Mr Mitchell
          Mr Palmer
          Mr Poole
          Mr Reed

          And so it was resolved in the affirmative.
          The Acting Chief Minister (Mr Reed) moved - That question - that the motion as amended, be put.
          Question put and passed.
          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 Balch Mr Bailey
          Mr Baldwin Mrs Hickey
          Mr Burke Ms Martin
          Mr Coulter Mr Rioli
          Mr Dunham Mr Stirling
          Mr Elferink Mr Toyne
          Mr Hatton
          Dr Lim
          Mr Lugg
          Mr McCarthy
          Mr Manzie
          Mr Mitchell
          Mr Palmer
          Mr Poole
          Mr Reed

          And so it was resolved in the affirmative.


      17. RESCUE AT ULURU/AYERS ROCK – MOTION, AS AMENDED, AGREED TO:
          The Deputy Leader of the Opposition (Mr Bailey), by leave, moved – That this Assembly, on behalf of all Territorians, commend –

          (1) those Territorians involved in the recent rescue of over 100 school children and others who were trapped on Uluru/Ayers Rock due to unexpected heavy rain; and

          (2) the bravery and effective action of the rescue teams involved. (Paper 522)

          Debate ensued.
          The Acting Chief Minister (Mr Reed) moved the following amendment –
          Add at the end of clause (2) the following words –
              whose continuing vigilance allows Uluru/Ayers Rock to be a safe and enduring icon for all Australian and overseas tourists to visit and climb. (Paper 523)
          Question – That the amendment be agreed to – put and passed.
          Debate ensued.
          Question – That the motion, as amended, be agreed to – put and passed.
        18. PRICING AND AVAILABILITY OF FUEL IN THE NORTHERN TERRITORY – MOTION NEGATIVED:
            The Leader of the Opposition (Mrs Hickey) moved – That this Assembly refer the following matter to the Public Accounts Committee for inquiry and report to Parliament within three months:
            The pricing and availability of fuel in the Northern Territory with particular reference to -
            (1) why retail outlets in Darwin are charging more than the indicative pump price set by the Australian Institute of Petroleum;

            (2) why some remote Territory communities are being charged as high as $1.30 per litre for unleaded petrol;

            (3) why reductions in the wholesale price of petrol are often not passed on to consumers as they are in other parts of Australia;

            (4) whether any measures can be taken to reduce the prices being paid for fuel by Territorians (including the impact such measures will have on the availability of fuel and quality of services to Territorians); and

            (5) the impact the moves of the current Federal government to deregulate the fuel industry will have on the price and availability of fuel in the Territory. (Paper 524)

            Debate ensued.
            Paper tabled: The Acting Chief Minister (Mr Reed) laid on the Table the following Paper –
        Media Release, Monitor Wholesale Petrol Prices, by the Minister for Asian Relations, Trade and Industry,
        dated 5 August 1998 (Paper 525).
            Debate continued.
            The Acting Chief Minister (Mr Reed) moved- That the question be now put.
            Question - That the question be now put - put.
            The Assembly divided (the Deputy Speaker, Mr P A Mitchell, in the Chair) -

            AYES, 15 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 Toyne
            Mr Hatton
            Dr Lim
            Mr Lugg
            Mr McCarthy
            Mr Manzie
            Mr Palmer
            Mr Poole
            Mr Reed

            And so it was resolved in the affirmative.
            Question - That the motion be agreed to - put.
            The Assembly divided (the Deputy Speaker, Mr P A Mitchell, in the Chair) -

            AYES, 7 NOES, 15

            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 Palmer
              Mr Poole
              Mr Reed

            And so it was resolve in the negative.
            Motion negatived accordingly.
        19. LEAVE DENIED:
            The Member for Fannie Bay (Ms Martin) sought leave to present two Bills of which notice was given earlier this day, namely the Landlord and Tenant (Residential Bonds) Bill 1998 (Serial 82) and the Residential Tenancies Bill 1998 (Serial 81).
            Objection being raised - leave denied.
        20. SUSPENSION OF STANDING ORDERS – PRESENT TWO BILLS - MOTION NEGATIVED:
            The Member for Fannie Bay (Ms Martin) moved- That so much of Standing Orders be suspended as would prevent her from presenting two Bills, of which notice was given earlier this day, namely the Landlord and Tenant (Residential Bonds) Bill 1998 (Serial 82) and the Residential Tenancies Bill 1998 (Serial 81).
            Question - put.
            The Assembly divided (the Deputy Speaker, Mr P A Mitchell, in the Chair) -

            AYES, 7 NOES, 14

            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 Palmer
            Mr Poole
            Mr Reed

            Motion negatived accordingly.

        21. FREEDOM OF INFORMATION BILL 1998 (Serial 14):
            The Order of the Day having been read for resumption of debate on the motion - That the Bill be now read a second time -
            Debate ensued.
            Paper tabled: The Minister for Health, Family and Children’s Services (Mr Burke) laid on the Table the following Paper -
        Letter, P J Keating MP, Prime Minister, to Miss Lois O’Donoghue, CBE, AM, Chairperson, Aboriginal and
        Torres Strait Islander Commission (undated) (Paper 526).
            Debate continued.
            Question put and passed.
            Bill read a second time.
            The Leader of the Opposition (Mrs Hickey),by leave, moved – That the Bill be now read a third time.
            Question - put.
            The Assembly divided (the Speaker, Hon. L.M. Braham, in the Chair) -

            AYES, 7 NOES, 15

            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
            Dr Lim
            Mr Lugg
            Mr McCarthy
            Mr Manzie
            Mr Mitchell
            Mr Palmer
            Mr Poole
            Mr Reed

            And so it was resolved in the negatived.
            Motion negatived accordingly.
        22. INDEPENDENT ELECTORAL COMMISSION BILL 1998 (Serial 12) and NORTHERN TERRITORY ELECTORAL AMENDMENT BILL 1998 (Serial 26):
            The Order of the Day having been read for resumption of debate on the motion - That the Bills be now read a second time –
            Debate ensued.
            Question – That the Bills be now read a second time – put.
            The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -
            AYES, 7 NOES, 15

        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
        Dr Lim
        Mr Lugg
        Mr McCarthy
        Mr Manzie
        Mr Mitchell
        Mr Palmer
        Mr Poole
        Mr Reed

            And so it was resolved in the negatived.
            Bills negatived accordingly.

        23. LEGAL PRACTITIONERS (QUEENS COUNSEL) AMENDMENT BILL 1998 (Serial 21):
            The Order of the Day having been read for resumption of debate on the motion – That the Bill be now read a second time –
            Debate ensued.
            Question - That the Bill be read a second time - put.
            The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -



        AYES, 7 NOES, 16

        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
            And so it was resolved in the negative.
            Bill negatived accordingly.

        24. CRIMINAL CODE (EUTHANASIA) AMENDMENT BILL 1998 (Serial 11):
            The Order of the Day having been read for resumption of debate on the motion that the Bill be now read a second time –
            Debate ensued
            Question – That the Bill be read a second time – put.
            The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -

            AYES, 6 NOES, 18

            Mr Bailey Mr Adamson
            Mr Coulter Mr Ah Kit
            Mrs Hickey Mr Balch
            Mr Lugg Mr Baldwin
            Ms Martin Mrs Braham
            Mr Manzie Mr Burke
            Mr Dunham
            Mr Elferink
            Mr Hatton
            Dr Lim
            Mr McCarthy
            Mr Mitchell
            Mr Palmer
            Mr Poole
            Mr Reed
            Mr Rioli
            Mr Stirling
            Mr Toyne

            And so it was resolved in the negative.
            Bill negatived accordingly.
        25. ADJOURNMENT:
            The Leader of Government Business (Mr Coulter) moved – That the Assembly do now adjourn.
            Debate ensued.
            Paper tabled: The Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Paper -
        Booklet, Children’s Support Services, The Sunshine Association NT Inc (Paper 528).

            Debate continued.
            Paper tabled: The Minister for Education and Training (Mr Adamson) laid on the Table the following Paper -
        Northern Territory Teachers Nominated for National Excellence in Teaching Awards in 1997, List (Paper 529).

            Debate continued.
            Question put and passed.
            And the Assembly adjourned at 23:17 h until 10:00 h on Wednesday 12 August 1998.
        _________________________
        _________________________
            PAPERS:
            The following Papers were deemed to have been presented on Tuesday 11 August 1998:

            Regulations 1998:
            No. 14, Amendments of Motor Accidents (Compensation) Appeal Tribunal Rules (Paper 498)
            No. 15, Amendments of Fisheries Regulations (Paper 499)
            No. 16, Court Security Regulations (Paper 500)
            No. 17, Amendment of Business Names Regulations (Paper 501)
            No. 18, Health and Community Services Complaints Regulations (Paper 502)
            No. 19, Amendments of Traffic Regulations (Paper 503)
            No. 20, Consumer Affairs and Fair Trading (Pawnbrokers and Second Hand-Dealers) Regulations (Paper 504)
            No. 21, Amendment of Housing Regulations (Paper 505)
            No. 22, Amendment of Home Purchase Assistance Scheme Regulations (Paper 506)
            No. 23, Amendment of Housing Assistance Schemes Regulations (Paper 507)
            No. 24, Amendments of Housing (Government Employees) Sales Scheme Regulations (Paper 508)
            No. 25, Amendment of Northern Territory Interest Subsidy Scheme Regulations (Paper 509)
            No. 26, Amendment of Superannuation Regulations (Paper 510)
            No. 27, Pearl Oyster Culture Industry Management Plan (Paper 511)
            No. 28, Amendments of Building Regulations (Paper 512)
            No. 29, Private Security (Security Firms) Regulations (Paper 513)
            No. 30, Private Security (Security Officers) Regulations (Paper 514)
            No. 31, Amendment of Private Security (Crowd Controllers) Regulations (Paper 515)
            No. 32, Amendment of Heritage Conservation Regulations (Paper 516)
        _________________________
        _________________________
            ATTENDANCE:
            All members attended the sitting, except the Chief Minister (Mr Stone).
        Last updated: 04 Aug 2016
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