Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2000-10-11

First Assembly Eighth Session 10/10/2000 Parliamentary Record No. 25
__________________________________________________________________________________

Date : 11/10/2000
__________________________________________________________________________________

1. MEETING:
      The Assembly met at 10.00 h. The Speaker, the Honourable T. R. McCarthy, took the Chair.

2. PRAYERS.

3. FILMING IN CHAMBER:
      The Speaker advised Members that he had given permission for ABC Stateline to take file footage of Members during Question Time today, without sound.

4. QUESTIONS:
      10:03 Ms Martin to Mr Burke.
      10:09 Mr Hatton to Mr Reed.
      10:13 Ms Martin to Mr Reed.
      Paper tabled: The Leader of the Opposition (Ms Martin), by leave, laid on the Table the following Paper –
Extract of Treasurer’s Quarterly Financial Statement, schedule 17, pages 4 and 5 (Paper 2095).
      10:17 Mr Elferink to Mr Burke.
      10:24 Mr Henderson to Mr Burke and referred to Mr Dunham.
      Paper tabled: The Minister for Health, Family and Children’s Services (Mr Dunham) laid on the Table the following Paper –
Memorandum to all nursing staff re Best Practice Skills Employment Agency, 19 September 2000 (Paper 2096).

      10:35 Dr Lim to Mr Burke.
      10:39 Ms Martin to Mr Burke.
      10:43 Mr Mitchell to Mr Palmer.
      10:49 Mr Stirling to Mr Burke.
      10:51 Mr Balch to Mr Reed.
      Papers tabled: The Treasurer (Mr Reed) laid on the Table the following Paper –
Extract of Minutes of Proceedings 17 August 2000 – Financial Management Act, Transfers of excess allocations between Activities (Paper 2105).

      10:57 Ms Martin to Mr Burke.
      11:01 Mr Balch to Mr Manzie.

      The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.
5. DETERMINATIONS RELATING TO REMUNERATION, SALARY AND ALLOWANCES OF JUDGES AND MAGISTRATES - PAPERS TABLED – MOTION TO NOTE PAPERS:
      The Chief Minister (Mr Burke) laid on the Table the following Papers –
Amendment of Determination of Salary and Allowances Payable to the Chief Justice of the Supreme Court of Northern Territory, dated 3 May 2000 (Paper 2099);
Amendment of Determination of Salary and Allowances Payable to Judges (Other that the Chief Justice), Acting Judges or Additional Judges) of the Supreme Court of the Northern Territory, 3 May 2000 (Paper 2100);
Amendment of Determination of Salary and Allowances and Determination of Allowance Payable to the Chief Justice, dated 30 June 2000 (Paper 2101);
Amendment of Determination of Salary and Allowances and Determination of Allowance Payable to Judges (Other than the Chief Justice), Acting Judges or Additional Judges), dated 30 June 2000
(Paper 2102);
Determination of allowances and Benefits of Acting Judge, dated 27 July 2000 (Paper 2103); and
Amendment of Determination and Determination of Remuneration of Stipendiary Magistrates, dated 30 June 2000 (Paper 2104).

      Mr Burke made a statement relating thereto.
      Mr Burke moved – That the Assembly take note of the Papers.
      Ordered that Mr Burke have leave to continue his remarks at a later hour – Debate adjourned.
6. DARWIN HARBOUR AND ENVIRONS, PLANNING FOR THE FUTURE – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Minister for Lands, Planning and the Environment (Mr Baldwin) made a statement relating to the suburban expansion around Darwin Harbour and environs (Paper 2097).
      Paper tabled: Mr Baldwin laid on the Table the following Paper –
Darwin’s Future Growth Options, the Elizabeth River Area, Media Kit by the Northern Territory Government (Paper 2098).

      Mr Baldwin moved – That the Assembly take note of the Statement.
      Debate ensued.
      Suspension of sitting: The sitting was suspended between 12:08 h and 14:00 h.
      Debate resumed.
      Question – put and passed.
7. MATTER OF PRIVILEGE – KING ASH BAY FISHING CLUB, BORROLOOLA - re MR GRAEME DINGWELL – PROPOSED REFERENCE TO COMMITTEE OF PRIVILEGES – MOTION NEGATIVED:
      The Member for Barkly (Mrs Hickey), pursuant to notice, moved – That the following matter be referred to the Committee of Privileges -

      1. Whether the expulsion from membership of Mr Graeme Dingwell by the King Ash Bay Fishing Club, Borroloola was made as a result of his providing information to Mrs Maggie Hickey MLA in relation to matters raised in the Assembly by Mrs Hickey; and

      2. Whether a contempt was committed in respect of that matter. (Paper 2107)

      Debate ensued.
      Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Papers -
Letter, Mr N J Andrews to Mr Graeme Dingwell re King Ash Bay Fishing Club, dated 2 July 2000 (Paper 2108);
Letter, Mrs Hickey to Hon Tim Baldwin MLA re King Ash Bay Fishing Club, dated 16 August 2000 (Paper 2109); and
Letter, Hon Tim Baldwin to Mrs M Hickey re King Ash Bay Fishing Club, dated 19 September 2000 (Paper 2110).

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

      AYES, 7 NOES, 17

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

      Motion negatived accordingly.
8. GOOD GOVERNANCE – MOTION NEGATIVED:
      The Leader of the Opposition (Ms Martin), pursuant to notice, moved – That this Assembly -

      (a) note recent comments of the Auditor-General that Territorians are “missing out on a vigorous parliamentary democracy”;

      (b) condemn the CLP government for failing, in 26 years of government, to set in place the procedures that would protect Territorians’ democratic rights; and

      (c) act immediately to clean up government in the Territory by instituting a 10 point plan to -
          1. Introduce genuine freedom of information laws;
          2. Create a statutorily independent Ombudsman’s Office;
          3. Create a statutorily independent Electoral Commission;
          4. Properly empower and resource the Auditor-General to report on government spending and performance and introduce regular independent reporting on government performance including crime statistics and hospital waiting lists;
          5. Reform Members’ entitlements particularly in the areas of superannuation and travel;
          6. Introduce a ministerial code of conduct;
          7. Establish a genuine parliamentary committee system including Estimates Committees;
          8. Clean up the procurement process to ensure transparency and to prevent Members of parliament profiting from government contracts;
          9. Reform the operation of parliament including changes to the Standing Orders to -
Ensure the Speaker’s independence, and
Reform Question Time by limiting the time allowed for Ministers’ answers to questions;
          10. Introduce fixed 4 year parliamentary terms. (Paper 2111)

      Debate ensued.
      Question – put and negatived.
9. FUEL PRICING AND COSTS IN THE TERRITORY – MOTION NEGATIVED:
      The Leader of the Opposition (Ms Martin), pursuant to notice, moved –

      The Northern Territory parliament acknowledges that –

      (a) fuel prices in the Territory are the highest in the country, with a detrimental impact on the residents of the Northern Territory through direct and indirect effects on their cost of living;

      (b) the Prime Minister has failed to live up to his promise that fuel prices would not rise as a result of GST;

      (c) the Chief Minister urgently convene an inquiry into fuel prices to identify the key factors affecting the high price of fuel in the Territory, including the price at which fuel enters the Territory, wholesale and retail margins, taxes and excise, and industry structure with respect to competition and/or concentration of ownership at the wholesale, distribution and retail levels;

      (d) the scope of the fuel inquiry cover petrol, diesel and aviation fuels; and

      (e) the inquiry recommend any legislative changes that are appropriate arising from its investigations. (Paper 2112)

      Debate ensued.
      The Treasurer (Mr Reed) moved – That the question be now put.
      Question - That the question be now put - put.
      The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

      AYES, 17 NOES, 7

      Mr Adamson Mr Ah Kit
      Mr Balch Mr Henderson
      Mr Baldwin Mrs Hickey
      Mr Braham Ms Martin
      Mr Burke Mr Rioli
      Mr Carter Mr Stirling
      Mr Dunham Dr Toyne
      Mr Elferink
      Mr Hatton
      Dr Lim
      Mr Lugg
      Mr Manzie
      Mr Mills
      Mr Mitchell
      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 Speaker, Hon. T. R. McCarthy, in the Chair) -

      AYES, 7 NOES, 17

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

      Motion negatived accordingly.
10. MORPHINE SULPHATE PRESCRIPTION RATE IN THE TERRITORY – MOTION NEGATIVED:
      The Member for Wanguri (Mr Henderson), pursuant to notice, moved - That, -
        The Assembly:
        (a) condemn this Government’s inaction which lead to the NT having a prescription rate for morphine sulphate 14 times higher than the average of other Australian States at the beginning of 1999, and on latest available data still shows the NT at 7 times the national average prescription rates;

        (b) note that it was the Health Insurance Commission which demanded Government action to address this rate of abuse of the Pharmaceutical Benefits Scheme and that without HIC intervention those rates of prescribing would still exist;.

        (c) recognise that this level of morphine abuse in our community is contributing excessively to the incidence of drug crime in our community and that this Government has no specific strategies to target drug related criminal activity.

        (d) call for an immediate drugs summit comprising of Police, public health professionals and organisations and drug rehabilitation experts to develop a whole of government approach to reduce the level of intravenous drug use in the Territory to at least the national average, thereby protecting our youth from taking up this scourge and producing a safer community (Paper 2113).

        Debate ensued.
        The Minister for Health, Family and Community Services (Mr Dunham) moved – That, pursuant to Standing Order 256, the Member for Wanguri (Mr Henderson) Table documents quoted from during debate.
        Paper tabled: Mr Henderson thereupon laid on the Table the following Paper –
    Minutes of meeting, Tuesday 12 September 2000, Donna Kittel, Jesses Wish (Paper 2114).

        Debate continued.
        Question – put and negatived.
    11. FISHING ACCESS SUMMIT – MOTION, AS AMENDED, AGREED TO:
        The Member for Stuart (Dr Toyne), by leave, moved – That, -
        The Assembly, note the potential and actual constraints on fishing access to the Territory coastline which may arise from a combination of various acts and interpretation of the Aboriginal Land Rights Act of the Northern Territory and the Aboriginal Land Act and therefore support the following initiative:
            The immediate convening of a Fishing Access Summit, attended by the relevant Land Councils, Government, Opposition and peak fishing bodies to negotiate a mutually acceptable solution to guarantee access to waters in and around the coast line of the Territory (Paper 2115).

        Debate ensued.
        The Chief Minister (Mr Burke) moved – The following amendment to the motion moved by Dr Toyne –
        Omit all words after “That the Assembly” and insert in their stead:
        1. Express its concern at the escalating constraints placed on access to Territory fishing spots resulting from Aboriginal Land and Native Title claims.

        2. Acknowledge the pro-active policies of the CLP government which have secured to Territory fishing spots for present and future generations, including the whole of the southern bank of the tidal reaches of the Roper River, and the navigable reaches of the Hodgson, Towns, Limmen and Cox Rivers through the establishment of the world’s first “fishing“ national park, the proposed Limmen National Park.

        3. Acknowledges the CLP government’s recreational fishing policies which over the past decade, have resulted in whole river systems being dedicated to recreational fishing and reduction of commercial fishing effort in the barramundi fishery, notwithstanding strong and sustained opposition to these policies by the Labor Party.
        4. Acknowledges the CLP government’s program of providing vehicular access to fishing spots and the boat ramps policy that has resulted in the construction of boat ramps to waterways across the Top End.

        5. Notes the national recognition as a leader in recreational fishing policy the Territory has received through the implementation of these CLP government policies (Paper 2116).

        Mr Burke moved – That the question be now put.
        Question - That the question be now put - put.
        The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

        AYES, 17 NOES, 7

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

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

        AYES, 17 NOES, 7

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

        And so it was resolved in the affirmative.
        Motion, as amended, agreed to.
    12. RESPONSE TIMES TO WRITTEN QUESTIONS – MOTION NEGATIVED:
        The Member for Stuart (Dr Toyne), pursuant to notice, moved – That, -

        The following matter be referred to the Standing Orders Committee of the Assembly:
            In order to ensure that questions on notice are responded to by government ministers within a reasonable timeframe, Standing Order 118 be rewritten as follows:-

            118 REPLIES

            A reply to a written question on the question paper shall be given by delivering the same to the Clerk within 28 calendar days of receipt of the written question.A copy thereof shall be supplied to the Member who has asked the question and the question and reply shall be printed in the question paper.

        Debate ensued.
        Question - That the motion be agreed to - put.
        The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

        AYES, 7 NOES, 17

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

        Motion negatived accordingly.

    13. CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL 2000 (Serial 273):
        The Leader of the Opposition (Ms Martin), pursuant to notice, presented a Bill for an Act to amend the Consumer Affairs and Fair Trading Act.
        Bill read a first time.
        Ms Martin moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Member for Katherine (Mr Reed) debate was adjourned.

    14. CRIMES AT SEA BILL 2000 (Serial 267) and OFF-SHORE WATERS (APPLICATION OF TERRITORY LAWS) AMENDMENT BILL 2000 (Serial 268):
        Suspension of Standing Orders: The Chief Minister (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent Bills entitled, Crimes at Sea Bill 2000 (Serial 267) and Off-shore Waters (Application of Territory Laws) Amendment Bill 2000 (Serial 268) -

        (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.

        The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to give effect to a cooperative scheme for dealing with crimes at sea, to repeal the Criminal Law (Offences at Sea) Act and for related purposes; and a Bill for an Act to amend the Off-shore Waters (Application of Territory Laws) Act consequential on the passing of the Crimes at Sea Act 2000.
        Bills read a first time.
        Mr Burke moved – That the Bills be now read a second time.
        Debate ensued.
        On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

    15. FIREARMS AMENDMENT BILL (No. 2) 2000 (Serial 272):
        The Minister for Police, Fire and Emergency Services (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the Firearms Act.
        Bill read a first time.
        Debate ensued.
        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.

    16. POLICE ADMINISTRATION AMENDMENT BILL 2000 (Serial 271):
        Suspension of Standing Orders: The Minister for Police, Fire and Emergency Services (Mr Reed) moved – That so much of Standing Orders be suspended as would prevent the Police Administration Amendment Bill 2000 (Serial 271) passing through all stages at this sittings.
        Question put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
        Mr Reed, pursuant to notice, presented a Bill for an Act to amend the Police Administration Act.
        Bill read a first time.
        Mr Reed moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
    17. HOUSING AMENDMENT BILL 2000 (Serial 270):
        The Minister for Housing (Mrs Braham), pursuant to notice, presented a Bill for an Act to amend the Housing Act and to confirm rents payable for a dwelling or class of dwelling under that Act.
        Bill read a first time.
        Mrs Braham moved – That the Bill be now read a second time.
        Debate ensued.
        On the motion of the Member for Wanguri (Mr Henderson) debate was adjourned.
    18. AUGUST REPORT OF THE AUDITOR-GENERAL TO THE LEGISLATIVE ASSEMBLY – REPORT NOTED:
        The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
        Debate resumed.
        And the Assembly having continued to sit until 12 midnight.
        Debate continued.
        On the motion of the Leader of Government Business (Mr Palmer) debate was adjourned.

    19. 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 01:34 h 12 October 2000 until 10:00 h this day, 12 October 2000.
        The following Paper was deemed to have been presented on Wednesday 11 October 2000 –

        Annual Report:
        Trade Development Zone Authority, 1999/2000 (Paper 2106)
    ATTENDANCE:
    All Members attended the sitting.
    Last updated: 04 Aug 2016