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Minutes of Proceedings - 1998-08-20

Eighth Assembly First Session 18/08/1998 Parliamentary Record No. 9
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Date : 20/08/1998
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1. MEETING:
    The Assembly met at 10:02 h. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. CALL FOR NOMINATION PURSUANT TO SECTION 10(2) OF THE REFERENDUMS ACT 1998:
    The Speaker, pursuant to resolution of the Assembly dated 19 August 1998, called for Members to nominate whether they are in favour of or whether they are not in favour of the question for the purpose of authorising arguments for and against the question for distribution to electors.
    Madam Speaker advised Members that she had received a letter from the Deputy Leader of the Opposition (Mr Bailey), dated 20 August 1998, seeking to nominate that he was in favour of the question.

    The Speaker called for Members to nominate whether they are in favour of the question.

    The Speaker reported that the following Members had nominated that they were in favour of the question -

      Mr Adamson Mr Ah Kit
          Mr Balch Mr Baldwin
          Mr Burke Mr Coulter
          Mr Dunham Mr Elferink
          Mr Hatton Mrs Hickey
          Dr Lim Mr Lugg
          Mr Manzie Ms Martin
          Mr McCarthy Mr Mitchell
          Mr Palmer Mr Poole
          Mr Reed Mr Rioli
          Mr Stirling Mr Stone
          Mr Toyne
          (Paper 576)

    Leave denied: The Leader of the Opposition (Mrs Hickey) sought leave to request the name of the Deputy Leader of the Opposition (Mr Bailey) be recorded as having nominated that he was in favour of the question.
    Objection being raised - leave denied.
    Leave denied: The Leader of the Opposition (Mrs Hickey) sought leave to make a statement forthwith.
    Objection being raised - leave denied.

    The Speaker called for Members to nominate whether they are not in favour of the question.

    The Speaker reported that no Member had nominated that they are not in favour of the question. (Paper 577).

4. DISTINGUISHED VISITORS:
    The Speaker drew attention to the presence in the Speaker’s Gallery of the Honourable Paul Everingham, former Chief Minister and former Member for the Northern Territory, Provincial Parliamentarians from Nusa Tenggara Timu, accompanied by Mr Mike Gallagher, and Mrs Marj Pott, former Secretary to the Administrator and Assistant Clerk to Mr Deric Thompson, and Mr Pott.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

5. VISITORS:
    The Speaker drew attention to the presence in the gallery of English as a Second Language students for Darwin High School and their teacher Ms Anna Beyer.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

6. ANNOUNCEMENT:
    The Speaker advised members that the Chamber would be used for a conference on Friday 21 August and requested them to clear their desks on leaving the Chamber this day.

7. PETITIONS:
    The Member for Nightcliff (Mr Hatton) presented a petition from 1854 petitioners requesting that the content of any future constitution be decided by the people in a referendum and not the Parliament (Paper 578).
    Petition read.
    The Member for Nightcliff (Mr Hatton) presented a petition from 328 petitioners requesting that the content of any future constitution be decided by the people in a referendum and not the Parliament (Paper 579).
    Petition read.

8. QUESTIONS
    10:10 Mrs Hickey to Mr Stone.
    10:15 Mr Balch to Mr Stone.
    10:21 Mr Rioli to Mr Adamson.
    10:24 Mr Elferink to Mr Reed.
    10:30 Mr Toyne to Mr Reed.
    10:33 Mr Dunham to Mr Stone.
    10:38 Mr Ah Kit to Mr Palmer.
    10:42 Mr Lugg to Mr Reed.
    10:46 Mrs Hickey to Mr Stone.
    10:49 Mr Elferink to Mr Burke.
    10:53 Ms Martin to Mr Reed.
    10:57 Dr Lim to Mr Stone.
    11:02 Mr Stirling to Mr Reed.

9. AUDITOR-GENERAL FOR THE NORTHERN TERRITORY, AUGUST 1998 – SIX MONTHS ENDING 30 JUNE 1998 – PAPER TABLED – PAPER PRINTED – MOTION TO NOTE PAPER:
    The Speaker laid on the Table the Report of the Auditor-General to the Legislative Assembly for the six months ended 30 June 1998, dated August 1998 (Paper 580).
    The Chief Minister (Mr Stone) moved - That the Report be printed.
    Question – put and passed.
    Mr Stone moved - That the Assembly take note of the Report.
    Ordered – That the Chief Minister have leave to continue his remarks at a later hour.
    Debate adjourned.
10. CHILDREN AND FAMILIES - MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Minister for Health, Family and Children’s Services (Mr Burke) made a statement on children and families (Paper 581).
    Mr Bourke moved – That the Assembly take note of the Statement.
    Debate ensued.

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    Suspension of sittings: The Assembly was suspended between 12:01 h and 14:15 h.
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        Debate resumed.
        Question put and passed.
11. MINISTERIAL STATEMENT – TAX REFORM - STATEMENT NOTED:
    The Treasurer (Mr Reed) made a statement on tax reform (Paper 582).
    Mr Reed moved – That the Assembly take note of the Statement.
    Debate ensued.
    Leave denied: The Member for Wanguri (Mr Bailey) sought leave to continue his remarks at a later hour.
    Objection being raised – leave denied.

    Debate continued.
    Question put and passed.

12. MATTER OF PUBLIC IMPORTANCE – EDUCATION OUTCOMES:
    The Speaker advised that she had received a letter from The Member for Stuart (Mr Toyne) proposing as a definite Matter of Public Importance -
      “Further improvements to education program outcomes in the Territory which would be assisted by the consolidation of publicly accessible set of outcome measures, in line with interstate trends, Federal requirements and recommendations from the Territory Auditor-General”.
    The Speaker thereupon called on the Member for Stuart (Mr Toyne) to address the Assembly.
    Discussion ensued.
    Discussion concluded.

13. SPECIAL ADJOURNMENT:
    The Leader of Government Business (Mr Coulter) moved that the Assembly at its rising adjourn until Tuesday 6 October 1998 at 10:00 h or such other time and/or date as may be set by Madam Speaker, pursuant to Sessional Order.

14. KATHERINE AND DALY RIVER REGIONS FLOODS, REPORT, JANUARY 1998 – PAPER TABLED – PAPER NOTED:
    The Minister for Police, Fire and Emergency Services (Mr Reed) laid on the Table The Katherine and Daly River Regions Floods, Report on the Functions - Northern Territory Counter Disaster Council - January 1998 (Paper 603).
    Mr Reed made a statement relating thereto.
    Mr Reed moved – That the Assembly take note of the Report.
    Question – put and passed.
15. HOLMES JUNGLE NATURE PARK, PLAN OF MANAGEMENT – PAPER TABLED – PAPER NOTED:
    The Minister for Conservation (Mr Baldwin) laid on the Table a Plan of Management, Holmes Jungle Nature Park, December 1997. (Paper 604)
    Mr Baldwin made a statement relating thereto.
    Paper tabled: Mr Baldwin laid on the Table the following Paper -
Review of Public Submissions, Holmes Jungle Nature Park Plan of Management, September 1997
(Paper 605).
    Question – put and passed.

16. MINERAL ROYALTY AMENDMENT BILL 1998 (Serial 96):
    The Treasurer (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the Mineral Royalty Act.
    Bill read a first time.
    Mr Reed moved – That the Bill be now read a second time.
    On the motion of the Leader of the Opposition (Mrs Hickey) the debate was adjourned.

17. ENERGY RESOURCES CONSUMPTION LEVY (WAIVER OF LEVY) BILL 1998 (Serial 95):
    The Treasurer (Mr Reed), pursuant to notice, presented a Bill for an Act to waive the liability of certain consumers to pay a levy under the Energy Resources Consumption Levy Act.
    Bill read a first time.
    Mr Reed moved – That the Bill be now read a second time.
    On the motion of the Leader of the Opposition (Mrs Hickey) the debate was adjourned.

18. STAMP DUTY AMENDMENT BILL 1998 (Serial 92):
    The Treasurer (Mr Reed), pursuant to notice, presented a Bill for an Act to amend the Stamp Duty Act.
    Bill read a first time.
    Mr Reed moved – That the Bill be now read a second time.
    On the motion of the Leader of the Opposition (Mrs Hickey) the debate was adjourned.

19. SUMMARY OFFENCES AMENDMENT BILL 1998 (Serial 56):
    The Order of the Day having been read for resumption of debate on the question – That the Bill be now read a second time -
    Debate ensued.
    Question put and passed.
    Leave granted for a motion for the third reading of the Bill to be moved forthwith.
    On the motion of the Deputy Chief Minister (Mr Reed) the Bill was read a third time and passed to be a proposed law.

20. MENTAL HEALTH AND RELATED SERVICES BILL 1998 (Serial 80):
    Suspension of Standing Orders – pass Bill through all stages: The Minister for Health, Children’s and Family Services (Mr Burke) moved – That so much of Standing Orders be suspended as would prevent the Mental Health and Related Services Bill 1998 (Serial 80) passing through all stages at this sittings.
    Question put and passed.
    The Order of the Day having been read for the resumption of debate on the question – 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 Minister for Health, Family and Children’s Services (Mr Burke) the Bill was read a third time and passed to be a proposed law.
21. STANDING ORDERS COMMITTEE, SECOND REPORT OF THE EIGHTH ASSEMBLY, AUGUST 1998 – REPORT ADOPTED:
    The Order of the Day having been read for the resumption of the debate on the question – That the Assembly adopt the Report and recommended amendments to Standing Orders -
    Debate ensued.
    Question put and passed.
22. LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE – TERMS OF REFERENCE - APPOINTMENT OF MEMBERSHIP – MOTION AGREED TO:
    The Leader of Government Business (Mr Coulter), by leave, moved – That:

    (1) a committee to be known as the Committee on Legal and Constitutional Affairs shall be appointed at the commencement of each Assembly to inquire, report
    and make recommendations upon such constitutional and legal matters as may be referred to it by:
        (a) the Attorney-General; or

        (b) resolution of the Assembly.

    (2) unless otherwise ordered, the committee shall consist of Mr Hatton, Mr Elferink, Mr Lugg, Mrs Hickey and Ms Martin.

    (3) in the event of an equality of voting, the Chairman shall have a casting vote;

    (4) the committee have power to appoint subcommittees and to refer to any such subcommittee any matter which the committee is empowered to examine;

    (5) three members of the committee constitute a quorum of the committee and three members of a subcommittee constitute a quorum of the subcommittee;

    (6) the committee or any subcommittee 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;

    (7) the committee shall be empowered to print from day to day such papers and evidence as may be ordered by it and, unless otherwise ordered by the committee, a daily Hansard shall be published of such proceedings of the committee as take place in public;

    (8) the committee have leave to report from time to time and any member of the committee has power to add a protest or dissent to any report;

    (9) unless otherwise ordered by the committee, all documents received by the committee during its inquiry shall remain in the custody of the Assembly provided that, on the application of a department or person, any document, if not likely to be further required, may, in the Speaker’s discretion, be returned to the department or person from whom it was obtained;

    (10) members of the public and representatives of the news media may attend and report any public sessions of the committee, unless otherwise ordered by the committee;

    (11) the committee may authorise the televising of public hearings of the committee under such rules as the Speaker considers appropriate;

    (12) the committee shall be provided with all necessary staff, facilities and resources and shall be empowered, with the approval of the Speaker, to appoint persons with specialist knowledge for the purposes of the committee;

    (13) the committee be empowered to consider the minutes of proceedings, evidence taken and records of similar committees established in the previous Assembly; and

    (14) the foregoing provisions of this resolution, so far as they are inconsistent with standing orders, have effect notwithstanding anything contained in the Standing Orders. (Paper 607)

    Question – put and passed.
23. SUBORDINATE LEGISLATION AND PUBLICATIONS COMMITTEE – TERMS OF REFERENCE – APPOINTMENT OF MEMBERSHIP – MOTION AGREED:
    The Leader of Government Business (Mr Coulter), by leave, moved - That -

    (a) unless otherwise ordered Mr Balch, Mr Elferink, Mr Mitchell, Mrs Hickey and Ms Martin be appointed as members of the Subordinate Legislation and Publications Committee; and

    (b) the committee be empowered to consider, disclose and publish the minutes of proceedings, evidence taken and records of the Subordinate Legislation and Tabled Papers committees and Publications committees established in this Assembly and previous Assemblies. (Paper 606)

    Question – put and passed.
24. ADJOURNMENT:
    The Leader of Government Business (Mr Coulter) moved- That the Assembly do now adjourn.
    Debate ensued.
    Paper tabled: The Member for Arafura (Mr Rioli) by leave, laid on the Table the following Paper -
Youth Charter – Forum for the Future – National Youth Reconciliation Convention (Paper 608).
    Debate continued.
    Question –put and passed.
    And the Assembly adjourned at 20:48 h until 10:00 h on Tuesday 6 October 1998 or such other time and/or date as may be set by the Speaker pursuant to Sessional Order.
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    PAPERS:
    The following Papers were deemed to have been presented on 20 August 1998 -

    Annual Reports:
    Education Advisory Council 1997 (Paper 602)

    Coroners Act:
    Inquest into the death of Alvin Mark Schmidt, Case No. 9718562, (Paper 599)
    Inquest into the death of Klaus Weidt, Case No. 9622719 (Paper 600)
    Inquest into the death of Michael John Czaschka, Case No. 9704511 (Paper 601)

    Financial Management Act:
    Direction by Administrator – Transfer of Excess Allocations between Activities, Northern Territory Housing Commission: Lending, Department of Housing and Local Government to Northern Territory Housing Commission: Housing, pursuant to section 20 (1) (a), dated 26 June 1998 (Paper 583)
    Direction by Administrator – Transfer of Excess Allocations between Activities, Department of Education, pursuant to section 20 (1) (a), dated 26 June 1998 (Paper 584)

    Approval of Additional Allocation by Treasurer, Racing and Gaming Authority, pursuant to section 22 (1), dated 30 June 1998 (Paper 585)

    Determination by Treasurer, Various Government Departments, pursuant to section 22 (2), dated 30 June 1998 (Paper 586)

    Direction by Treasurer – Transfer of Excess Allocations between Activities, Territory Health Services, pursuant to section 20 (1) (b), dated 30 June 1998 (Paper 587)

    Direction by Treasurer - Transfer Excess Allocations, Batchelor College, pursuant to section 20 (1) (b), dated 24 June 1998 (Paper 588)

    Direction by Treasurer– Transfer of Excess Allocations between Activities, Northern Territory Attorney-Generals Department, pursuant to section 20 (1) (b), dated 30 June 1998 (Paper 589)

    Direction by Treasurer – Transfer of Excess Allocations between Activities, Ombudsman’s Office, pursuant to section 20 (1) (b), dated 30 June 1998 (Paper 590)

    Direction by Treasurer – Transfer of Excess Allocations between Activities, Department of Communications and Advanced Technology: Commercial Services, pursuant to section 20 (1) (b), dated 30 June 1998 (Paper 591)

    Direction by Treasurer – Transfer of Excess Allocations between Activities, Department of Education, pursuant to section 20 (1) (b), dated 30 June 1998 (Paper 592)

    Direction by Treasurer– Transfer of Excess Allocations between Activities, Parks and Wildlife Commission of the Northern Territory, pursuant to section 20 (1) (b), dated 30 June 1998 (Paper 593)

    Direction by Treasurer– Transfer of Excess Allocations, Department of Transport and Works, pursuant to section 20 (1) (b), dated 30 June 1998 (Paper 594)

    Variation of Allocation to Activity by Treasurer, Centralian College, pursuant to section 23 (1), dated 30 June 1998 (Paper 595)

    Variation of Allocation to Activity by Treasurer, Ombudsman’s Office, pursuant to section 23 (1), dated 25 June 1998 (Paper 596)

    Variation of Allocation to Activity by Treasurer, Racing and Gaming Authority, pursuant to section 23 (1), dated 24 June 1998 (Paper 597)

    Variation of Allocation to Activity by Treasurer, Department of Housing and Local Government, pursuant to section 23 (1) and (2), dated 19 June 1998 (Paper 598)
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    ATTENDANCE:
    All Members attended the sitting.
    Ian McNeill
    Clerk of the Legislative Assembly
Last updated: 04 Aug 2016
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