Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1997-11-26

Eighth Assembly First Session 25/11/1997 Parliamentary Record No. 1
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Date : 26/11/1997
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1. MEETING:
The Assembly met at 10:00 h, pursuant to adjournment. The Speaker, the Honourable L M Braham, took the Chair.

2. PRAYERS.

3. VISITORS:
The Speaker (Mrs Braham) drew theattention of Honourable Members to the presence in the gallery of students from the Faculty of Foundation Studies at the Northern Territory University and their lecturer, Mrs Shirlie Richardson.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.

4. FILMING IN THE CHAMBER:
The Speaker (Mrs Braham) advised that permission had been given for the ABC, Channel 8 and Imparja to take file footage during Question Time this day.

5. PETITIONS:
The Member for Stuart (Mr Toyne) presented a petition from 2292 petitioners requesting that the Assembly halt immediately the decision to bulldoze the old Alice Springs Prison, and the Heritage Listing of the old Alice Springs Prison be respected and any development of this area be a matter of open public process (Paper 15).
Petition read.
The Member for Brennan (Mr Burke) presented a petition from 3467 petitioners requesting the Assembly to immediately establish accident and emergency facilities to improve access to general medical services on a 24 hour basis in the Palmerston and rural area (Paper 16).
Petition read.
The Member for Macdonnell (Mr Elferink) presented a petition from 505 petitioners requesting that the public be consulted over proposals for the draining of Redbank Gorge (Paper 17).
Petition read.

6. NOTICES:
The following notices were given:
Mr Stone: To present the Criminal Records (Spent Convictions) Amendment Bill 1997 (Serial 6).
Mr Stone: To present the Juries Amendment Bill (No. 2) 1997 (Serial 8).
Mrs Hickey: To present the Freedom of Information Bill 1997 (Serial 14).
Mrs Hickey: To present the Independent Electoral Commission Bill 1997 (Serial 12).
Mrs Hickey: To present the Northern Territory Electoral Amendment Bill 1997 (Serial 26).
Mr Reed: To present the Police Administration Amendment Bill 1997 (Serial 20).
Mr Stirling: To present the Legal Practitioners (Queens Counsel) Amendment Bill 1997 (Serial 21).
Mr Coulter: To present the AustralAsia Railway Corporation Amendment Bill 1997 (Serial 5).
Mr Coulter: To present the Juvenile Justice Amendment Bill 1997 (Serial 4).
Mr Coulter: To present the Unit Titles Amendment Bill 1997 (Serial 3).
Mr Coulter: To present the Instruments Amendment Bill 1997 (Serial 2).
Mr Burke: To present the Dangerous Goods Bill 1997 (Serial 28).
Mr Burke: To present the Work Health Amendment Bill 1997 (Serial 7).

7. QUESTIONS:
10:12 Mrs Hickey to Mr Stone.
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Distinguished visitor: The Speaker (Mrs Braham) drew the attention of Honourable Members to the presence in the gallery of the Hon Paul Everingham, AO, former Federal Member for the House of Representatives for the Northern Territory and former Chief Minister of the Northern Territory.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.
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10:17 Dr Lim to Mr Stone.
10:24 Mr Stirling to Mr Stone.
10:26 Mr Lugg to Mr Palmer.
10:31 Mr Rioli to Mr Burke.
10:33 Mr Mitchell to Mr Stone.
10:35 Mr Bailey to Mr Stone.
10:37 Mr Dunham to Mr Baldwin.

Papers tabled: The Minister for Aboriginal Development (Mr Palmer) laid on the Table the following Papers -

Briefing Paper on Community Living Area Grants (Paper 18); and
Letter, Mick Palmer, Minister for Lands, Planning and Environment to Mr G Yunupingu, AM, Northern Land Council,
dated 10 November 1997 (Paper 19).

10:46 Mr Toyne to the Minister for Lands, Planning and Environment.
10:49 Mr Hatton to Minister for Essential Services.
10:54 Mr Ah Kit to Minister for Local Government.
10:57 Mr Elferink to the Minister for Police, Fire and Emergency Services.

8. CHAIRMAN OF COMMITTEES - APPOINTMENT:
The Speaker reminded Members that it was now necessary for the Assembly to appoint a Member to be its Chairman of Committees -

Whereupon the Chief Minister (Mr Stone) proposed to the Assembly for its Chairman of Committees the Member for Millner, Mr Mitchell, and moved - That the Member for Millner be appointed Chairman of Committees.

Which motion was seconded by the Leader of Government Business (Mr Coulter) and Mr Mitchell accepted the nomination.

The Leader of the Opposition (Mrs Hickey) proposed to the Assembly for its Chairman of Committees the Member for Stuart, Mr Toyne, and moved - That the Member for Stuart be appointed Chairman of Committees.

Which motion was seconded by the Deputy Leader of the Opposition (Mr Bailey) and Mr Toyne accepted the nomination.

Debate ensued.

The time for motions having expired the Assembly proceeded to ballot.

Ballot conducted - scrutineers Mr Balch and Mr Stirling.

The Speaker announced the result of the ballot as follows:
Mr Mitchell (Millner) 18 votes
Mr Toyne (Stuart) 7 votes

and declared Mr Mitchell appointed as Chairman of Committees.

9. STANDING ORDERS COMMITTEE - APPOINTMENT:
The Leader of Government Business (Mr Coulter), by leave, moved - That, unless otherwise ordered and pursuant to Standing Order 17, Madam Speaker, Mr Coulter,
Mr Bailey, Mr Balch and Mr Stirling be appointed as Members of the Standing Orders Committee.

The Deputy Leader of the Opposition (Mr Bailey) moved the following amendment -
Add at the end of the motion:

“That this Assembly refers the following matters to the Standing Orders Committee -

(i) the need for time limits to be placed on answers to questions without notice;
(ii) the ability of the Standing and Sessional Committees to pursue matters of interest to Committees at their own discretion; and
(iii) Committee notes to be provided with legislation on presentation before Parliament.”.
(Paper 20)

Debate ensued.
Mr Coulter moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - put and passed.

10. COMMITTEE OF PRIVILEGES - APPOINTMENT:
The Leader of Government Business (Mr Coulter), by leave, moved - That, unless otherwise ordered and pursuant to Standing Order 18, Mr Stone,
Mr Lugg, Mr McCarthy, Mrs Hickey and Mr Stirling be appointed as Members of the Committee of Privileges.

The Leader of the Opposition (Mrs Hickey) moved -That all words after “That” be omitted and insert the following:

‘Standing Orders 18, 19 and 20 be rescinded and insert the following in their stead:

“18. Ethics, Parliamentary Privileges and Processes Committee

(1) An Ethics, Parliamentary Privileges and Processes Committee to consist of six Members equally appointed from Government and Opposition Members be appointed at the commencement of each Assembly or at such other time as the Assembly may decide, to
inquire into and report upon:

(a) issues regarding the ethical conduct of Members of the Legislative Assembly referred to it by the Speaker or the Assembly;

(b) complaints of breach of privilege referred to it by the Speaker or the Assembly;

(c) advise the Speaker on matters relating to the precinct, buildings, furnishings, gardens and library; and

(d) all petitions and papers presented to the Assembly which have not been ordered to be printed shall stand referred to the Committee, which shall report from time to time as to what petitions and papers ought to be printed and whether wholly or in part.

(2) The Committee shall have power to inquire into and report on the printing, publication and distribution of publications or such matters as
are referred to it by the Speaker.

(3) The Committee shall have the 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.

“And further that Mr Stone, Mr Elferink, Mr McCarthy, Mrs Hickey, Mr Stirling and Ms Martin be appointed as Members of the Ethics, Parliamentary Privileges and Processes Committee.”.’. (Paper 21)

Mr Coulter moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendment 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 motion be agreed to - put and passed.

11. HOUSE COMMITTEE - APPOINTMENT:
The Leader of Government Business (Mr Coulter), by leave, moved - That, unless otherwise ordered and pursuant to Standing Order 19,
Madam Speaker, Mr Dunham, Mr McCarthy, Ms Martin and Mr Stirling be appointed as Members of the House Committee.
Question - put and passed.

12. PUBLICATIONS COMMITTEE - APPOINTMENT:
The Leader of Government Business (Mr Coulter), by leave, moved - That, unless otherwise ordered and pursuant to Standing Order 20,
Mr Mitchell, Mr Elferink, Mr Lugg, Ms Martin and Mr Toyne be appointed as Members of the Publications Committee.
Question - put and passed.

13. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE - APPOINTMENT:
The Leader of Government Business (Mr Coulter), by leave, moved - That, unless otherwise ordered and pursuant to Standing Order 21,
Mr Mitchell, Mr Elferink, Mr Balch, Mrs Hickey and Mr Stirling be appointed as Members of the Subordinate Legislation and Tabled Papers Committee.

The Deputy Leader of the Opposition (Mr Bailey) moved the following amendment - That all words after “That” be omitted and insert in their stead:

‘Standing Order 21 be rescinded and replaced with:

“21. Constitutional, Legal and Administrative Review Committee.

A Constitutional, Legal and Administrative Review Committee to consist of six members shall be appointed to examine, inquire into, report and make recommendations
to this Assembly on:

(1) The establishment of a Committee, to be known as the Standing Committee on Constitutional Development and Legal Affairs, to examine,
inquire into, report and make recommendations to this Assembly on:

(a) the constitution-making processes in the Northern Territory, including the progress being made in the finalisation of the terms of the
proposed new constitution for the Northern Territory and on its adoption;

(b) the methods of promoting awareness of constitutional issues to the Northern Territory and Australian populations and the merits or
otherwise of those methods;

(c) the issues, conditions and procedures pertinent to the entry of the Northern Territory into the federation as a new State;

(d) such other constitutional and legal matters as may be referred to it by:

(i) relevant ministers; or

(ii) resolution of this Assembly; or

(iii) by the Committee on its own resolution.

(2) The Committee undertake a role in promoting an awareness of constitutional issues to the Northern Territory and Australian populations.

(3) The Committee undertake a support role to any new Northern Territory institutions established by this Assembly or by or under a law
enacted by this Assembly to further Northern Territory constitutional development.

(4) The Committee shall, with respect to any instrument of a legislative or administrative character which the Legislative Assembly may
disallow or disapprove, consider -

(a) whether the instrument is in accordance with the general objects of the law pursuant to which it is made;

(b) whether the instrument trespasses unduly on personal rights or liberties;

(c) whether the instrument unduly makes rights and liberties of citizens dependent upon administrative and not upon judicial decisions;

(d) whether the instrument contains matter which in the opinion of the Committee should property be dealt with in an Act;

(e) whether the instrument appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;

(f) whether there appears to have been unjustifiable delay in the publication or laying of the instrument before the Assembly; and

(g) whether for any special reason the form or purport of the instrument calls for elucidation.

(5) The Committee, if it is of the opinion that an instrument ought to be disallowed or disapproved -

(a) shall report that opinion and the ground thereof to the Assembly before the end of the period during which any notice of the motion for disallowance of that instrument may be given to the Assembly; and

(b) if the Assembly is not sitting, may refer its opinion and the grounds thereof to the authority by which the instrument was made - for the purposes of these Standing Orders, “instrument of a legislative or administrative character” has the same meaning as that defined in the
Interpretation Act.

(6) unless otherwise ordered the Committee shall consist of equal numbers of Members of the governing party and Members of the Opposition.”.’. (Paper 22)

Debate ensued.
The Leader of Government Business (Mr Coulter) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - put and passed.

14. PUBLIC ACCOUNTS COMMITTEE - APPOINTMENT:
The Leader of Government Business (Mr Coulter) moved - That, unless otherwise ordered and pursuant to Standing Order 21A, Mr Dunham,
Mr Hatton, Mr Lugg, Mr Bailey and Mr Toyne be appointed as Members of the Public Accounts Committee.

The Deputy Leader of the Opposition (Mr Bailey) moved the following amendment - That all words after “That” be omitted and insert in their stead:

“21A PUBLIC ACCOUNTS COMMITTEE

(1) A Standing Committee of Public Accounts to consist of six members shall be appointed at the commencement each Assembly.

(2) The duties of the Committee shall be:

(a) to examine the accounts of the receipts and expenditure of the Northern Territory and each statement and report transmitted to the Legislative Assembly by the Auditor-General, pursuant to the Financial Management Act and the Audit Act;

(b) to report to the Legislative Assembly with such comments as it thinks fit, any items or matters in or arising in connection with those accounts, statements or reports, or in connection with the receipt or disbursement of the moneys to which they relate, to which
the Committee is of the opinion that the attention of Parliament should be drawn;

(c) to report to the Legislative Assembly any alteration which the Committee thinks desirable in the form of the public accounts or in the method of keeping them or in the method of receipt, control, issue or payment of public moneys;

(d) to inquire into and report to the Legislative Assembly on any question in connection with the public accounts of the Northern Territory -

(i) which is referred to it by a resolution of the Assembly; or

(ii) which is referred to it by the Administrator or a Minister; or

(iii) any matter the Committee determines should be investigated; and

(e) to examine the reports of the Auditor-General laid before the Legislative Assembly with the accounts of a Public Authority (of the Northern Territory) (including any documents annexed or appended to those reports).

(3) The Committee shall examine only those accounts of receipts and expenditure of the Northern Territory and reports of the Auditor-General
for financial years commencing after 30 June 1986 provided that this shall not prevent the consideration by the Committee of matters included
in reports of the Auditor-General for the year ending 30 June 1986 which have or may have a continuing effect on the form of the public accounts,
the method of receipt, control, issue or payment of public moneys.

(4) Prior to determining whether to undertake an inquiry into any matter which may have arisen in connection with the public accounts of the Northern
Territory, pursuant to paragraphs (2)(a) and (e), with the concurrence of the Committee, the Chairman is empowered to write to the Chief Executive
Officer of the relevant agency for a report on the matter.

(5) The Committee shall take care not to inquire into any matters which are being examined by a Select Committee of the Assembly especially
appointed to inquire into such matters and any question arising in connection therewith may be referred to the Assembly for determination.

(6) The Committee shall elect its own Chairman.

(7) The Chairman of the Committee may, from time to time, appoint a member of the Committee to be the Deputy Chairman of the Committee and the
Member so appointed shall act as Chairman of the Committee at any time when there is no Chairman or when the Chairman is not present at a
meeting of the Committee.

(8) In the event of an equality of voting, the Chairman, or the Deputy Chairman when acting as Chairman, shall have a casting vote.

(9) The Committee shall have power to appoint sub-committees and to refer to any such sub-committee any matter which the Committee is empowered to examine.

(10) Three Members of the Committee shall constitute a quorum of the Committee and two Members of a sub-committee shall constitute a quorum
of the sub-committee.

(11) The Committee or any sub-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.

(12) 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.

(13) The Committee may proceed to the dispatch of business notwithstanding that all Members have not been appointed and notwithstanding any vacancy.

(14) The Committee shall report annually and shall have leave to report from time to time and to report its proceedings and evidence taken; and any
Member of the Committee shall have power to add a protest or dissent to any report.

(15) 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.

(16) 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.

(17) Meetings of the Committee shall be public unless otherwise deemed.

(18) 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.

(19) The Committee may authorise the televising of public hearings of the Committee under such rules as the Speaker considers appropriate.

“And further: This Committee shall consist of Mr Dunham, Mr Hatton, Mr Lugg, Mr Bailey, Mr Toyne and Mrs Hickey.”. (Paper 23)

Debate ensued.
The Leader of Government Business (Mr Coulter) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendment 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 motion be agreed to - put and passed.
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Suspension of sitting: The sitting was suspended between 12:02 h and 13:59 h.
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15. APPOINTMENT OF THE TIME OF HOLDING A SITTING OF THE ASSEMBLY - SESSIONAL ORDER:
The Leader of Government Business (Mr Coulter), by leave, moved - That, during the present session of the Assembly, Madam Speaker may, at her discretion and notwithstanding any previous resolution of the Assembly, appoint a day and/or time for the holding of a sitting of the Assembly, which day and/or time shall be notified to each Member in writing.
Question - put and passed.

16. DIVISION BELLS - SESSIONAL ORDER:
The Leader of Government Business (Mr Coulter), by leave, moved - That the following amendment to Standing Order 161 be adopted as a Sessional Order and, unless otherwise ordered, shall come into effect on the first sitting day of 1999 as an amendment to Standing Orders of the Assembly:

Add at the end the following:

“(2) When successive divisions are taken and there is no intervening debate after the first division, the bells for the ensuing division shall be rung
for one minute only.”.

Debate ensued.
Question - put and passed.

17. ANSWERS TO QUESTIONS ASKED ON PREVIOUS DAYS - SESSIONAL ORDER:
The Leader of Government Business (Mr Coulter), by leave, moved - That the following amendment to Standing Order 119A be adopted as a Sessional Order and, unless otherwise ordered, shall come into effect on the first sitting day of 1999 as an amendment to Standing Orders of the Assembly.

“119A. Answers to Questions asked on Previous Days.

When Question Time has concluded, following the request of a Minister ‘That all further questions be placed on the Question Paper’, Ministers may answer or give supplementary answers to questions asked on previous days at Question Time or during the debate on the motion for the Adjournment of the Assembly but the total time taken for the giving of such answers shall not exceed 10 minutes.”.

Question - put and passed.

18. BROADCASTING OF ADDITIONAL ANSWERS AT QUESTION TIME - SESSIONAL ORDER:
The Leader of Government Business (Mr Coulter), by leave, moved - That radio stations 8-TOP FM and 8-CCC be authorised to broadcast direct such answers in accordance with the terms and conditions of the Resolution of the Legislative Assembly of 11 October 1983 as varied by the Resolution of 12 November 1985.”.

The Leader of the Opposition (Mrs Hickey) moved the following amendment - That all words after “That” be omitted and insert in their stead:

“This Assembly rescinds the resolutions of 11 October 1983 and 12 November 1985 and from the first sitting day of 1998 authorises live broadcast and rebroadcast of the proceedings and excerpts of proceedings of the Legislative Assembly, including the adjournment debate, in accordance with the practice adopted by the House of Representatives.”.(Paper 24)

The Leader of Government Business (Mr Coulter) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - put and passed.

19. SESSIONAL COMMITTEE ON THE ENVIRONMENT - APPOINTMENT:
The Leader of Government Business (Mr Coulter), by leave, moved - That, during the present Session of the Assembly -

(1) a committee to be known as the Sessional Committee on the Environment be appointed comprising, unless otherwise ordered,
Mr Dunham, Mr Mitchell, Dr Lim, Mr Rioli and Mr Ah Kit;

(2) the Committee be empowered, unless otherwise ordered, to inquire into and from time to time report upon and make recommendations on:

(a) all matters relating to uranium mining and processing activities and their effects on the environment within the Alligator Rivers Region; and

(b) any matter relating to mining and/or the environment within the Northern Territory which is referred to it by -

(i) the relevant Minister; or

(ii) resolution of the Legislative Assembly;

(3) the Committee be empowered to send for persons, papers and records, to sit in public or in private session notwithstanding any adjournment of the Assembly, to adjourn from place to place and have leave to report from time to time its proceedings and the evidence
taken and make such interim recommendations as it may deem fit, and to publish information pertaining to its activities from time to time;

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

(5) the Committee be empowered to consider, disclose and publish the Minutes of Proceedings, evidence taken and records of similar Committees appointed in previous Assemblies; and

(6) the foregoing provisions of this Resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained
in the Standing Orders.

The Member for Arafura (Mr Rioli) moved the following amendment - Add at the end -

“(7) Furthermore that this Assembly refers the following matters to the Environment Committee for investigation on its own terms of reference:

(i) an ongoing review of environmental problems associated with the Mary River Wetlands and actions related to recommendations of the Committee;

(ii) fuel leaks throughout the Territory;

(iii) environmental damage caused by some developments at Dundee Beach; and

(iv) other issues as it sees fit.”. (Paper 25)

Debate ensued.
The Leader of Government Business (Mr Coulter) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the amendment be agreed to - put and negatived.
Question - That the motion be agreed to - put and passed.

20. DEPUTY CHAIRMEN OF COMMITTEES - WARRANT:
The Speaker laid on the Table the following Warrant:
WARRANT
Pursuant to the provisions of Standing Order 12, I nominate Mr Balch, Mr Dunham, Mr Elferink, Mr Lugg, Mr Ah Kit, Mr Rioli and Mr Toyne to act as Chairman of Committees when requested so to do by the Chairman of Committees.

Given under my hand this twenty-sixth day of November, nineteen hundred and ninety-seven.
(Sgd) LORAINE BRAHAM
Speaker
(Paper 26)

21. SUSPENSION OF MEMBERS AND WITHDRAWAL FROM CHAMBER - SESSIONAL ORDER:
The Leader of Government Business (Mr Coulter), by leave, moved - That Standing Orders 240 and 241 be amended as follows so as to operate as Sessional Orders and, unless otherwise ordered, shall come into effect on the first sitting day of 1999 as Standing Orders of the Assembly.

“240. Suspension of Member

(1) If the offence has been committed in the Assembly, the Speaker shall forthwith put the question, on a motion being made, no amendment, adjournment or debate allowed, ‘That the Member named be suspended from the service of the Assembly.’.

(2) If the offence has been committed in Committee, the Chairman shall forthwith suspend the proceedings and report the circumstances to the Assembly;
and the Speaker shall forthwith, on a motion being made, put the same question, without amendment, adjournment or debate, as if the offence had
been committed in the Assembly itself.

“240A. Withdrawal from Chamber

(1) If the Speaker considers the conduct of a Member is disorderly, the Speaker, instead of calling on the provisions of Standing Order 240 or 242,
may order the Member to withdraw from the Assembly for one hour, which order shall not be open to debate or dissent.

(2) If a Member fails to leave the Chamber immediately when ordered to do so by the Speaker, the Speaker may name the Member and shall forthwith
put the question, on a motion being moved, no amendment, adjournment or debate being allowed, ‘That the Member be suspended from the
service of the Assembly.’.

(3) Where a Member is directed to withdraw from the Assembly by the Speaker, the Member may attend for the purpose of voting in any division or being
counted when attention has been drawn to the lack of quorum, but shall withdraw when the vote has been declared or a quorum formed.

“241. Periods of suspension

(1) If any Member be suspended under Standing Order 240 or Standing Order 240A, his suspension on the first occasion shall be for 24 hours;
on the second occasion during the same year for 2 sitting days excluding the day of suspension; and on the third or any subsequent occasion during the same year for 3 sitting days excluding the day of suspension.

(2) For the purposes of this Standing Order: ‘year’ means a year commencing on 1 January and ending on 31 December; and a sitting day shall not
exceed a period of 24 hours.

(3) For the purposes of this Standing Order, any suspension in a previous session of the Assembly or any order to withdraw pursuant to Standing Order 240A
shall be disregarded.

(4) Should any period of suspension prevent a Member from attending the Legislative Assembly for three or more consecutive sitting days, for the purposes
of section 21(2)(c) of the Northern Territory (Self-Government) Act, the Member shall be deemed to have been granted the permission of the
Assembly to absent himself.”.(Paper 27)

Question - put and passed.

22. PROPOSED COMMITTEE ON USE AND ABUSE OF SUBSTANCES BY THE COMMUNITY - LEAVE DENIED:
The Member for Stuart (Mr Toyne) sought leave to move a motion in regard to the proposed Committee on Use and Abuse of Substances by the Community.
Objection being raised - leave denied.
Suspension of Standing Orders - Move a Motion: Mr Toyne thereupon moved - That so much of Standing Orders be suspended as would prevent him moving the following motion -

That during the present session of the Assembly:

(1) a Committee known as the Use and Abuse of Substances by the Community be appointed comprising the Member for Stuart, Mr Toyne,
the Member for Arafura, Mr Rioli, the Member for Nhulunbuy, Mr Stirling, and three Members appointed by the Government;

(2) the Committee be empowered, unless otherwise ordered, to inquire into and from time to report on:

(a) current trends in substance abuse in the Northern Territory and, as far as possible, differences in consumption patterns based on regions, age, sex, other demographic characteristics and ethnic factors;

(b) the social and economic consequences of current patterns of substance abuse with special reference to the well-being of individuals and communities and to the demands placed upon government and non-government services;

(c) the services currently available within the Northern Territory by both government and non-government agencies to deal with issues directly or indirectly related to substance usage;

(d) factors which directly affect the level and nature of substance usage in the Northern Territory community or parts of that community, including, without limiting the generality of the foregoing:

(i) the accessibility/availability within communities;

(ii) the demographic, ethnic and industry structure of the Northern Territory; and

(iii) the correlation between socioeconomic conditions and substance use; and

(e) appropriate policies and services for the prevention and treatment of substance use in the Northern Territory;

(3) the Committee be empowered to send for persons, papers and records, to sit in public or in private session notwithstanding any adjournment of the Assembly, to adjourn from place to place and have leave to report from time to time its proceedings and the evidence
taken and make such interim recommendations as it may deem fit, and to publish information pertaining to its activities from time to time,
and also be required to make an annual report to the Assembly of its activities;

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

(5) the Committee be empowered to consider, disclose and publish the Minutes of Proceedings, evidence taken and records of the Committee on Use and Abuse of Alcohol by the Community in the previous Assembly; and

(6) the foregoing provisions of this resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained
in the Standing Orders.”. (Paper 28)

The Leader of Government Business (Mr Coulter) moved - That the question be now put.
Question - That the question be now put - put and passed.
Question - That the motion be agreed to - put and negatived.

23. ORDER OF BUSINESS:
The Leader of Government Business (Mr Coulter) moved - That intervening business be postponed until after consideration of Government Business, Order of the Day No 2 relating to the Address-in-Reply of His Honour the Administrator.
Question - put and passed.

24. AUDITOR-GENERAL’S END OF FINANCIAL YEAR REPORT, AUGUST 1997 - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
The Speaker laid on the Table the End of Financial Year Report to the Legislative Assembly of the Auditor-General for the Northern Territory, dated August 1997. (Paper 29)
The Chief Minister (Mr Stone) moved - That the Paper be printed.
Question - put and passed.
Mr Stone moved - That the Assembly take note of the Paper.
Ordered - That the debate be adjourned and Mr Stone have leave to continue his remarks at a later hour.

25. ADDRESS-IN-REPLY:
The order of the day having been read for the resumption of debate on the motion of the Chief Minister (Mr Stone) - That the following Address-in Reply be agreed to:

To His Honour the Administrator of the Northern Territory,

MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern Territory in Parliament assembled, desire to express our loyalty to our Most Gracious Sovereign, and to thank Your Honour for the Speech which you have been pleased to address to the Assembly.

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

26. SALE OF AYERS ROCK AND ALICE SPRINGS RESORTS AND DISSOLUTION OF YULARA TOWN COUNCIL - PAPER TABLED - MINISTERIAL STATEMENT:
The Treasurer (Mr Reed) laid on the Table the Financial Statements of the Ayers Rock Resort Corporation for the year ended 30 June 1997
(Paper 31).
Mr Reed made a Statement relating thereto (Paper 30).
Paper tabled: Mr Reed laid on the Table the following Paper -

Report of Tourism Infrastructure by Coopers and Lybrand dated 25 November 1997 (Paper 32).

Mr Reed moved - That the Assembly take note of the Statement.
Debate ensued. .
__________________________

Proposed Censure of the Minister for Local Government - Closure of the Yulara Town Council - Motion Negatived: The Deputy Leader of the Opposition (Mr Bailey) moved - That this Assembly censure the Minister for Local Government (Mr Baldwin) for:

(1) championing legislation dissolving the Yulara Town Council;

(2) seeking to rush the legislation to dissolve the Yulara Town Council through this House in a mere two days;

(3) the dishonest commitment of on-going cooperation he gave to the Yulara Town Council just two weeks prior to announcing its dissolution;

(4) his failure to talk to the Yulara community prior to dissolving their council;

(5) his failure to recognise the important role local government plays in communities such as Yulara;

(6) his hypocritical support for the draft Northern Territory Constitution which protects local governing bodies from the very action he is perpetrating on the Yulara Town Council;

(7) his failure to respect the spirit and expressed words of the Memorandum of Understanding entered into between the Local Government Association of the Northern Territory and the Country Liberal Party Administration in May 1997; and

(8) creating fear and uncertainty amongst all local governing bodies throughout the Territory.
(Paper 56)

The Leader of Government Business (Mr Coulter) informed the Assembly that the Government, pursuant to Standing Order 95, accepted the notice of motion as a censure motion.
Debate ensued.
Question - That the censure motion 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

Motion negatived accordingly.
______________________________

Debate continued.
Paper tabled: Mr Reed laid on the Table the following Paper -

Yulara Town Council, Annual Report, year ended 30 June 1997 (Paper 57).

Question - put and passed.

27. PLANS OF MANAGEMENT FOR CONSERVATION RESERVES, RAINBOW VALLEY, ILLAMURTA SPRINGS; AND MAC CLARK (ACACIA PEUCE) - PAPERS TABLED - MOTION TO NOTE PAPERS:
The Minister for Parks and Wildlife (Mr Baldwin) laid on the Table the following Papers -

Rainbow Valley Conservation Reserve, Plan of Management, Parks and Wildlife Commission of the Northern Territory (Paper 58);
Illamurta Springs Conservation Reserve, Plan of Management/Conservation Plan of Management, Parks and Wildlife Commission of the Northern Territory
(Paper 59); and
Mac Clark (Acacia Peuce) Conservation Reserve (Paper 60).

Mr Baldwin moved - That the Assembly take note of the Papers.
On the motion of the Member for Arnhem (Mr Ah Kit) debate was adjourned.

28. AYERS ROCK RESORT (SALE) BILL 1997 (Serial 1):
Suspension of Standing Orders - Pass all Stages: The Treasurer (Mr Reed) moved - That so much of Standing Orders be suspended as would prevent the Ayers Rock Resort (Sale) Bill 1997 (Serial 1) passing through all stages at these Sittings.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
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 ensued.
On the motion of the Deputy Leader of the Opposition (Mr Bailey) debate was adjourned.

29. ADDRESS-IN-REPLY:
The order of the day having been read for the resumption of the debate on the motion of the Chief Minister (Mr Stone) - That the following Address-in-Reply be agreed to:

To His Honour the Administrator of the Northern Territory,

MAY IT PLEASE YOUR HONOUR - We, the Legislative Assembly of the Northern Territory in Parliament assembled, desire to express our loyalty to our Most Gracious Sovereign, and to thank Your Honour for the Speech which you have been pleased to address to the Assembly.

Debate resumed.
On the motion of the Minister for Lands, Planning and Environment (Mr Palmer) debate was adjourned.

30. ADJOURNMENT:
The Chief Minister (Mr Stone) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 21:12 h until Thursday 27 November 1997 at 10:00 h.
==========================

PAPERS:
The following Papers were deemed to have been presented on Wednesday 26 November 1997:

By-laws:
Amendments of Northern Territory University (Academic Board) By-laws (Paper 34)
Amendments of Northern Territory University (Student Conduct) By-laws (Paper 37)
Amendments of Northern Territory University (Vocational Education and Training Board) By-laws (Paper 36)
Northern Territory University (Fees and Charges) By-laws (Paper 35)

Financial Management Act:
Approval of Additional Allocations:
Northern Territory Treasury: Superannuation Office: Conditions of Service Provisions; Office of the Director of Public Prosecutions: Director of Public Prosecutions; Liquor Commission: Liquor Management; Department of Education: Secondary and Post-Secondary Education; Darwin Port Authority: Port Infrastructure, 30 June 1997 (Paper 53)
Office of Courts Administration and Magistrates Court, dated 20 June 1997 (Paper 46)

Determination:
Various Government Departments, dated 30 June 1997 (Paper 54)

Determination of Amounts of Allocation Transferred on Redistribution of Public Business Amongst Agencies: Power and Water Authority and N T Treasury, dated 29 September 1997 (Paper 55)

Direction to Transfer Excess Allocations:
Department of the Chief Minister: Specialist Services and Executive Government to Corporate Management and Arts and Cultural Affairs; Department of the Legislative Assembly: Assembly Services to Member Services; Racing and Gaming Authority: Systems to Corporate Management and Racing Management; Batchelor College: Higher Education to Academic and Student Support; Centralian College: Vocational Education and Training to Corporate Services; Department of Education: Corporate Management, Secondary Education, Student and School Support Services, Non-Government Education, Post-Secondary Education to Urban Pre-School and Primary Education, Non-Urban Education; Department of Lands, Planning and Environment: Resource Management and Environment to Water Resources; Department of Transport and Works, NCOM: Communications Services to Information Management and Facilities Management, dated 30 June 1997 (Paper 51)
Department of Transport and Works, NCOM: Information Management and Communications Services to Facilities Management, dated 30 June 1997 (Paper 43) )
Northern Territory Police, Fire & Emergency Services: Corporate Management to Crime Operations, dated 26 June 1997 (Paper 50) )
Northern Territory Rural College: Academic and Training Activities to Corporate Services, dated 26 June 1997 (Paper 49) )
Northern Territory Treasury, Services: Corporate Management, Economic Services, Strategic Services to Budget Development and Management, Territory Revenue Management, Financial Services, dated 30 June 1997 (Paper 52) )
Parks and Wildlife Commission of the Northern Territory: Corporate Management and Park Management to Wildlife and Alice Springs Desert Park, dated 26 June 1997 (Paper 45) )
Territory Health Services, Public Health and Policy Services, Primary Health Care to Corporate Management, Royal Darwin Hospital, Other Hospital Services and Community Health Services, dated 30 June 1997 (Paper 44) )

Variation of Allocations to Activities:
Auditor-General’s Office, dated 25 June 1997 (Paper 48)
Department of the Chief Minister, dated 25 June 1997 (Paper 47)

Papers:
Weeds Management Bill 1997, Draft Bill (Paper 33)

Regulations 1997:
No 27, Amendment to Stock Diseases Regulations (Paper 38)
No 28, Amendment of Education (Board of Studies) Regulations (Paper 39)
No 29, Amendment to Work Health Regulations (Paper 40)
No 30, Amendment of Juries Regulations (Paper 41)
No 31, Amendments of Fisheries Regulations (Paper 42)
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ATTENDANCE:
All Members attended the sitting.
Last updated: 04 Aug 2016