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Minutes of Proceedings - 1999-02-17

Eighth Assembly First Session 16/02/1999 Parliamentary Record No. 14
__________________________________________________________________________________

Date : 17/02/1999
__________________________________________________________________________________

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

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:
    The Speaker (Mr McCarthy) advised Honourable Members that he had received the following Message from His Honour the Administrator:
Message No. 12

Assent to Proposed Laws


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


7 December 1998:
        Notifiable Diseases Amendment Act 1998, No. 82 of 1998
        Commercial Passenger (Road) Transport Amendment Act 1998, No. 83 of 1998
        Merlin Project Agreement Ratification Act 1998, No. 84 of 1998
    9 December 1998:
        Criminal Code Amendment Act (No. 2) 1998, No. 85 of 1998
        Juvenile Justice Amendment Act (No. 3) 1998, No. 86 of 1998
        Police Administration Amendment Act (No. 2) 1998, No. 87 of 1998
        Prisons (Correctional Services) Amendment Act (No. 2) 1998, No. 88 of 1998
    11 December 1998:
        Trans-Tasman Mutual Recognition Act 1998, No. 89 of 1998
        Domestic Violence Amendment Act 1998, No. 90 of 1998
        Sentencing Amendment Act (No. 2) 1998, No. 91 of 1998
        Statute Law Revision Act (No. 2) 1998, No. 92 of 1998
    23 December 1998:
        Lands and Mining (Miscellaneous Amendments) Act 1998, No. 93 of 1998
    29 December 1998:
        Business Franchise Act (Suspension of Operation) Act 1998, No. 94 of 1998
        Fuel Subsidies Act 1998, No. 95 of 1998
        Northern Territory Rail Safety Act 1998, No. 96 of 1998
        Mining Amendment Act (No. 3) 1998, No. 97 of 1998
        Motor Vehicles Amendment Act (No. 2) 1998, No. 98 of 1998
        Traffic Amendment Act (No. 2) 1998, No. 99 of 1998
        Stock (Artificial Breeding) Act Repeal Act 1998, No. 100 of 1998
        Road Safety Council Amendment Act 1998, No. 101 of 1998
        Public Trustee Amendment Act 1998, No. 102 of 1998
        Pastoral Land Amendment Act 1998, No. 103 of 1998
    Dated 16th February 1999.
    (Sgd) NEIL CONN
    Administrator
    (Paper 930)
4. VISITOR:
    The Speaker (Mr McCarthy) drew attention to the presence in the gallery of Year 6 students from Parap School accompanied by their teachers Mrs Kerry Hudson, Mrs Sylvia Siskamanis and Ms Jane Thompson.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the visitor.

5. NOTICES:
    The following notices were given:
    Mr Burke: To move – That –
          (1) a committee, to be known as the Select Committee on Territory Food Prices, be appointed to inquire into and report on:
                (a) whether or not the prices of food, groceries and household items across the Territory are substantially different to those in comparable locations elsewhere in Australia; and
                (b) if so, identify the reasons for the variations in prices;

            (2) unless otherwise ordered, membership will comprise Mr Balch, Dr Lim; Mr Mitchell; Mr Stirling and Mr Ah Kit;

            (3) the committee or subcommittee shall have power to send for and examine persons, papers and records, to sit in public or in private session, notwithstanding any adjournment of the Assembly, and to adjourn from place to place;
            (4) the quorum of the committee shall be three;
          (5) unless otherwise ordered the committee shall report to the Assembly on or before 19 August 1999;
            (6) the committee have power to appoint subcommittees and to refer to any such subcommittee any matter which the committee is empowered to examine;
              (7) two members of a subcommittee constitute a quorum of a subcommittee;
                (8) the committee or a subcommittee 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;

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

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

                  (11) if the Assembly is not sitting when the select committee has prepared its report for presentation, the committee may provide the report to the Speaker, and, in that event -
                          (a) the report of the Select Committee on Territory Food Prices shall be deemed to have been presented to the Assembly;
                          (b) the publication of the report is authorised by this resolution; and
                          (c) the Speaker, Deputy Speaker, as the case may be, may give directions for the printing and circulation of the report; and
                      the Speaker shall lay the report upon the Table at the next sitting of the Assembly.

          Mr Burke: To present the Bail Amendment Bill 1999 (Serial 139).
          Mr Adamson: To present the Museums and Art Galleries Bill 1999 (Serial 140).

        6. QUESTIONS:
          10:06 Ms Martin to Mr Burke.
          10:14 Mr Mitchell to Mr Burke.
          10:18 Ms Martin to Mr Dunham.
          10:23 Mr Elferink to Mr Reed.
          10:24 Mr Stirling to Mr Burke.
          10:32 Mr Balch to Mr Burke.
          10:38 Mr Stirling to Mr Burke.
          Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Papers –
        Invoice No 8711, $10,600, Newspoll , Market Research, dated 12 November 1992 (Paper 931); and
        Letter, Mr David Briggs, General Manager, Newspoll Market Research to Mr Peter Conran, dated 12 October 1992 (Paper 932).

          10:44 Mr Lugg to Mr Baldwin.
          10:47 Mr Stirling to Mr Burke.
          Papers tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Papers –
        Northern Territory Community Attitude Study, November 1992 – Job No. 2115, Department of the Chief Minister, Northern Territory Government (Paper 936);
        Federal and Territory Issues, Newspoll Market Research, dated 11 November 1992 (Paper 935);
        Northern Territory Voting Intention, Newspoll Market Research, dated 10 November 1992 (Paper 934); and
        Federal Voting Intention, Newspoll Market Research, dated 6 November 1992 (Paper 933).

          10:49 Mr Hatton to Mr Manzie.
          10:57 Mr Bailey to Mr Manzie.

          The Leader of Government Business (Mr Coulter) asked that further questions be placed on the Question Paper.
        7. MINISTERIAL STATEMENT – LOCAL GOVERNMENT REFORM AND DEVELOPMENT – STATEMENT NOTED:
          The Minister for Local Government (Mrs Braham) made a statement relating to the reform and development of Local Government in the Northern Territory (Paper 937).
          Mrs Braham moved – That the Assembly take note of the Statement.
          Debate ensued.
          ____________________

          Suspension of sitting: The sitting was suspended between 11:57 h and 14:00 h.
          ____________________

          Debate resumed.
          ____________________

          Visitors: The Speaker (Mr McCarthy) drew attention to the presence in the gallery of Diploma of Business, Community Management Students from Batchelor College accompanied by their lecturer Mr John Ingram.
          On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
          ____________________

          Debate continued.
          Question – Put and passed.
        8. FREEDOM OF INFORMATION BILL 1999 (Serial 121):
          The Leader of the Opposition (Ms Martin), pursuant to notice, presented a Bill for an Act to require information concerning documents held by government to be made available to members of the community, to enable members of the community to obtain access to documents held by government and to enable members of the community to ensure that documents held by the government concerning their personal affairs are accurate, complete, up-to-date and not misleading, and for related purposes.
          Bill read a first time.
          Ms Martin moved – That the Bill be now read a second time.
          On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
        9. INQUIRY PURSUANT TO THE INQUIRIES ACT - VOTER OPINION RESEARCH – MOTION NEGATIVED:
          The Member for Nhulunbuy (Mr Stirling), pursuant to notice, moved – That –
            This Assembly, pursuant to the Inquiries Act, resolve that a Board of Inquiry, consisting of three persons, be appointed to inquire into and report to the Administrator in relation to:
                  (a) allegations about the role of the Honourable Shane Stone QC, MLA; Andrew Coward; Paul Cowdy; Mark Textor and other persons in the development and implementation of corrupt operations to obtain voter opinion research for the Country Liberal Party which saw:
                      (i) taxpayers defrauded by tens of thousands of dollars;
                      (ii) public servants being deceived by pre conceived fraudulent paper trails which led them to authorise Government Expenditure for the Country Liberal Party’s Research;

                      (iii) using the voter opinion research to conduct divisive and destructive political campaigns; and


                  (b) allegations by the Chief Minister that Labor has tendered doctored or forged documents in relation to the above allegation;
                  AND
                    The inquiry shall call the Honourable Shane Stone QC, MLA; Andrew Coward; Paul Cowdy; Mark Textor; and any other persons with relevant knowledge of these operations to give evidence;

                    The inquiry shall obtain from Honourable Shane Stone QC, MLA; Andrew Coward; Paul Cowdy; Mark Textor and any other persons with relevant knowledge of these operations all relevant documents and materials;
              The inquiry shall make recommendations with respect to the above with particular reference to:

                    (a) whether this matter should be referred to the Director of Public Prosecutions, Police or other regulatory body; and
                      (b) how the accountability measures applying to the use of tax payer’s money in relation to public opinion polling can be tightened to stop corrupt practices from occurring; and
                  Pursuant to the Inquiries Act the Administrator shall lay a copy of the Report before the Legislative Assembly within 3 months of this motion being carried; and

                  Of the persons to constitute the Board of Inquiry, one shall be a legal practitioner of five years standing and admitted to practice in the Northern Territory.

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

                AYES, 6 NOES, 16

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

                And so it was decided in the negative.
                Motion negatived accordingly.
              10. MANDATORY SENTENCING – MOTION NEGATIVED:
                The Member for Nhulunbuy (Mr Stirling), pursuant to notice, moved – That - this Assembly call on the Country Liberal Party government to drop mandatory imprisonment for juveniles committing property offences in view of:

                  (a) the government’s failure to demonstrate the policy’s effectiveness in reducing property offences;

                  (b) the risk of increasing the likelihood of offenders offending again after imprisonment;

                  (c) the stupidity of imprisoning juveniles for what are often trivial offences’

                  (d) the fact other more appropriate sanctions such as community work orders are not employed because of the mandatory imprisonment regime; and

                  (e) the economic cost of imprisonment for juveniles.

                Debate ensued.
                Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Papers –
              Graph, Total thefts by months and years for period Sept 96 to Oct 98, Neighbour Watch, Alice Springs (Paper 941); and
              Graph, Total Value of Goods Stolen for Months Sept 96 Nov 98, Neighbour Watch, Alice Springs (Paper 942).

                Debate continued.
                Question – put and negatived.
              11. REGIONAL AGREEMENTS – MOTION AS AMENDED, AGREED TO:
                The Member for Stuart (Mr Toyne), pursuant to notice, moved - That this Assembly resolve that –

                1. The negotiation and resourcing of Regional Agreements offer a crucial opportunity to grow the Territory economy, bring Territorians together, and reduce the mounting cost of the poverty cycle to the public purse.

                2. The Northern Territory Government urgently review its past policies of confrontation and neglect and institute with goodwill, genuine negotiations with all stakeholders aimed at the establishment of Regional Agreements as an regional development initiative and as a positive response to Native Title.

                Debate ensued.
                The Chief Minister (Mr Burke) moved the following amendment –
                Omit all words after “That” and insert in their stead –
                    The Northern Territory Legislative Assembly supports the development and implementation of efficient processes for dealing with Native Title claims and development proposals, including settlement where appropriate.

                Debate resumed.
                Paper tabled: The Member for Arnhem (Mr Ah Kit), by leave, laid on the Table the following Paper -
              Let’s Just Do It!, Negotiate and Win, Territory Labor Native Title Solutions by Maggie Hickey, dated March 1997 (Paper 945).

                Debate resumed.
                Question – That the amendment be agreed to – put and passed.
                Question – That the motion, as amended be agreed to – put and passed.
              12. RESIDENTIAL TENANCIES BILL 1998 (Serial 81) and LANDLORD AND TENANT (RENTAL BONDS) BILL 1998 (Serial 82):
                The Order of the Day having been read for the resumption of the debate on the question – That the Bills be now read a second time.
                Debate ensued.
                Papers tabled: The Minister for Lands, Planning and Environment (Mr Baldwin) laid on the Table the following Paper –
              Letter, Mr Robert Boscaini, President, REINT Inc to Honourable T D Baldwin re tenant rental bonds, dated 26 November 1998 (Paper 946).

                Debate continued.
                Question - put.
                The Assembly divided (the Speaker, Hon. T McCarthy, in the Chair) -

                AYES, 5 NOES, 15

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

                And so it was resolved in the negative.
                Question – That the Bills be now read a second time – negatived accordingly.
              13. LANDS AND MINING (MISCELLANEOUS AMENDMENTS) BILL 1999 (Serial 141):
                The Chief Minister (Mr Burke), pursuant to notice, presented a Bill for an Act to amend certain Acts consequent upon the enactment of the Native Title Amendment Act 1998 of the Commonwealth.
                Bill read a first time.
                Mr Burke moved – That the Bill be now read a second time.
                On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.
              14. ADJOURNMENT:
                The Leader of Government Business (Mr Burke) moved – That the Assembly do now adjourn.
                Debate ensued.
                Question – put and passed.
                And the Assembly adjourned at 20:10 h until 10:00 h on Thursday 18 February 1999.
                ____________________


                PAPERS:
                The following Paper was deemed to have been presented on Wednesday 17 February 1999:

                Annual Report:
                Road Safety Council of the Northern Territory, 1997/98 (Paper 938)
                ____________________


                ATTENDANCE:
                All Members attended the sittings except Mrs Hickey, on leave.
              Last updated: 04 Aug 2016
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