Minutes of Proceedings - 1999-04-20
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Date : 20/04/1999
1. MEETING:
The Assembly met at 10.00 h, pursuant to resolution of the Assembly, dated Thursday 25 February 1999. The Speaker,
the Honourable T R McCarthy, took the Chair.
2. PRAYERS.
3. LEAVE OF ABSENCE:
The Leader of Government business (Mr Coulter ) moved – That leave of absence be granted for this sittings week to the
Member for Port Darwin (Mr Stone) and the Member for Greatorex (Dr Lim) on medical grounds.
Question – put and passed.
4. CONDOLENCE – DR CHARLES GURD K.St.J. C.M.G O.B.E:
The Speaker, with deep regret, advised Members of the death on 26 February 1999 of Dr Charles Gurd K.St.J C.M.G O.B.E, former member of the Legislative Council.
The Chief Minister (Mr Burke), by leave, moved – That this Assembly express its deep regret at the death of Dr Charles Gurd K.St.J C.M.G O.B.E, a former member of the Legislative Council and place on record its appreciation of his long and distinguished service to the people of the Northern Territory and tenders its profound sympathy to his family.
Debate ensued.
Question put and passed.
The Speaker (Mr McCarthy) drew attention to the presence in the Gallery of Year 5/6/7 students from Humpty Doo School accompanied by their teachers Mrs Chrissy O'Connor and Mrs Barbara Doukas.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
6. SPEAKER’S WARRANT:
The Speaker laid on the Table his Warrant appointing Deputy Chairmen of Committees as follows -
W A R R A N T
- Pursuant to the provisions of Standing Order 12, I hereby revoke all previous warrants nominating Members to act as Deputy Chairmen of Committees and nominate Mr S J Balch, Mr J W Elferink, Mr C D Lugg and Mr E H Poole to act as Deputy Chairmen of Committees when requested so to do by the Chairman of Committees.
Given under my hand this 20th day of April nineteen hundred and ninety nine.
T R McCarthy
Speaker
(Paper 1007)
The Leader of the Opposition (Ms Martin), by leave, advised Members that the Deputy Leader of the Opposition (Mr Stirling) had been appointed Shadow Minister for Employment.
8. PETITIONS:
The Member for Brennan (Mr Burke) presented a petition (No. 13) from 35 petitioners requesting the Assembly to
support moves to include rape, sexual assault, grievous bodily harm, violent assaults of any kind in mandatory
sentencing laws (Paper 1009).
Petition read.
The Member for Brennan (Mr Burke) presented a petition (No. 12) from 956 petitioners requesting the Assembly to repeal
legislation which results in unfair imprisonment of people under the age of 18 (Paper 1008).
Petition read.
The Member for Fannie Bay (Ms Martin), by leave, presented a petition (No. 14) from 124 petitioners, not conforming
with Standing Orders, praying that the government provide adequately resourced publicly funded and operated hospitals
and essential services (Paper 1010).
Petition read.
The Member for Casuarina (Mr Adamson) presented a petition (No. 15) from 73 petitioners praying that support be
maintained for bilingual programs in Northern Territory schools (Paper 1011).
Petition read.
The Member for Stuart (Mr Toyne) presented a petition (No. 16) from 2443 petitioners praying that support be maintained
for bilingual programs in Northern Territory schools (Paper 1012).
Petition read.
Response to petitions: The Clerk, pursuant to Standing Order 100A, tabled a response to petition (No. 2) and advised of
its incorporation in Hansard (Paper 1013).
9. NOTICES:
- The following notices were given:
Mr Manzie: To present the Year 2000 Information Disclosure Bill 1999 (Serial 150).
Mrs Braham: To present the Local Government (Katherine Rates) Bill 1999 (Serial 149).
Ms Martin to move –
- “there needs to be discretion for the magistrates. I believe in the first offence, particularly where there are exceptional circumstances.”
“also for a first offender where it can be clearly exhibited to the judge or magistrate that they have atoned for their offence in terms of retribution or restitution to the victim or there are particular circumstances that the magistrate feels need to be taken into account, providing those circumstances are detailed by the magistrate. I believe in the first offence situation we should make amendments to accommodate them.”
“when it comes to recurrent and habitual criminals I believe mandatory sentencing has sort of run its race.
“certainly in terms of should it apply to 4th, 5th or 6th offences, I think it’s well past its “use by” then and really we need to put finite time on mandatory sentencing and those sorts of things.”
“there will always be exceptional circumstances and those circumstances need to be attended to.”;
This Assembly endorses these statements by the Chief Minister;
This Assembly calls upon the Chief Minister to produce amending legislation to put into operation his views; and
This Assembly notes the commitment given by the Leader of the Opposition that the Opposition would support the Chief Minister’s amending legislation being passed on urgency during these sittings.
- 1. This Assembly, as the closest Australian Parliament to East Timor -
- (a) condemn the current spate of lawlessness sweeping through our near neighbour;
- (b) call on the government of Indonesia to take immediate action to restore law and order within East Timor;
(c) call on the Australian Government to use whatever means it can to ensure that the government of Indonesia immediately restore law and order in East Timor and failing this, that the Australian Government take action to facilitate an international response to achieve this end;
- (d) call on the Northern Territory Government to use whatever means it can to ensure that the government of Indonesia immediately restores law and order within East Timor and directly lobby the Australian Government to take the action outlined in paragraph (c); and
- Indonesian President;
Indonesian Consulate in Darwin;
Australian Prime Minister;
Australian Minister for Foreign Affairs;
Australian Leader of the Opposition; and
Australian Shadow Minister for Foreign Affairs.
- 10:20 Ms Martin to Mr Burke.
10:30 Mr Lugg to Mr Burke.
Paper tabled: Mr Burke laid on the Table the following Paper –
10:37 Ms Martin to Mr Burke.
10:38 Mr Balch to Mr Burke.
10:44 Ms Martin to Mr Burke.
10:45 Mr Lugg to Mr Manzie.
The Leader of Government Business (Mr Coulter) asked that further questions be placed on the Question Paper.
11. SUSPENSION OF STANDING ORDERS – MANDATORY SENTENCING MOTION – NEGATIVED:
- The Leader of the Opposition (Ms Martin) moved – That, so much of Standing Orders be suspended as would prevent my moving the following motion forthwith –
Whereas the Chief Minister has stated:
- “there needs to be discretion for the magistrates. I believe in the first offence, particularly where there are exceptional circumstances.”
“also for a first offender where it can be clearly exhibited to the judge or magistrate that they have atoned for their offence in terms of retribution or restitution to the victim or there are particular circumstances that the magistrate feels need to be taken into account, providing those circumstances are detailed by the magistrate. I believe in the first offence situation we should make amendments to accommodate them.”
“when it comes to recurrent and habitual criminals I believe mandatory sentencing has sort of run its race.
“certainly in terms of should it apply to 4th, 5th or 6th offences, I think it’s well past its “use by” then and really we need to put finite time on mandatory sentencing and those sorts of things.”
“there will always be exceptional circumstances and those circumstances need to be attended to.”;
This Assembly endorses these statements by the Chief Minister;
This Assembly calls upon the Chief Minister to produce amending legislation to put into operation his views; and
This Assembly notes the commitment given by the Leader of the Opposition that the Opposition would support the Chief Minister’s amending legislation being passed on urgency during these sittings.
Debate ensued.
The Leader of Government Business (Mr Coulter) 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, 15 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mrs Braham Ms Martin
Mr Burke Mr Rioli
Mr Coulter Mr Stirling
Mr Dunham Mr Toyne
Mr Elferink
Mr Hatton
Mr Lugg
Mr Manzie
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, 15
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mrs Braham
Mr Rioli Mr Burke
Mr Stirling Mr Coulter
Mr Toyne Mr Dunham
Mr Elferink
Mr Hatton
Mr Lugg
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Motion negatived accordingly.
- The speaker laid on the Table the Commonwealth Day Message 1999 from Her Majesty the Queen, dated 8 March 1999 and advised Honourable Members that it would be incorporated in Hansard (Paper 1018).
- The Chief Minister (Mr Burke) made a statement relating to the events of the Premiers’ Conference 1999 held in Canberra, April 1999 (Paper 1019).
Paper tabled: Mr Burke laid on the Tabled the following Paper –
Intergovernmental Agreement on the Reform of Commonwealth, dated 9 April 1999 – State Financial Relations (Paper 1021).
Mr Burke moved – That the Assembly take note of the Statement. ).
The Leader of the Opposition (Ms Martin) moved the following amendment –
Omit all words after “That” and insert in their stead “this Assembly condemns the Chief Minister for his failure to advocate the interests of Territorians and his support for the imposition of a GST which threatens the lifestyle of many Territorians. (Paper 1020)
The Deputy Chief Minister (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, 14 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mrs Braham Ms Martin
Mr Burke Mr Rioli
Mr Coulter Mr Stirling
Mr Dunham Mr Toyne
Mr Elferink
Mr Hatton
Mr Lugg
Mr Manzie
Mr Mitchell
Mr Poole
Mr Reed
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -
AYES, 7 NOES, 14
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mrs Braham
Mr Rioli Mr Burke
Mr Stirling Mr Coulter
Mr Toyne Mr Dunham
Mr Elferink
Mr Hatton
Mr Lugg
Mr Manzie
Mr Mitchell
Mr Poole
Mr Reed
Motion negatived accordingly.
Debate resumed on the question – That the Assembly take note of the Statement.
Question – put and passed.
Suspension of sitting: The sitting was suspended between 11:470h and 14:00h.
- The Minister for School Education (Mr Adamson) made a statement in relation to the progress of education reform in the Northern Territory (Paper 1022).
Paper tabled: The Minister for School Education (Mr Adamson) laid on the Table the following Paper –
Mr Adamson moved – That the Assembly take note of the Statement.
Debate ensued.
Question – put and passed.
15. MATTER OF PUBLIC IMPORTANCE – EFFECTIVE STRATEGIES FOR REMOTE AREA POLICING:
- The Speaker advised the Assembly that he had received a letter from the Member for Nhulunbuy (Mr Stirling) which proposed for discussion the following definite matter of public importance this day:
- “The effective strategies for remote area policing.”.
- The proposed discussion having received the necessary support –
The Speaker called upon Mr Stirling to address the Assembly.
Discussion ensued.
Papers tabled: The Member for Arnhem (Mr Ah Kit), by leave, laid on the Table the following Papers –
Letter, Hon Mike Reed MLA to Mr Lindsay Joshua JP, President Numburindi Community Government Council, dated 6 July 1998 (Paper 1032);
Transcript, ABC Radio News Darwin, 26 March 99 (Paper 1033); and
Caucus Submission, Law and Order in Remote Communities, March 1999 (Paper 1034).
- Discussion concluded.
16.AUSTRALASIA RAILWAY (THIRD PARTY ACCESS) BILL 1999 (Serial 148):
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.
Bill read a second time.
In Committee
(Chairman - Mr Mitchell)
Bill, by leave, taken as a whole.
On the motion of Mr Coulter the following amendment was agreed to –
Omit from clause 15(2)(c) “access provider” and substitute “access seeker”.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
The Assembly resumed.
The Speaker resumed the Chair, the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same with an amendment.
On the motion of the Minister for the AustralAsia Railway (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
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.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
18. ADJOURNMENT:
The Deputy Chief Minister (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 1804h until 10:00h on Wednesday 21 April 1999.
- PAPERS:
The following Papers were deemed to have been presented on Tuesday 20 April 1999:
Financial Management Act:
Increase of Treasurer’s Advance,dated 29 January 1999 (Paper 1014)
Direction – Transfer of Excess Allocations between Activities, dated 29 January 1999 (Paper 1015)
Determination of Amounts of Allocations Transferred on Redistribution of Public Business Amongst Agencies, dated 24 March 1999 (Paper 1016)
Regulations 1999:
No. 04, Amendments of Work Health Regulations (Paper 1023)
No. 05, Amendments of Palmerston (Private Swimming Pool) By-laws (Paper 1024)
No. 06, Amendment of Tennant Creek (Garbage) By-laws (Paper 1025)
No. 07, Amendment of Legal Practitioners Rules (Paper 1026)
No. 08, Amendments of Administration and Probate Regulations (Paper 1027)
No. 09, Northern Territory Products Symbol Regulations (Paper 1028)
No. 10, Amendments of Fisheries Regulations (Paper 1029)
All Members attended the sitting except Mr Stone and Dr Lim, on leave.