Minutes of Proceedings - 1993-05-26
Sixth Assembly First Session 18/05/1993 Parliamentary Record No. 16
__________________________________________________________________________________
Date : 26/05/1993__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. NOTICES:
The following notices were given:
Mr Perron: To present the Liquor Amendment Bill (No.2) 1993 (Serial 241).
Mr Coulter: To present the Gaming Control Bill 1993 (Serial 242).
4. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Statement by John Tobin regarding comments made by Grant Heaslip, President of the Cattlemen's Association which
allegedly defamed Mr Tobin.
Further questions were asked of Ministers.
Personal explanation: The Minister for Lands and Housing (Mr Hatton), by leave, made a personal explanation regarding comments made by the
Leader of the Opposition (Mr Ede) during Question Time this day.
A further question was asked of a Minister.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
. Memorandum, O.I.C. Medical Records Department of Health and Community Services to A/Medical Superintendent, Katherine
Hospital, Reference 92/109, dated 22 March 1993.
Further questions were asked of Ministers.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by
leave, laid on the Table the following Paper -
. Extract of Minutes, Katherine Hospital Staff, - "7. Hospital Manager's Budget Report", Signed by Rebecca Sharpe, Minute
Secretary.
____________________
Distinguished visitor - Mr David Lamont MLA: The Speaker drew the attention of Honourable Members to the presence in the gallery of
Mr David Lamont, MLA, Member of the A.C.T. Legislative Assembly, Government Whip and Chairman of the Planning, Development and
Infrastructure Committee of that Assembly.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitor.
____________________
Further questions were asked of Ministers.
615
5. VOCATIONAL EDUCATION AND TRAINING SERVICES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Education (Mr Finch) made a statement relating to the future organisation of vocational education and training services in the
Northern Territory.
Mr Finch moved - That the Assembly take note of the Statement.
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 11.54 a.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put and passed.
6. TRANSCONTINENTAL RAILWAY - MOTION AGREED TO:
The Chief Minister (Mr Perron), by leave, moved - That -
1. This Assembly calls upon the Commonwealth Government to:
(a) comply with its obligations under terms of the Northern
Territory Acceptance Act 1910 (Commonwealth) to
construct, or cause to be constructed, the section of the
transcontinental railway between Alice Springs and Darwin;
(b) honour the promise made by the Prime Minister to commence
forthwith the survey of the remaining 300 kilometres of
the line from Alice Springs to Darwin; and
(c) actively pursue commercial proposals following the
completion of survey work and reaffirm recent undertakings
to facilitate approval and construction and provide
investment support for financially viable proposals.
2. The terms of this resolution be conveyed to the Prime Minister.
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Letter, Brian Ede, Leader of the Opposition to Hon. P J Keating, MP, Prime Minister, dated 16 February 1993.
Debate continued.
Papers tabled: The Minister for Transport and Works (Mr Ortmann) laid on the Table the following Papers -
. Table, Distances and Steaming Times - Asian Ports to Australia; and
. Brochure, "We're building a new port here to save you time and money everywhere".
Debate continued.
616
____________________
Distinguished visitor - The Hon. Donald Wing, MLC:
The Speaker drew the attention of Honourable Members to the presence in the gallery of The Honourable Donald Wing, Member for Launceston in
the Legislative Council of Tasmania.
On behalf of Members the Speaker extended a warm welcome to the distinguished visitor.
____________________
Debate continued.
Question - put and passed.
7. DISTINGUISHED VISITOR - MR B.F. KILGARIFF:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mr Bern Kilgariff, former Senator for the Northern
Territory, former Speaker of the Legislative Assembly of the Northern Territory and Member of the Legislative Council.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitor.
8. MATTER OF PUBLIC IMPORTANCE - CARE OF FRAIL AGED TERRITORIANS:
The Speaker informed the Assembly that the Member for Barkly (Mrs Hickey) had proposed that the following definite matter of public
importance be submitted to the Assembly for discussion this day:
"concern at decisions made by the Territory Government that are
jeopardising the care of frail aged Territorians."
And the proposed discussion having received the necessary support -
The Speaker called on Mrs Hickey to address the Assembly.
Discussion ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
. Memorandum, Hospital Manager to All Staff, Katherine Hospital - "Cost Containment at Katherine Hospital until end of financial
year", dated 19 March 1993.
Discussion continued.
Paper tabled: The Minister for Education (Mr Finch) laid on the Table the following Paper -
. Leaflet - "N.T. Pensioner Concession Scheme", Department of Health and Community Services.
Discussion continued.
Discussion concluded.
9. TRAFFIC AMENDMENT ACT 1992 AMENDMENT BILL 1993 (Serial 250):
The Minister for Transport and Works (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Traffic Amendment Act 1992.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
617
10. WATER SUPPLY AND SEWERAGE AMENDMENT BILL 1993 (Serial 251); and ELECTRICITY AMENDMENT BILL 1993 (Serial 252):
Suspension of Standing Orders - Take two Bills together: The Minister for Transport and Works (Mr Ortmann) moved - That so much of Standing
Orders be suspended as would prevent two Bills, namely: the Water Supply and Sewerage Amendment Bill 1993 (Serial 251) and the Electricity
Amendment Bill 1993 (Serial 252) -
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
(b) the consideration of the Bills separately in the Committee of
the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Ortmann, pursuant to notice, presented a Bill for an Act to amend the Water Supply and Sewerage Act; and a Bill for an Act to amend
the Electricity Act.
Bills read a first time.
Mr Ortmann moved - That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
11. RACING AND GAMING AUTHORITY BILL 1993 (Serial 245); RACING AND BETTING AMENDMENT BILL 1993 (Serial 246); and TOTALIZATOR ADMINISTRATION AND BETTING AMENDMENT BILL 1993 (Serial 247):
Suspension of Standing Orders - Take three Bills together: The Minister for Tourism (Mr Coulter) moved - That so much of Standing Orders be
suspended as would prevent three Bills, namely: the Racing and Gaming Authority Bill 1993 (Serial 245); the Racing and Betting Amendment Bill
1993 (Serial 246); and the Totalizator Administration and Betting Amendment Bill 1993 (Serial 247) -
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
(b) the consideration of the Bills separately in the Committee of
the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Coulter, pursuant to notice, presented a Bill for an Act to establish the Racing and Gaming Authority and for related purposes; a
Bill for an Act to amend the Racing and Betting Act and to repeal the Racing Commission Act; and a Bill for an Act to amend the
Totalizator Administration and Betting Act.
Bills read a first time.
Mr Coulter moved - That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
618
12. FINANCIAL ADMINISTRATION AND AUDIT AMENDMENT BILL (No.2) 1993 (Serial 235); BUSINESS FRANCHISE AMENDMENT BILL 1993 (Serial 236); PAY-ROLL TAX AMENDMENT BILL 1993 (Serial 237); and TAXATION (ADMINISTRATION) AMENDMENT BILL 1993 (Serial 238):
Suspension of Standing Orders - Take four Bills together: The Treasurer (Mr Coulter) moved - That so much of Standing Orders be suspended as
would prevent four Bills, namely: the Financial Administration and Audit Amendment Bill (No.2) 1993 (Serial 235); the Business Franchise
Amendment Bill 1993 (Serial 236); the Pay-roll Tax Amendment Bill 1993 (Serial 237); and the Taxation (Administration) Amendment Bill 1993 (Serial 238) -
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
(b) the consideration of the Bills separately in Committee of the
Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Coulter, pursuant to notice, presented a Bill for an Act to amend the Financial Administration and Audit Act; a Bill for an Act to
amend the Business Franchise Act; a Bill for an Act to amend the Pay-roll Tax Act; and a Bill for an Act to amend the
Taxation (Administration) Act.
Bills read a first time.
Mr Coulter moved - That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
13. CROWN PROCEEDINGS BILL 1993 (Serial 239); and SUPREME COURT AMENDMENT BILL 1993 (Serial 240):
Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended
as would prevent two Bills, namely: the Crown Proceedings Bill 1993 (Serial 239) and the Supreme Court Amendment Bill 1993 (Serial 240) -
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
(b) the consideration of the Bills separately in Committee of the
Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Manzie, pursuant to notice, presented a Bill for an Act, the subject of His Honour the Administrator's Message No.10, to provide for
suits by and against the Crown and for related purposes; and a Bill for an Act to amend the Supreme Court Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
619
14. CONSUMER AFFAIRS AND FAIR TRADING BILL 1993 (Serial 244):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Consumer Affairs and Fair Trading Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
15. PROSTITUTION REGULATION AMENDMENT BILL 1993 (Serial 248):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Prostitution Regulation Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
16. LIMITATION AMENDMENT BILL 1993 (Serial 249):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Limitation Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
17. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT (CONSEQUENTIAL AMENDMENT) BILL 1993 (Serial 195):
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 resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole.
On the motion of the Minister for Public Employment (Mr Finch) the following amendments, by leave, were taken together and agreed to -
SCHEDULE
Insert after the item relating to the Annual Leave Act
the following:
"Anti-
Discrimination
Act
Section 9(1)(b) 'Public Service Act' 'Public Sector
and 12 Employment and
Management Act'";
620
Omit from the item relating to the Conservation Commission
Act the entry relating to Section 24 and insert in its stead
the following:
"Section 24(1) '(1) The Commission' '(1) In addition to
employees employed
under the Public
Sector Employment
and Management Act
by the Commission,
the Commission'
Section 24 subsection (2) ";
Omit the item relating to the Credit Unions Act;
Insert in the item relating to the Criminal Code, at the end
of the proposed definition of "employed in the public service",
the words ", as a police officer or to execute any process of a
court of justice";
Insert at the end of the item relating to the Criminal Code
the following:
"Section 1
- definition of the whole definition
'person employed
in the public
service'
Section 1
- definition of the whole definition '"ship" means every
'ship' kind of vessel used
in navigation not
propelled by oars;
'"Public Sector" has
the same meaning as
in the Public Sector
Employment and
Management Act;'
Section 79(1) 'public service' 'Public Sector'
(second occurring)
'department of the 'Agency within the
service' Public Sector'
Section 79(2) 'head of the depart- 'Chief Executive
ment of the service' Officer of the Agency
within the Public
Sector'
Section 92(a) 'public service' 'Public Sector'
(twice occurring) ";
621
Omit from the item relating to the Financial Administration
and Audit Act the entries relating to sections 42 and 46 and
insert in their stead the following:
"Section 42 'Public Service Act' 'Public Sector
Employment and
Management Act'";
Insert after the item relating to the Financial
Administration and Audit Act the following:
"Financial Insti-
tutions (Territory
Supervisory Author-
ity) Act
Sections 11(1) 'Public Service Act' 'Public Sector
and 15(1) Employment and
Management Act'
Firearms Act
Section 4(5)(a) 'Public Service Act' 'Public Sector
and 5(1) Employment and
Management Act'";
Omit the item relating to the Fire Service Act and
insert in its stead the following:
"Fire Service Act
Section 4(1)
- definition of
'Appeal Board' the whole definition
- definition of
'Commissioner of 'Police Administration 'Police
Police' Act;' Administration Act
and includes a
member of the Police
Force appointed
under that Act to
act as the
Commissioner while
the member is so
acting;'
- definition of
'Promotions
Board' the whole definition
Section 6 the whole section ' 6. CONSTITUTION
FIRE SERVICE
'The Fire Service
shall consist of the
Commissioner of
Police (who for the
purposes of, and
622
not-withstanding
anything in, the
Public Sector Employ-
ment and Management
Act shall be the
Chief Executive
Officer under that
Act of the Fire
Service) and other
members of
prescribed rank and
seniority appointed
and holding office
under the Public
Sector Employment
and Management
Act.'
Section 8 the whole section ' 8. DIRECTOR AND
CHIEF FIRE
OFFICER
'(1) There shall
be a Director and a
Chief Fire Officer.
'(2) For the
purposes of the
Public Sector
Employment and
Management Act
the duties of the
Director and the
Chief Fire Officer
shall be deemed to
be duties determined
under section 34(1)
(b) of that Act as
duties which may
only be performed on
an appointment for a
fixed period.'
Sections 9, 10, the whole sections
11 and 12
Section 13(1) ', Chief Fire Officer 'or Chief Fire
or Deputy Chief Fire Officer'
Officer'
'Minister under 'Chief Executive
section 12(1)' Officer under section
29 of the Public
Sector Employment
and Management Act
or there is a
vacancy in the
office'
623
'inability relates' 'inability or vacancy
relates'
'inability arose' 'inability or vacancy
arose'
Section 13(2) 'member appointed 'Director or Chief
under section 12' Fire Officer, as the
case may be'
Section 15 subsection (3)
Heading to
Division 4 of
Part II 'Appointment, 'Duties'
Resignation and
Dismissal'
Sections 17, 18,
19, 20, 21, 22,
23 and 24 the whole sections
Section 25(3) 'Where' 'In addition to any
other rights he has
under the Public
Sector Employment
and Management
Act, where'
Section 25 subsections (4), (5)
and (6)
Part III the whole Part
Divisions 2, 3
and 4 of Part IV the whole Divisions
Section 83(a) ', Deputy Chief Fire
Officer'
Section 83(b) 'or Deputy Chief Fire
(ii) Officer'
Section 101(2) paragraphs (a), (c),
(e), (f), (h), (j) ";
Insert after the item relating to the Legal Aid Act the
following:
"Legislative Assembly
Members' Superannuation
Act
Section 5 'Public Service Act' 'Public Sector
Employment and
Management Act'";
Omit the item relating to the Mines Safety Control Act
and insert in its stead the following:
624
"Mine Management
Act
Section 6(1) 'within the meaning of 'as defined in the
the Public Service Public Sector
Act' Employment and
Management Act'";
Omit the item relating to the Motor Vehicle Dealers Act;
Omit from the entry relating to section 15(2) in the item
relating to the Northern Territory Aboriginal Sacred Sites
Act "Commission" and insert in its stead "Commissioner";
Insert in the item relating to the Ombudsman (Northern
Territory) Act, after the entry relating to the definition of
"department" in section 3(1), the following:
"- definition of the whole definition '"mayor" includes an
'mayor' acting mayor;
'"officer", in
relation to a
department or an
authority that is an
agency as defined in
the Public Sector
Employment and
Management Act,
includes an employee
as defined in that
Act;'";
Insert after the item relating to the Pharmacy Act the
following:
"Planning Act
Section 4(1)
- definition of 'Public Service 'Public Sector
'employee' Act' Employment and
Management Act'";
Insert at the end of proposed section 6(a) in the entry
relating to that section in the item relating to the Plumbers
and Drainers Licensing Act the words ", nominated by the
Authority";
Omit the item relating to the Power and Water Authority
Act and insert in its stead the following:
"Power and Water
Authority Act
Section 3
- definition of
'Authority' 'under' 'by'
625
- definition of
'member' the whole definition '"Chief Executive
Officer" means the
Chief Executive
Officer of the
Authority appointed
under the Public
Sector Employment
and Management Act;
'"member" means a
member of the
Authority other than
the Chief Executive
Officer;'
Section 5 subsection (1) '(1) Subject to this
Act, the Authority
shall consist of -
(a) the Chief
Executive Officer
(who shall be its
Chairman); and
(b) not less than 4
members appointed
by the Administr-
ator, one of whom
shall be appoint-
ed as the Deputy
Chairman of the
Authority.'
Section 6 subsections (5) and (6)
Section 7(1) 'The Chairman or 'A member'
a member'
Section 7(3) all words before 'The Administrator
paragraph (a) may remove a member
from office -'
Section 7(4) 'the Chairman or'
Section 11(1) 'A member' 'A member (including
the Chairman)'
Section 13(1) 'another member' 'a member'
Section 15(2) paragraphs (y)
and (z)
Section 18 the whole section
Section 23 'of a member,' 'of the Chief
Executive Officer or
of a member,'";
626
Omit the item relating to the Racing Commission Act and
insert in its stead the following:
"Racing Commission
Act
Section 19(1) '(1) The Commission' '(1) In addition to
employees employed
under the Public
Sector Employment
and Management Act
by the Commission,
the Commission'
Section 19 subsection (2) ";
Omit the item relating to the Strehlow Research Centre Act
and insert in its stead the following:
"Strehlow Research
Centre Act
Section 16(1) All Words after
'the agreement'
Section 16 subsection (2) "; and
Insert after the item relating to the Therapeutic Goods and
Cosmetics Act the following:
"Trade Development
Zone Act
Section 3
-definition of
'Chairman' the whole definition '"Chairman" includes
the Deputy Chairman
while acting as
Chairman;
'"Chief Executive
Officer" means the
Chief Executive
Officer of the
Authority appointed
under the Public
Sector Employment
and Management
Act;'
- definition of the whole definition '"member" means a
'member' person appointed
under section 5(1),
other than the Chief
Executive Officer if
he or she is
appointed as the
Chairman or as a
member;'
627
Section 5 subsection (1) '(1) Subject to this
Act, the Authority
shall consist of not
less than 3 persons
appointed by the
Minister by notice
in the Gazette,
one of whom shall be
appointed as the
Chairman and another
as the Deputy
Chairman of the
Authority.
'(1A) The Minister
may, in his or her
discretion appoint
the Chief Executive
Officer as a member
and/or the Chairman
of the Authority.'
Section 11(1) 'A member' 'A member (including
the Chief Executive
Officer)'
Section 30 all words before 'In addition to
'persons' employees employed
under the Public
Sector Employment
and Management Act
by the Authority,
the Authority may
employ, on such
terms and conditions
as it thinks fit,
such'".
Bill, as amended, agreed to.
Bill reported with amendments, after debate.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the report was adopted.
On the motion of the Minister for Public Employment (Mr Finch) the Bill was read a third time and passed to be a proposed law.
18. ALTERATION OF ORDER OF BUSINESS:
The Treasurer (Mr Coulter) moved - That Government Business, Order of the Day No.2 relating to the Legal Practitioners Amendment Bill 1993
(Serial 215) be postponed.
Question - put and passed.
19. SUPPLY BILL 1993-94 (Serial 227):
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 -
628
Debate resumed.
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
20. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
. Xanana Gusmao, Excerpts, Defence Plea, dated 21 May 1993.
Debate continued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Handout - "Representing Macdonnell" by Neil Bell, MLA.
Question - put and passed.
The Assembly adjourned at 9.45 p.m. until tomorrow at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
629
__________________________________________________________________________________
Date : 26/05/1993
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. NOTICES:
The following notices were given:
Mr Perron: To present the Liquor Amendment Bill (No.2) 1993 (Serial 241).
Mr Coulter: To present the Gaming Control Bill 1993 (Serial 242).
4. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Statement by John Tobin regarding comments made by Grant Heaslip, President of the Cattlemen's Association which
allegedly defamed Mr Tobin.
Further questions were asked of Ministers.
Personal explanation: The Minister for Lands and Housing (Mr Hatton), by leave, made a personal explanation regarding comments made by the
Leader of the Opposition (Mr Ede) during Question Time this day.
A further question was asked of a Minister.
Paper tabled: The Member for Barkly (Mrs Hickey), by leave, laid on the Table the following Paper -
. Memorandum, O.I.C. Medical Records Department of Health and Community Services to A/Medical Superintendent, Katherine
Hospital, Reference 92/109, dated 22 March 1993.
Further questions were asked of Ministers.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by
leave, laid on the Table the following Paper -
. Extract of Minutes, Katherine Hospital Staff, - "7. Hospital Manager's Budget Report", Signed by Rebecca Sharpe, Minute
Secretary.
____________________
Distinguished visitor - Mr David Lamont MLA: The Speaker drew the attention of Honourable Members to the presence in the gallery of
Mr David Lamont, MLA, Member of the A.C.T. Legislative Assembly, Government Whip and Chairman of the Planning, Development and
Infrastructure Committee of that Assembly.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitor.
____________________
Further questions were asked of Ministers.
615
5. VOCATIONAL EDUCATION AND TRAINING SERVICES - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Education (Mr Finch) made a statement relating to the future organisation of vocational education and training services in the
Northern Territory.
Mr Finch moved - That the Assembly take note of the Statement.
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 11.54 a.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put and passed.
6. TRANSCONTINENTAL RAILWAY - MOTION AGREED TO:
The Chief Minister (Mr Perron), by leave, moved - That -
1. This Assembly calls upon the Commonwealth Government to:
(a) comply with its obligations under terms of the Northern
Territory Acceptance Act 1910 (Commonwealth) to
construct, or cause to be constructed, the section of the
transcontinental railway between Alice Springs and Darwin;
(b) honour the promise made by the Prime Minister to commence
forthwith the survey of the remaining 300 kilometres of
the line from Alice Springs to Darwin; and
(c) actively pursue commercial proposals following the
completion of survey work and reaffirm recent undertakings
to facilitate approval and construction and provide
investment support for financially viable proposals.
2. The terms of this resolution be conveyed to the Prime Minister.
Debate ensued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Letter, Brian Ede, Leader of the Opposition to Hon. P J Keating, MP, Prime Minister, dated 16 February 1993.
Debate continued.
Papers tabled: The Minister for Transport and Works (Mr Ortmann) laid on the Table the following Papers -
. Table, Distances and Steaming Times - Asian Ports to Australia; and
. Brochure, "We're building a new port here to save you time and money everywhere".
Debate continued.
616
____________________
Distinguished visitor - The Hon. Donald Wing, MLC:
The Speaker drew the attention of Honourable Members to the presence in the gallery of The Honourable Donald Wing, Member for Launceston in
the Legislative Council of Tasmania.
On behalf of Members the Speaker extended a warm welcome to the distinguished visitor.
____________________
Debate continued.
Question - put and passed.
7. DISTINGUISHED VISITOR - MR B.F. KILGARIFF:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mr Bern Kilgariff, former Senator for the Northern
Territory, former Speaker of the Legislative Assembly of the Northern Territory and Member of the Legislative Council.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitor.
8. MATTER OF PUBLIC IMPORTANCE - CARE OF FRAIL AGED TERRITORIANS:
The Speaker informed the Assembly that the Member for Barkly (Mrs Hickey) had proposed that the following definite matter of public
importance be submitted to the Assembly for discussion this day:
"concern at decisions made by the Territory Government that are
jeopardising the care of frail aged Territorians."
And the proposed discussion having received the necessary support -
The Speaker called on Mrs Hickey to address the Assembly.
Discussion ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
. Memorandum, Hospital Manager to All Staff, Katherine Hospital - "Cost Containment at Katherine Hospital until end of financial
year", dated 19 March 1993.
Discussion continued.
Paper tabled: The Minister for Education (Mr Finch) laid on the Table the following Paper -
. Leaflet - "N.T. Pensioner Concession Scheme", Department of Health and Community Services.
Discussion continued.
Discussion concluded.
9. TRAFFIC AMENDMENT ACT 1992 AMENDMENT BILL 1993 (Serial 250):
The Minister for Transport and Works (Mr Ortmann), pursuant to notice, presented a Bill for an Act to amend the Traffic Amendment Act 1992.
Bill read a first time.
Mr Ortmann moved - That the Bill be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
617
10. WATER SUPPLY AND SEWERAGE AMENDMENT BILL 1993 (Serial 251); and ELECTRICITY AMENDMENT BILL 1993 (Serial 252):
Suspension of Standing Orders - Take two Bills together: The Minister for Transport and Works (Mr Ortmann) moved - That so much of Standing
Orders be suspended as would prevent two Bills, namely: the Water Supply and Sewerage Amendment Bill 1993 (Serial 251) and the Electricity
Amendment Bill 1993 (Serial 252) -
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
(b) the consideration of the Bills separately in the Committee of
the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Ortmann, pursuant to notice, presented a Bill for an Act to amend the Water Supply and Sewerage Act; and a Bill for an Act to amend
the Electricity Act.
Bills read a first time.
Mr Ortmann moved - That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
11. RACING AND GAMING AUTHORITY BILL 1993 (Serial 245); RACING AND BETTING AMENDMENT BILL 1993 (Serial 246); and TOTALIZATOR ADMINISTRATION AND BETTING AMENDMENT BILL 1993 (Serial 247):
Suspension of Standing Orders - Take three Bills together: The Minister for Tourism (Mr Coulter) moved - That so much of Standing Orders be
suspended as would prevent three Bills, namely: the Racing and Gaming Authority Bill 1993 (Serial 245); the Racing and Betting Amendment Bill
1993 (Serial 246); and the Totalizator Administration and Betting Amendment Bill 1993 (Serial 247) -
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
(b) the consideration of the Bills separately in the Committee of
the Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Coulter, pursuant to notice, presented a Bill for an Act to establish the Racing and Gaming Authority and for related purposes; a
Bill for an Act to amend the Racing and Betting Act and to repeal the Racing Commission Act; and a Bill for an Act to amend the
Totalizator Administration and Betting Act.
Bills read a first time.
Mr Coulter moved - That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
618
12. FINANCIAL ADMINISTRATION AND AUDIT AMENDMENT BILL (No.2) 1993 (Serial 235); BUSINESS FRANCHISE AMENDMENT BILL 1993 (Serial 236); PAY-ROLL TAX AMENDMENT BILL 1993 (Serial 237); and TAXATION (ADMINISTRATION) AMENDMENT BILL 1993 (Serial 238):
Suspension of Standing Orders - Take four Bills together: The Treasurer (Mr Coulter) moved - That so much of Standing Orders be suspended as
would prevent four Bills, namely: the Financial Administration and Audit Amendment Bill (No.2) 1993 (Serial 235); the Business Franchise
Amendment Bill 1993 (Serial 236); the Pay-roll Tax Amendment Bill 1993 (Serial 237); and the Taxation (Administration) Amendment Bill 1993 (Serial 238) -
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
(b) the consideration of the Bills separately in Committee of the
Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Coulter, pursuant to notice, presented a Bill for an Act to amend the Financial Administration and Audit Act; a Bill for an Act to
amend the Business Franchise Act; a Bill for an Act to amend the Pay-roll Tax Act; and a Bill for an Act to amend the
Taxation (Administration) Act.
Bills read a first time.
Mr Coulter moved - That the Bills be now read a second time.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
13. CROWN PROCEEDINGS BILL 1993 (Serial 239); and SUPREME COURT AMENDMENT BILL 1993 (Serial 240):
Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Manzie) moved - That so much of Standing Orders be suspended
as would prevent two Bills, namely: the Crown Proceedings Bill 1993 (Serial 239) and the Supreme Court Amendment Bill 1993 (Serial 240) -
(a) being presented and read a first time together and one motion
being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills
together; and
(b) the consideration of the Bills separately in Committee of the
Whole.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Manzie, pursuant to notice, presented a Bill for an Act, the subject of His Honour the Administrator's Message No.10, to provide for
suits by and against the Crown and for related purposes; and a Bill for an Act to amend the Supreme Court Act.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
619
14. CONSUMER AFFAIRS AND FAIR TRADING BILL 1993 (Serial 244):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Consumer Affairs and Fair Trading Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
15. PROSTITUTION REGULATION AMENDMENT BILL 1993 (Serial 248):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Prostitution Regulation Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
16. LIMITATION AMENDMENT BILL 1993 (Serial 249):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Limitation Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
17. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT (CONSEQUENTIAL AMENDMENT) BILL 1993 (Serial 195):
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 resumed.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Bill, by leave, taken as a whole.
On the motion of the Minister for Public Employment (Mr Finch) the following amendments, by leave, were taken together and agreed to -
SCHEDULE
Insert after the item relating to the Annual Leave Act
the following:
"Anti-
Discrimination
Act
Section 9(1)(b) 'Public Service Act' 'Public Sector
and 12 Employment and
Management Act'";
620
Omit from the item relating to the Conservation Commission
Act the entry relating to Section 24 and insert in its stead
the following:
"Section 24(1) '(1) The Commission' '(1) In addition to
employees employed
under the Public
Sector Employment
and Management Act
by the Commission,
the Commission'
Section 24 subsection (2) ";
Omit the item relating to the Credit Unions Act;
Insert in the item relating to the Criminal Code, at the end
of the proposed definition of "employed in the public service",
the words ", as a police officer or to execute any process of a
court of justice";
Insert at the end of the item relating to the Criminal Code
the following:
"Section 1
- definition of the whole definition
'person employed
in the public
service'
Section 1
- definition of the whole definition '"ship" means every
'ship' kind of vessel used
in navigation not
propelled by oars;
'"Public Sector" has
the same meaning as
in the Public Sector
Employment and
Management Act;'
Section 79(1) 'public service' 'Public Sector'
(second occurring)
'department of the 'Agency within the
service' Public Sector'
Section 79(2) 'head of the depart- 'Chief Executive
ment of the service' Officer of the Agency
within the Public
Sector'
Section 92(a) 'public service' 'Public Sector'
(twice occurring) ";
621
Omit from the item relating to the Financial Administration
and Audit Act the entries relating to sections 42 and 46 and
insert in their stead the following:
"Section 42 'Public Service Act' 'Public Sector
Employment and
Management Act'";
Insert after the item relating to the Financial
Administration and Audit Act the following:
"Financial Insti-
tutions (Territory
Supervisory Author-
ity) Act
Sections 11(1) 'Public Service Act' 'Public Sector
and 15(1) Employment and
Management Act'
Firearms Act
Section 4(5)(a) 'Public Service Act' 'Public Sector
and 5(1) Employment and
Management Act'";
Omit the item relating to the Fire Service Act and
insert in its stead the following:
"Fire Service Act
Section 4(1)
- definition of
'Appeal Board' the whole definition
- definition of
'Commissioner of 'Police Administration 'Police
Police' Act;' Administration Act
and includes a
member of the Police
Force appointed
under that Act to
act as the
Commissioner while
the member is so
acting;'
- definition of
'Promotions
Board' the whole definition
Section 6 the whole section ' 6. CONSTITUTION
FIRE SERVICE
'The Fire Service
shall consist of the
Commissioner of
Police (who for the
purposes of, and
622
not-withstanding
anything in, the
Public Sector Employ-
ment and Management
Act shall be the
Chief Executive
Officer under that
Act of the Fire
Service) and other
members of
prescribed rank and
seniority appointed
and holding office
under the Public
Sector Employment
and Management
Act.'
Section 8 the whole section ' 8. DIRECTOR AND
CHIEF FIRE
OFFICER
'(1) There shall
be a Director and a
Chief Fire Officer.
'(2) For the
purposes of the
Public Sector
Employment and
Management Act
the duties of the
Director and the
Chief Fire Officer
shall be deemed to
be duties determined
under section 34(1)
(b) of that Act as
duties which may
only be performed on
an appointment for a
fixed period.'
Sections 9, 10, the whole sections
11 and 12
Section 13(1) ', Chief Fire Officer 'or Chief Fire
or Deputy Chief Fire Officer'
Officer'
'Minister under 'Chief Executive
section 12(1)' Officer under section
29 of the Public
Sector Employment
and Management Act
or there is a
vacancy in the
office'
623
'inability relates' 'inability or vacancy
relates'
'inability arose' 'inability or vacancy
arose'
Section 13(2) 'member appointed 'Director or Chief
under section 12' Fire Officer, as the
case may be'
Section 15 subsection (3)
Heading to
Division 4 of
Part II 'Appointment, 'Duties'
Resignation and
Dismissal'
Sections 17, 18,
19, 20, 21, 22,
23 and 24 the whole sections
Section 25(3) 'Where' 'In addition to any
other rights he has
under the Public
Sector Employment
and Management
Act, where'
Section 25 subsections (4), (5)
and (6)
Part III the whole Part
Divisions 2, 3
and 4 of Part IV the whole Divisions
Section 83(a) ', Deputy Chief Fire
Officer'
Section 83(b) 'or Deputy Chief Fire
(ii) Officer'
Section 101(2) paragraphs (a), (c),
(e), (f), (h), (j) ";
Insert after the item relating to the Legal Aid Act the
following:
"Legislative Assembly
Members' Superannuation
Act
Section 5 'Public Service Act' 'Public Sector
Employment and
Management Act'";
Omit the item relating to the Mines Safety Control Act
and insert in its stead the following:
624
"Mine Management
Act
Section 6(1) 'within the meaning of 'as defined in the
the Public Service Public Sector
Act' Employment and
Management Act'";
Omit the item relating to the Motor Vehicle Dealers Act;
Omit from the entry relating to section 15(2) in the item
relating to the Northern Territory Aboriginal Sacred Sites
Act "Commission" and insert in its stead "Commissioner";
Insert in the item relating to the Ombudsman (Northern
Territory) Act, after the entry relating to the definition of
"department" in section 3(1), the following:
"- definition of the whole definition '"mayor" includes an
'mayor' acting mayor;
'"officer", in
relation to a
department or an
authority that is an
agency as defined in
the Public Sector
Employment and
Management Act,
includes an employee
as defined in that
Act;'";
Insert after the item relating to the Pharmacy Act the
following:
"Planning Act
Section 4(1)
- definition of 'Public Service 'Public Sector
'employee' Act' Employment and
Management Act'";
Insert at the end of proposed section 6(a) in the entry
relating to that section in the item relating to the Plumbers
and Drainers Licensing Act the words ", nominated by the
Authority";
Omit the item relating to the Power and Water Authority
Act and insert in its stead the following:
"Power and Water
Authority Act
Section 3
- definition of
'Authority' 'under' 'by'
625
- definition of
'member' the whole definition '"Chief Executive
Officer" means the
Chief Executive
Officer of the
Authority appointed
under the Public
Sector Employment
and Management Act;
'"member" means a
member of the
Authority other than
the Chief Executive
Officer;'
Section 5 subsection (1) '(1) Subject to this
Act, the Authority
shall consist of -
(a) the Chief
Executive Officer
(who shall be its
Chairman); and
(b) not less than 4
members appointed
by the Administr-
ator, one of whom
shall be appoint-
ed as the Deputy
Chairman of the
Authority.'
Section 6 subsections (5) and (6)
Section 7(1) 'The Chairman or 'A member'
a member'
Section 7(3) all words before 'The Administrator
paragraph (a) may remove a member
from office -'
Section 7(4) 'the Chairman or'
Section 11(1) 'A member' 'A member (including
the Chairman)'
Section 13(1) 'another member' 'a member'
Section 15(2) paragraphs (y)
and (z)
Section 18 the whole section
Section 23 'of a member,' 'of the Chief
Executive Officer or
of a member,'";
626
Omit the item relating to the Racing Commission Act and
insert in its stead the following:
"Racing Commission
Act
Section 19(1) '(1) The Commission' '(1) In addition to
employees employed
under the Public
Sector Employment
and Management Act
by the Commission,
the Commission'
Section 19 subsection (2) ";
Omit the item relating to the Strehlow Research Centre Act
and insert in its stead the following:
"Strehlow Research
Centre Act
Section 16(1) All Words after
'the agreement'
Section 16 subsection (2) "; and
Insert after the item relating to the Therapeutic Goods and
Cosmetics Act the following:
"Trade Development
Zone Act
Section 3
-definition of
'Chairman' the whole definition '"Chairman" includes
the Deputy Chairman
while acting as
Chairman;
'"Chief Executive
Officer" means the
Chief Executive
Officer of the
Authority appointed
under the Public
Sector Employment
and Management
Act;'
- definition of the whole definition '"member" means a
'member' person appointed
under section 5(1),
other than the Chief
Executive Officer if
he or she is
appointed as the
Chairman or as a
member;'
627
Section 5 subsection (1) '(1) Subject to this
Act, the Authority
shall consist of not
less than 3 persons
appointed by the
Minister by notice
in the Gazette,
one of whom shall be
appointed as the
Chairman and another
as the Deputy
Chairman of the
Authority.
'(1A) The Minister
may, in his or her
discretion appoint
the Chief Executive
Officer as a member
and/or the Chairman
of the Authority.'
Section 11(1) 'A member' 'A member (including
the Chief Executive
Officer)'
Section 30 all words before 'In addition to
'persons' employees employed
under the Public
Sector Employment
and Management Act
by the Authority,
the Authority may
employ, on such
terms and conditions
as it thinks fit,
such'".
Bill, as amended, agreed to.
Bill reported with amendments, after debate.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the report was adopted.
On the motion of the Minister for Public Employment (Mr Finch) the Bill was read a third time and passed to be a proposed law.
18. ALTERATION OF ORDER OF BUSINESS:
The Treasurer (Mr Coulter) moved - That Government Business, Order of the Day No.2 relating to the Legal Practitioners Amendment Bill 1993
(Serial 215) be postponed.
Question - put and passed.
19. SUPPLY BILL 1993-94 (Serial 227):
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 -
628
Debate resumed.
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 Treasurer (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
20. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
. Xanana Gusmao, Excerpts, Defence Plea, dated 21 May 1993.
Debate continued.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -
. Handout - "Representing Macdonnell" by Neil Bell, MLA.
Question - put and passed.
The Assembly adjourned at 9.45 p.m. until tomorrow at 10.00 a.m.
====================
ATTENDANCE:
All Members attended the sitting.
629
Last updated: 04 Aug 2016