2014-05-08
Foundation 51 – CLP
Mr VOWLES to CHIEF MINISTER
In Question Time yesterday you said there was no connection between Foundation 51 and the CLP. You stated Foundation 51 has nothing to do with your government, but your denials have been discredited by an e-mail from Graeme Lewis, in which he states:
- I have made the Chief Minister aware of this probability, much to his concern. He and I have on many occasions discussed the matter of the Foundation, and he is well disposed to having the Foundation continue its activity …
Leave granted.
Mr VOWLES: Chief Minister, who is telling the truth, you or Foundation 51 Director, Graeme Lewis? What did you discuss with Mr Lewis on the many occasions he refers to?
ANSWER
Madam Speaker, I thank the member for Johnston for his question. Like a yapping dog, you are barking up the wrong tree, member for Johnston. As I said yesterday and the day before, Foundation 51 is a private company. If you want to ask a question of Foundation 51, ask that company or one of its directors. If you want to ask a question about the party, ask the party, but there are 13 members of parliament here …
Mr GUNNER: A point of order, Madam Speaker! Standing Order 113: relevance. The question goes directly to Mr Giles’ activities as Chief Minister and the conversations he had. He spoke to them; the question goes to him and what he said.
Madam SPEAKER: It is not a point of order. The Chief Minister is answering the question.
Mr GILES: I will go to the response again. Foundation 51 is a private company. There are private directors, as we have seen in the media. If you want to ask a question of Foundation 51, ask the company. If you want information about the party, ask the party.
Mr GUNNER: A point of order, Madam Speaker! Standing Order 113: relevance. The question was about the Chief Minister of the Northern Territory, of this parliament, and what he said.
Madam SPEAKER: It is not a point of order. The Chief Minister has three minutes to answer the question as he sees fit. He is only 20 seconds into it. Chief Minister, you have the call, get to the point.
Mr GILES: I am pretty sure I got to the point. It is a private company and if you have a question for the company, ask it. If you want information about the party, ask the party. There are 13 members here, representing the Northern Territory in ministerial portfolios for all of our electorates, providing governance for the Northern Territory.
Police Stationed Outside Bottle Shops
Mr HIGGINS to MINISTER for POLICE, FIRE and EMERGENCY SERVICES
What successes have police recorded in their recent efforts to place officers outside bottle shops in communities across the Northern Territory?
ANSWER
Madam Speaker, I thank the member for Daly for his question. He is very interested in the success or otherwise of what the government has been doing. He is especially interested in our alcohol mandatory treatment responses, alcohol protection orders, what we are doing through the Attorney-General and some of his responses, and what is happening with the work for prisoners program the Attorney-General is operating.
Around Alice Springs, as an example, temporary beat locations, or TBLs as we call them, have been in operation for some time. Operation Leyland was recently conducted where the temporary beat locations, or police outside bottle shops, operated on a full-time basis when the bottle shops were open. That intensive effort - Operation Leyland – achieved successful results in protecting Territorians from violent assault.
I advise the member for Daly, the Chamber and the Territory that over the period of Operation Leyland, assaults reduced by 54% compared to the same period last year. This is half as many victims of assault as last year and is surely saving many women and men from being victims of domestic violence and sexual assault.
Having police on the door steps of bottle shops can be seen as a different type of measure. It is not something we expect police to be looking forward to when they go into the police academy. All too often police spend too much time attending crime scenes with victims of domestic violence, sexual assault and significant assault. Everyone would like to see that turned around. Prevention is better than cure.
Police at bottle shops is not what people normally expect to see when they come to the Territory, but the feedback from the majority of constituents in Alice Springs has been positive. The level of crime in Central Australia has significantly reduced and, most importantly, women are more protected in Central Australia. I spent some time in the electorate of Katherine a couple of months ago, and Willem and I attended a forum with a number of people in the industry around alcohol prevention, rehabilitation and so forth. They called for more TBLs, so we are rolling it out in Katherine a lot more. I am working closely with the member for Katherine about what other measures we need, and I am in conversation with the Police Commissioner. It has also been rolled out in Tennant Creek, and I am happy to produce those statistics later. The reduction in assaults and violent crime is overwhelming statistically. It is good for Tennant Creek.
I am happy to give you a briefing, member for Barkly, if you would like to know some of the information as well.
Foundation 51 – CLP
Mr VOWLES to CHIEF MINISTER
Yesterday you stated:
- There is no direct connection or legal link between Foundation 51 and the party. How the Blain by-election was funded is a matter for the party.
But an e-mail from slush fund Director, Graeme Lewis, states:
- The Foundation has already contributed significantly towards activities of the Blain by-election. In retrospect - not clever in view of this current interrogation!
Can you confirm the member for Blain received $10 000 during the Blain by-election campaign? Do you honestly expect Territorians to believe you had no knowledge of how your by-election campaign was funded when the fate of your government hung on the outcome?
ANSWER
Madam Speaker, let me give the member for Johnston a lesson. Elections are run by the party. Campaign committees are set up by the party to run elections. How a party operates this is a matter for the party. I said the other day that silly politicians who get involved with money are the same silly politicians who talk about party matters. I am not talking about the party, because the party operates its machinery, not us as politicians. I am not talking about Foundation 51; I have no connection with it. I do not know all of its business.
Mr GUNNER: A point of order, Madam Speaker! Standing Order 113: relevance. Under the Administrative Arrangements Order, the Chief Minister is responsible for the NT Electoral Commission. The NT Electoral Commission is responsible for the proper declaration of activities. You are responsible for whether Foundation 51 properly declares or not. You need to answer the question.
Madam SPEAKER: It is not a point of order. The Chief Minister is only just into the answer.
Mr GILES: The Electoral Commissioner is an independent person. I find it outrageous that you put a slur on the Electoral Commissioner. Bill Shepherd has always done a fantastic job. We now have Mr Loganathan doing it. For you to put a slur on the Electoral Commissioner as being non-independent and saying I direct him is outrageous.
Look at electoral laws, members for Fannie Bay and Johnston. The Electoral Act is clear in that in each party an individual member needs to make a declaration. I do not know the exact date, but the time has not expired as to when the declaration needs to be made, either by the new member for Blain or the party. Wait until those declarations come in, you will see what may or may not be in a declaration.
With any connection with Foundation 51, you need to talk to them or the party. The same way you should be talking to your union mates who put slush funds into Labor about the Stella Maris enquiry, and to Harold Nelson Holdings and what relationship it has with Labor. You should be looking in your own back yard at how the union provided the slush funds to Labor to fund the campaign.
We are open, clear and transparent, and we will provide our returns as per the guidelines under the Electoral Act. We will do what we are supposed to do.
I am not surprised at this line of questioning from the members for Johnston and Fannie Bay. I am a little surprised at the member for Fannie Bay because his faction is over here, and the Leader of the Opposition’s is over there. They seem to have come together on this one and he is dragging himself into the gutter where the Leader of the Opposition normally is. This surprises me a little, coming from the member for Fannie Bay.
I remember the first day of Question Time since the change of government when the Leader of the Opposition slurred the member for Daly during the first question. You are having another crack at a new member. Well done, member for Fannie Bay, you have dragged yourself down instead of dragging yourself up. I am surprised you have done that. I am not surprised at the member for Johnston.
Ms LAWRIE: A point of order, Madam Speaker! Standing Order 113 says:
- An answer shall be succinct, concise and directly relevant to the question.
You still have not answered the question. Do you expect Territorians to believe you had no knowledge of how your by-election was funded?
Madam SPEAKER: Thank you, Opposition Leader. The Chief Minister has finished.
Alcohol Protection Orders – Statistics
Ms FINOCCHIARO to MINISTER for POLICE, FIRE and EMERGENCY SERVICES
Alcohol Protection Orders are among a range of new tools given to police to assist efforts to tackle alcohol-fuelled crime. What trends are police reporting regarding assault statistics since Alcohol Protection Orders came into effect at the end of December?
ANSWER
Madam Speaker, I thank the member for Drysdale for her question. It follows on from the member for Daly’s question where he talked about temporary beat locations and some of the changes we have made in reducing instances of domestic violence, serious assaults and sexual assaults on women, especially where the TBLs are being operated now. They are a mainstay in Alice Springs, and are being rolled out in Tennant Creek, Katherine and, on occasion, in the greater Darwin region.
Almost 1300 people are on an Alcohol Protection Order, banning them from buying, consuming or possessing alcohol or attending licensed premises. These are people who have been charged with committing a crime under the influence of alcohol which attracts a gaol term of six months or more. Next week we are due to release crime statistics for the first quarter that APOs have been in operation. Those statistics, are very encouraging.
I was surprised to walk into the Chamber today and see an MPI on the agenda about a dramatic increase in violent crime in the Northern Territory. We have been advising this Chamber and the Northern Territory for some time that numbers have been going down significantly and we are gaining a lot of traction in some of our interventions and policy reforms. I will go through some statistics to provide some clarity, because you have been talking about our commitment to a 10% reduction in crime.
I will give you a sneak preview of what will come out next week.
Ms Lawrie: Put it out now if you have it.
Mr GILES: Hang on, you asked a question, so I will give you an answer. Territory wide, assaults are down 19% for the quarter. They are down 39% in Tennant Creek, 32% in Alice Springs, 21% in Katherine and almost 13% in Palmerston. The member for Drysdale is very keen to hear those Palmerston figures, much like the new member for Blain and the member for Brennan. It is still early days - I keep saying that - but for three months in a row we have seen substantial reductions in crime and enormous reductions in property crime over more than three months. Assault figures are coming down rapidly, and we think they will continue to do that.
These are not just month on month or year on year figures; we are talking on a quarterly basis. The month on month statistics – I provided one during the previous answer about serious assaults just in Alice Springs - are down a whopping 54%, but these are quarter on quarter, year on year figures. As I said, Territory wide, assaults are down 19%. I said to the member for Barkly during my last answer to a similar question that I would give him a full briefing …
Ms LAWRIE: A point of order, Madam Speaker! Standing Order 256. Could the Chief Minister table the information he is providing to the Assembly?
Madam SPEAKER: Standing Order 256 states:
- A document quoted from by a Member: not being a Minister may be ordered …
He is a minister. It is not a point of order.
Mr GUNNER: A point of order, Madam Speaker! Speaking to the point of order, Standing Order 255 says a document relating to public affairs quoted from by a Minister …
Madam SPEAKER: Thank you. Chief Minister, do you wish to table that document?
Mr GILES: No, Madam Speaker. During the last 10 minutes before I walked into the Chamber I was writing this out for myself so I could give the …
Ms Lawrie: Rubbish.
Mr GILES: It is true.
Ms Lawrie: What are you hiding?
Mr GILES: What am I hiding? You are the person …
Mr TOLLNER: A point of order, Madam Speaker! The Opposition Leader made an unparliamentary comment. I would like her to withdraw it.
Madam SPEAKER: My apologies, member for Fong Lim, I did not hear any untoward remarks.
Mr GILES: As I said, these are fantastic statistics, Territory wide, assaults are down 19% for the quarter year on year. The full statistics will be out next week, and I look forward to ensuring the Territory is aware of how well things are going in the Northern Territory.
Foundation 51 – CLP
Mr McCARTHY to CHIEF MINISTER
Chief Minister, on Tuesday in the House you stated:
- We have an open and transparent process and, when we get to election, people hold us to account for the decisions we have made …
Given we now know that you regularly spoke to Graeme Lewis about the operations of Foundation 51, can you explain to the House what he meant when he said, referring to you:
- … he is well disposed to having the Foundation continue its activity, with the wall between the entities currently, fixed in place.
If there is no legal connection between Foundation 51 and the CLP as you claim, why would there be the need for a wall in place?
ANSWER
Madam Speaker, I will go to the same answers I have already given. Firstly, I will not accept the premise of the question, particularly the first half of it. For the second component, Foundation 51 is a private company, as I have said before. If you want to ask them questions, ask them; if you want to ask Graeme Lewis, the director, ask Graham Lewis. It is none of my business what they do, they run their own operations. If you want to ask a question about the party, ask a question about the party.
Education Investment
Ms FINOCCHIARO to TREASURER
Can the Treasurer confirm if his budget will deliver investments in our schools and the education system that will help secure our children’s future?
ANSWER
Madam Speaker, I thank the member of Drysdale for her question. As a Palmerston member of parliament she is very interested in education, because it is a very fast-growing city and has growing pains keeping up with demand.
It is a good question. To secure our children’s future we need a good education system to deliver bright and confident young Territorians equipped with knowledge and skills to participate in northern Australian development.
Before I talk about the budget, there is a fundamental difference between this government and the previous government, in that we are focused on outcomes. We are not necessarily focused on spending the money. That was the case with the previous government, where we saw money going more and more into education, but outcomes getting poorer. I pay tribute to our Education minister for his courage in changing that direction. He has done it against a lot of resistance from the other side.
In relation to Palmerston, the budget continues to recognise the importance of school infrastructure, and there is in excess of $100m in educational facilities, specifically in Palmerston: $37m for the next two stages of the preschool and primary school in Zuccoli; $1.2m for expanding preschool facilities at Rosebery; and $20m for a new special school in Bellamack.
The Country Liberals have always been at the forefront of delivering education facilities where needed, and this budget will be no different. We have a very proud tradition in that area.
As well as investing in bricks and mortar, we are backing parents and securing our children’s future with assistance and increasing the popular Sport Voucher Scheme by an additional $5m. That equates to going up from $75 to $200. I thank the member for Greatorex, the Sports minister, for his great efforts in that regard.
This initiative will ease the burden on families and allow more activities. We have now included dance, music lessons, the arts, cultural pursuits and swimming lessons.
This government is focused on better education outcomes, supporting families and securing our children’s future.
Madam SPEAKER: Minister, your time has expired.
Graeme Lewis –
Appointments to Publicly Funded Boards
Appointments to Publicly Funded Boards
Mr McCARTHY to CHIEF MINISTER
Mr Graeme Lewis is one of the dozens of former CLP ministers, MLAs, CLP Central Council members, ministerial advisors and failed candidates appointed by your government to lucrative taxpayer-funded positions.
Mr Lewis sits with you on the CLP Central Council and is director of the CLP slush fund, Foundation 51. Your CLP government has appointed Mr Lewis to lucrative taxpayer-funded positions, including Chairman of the Land Development Corporation Board, Chairman of Darwin Waterfront Corporation Board, and member of the Hospital Network Governing Council – lucrative and important positions.
Given the clear conflict of interest between his role on these entities and his CLP fundraising activities as a director of Foundation 51, will you terminate Mr Lewis’ appointment to the publicly funded boards and councils?
ANSWER
Madam Speaker, I do not accept the premise of the question. We make chair appointments on a range of boards across the Northern Territory for a range of functional activities. While we sit in Cabinet we analyse many different individual skills and abilities to fulfil board positions. There have been a few decisions made where Graeme Lewis has become part of representing some of those boards and activities, which you have run through a few of. We have full confidence that he fulfils those jobs, whether it is at the LDC, the Waterfront Corporation or within the health sector.
In regard to your innuendo and slur about slush funds, we are not talking about Foundation 51. It is a private company. We do not understand its operation and it can answer questions on that. Any questions about the party can be answered by the party.
If you want to look internally at what happens on the Labor side, look at what happened with Stella Maris and how you handed over a $3m government asset for nix, nothing, nada. Look at Harold Nelson Holdings and where the slush fund of Labor is. Look at the union money that came in.
You are very keen to talk about the Blain by-election. Let us talk about the role of the ETU and the Queensland thugs you flew in to belittle the helpers we had during the election, how you threatened old ladies - the ETU and their representatives threatened old ladies so they feared for their lives. Look in your own back yard at the thuggery and wish-wash of money that comes from the unions through the Labor Party ...
Ms LAWRIE: A point of order, Madam Speaker! Standing order 113: relevance. It was a direct question about the number of boards and lucrative remuneration given to Graeme Lewis by you, Chief Minister. Given his role in the slush fund …
Madam SPEAKER: No, that is not a point of order. That was not the question either. Sit down.
Political Donations
Ms ANDERSON to DEPUTY CHIEF MINISTER
Can you confirm or deny that you, or any other member of your family, de facto or otherwise, including staff appointed by you, have active bank accounts either abroad or in Australia that have received funds, directly or indirectly, from any individuals or companies doing business in the Northern Territory or with the Northern Territory government?
Madam SPEAKER: Member for Namatjira, the question is ruled out of order. It is not about public affairs and it is not about any area of responsibility of the Deputy Chief Minister.
Distance Education
Mr BARRETT to MINISTER for EDUCATION
This morning you made an important announcement about how Budget 2014-15 will support distance education in the Northern Territory. Can you please update the House on how the Country Liberals government is acting in this area, not simply talking?
ANSWER
Madam Speaker, I thank the member for Blain, who shows an interest in education no matter where students live in the Northern Territory. The new NTOEC will be constructed at Darwin High School. It has been a vision of this government, unlike the previous government which may have had a vision but never backed it up after years of talking about it, much like everything else it does.
Unlike Labor, we are building it. There is money in this year’s budget: $11.6m for construction and a further $3m for fit out, taking the total spend to almost $15m.
Proud to partner with INPEX, there is $3m towards the construction. INPEX has keen interest in supporting education in the Territory. It has also helped with Larrakia Trade Training Centre and Charles Darwin University’s Northern Australian Centre for Oil and Gas, great partners of this government.
NTOEC will be co-located at a full service senior school for the first time, offering improved capacity and diversity of service, educating more kids with more subjects. For the first time it will be an integrated system between a high school and the NTOEC.
The facilities will be world-class. A working group will study Australia’s best practice in learning, which fits well with building the Territory as an international hub for education and training. There will also be a push for northern Australian development, which will strengthen our links with Asia. Last year I had the opportunity to visit Timor-Leste. The Education department in Timor-Leste is interested in our NTOEC and how we in the Territory could help students in Timor-Leste, like how we can help students across the Northern Territory. Unlike the members opposite, who want to rubbish education in the Northern Territory continually, we are getting on and educating children. For the first time we are performing miracles and moving mountains in education to change the direction and get it away from the illusions of members of the former Labor government, where they think they were making a difference in education.
The Opposition Leader, Delia Lawrie told Mix 104.9 presenter, Pete Davies, that hundreds of kids graduated in their own communities at Year 12 because of Labor’s policies. What rot! There were eight last year under your model, out of a possible 500. This is a success according to you.
The other week in Canberra, having the opportunity to speak about the Indigenous Education Review with my colleagues interstate, including Labor ministers, they were amazed. I wish these guys could get on board.
Judicial Officers – Conduct
Mr GUNNER for CHIEF MINISTER referred to ATTORNEY-GENERAL and MINISTER for JUSTICE
I refer to your answer in the Assembly yesterday, where you applauded magistrate Peter Maley for exercising his right to support a political party, namely the CLP, in much the same way as someone would support a football team. Do you accept you are at odds with the Council of Chief Justices of Australia and its guide to judicial conduct, which covers all judicial officers, including magistrates? It states:
- … that a judge be, and be seen to be, independent of all sources of power or influence in society …
What does it say about the administration of justice in the Territory when a magistrate hands out how-to-vote cards for the CLP, donates to the CLP and is a director of a CLP slush fund?
ANSWER
Madam Speaker, I thank the member for Fannie Bay for his question. It is good to see - for those watching parliament today - the difference between both sides of the Chamber. On our side of the Chamber we have been talking about programs, policies and successes in things we do. On the other side of the Chamber they have been trying to make personal attacks on individuals from within the Northern Territory.
Ms Lawrie: Holding you to account.
Mr GILES: It is not about holding anyone on this side of the Chamber to account, because you are talking about a private company and party matters which are not inside this Chamber or government.
Mr GUNNER: A point of order, Madam Speaker! I refer to the judicial conduct guide for all judges and magistrates, which says magistrates must be seen to be independent of all sources of power and influence in society. Can the Chief Minister answer the question about what this says about administration of justice in the Territory?
Madam SPEAKER: Thank you, member for Fannie Bay. Chief Minister, if you could get to the point.
Mr GILES: Given that you are talking about a magistrate in the Northern Territory and trying to slur Peter Maley, I might hand the question to the Attorney-General, who has responsibility for magistrates.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, High Court Justice, Lionel Murphy, was a former member of the Whitlam government. He was appointed by Whitlam, if memory serves me, to the High Court of Australia. He served with distinction in the High Court of Australia for 11 years.
This is a small community and I had an opportunity to draw attention to potential links between other appointments, but I chose not to when I was the shadow minister. This was because of my respect for the integrity of those people on the bench, and I continue to respect them. I continue to respect all people on the bench because I understand this is a small community.
All sorts of assertions can be made in a small community about contact between people, because people are friends. Mr Maley is a personal friend of mine and for that reason I removed myself from his selection process in the way that I did. Nevertheless, he remains a personal friend. That is the nature of a small community. We are unembarrassed about making appointments to the bench of people who are eminently qualified to take up those positions. What members opposite naturally suggest through this process is that if you have a link with any political party or association in any group, you should not be appointed. You should be penalised for being part of …
Mr GUNNER: A point of order, Madam Speaker! Standing Order 113: relevance. The Attorney-General has not explained how handing out how-to-vote cards makes him independent of all sources of power. That happened after the appointment.
Mr ELFERINK: In your hand is a guide, not law. What I am saying is that …
As far as we are concerned, this is a small community, and as a consequence we are satisfied. I am sure Mr Maley is fully aware of the rule in Ebner and would disqualify accordingly.
Madam SPEAKER: Minister, your time has expired.
Affordable Homes in Central Australia
Mr HIGGINS to MINISTER for HOUSING
The Country Liberals government is increasing the supply of affordable housing for all Territorians, including those living in Central Australia. Can you please explain to the House how this government is looking after families in Central Australia and ensuring they can purchase their dream homes?
ANSWER
Madam Speaker, I thank the member for Barkly for his question - I beg your pardon - I wish the member for Barkly would ask a question on Central Australia, we are yet to see that. I thank the member for Daly for his question because it focuses on policy and an important part of this government’s agenda. It is about growing the Northern Territory and investing in Central Australia. Unlike Labor, we are not neglecting Central Australia. There was 11 years of neglect by the previous government, and we know it all too well, especially those of us who were there during the 11 long years of Labor government. What is deeply disturbing, if 11 long years of Labor neglect of Central Australia was not enough, is that the architect of neglect is now the shadow minister for Central Australia, of which I am …
Mr Vowles: Are you providing more housing or selling it off?
Mr McCarthy: Did you get my letter about Anzac oval?
Madam SPEAKER: Member for Barkly!
Mr CONLAN: You do not care about Central Australia, member for Barkly. You were dumped from the Central Australia portfolio. It was handed to the architect of 11 years of neglect, the member for Karama, and yet she has failed to stand up and ask a question about Central Australia.
It is a fantastic initiative and it is providing wonderful homebuyer opportunities for those people in Central Australia, after 11 years of neglect. I know you do not like good news, but this is a fantastic story. We are focused on policy and developing Central Australia, and providing great governance and leadership for the people of the Northern Territory. If you do not like it, that is fine. This is your forum to carp, whinge and moan and do everything you do so well. You are a wonderful opposition and I wish you a long reign in opposition for many years to come.
Judicial Impartiality
Mr GUNNER to CHIEF MINISTER referred to ATTORNEY-GENERAL and MINISTER for JUSTICE
Magistrate Peter Maley, appointed by your government, is duty bound to act independently whenever the Crown thinks to prosecute alleged offenders before him. The Chief Justice of Australia says he needs to be, and be seen to be, independent. In the NT, the CLP government is, for all intents and purposes, the Crown when prosecutions are brought forth. We know that Magistrate Maley campaigned for the member for Blain as a former CLP politician, and ASIC records show he is a director of the CLP slush fund, Foundation 51.
How can he be perceived to be acting impartially whenever the Crown brings a case before him? What does his affiliation with the CLP say about the administration of justice within the Northern Territory? Do you agree that the separation of powers is fundamental to the administration of justice in the Northern Territory?
ANSWER
Madam Speaker, I will be handing this question over to the Attorney-General for the answer, but within your question you have provided a slur on the judicial system and those people who operate within the judicial system of the Northern Territory. You should go through Hansard, look at your question and ask your colleagues to look at the tone of your question. I think you provided a slur on those people, but I will hand over to the Attorney-General.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I pick up on the comment he made about the separation of powers in our system. The only thing a government has to do with the judiciary, whether it is appointing a magistrate or alternatively appointing a Supreme Court justice, is go through the process of vetting potential applicants. Then that matter is taken to Cabinet. Then, with counsel from the Administrator, an appointment is made.
At that point, government no longer has any involvement as to what that person does or how they conduct themselves on the bench. This is the fundamental core of the idea of the separation of powers. If there is an issue arising out of the document that the member of the opposition is referring to, that is an issue for the courts to deal with. To suggest that I, or any other member of this House, should waltz over to the courthouse and start directing, in some fashion or another, how the courts should operate is a matter which would amount to a breach of the separation of powers. The Chief Justice of the Northern Territory, alternatively, the Chief Magistrate of the Northern Territory, would correctly show me the door forthwith.
Ms LAWRIE: A point of order, Madam Speaker! Standing Order 113: relevance. The question was do you agree that the separation of powers is fundamental to the administration of justice in the Territory, and what does his affiliation campaigning say about the administration of justice?
Madam SPEAKER: It is not a point of order. The Attorney-General is answering the question.
Mr ELFERINK: I am explaining why the separation of power is so important and why we respect it as much as we do. This is not a matter for government. It is not a …
Ms Lawrie: You do not respect it, he is campaigning for the CLP.
Madam SPEAKER: Opposition Leader, I have asked you to cease interjecting.
Mr ELFERINK: … matter for the parliament. It is now a matter for consideration among the judiciary. If they draw some inference from conduct of one of their own members, it is up to them to deal with it. There are only two reasons why a parliament or a government could seek to remove …
Ms Lawrie: Unheard of.
_______________________
Suspension of Member
Member for Karama
Suspension of Member
Member for Karama
Madam SPEAKER: Opposition Leader, I have asked you a couple of times to cease interjecting and you have not done so. Leave the Chamber for one hour, pursuant to Standing Order 240A.
_______________________
Mr ELFERINK: … and that is because of some proven incapacity to continue sitting on the bench due to health or similar reasons. I am not aware of any parliament in the history of Australia having to get to that point, and I am sure the judiciary, which is separate from the government or the parliament, will deal with these issues as they see fit.
Madam SPEAKER: Minister, your time has expired.
Darwin Correctional Precinct
Mr BARRETT to MINISTER for CORRECTIONAL SERVICES
Can you please provide the House with an update on the progress of the Darwin Correctional Precinct?
ANSWER
Madam Speaker, it is with some irritation I speak about this matter, because, up until two weeks ago, SeNTinel continued to assure the Northern Territory government the keys to the new correctional facility would be handed over on 1 July. I relied, as government did, on those assurances. It appears a number of delays have arisen out of construction of the new Darwin Correctional Precinct. I place on the record my irritation and deep annoyance with these delays, and moreover, not having it communicated to the Northern Territory government earlier.
I have had growing concerns, as I have seen this building rolled out, that the 1 July deadline was in trouble, but the assurances kept coming that everything was fine. Now it is not. There are potential delays which could be one to two months. SeNTinel is not able to give us an exact figure and I find that frustrating.
As a result, the terms of the contract have two penalties that relate to failure to deliver. The first clause deals with the fact we will not make any lease payments for a building we have no occupation of and we will be applying that clause. The second component is that any damage incurred by the Northern Territory government will be taken out of future lease payments, and that clause will also be invoked.
The Northern Territory will suffer costs as a result of this delayed handover, and those costs will include the continued running of Darwin Correctional Centre at Berrimah. We will invoke those sections of the contract to make sure the Territory taxpayer is not out of pocket by one jot. I am disappointed in this result and with the late advice from SeNTinel to government that it was running late in this area. But we will make sure the Northern Territory recovers all costs and does not pay one cent until we have possession of that facility.
Foundation 51 – CLP
Mr McCARTHY to CHIEF MINISTER
Recently we saw Barry O’Farrell resign as Premier of New South Wales because he received a bottle of wine from a well-known Liberal Party fundraiser. This week you have repeatedly denied any knowledge of the activities of the CLP slush fund, Foundation 51. E-mails recently tabled in this Assembly make it clear you have lied to Territorians and lied to his House ...
Mr ELFERINK: A point of order, Madam Speaker! He knows the rules. He cannot make that allegation unless it is a substantive motion, which I am sure it will be in about one second.
Madam SPEAKER: Please take that on board, member for Barkly.
SUSPENSION OF STANDING ORDERS
Move Proposed Motion of Censure
Move Proposed Motion of Censure
Mr McCARTHY (Barkly): Madam Speaker, I move that so much of standing orders be suspended as would prevent this House from censuring the Chief Minister for:
lying to this parliament and to Territorians about his knowledge of the CLP slush fund, Foundation 51
lying to this parliament and to Territorians about the relationship between the CLP and Foundation 51
refusing to come clean about his knowledge and involvement in the CLP slush fund, Foundation 51, despite clear evidence of numerous conversations with one of the funds directors, Graeme Lewis
attempting to cover up his lies by refusing to have a full and public inquiry into the activities of CLP slush fund, Foundation 51
arrogantly refusing to send a referral to the Legal and Constitutional Affairs Committee to find the best way to establish a corruption commission to ensure transparency in the political donation system in the Northern Territory.
Mr ELFERINK (Leader of Government Business): Madam Speaker, whilst this is not strictly in line with standing orders - you censure governments, not individual ministers - we will accept the censure for the purposes of getting on with this.
I ask that further questions be placed on the Written Question Paper.
Last updated: 09 Aug 2016