Department of the Legislative Assembly, Northern Territory Government

2004-08-18

Warren Anderson – Legal Proceedings

Mr MILLS to CHIEF MINISTER

On 11 August, when asked by the media, ‘Why did the government go ahead with its case against Warren Anderson when there was clearly no case in the first place?’ you said:
    Look, there was a case against Warren Anderson and we haven’t been able to prove that in the court but it doesn’t mean there wasn’t ... technicalities of the court make no difference ...

Chief Minister, do you still refuse to accept the evidence given in court, and maintain there was a case against Warren Anderson?

Madam SPEAKER: Before you answer, Chief Minister, I remind members that a civil suit has been listed in the Western Australian courts and, although the dates have not been set, once listed, the sub judice rule does apply. I caution members to be mindful of this in this debate.

ANSWER

Madam Speaker, I am very aware of what you have said. Considering the legal situation surrounding this particular case, I do not wish to make any further comment at this stage, quite properly guided by my legal advice - the legal advice of government. At this stage, I am best advised not to make any comment on this issue.
Initiatives to Protect Territory Environment and Lifestyle

Mr KIELY to CHIEF MINISTER

Can the Chief Minister outline for the House initiatives that are being put in place to help protect our unique environment and lifestyle?

ANSWER

Madam Speaker, I thank the member for Sanderson, because the issue of protecting the Territory’s environment is an important question and one that is at the heart of this government. When talking about our gas strategy yesterday in the very important statement that we brought into the House, I made it very clear that, on one hand, jobs and enterprise development for the Territory are critical for our future, but it must balance with our social and environmental responsibilities.

The Territory, proudly, has a pristine environment. All of us should be very proud of our clean, green credentials. Protecting our environment is something this government takes very seriously. For example, in this year, 2004-05, we will be spending $90m on environment, conservation and natural resource management - $90m, a very significant sum.

Since we have been in government - and I note it is three years today - we have strengthened the Environmental Assessment Act and now, finally, the Territory has been accredited by the Commonwealth to meet national best practice, an important achievement for the Territory. We have also established an independent Office of Environment and Heritage, and within that office there are five new positions …

Mr Baldwin: What is independent about it? It is the same office.

Ms MARTIN: It is interesting that the member for Daly is not interested in this. Protecting the environment is a very serious issue, but all we hear is carping - carping at hearing that there are five new positions in the Office of Heritage and Environment. Two of those positions are additional in monitoring compliance with environmental standards for the numerous developments that are taking place around the Territory and also, very importantly, for managing and protecting the environment, working in partnership with our community.

This financial year, there is $1m available in environmental grants to our community groups. That is a real hallmark of this government that we are working in partnership in these important areas with our community. We are spending money, we are giving commitment, and it certainly is for the Territory - an investment for our future.

However, we also have to protect our environment from external threats. If you wanted to look at what is a key and current example of one those external threats, it is the Country Liberal Party’s invitation to the federal government to consider the Territory as a site for a national nuclear waste dump …

Members interjecting.

Ms MARTIN: A national nuclear waste dump. This was reinforced again this morning by the member for Brennan - absolutely reinforced - critical of the introduction here this morning of legislation to stop us being a site for other people’s nuclear waste from the states and the Commonwealth government. The Country Liberal Party has called the legislation - the strongest measure that Territory can take - a meaningless political stunt.

Members interjecting.

Mr DUNHAM: A point of order, Madam Speaker! I ask for your ruling under Standing Order 68. It would appear that this matter is on the Notice Paper for debate.

Madam SPEAKER: This is an answer to a question and we have had questions before when we have had …

Mr Dunham: Petty, childish.

Members interjecting.

Madam SPEAKER: Order, thank you. There is no point of order.

Ms MARTIN: I will quickly address this issue. A ‘meaningless political stunt’ is the way the opposition has described this legislation - the strongest statement we can make. Part of the excuse for not supporting it is to say that the federal government can overturn it. The same rationale would apply to every piece of our legislation. Why do we bother? We stand up for the Territory. We are putting this legislation in place. It is all very well to come into this place and say: ‘As the CLP we are proud Territorians’. They are just words. You will be measured by your actions. Support this legislation and say no to the federal government in any consideration that the Territory should be the site for a national nuclear waste dump.
Warren Anderson – Provision of Feed for Animals

Mr MILLS to CHIEF MINISTER

There was no case against Warren Anderson, yet you told media, on Wednesday, 11 August: ‘… there was a case against Warren Anderson and we haven’t been able to prove that in the court but it doesn’t mean there wasn’t. He was not feeding his animals’. Do you still maintain Warren Anderson was not feeding his animals?

ANSWER

Madam Speaker, my response is the same as to the previous question. On legal advice, because of the litigation taking place over this issue, as you yourself said, listed in the Supreme Court of Western Australia, my legal advice is to make no comment at this stage on this issue. I will say the same thing to any future questions you have on this issue.

Members interjecting.

Madam SPEAKER: Let me reiterate that matters before a civil or criminal court should not be referred to from the time they are set down for trial or otherwise brought before the court and, similarly, the restrictions should again be applied from the time an appeal is lodged until the appeal is decided. I caution you in any remarks you make …

Dr Lim: It was all right yesterday.

Madam SPEAKER: Excuse me, member for Greatorex. I caution you again on the remarks you would make on this matter.
Owston Nominees - Legal Proceedings

Mr WOOD to MINISTER for COMMUNITY DEVELOPMENT

Why did prosecutors drop animal neglect and other charges against Warren Anderson’s company, Owston Nominees? How much did these failed legal proceedings – this is not a legal question – cost Territory taxpayers?

Dr Lim: Are you going to hide behind sub judice, too, are you?

Madam SPEAKER: Member for Greatorex!

ANSWER

Well, he has to speak up now and then, Madam Speaker, because he is useless as the Deputy Leader of the Opposition.

Members interjecting.

Madam SPEAKER: Minister, please get on with your answer.

Mr AH KIT: Yes, well, they are so provocative, Madam Speaker.

As a result of information received from the manager of Tipperary Wildlife Sanctuary last October, a government-employed …

Mr Baldwin: Mr Freeman.

Mr AH KIT: Well, listen up! This is serious.

Mr Baldwin: I know what the script says.

Mr AH KIT: A government-employed veterinarian and an animal welfare officer investigated the supply of food to the animals at the sanctuary. The officer reported that there were insufficient quantities of food available to feed the animals at the time of his inspection. The matter was brought to the attention of the Animal Welfare Authority. Feed was supplied to the sanctuary by the government during the period from 10 October 2003 to 11 November 2003 - 112.68 tonnes of hay were provided at a total cost of $29 211.60. A further order for pellets was made on 22 October 2003 at a cost of $1320.

Letters were sent to the owners of the animals on two occasions - 16 October 2003 and 21 October 2003 - seeking immediate action to address the situation. The owners did not provide feed for the animals. As a consequence of the investigation into the information given by the manager, referred to above, and because there were insufficient quantities of food on hand when the Animal Welfare Officer inspected the sanctuary, legal advice was obtained as to whether prosecution action was appropriate.

The solicitors advising the government sought the advice of independent counsel. Charges were laid consistent with that advice. Due to the complexity of the case, one of the country’s leading prosecutors with experience in similar matters, a senior counsel of the Sydney Bar, was engaged to lead the prosecution on behalf of the Animal Welfare Authority.

After speaking to the authority’s witnesses, the senior counsel advised that the case was based on reasonable grounds and that, in her view, there was a clear case to answer. During the hearing of the charges, which commenced last April, the key witness for the prosecution underwent a lengthy and probing cross-examination by counsel representing the defendant. The cross-examination and re-examination of the witness was completed on 4 August 2004, when the case resumed after an adjournment.

At the conclusion of the evidence of the key witness, the advice of senior counsel and the other lawyers representing the authority – representing the authority – was that a finding of guilt was unlikely. Acting on that advice, the Animal Welfare Authority promptly withdrew the charges. The company made no application to the court for its costs. The matter was launched in the public interest and, when it became clear that the prosecution was not likely to lead to a conviction, it was dropped - again in the public interest.

It is not yet possible to provide a final figure of the cost of pursuing this case. Invoices totalling around some $120 000 have been paid. There are some yet to be received. The owner of the animals, Owston Nominees No 2, was invoiced and all accounts appear to have been settled as of 10 March 2004.

Madam Speaker, enforcement of the Animal Welfare Act requires that the owners and carers of animals take their responsibility seriously. Where owners appear not to take that responsibility seriously, it is incumbent on those responsible for the administration of the act to take action.
HomeNorth Scheme

Mr BONSON to MINISTER for HOUSING

In July, the minister launched a revamped HomeNorth package that will support Territory families to get ahead. Can the minister please inform the House of the response by Territorians to this scheme?

ANSWER

Madam Speaker, I thank the member for Millner for his question. When I announced the renewed approach to home loans in the Territory in June, I informed the House that we were targetting 250 HomeNorth assisted loans in the current financial year. I am pleased to report that we are well on the way. Up to close of business last Wednesday, just six working weeks into the new scheme, minus a couple of public holidays, there have been 70 loans approved in principle.

Dr Lim: How many in Alice Springs?

Mr AH KIT: Well, just wait. Trying to look important, just wait.

There have been 70 loans approved in principle, of which 32 have received final approval. On final approvals, this will represent loans of over $10m. We are making it easier for Territorians to own their own patch of the Territory. This is fantastic news for those home buyers and the Northern Territory economy. In just six weeks, hundreds of Territorians are giving home ownership a go, and this will do much to promote social stability in the Territory.

On top of that, there have been two loans fully funded, both, I am sure you will be pleased to hear, Madam Speaker, in Alice Springs, which are first home owners.

Dr Lim: Two out of 60.

Mr AH KIT: Well, what do you want me to do, go round with a gun and force them to go in there?

Members interjecting.

Mr AH KIT: Do not be so stupid. Do not be such an idiot. Sorry, Madam Speaker.
Indeed, the regional response to the new HomeNorth scheme has been heartening for someone like me, who is so committed to the regions. The two dwellings already purchased in the Alice total $343 000, for an existing house and a unit. Nine additional loans have been approved for Alice Springs, at a total of $1.48m, plus a Territory housing share of $296 000.

On top of this, some 12 loans totalling $1.74m have received final approval in Palmerston; four in the Northern Suburbs of Darwin totalling over $.5m; and six in the Darwin area totalling $840 000. There has been one final approval in Katherine. Of the final approvals, seven have been for unit purchases and 25 for houses.

There have also been 53 fee assistance loans totalling $308 000, at an average of $5800 per house. These interest-free loans meet up-front costs, and also allow the home owner up to $1500 to purchase whitegoods. I am informed that 94% of new HomeNorth clients have been taking up the whitegoods loan. This, in itself, will be a great boost to the retail industry supplying new homes with the basic amenities.

Of the 32 final approved loans, 26 are first home buyers, and six have previously owned dwellings. This latter group have now been able to re-enter the housing market, which they might not have been able to under the previous restricted scheme.

It is early days yet. The dramatic successes of the first six weeks, no doubt in part, represents pent-up demand for loan-assisted housing. However, it has been well worth waiting for. We should be wary about extrapolating from this short run of figures, but there is no doubt we are well on the way.

Home ownership is now more accessible for Territorians. Each of these loans represents the hopes and dreams of Territorians wanting to establish a permanent home for themselves and their families. At 42%, we have the lowest home ownership rate in the nation …

Mr Baldwin: Just distribute the papers and we will read them.

Mr AH KIT: HomeNorth is about turning that statistic around and moving

Madam SPEAKER: This is very long, minister. Wind up, please.

Members interjecting.

Mr Baldwin: Just table the briefing.

Mr AH KIT: Madam Speaker, the former minister …

Mr Baldwin: We can read them for ourselves.

Mr AH KIT: The former minister, while he is now on that side of the parliament …

Madam SPEAKER: Just continue your answer, minister.

Members interjecting.

Mr Mills: Get on with it.

Mr AH KIT: Well, you want to interject. 42% is another legacy that you left behind in regards to the home ownership scheme …

Madam SPEAKER: Minister, I have spoken to you. Please wind up quickly.

Mr AH KIT: Madam Speaker, at 42%, we have the lowest home ownership rate in the nation. HomeNorth is about turning that statistic around and moving the Territory ahead.
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Distinguished Visitor

Madam SPEAKER: Honourable members, I acknowledge the presence in the gallery of the former Speaker of the Northern Territory parliament and member for Goyder, Mr Terry McCarthy. On behalf of all members, I extend a warm welcome.

Members: Hear, hear!
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Owston Nominees - Legal Proceedings

Mr MILLS to CHIEF MINISTER

Before asking this question, I have been advised that there are no legal proceedings against the Chief Minister. As my question relates to comments which the Chief Minister has made publicly, I wish to proceed. On 11 August 2004, you had this to say about your failed prosecution against Owston Nominees and Warren Anderson:
    I am disappointed we didn’t win but it certainly doesn’t stop us making Warren Anderson accountable for the substantial animals he has.

And:
    Look, there was a case against Warren Anderson and we haven’t been able to prove that in the court but it doesn’t mean there wasn’t. He was not feeding his animals; government had to step in and technicalities of the court make no difference to that ...

Warren Anderson is an innocent man. Will you apologise for these defamatory comments against him?

ANSWER

Madam Speaker, my previous answer is pertinent. To have the Opposition Leader give me legal advice - as what? A qualified lawyer? Are you a qualified lawyer? For the ignorance of the Opposition Leader to come in here and say to me, when there is the threat of litigation …

Members interjecting.

Madam SPEAKER: Order!

Ms MARTIN: The Opposition Leader asked, in his usual loud rhetoric, a question and postulated, as usual, and offered me legal advice that he is now saying I should take. If I have to take legal advice from the Opposition Leader, I may as well just leave the job and give up for being incompetent. I have taken proper legal advice, and my legal advice is, because of the circumstances facing us in terms of the litigation surrounding this case, to make no further comment at this stage. That is the legal advice I am taking - from experts.
Undergrounding of Power in Darwin

Mrs AAGAARD to MINISTER for ESSENTIAL SERVICES

The Martin Labor government is undergrounding the power in the older suburbs of Darwin and has started in my electorate of Nightcliff, as we committed to during the last election. May I say that today is actually the anniversary of that election. Can you advise the House of the progress of the undergrounding power project and the benefits that are flowing to Territory business and residents?

ANSWER

Madam Speaker, work is well under way on the first stage of this great project as part of this government’s plan to keep the Territory moving ahead. The first section, comprising approximately 329 properties, will be fully connected to underground power by the end of November. This represents about 30% to 40% of the residences that are proposed for this undergrounding project.

The overhead poles will come down in this particular area in November and December. At present, subcontractors are laying around 300 m of underground conduit and concrete footpath per week. Due to the construction methodology, it is anticipated that rain will not greatly affect the overall progress of this project.

The second area of Nightcliff is planned to be complete by June next year, so that the entire area between the harbour and Nightcliff Road will be underground at that stage.

To date, contracts to the value of $3.5m have been awarded to local Territory businesses for labour and materials associated with the project - another boost for our local contractors. The total project to underground Darwin’s cyclone-prone residential networks will result in over 9000 lots and some 30 000 residents, or 16 000 customers, having their overhead powerlines replaced with reliable and safe underground lines.

Mr BALDWIN: A point of order, Madam Speaker! If ministers are going to keep insisting on reading their answers to questions that are supposed to be without notice, under the standing orders, I ask that you ask the ministers to table their responses.

Madam SPEAKER: There is no point of order. I agree with you that some of our answers are very lengthy. Therefore, minister, could you please be concise with your answer.

Dr BURNS: Madam Speaker, I will get into the meaty bit now, because this government initiative is in sad contrast to the opposition, who have opposed this project from day one. Let me quote the member for Drysdale. I am reading from the Parliamentary Record of Tuesday, 23 October 2001. He said …

Mr Burke: Tell us why there are no telephone lines out at the railway station, minister. Tell us something important rather than history.

Madam SPEAKER: Member for Brennan, order!

Dr BURNS: This is quoting from the member for Drysdale:
    I can tell you the Power and Water Authority would not present me …’

He was a former minister:
    … with a works list that had Dundee Beach right up the top, nor the undergrounding of power in the leafy northern suburbs.

Mr Dunham: Is that right or wrong?

Dr BURNS: Well, you might protest …

Mr Dunham: That is right.

Dr BURNS: You might protest, member for Drysdale …

Mr Dunham: That is right, and that is why you have the …

Dr BURNS: Where do you live? Do you have underground power? Yes, you have underground power where you live at Leanyer, and you are being a dog in the manger not wanting other residences in the Northern Territory and in Darwin to have underground power. You are a selfish man.

Members interjecting.

Dr BURNS: The member for Brennan is on this list as well. On 25 July 2002, he told ABC radio:
    I’d scrap the undergrounding power straight off and I am quite happy to face the electors of the northern suburbs and explain to them that, in a growing Territory economy, we have to look at our sense of priorities.

Well, I suppose he is no longer Opposition Leader; he does not have to face the electors of Nightcliff and beyond. That falls to the member for Blain. However, they are clearly on the record opposing this particular project. Similarly, the member for Daly, on ABC radio, 7 August 2002 said:
    And that’s what I’m saying - at the end of the day there are higher priorities.

Well, member for Daly, we are doing Wooliana Road as well, so we have that on our priority list. Then the present Opposition Leader himself said:
    Well, the Northern Territory government has clearly made a political decision to underground power in Nightcliff. Now I think they would need to stand up to the residents of Nightcliff and explain the situation, and it may have to be phased in over a longer period.

No longer period. I have reported good progress on this particular project, and I just say to the opposition: stop knocking and being negative. This is a great project, get behind it.

Mr Dunham: Oh, you are such a clever man. Oh, my God! What a researcher!

Mr Burke: Why don’t you try governing the Northern Territory, rather than rattling on.

Madam SPEAKER: Members for Brennan and Drysdale, would you try to control your interjections.

Mr Dunham: Me, Madam Speaker? He was being provocative to me, called me rude names; called me a dog.

Madam SPEAKER: Do not back answer me. You are on a warning.

Mr Dunham: I apologise, Madam Speaker. I should be used to it by now.

Mr Stirling: Get back on the blue pills.

Members interjecting.

Mr Dunham: They will work on you. The veins on the head – the red veins. You have a number you can ring now that tells you …

Madam SPEAKER: Member for Drysdale!

Mr Dunham: He is being provocative, Madam Speaker.

Madam SPEAKER: You are being very provocative. My patience is wearing out.
Animal Welfare - Minister’s Involvement

Mr ELFERINK to MINISTER for COMMUNITY DEVELOPMENT

Minister, when a starving horse was found on your block in Katherine, no action was taken against your tenant for starving the animal. Why did you not pursue that matter as vigorously as the case against Warren Anderson when, by your own media release on 9 November 2003, you find starving animals a matter of personal distress?

ANSWER

And I do. Madam Speaker, I welcome the question from the member for Macdonnell. When it came to my notice, I was in Sydney. There was a journalist who had heard about this foal or young horse at the back of my house in Katherine at 18 Dowling Street. I still own that property. It was leased out through LJ Hooker. They had the management rights …

Mr Burke: Sounds like Warren Anderson’s defence to me.

Mr AH KIT: Just hang on. Settle down. LJ Hooker had the management rights, as these companies do. I wrote a letter and reported it to the Animal Welfare Authority and I have …

Mr Baldwin: Did you pursue it in court?

Mr AH KIT: I reported it to the Animal Welfare Authority. I made a phone call …

Madam SPEAKER: Order, order! Minister, talk to me.

Mr AH KIT: I made a phone call directly to LJ Hooker, to Sandy and Greg in Katherine, and said: ‘What is happening with my property? What is this lady you have in there doing with a horse in the backyard of a residential block?’ The Katherine Town Council was told. They have an inspector who is also an animal welfare authorised person. The neighbour – thank goodness for her keeping an eye on it …

Mr Elferink: Why did you hire a silk from Sydney?

Mr AH KIT: Hang on! You asked the question ...

Mr Elferink: I am not getting an answer; that is the problem.

Mr AH KIT: You should have the decency to shush up a little and listen to the answer. Maggie Smith reported it to the council. I was right on to it; I wrote to the Animal Welfare Authority and reported this incident as a responsible Territorian. I received a letter back. It was investigated. There was no further report to me; there was no need to go any further. The horse is doing well. It was shifted out fairly quickly. The lady …

Mr Elferink: So are the rhinos.

Mr AH KIT: Just hang on a moment. The lady who was renting the property had said, quite clearly, to LJ Hooker that she was told by a Conservation Commission person that she would be right to have the horse in the backyard.

The Conservation Commission person, if that was the case, had no authorisation to allow anyone to have a horse on my property, and nor is it allowed under the lease agreement. Therefore, everything was above board. I still get concerned and distressed about animals that are in distress, and I will continue to do that.
Healthconnect Trial in Katherine

Mr McADAM to MINISTER for HEALTH

Can the minister please inform the Assembly about the new Healthconnect trial in the Katherine region and how it helps build healthier communities?

ANSWER

Madam Speaker, this is a very important initiative which I had the pleasure of launching, virtually, on 4 August. I had a clash in the diary, so I was ‘Marvined’ - I was turned into a three-dimensional cartoon character and made my opening speech there. It was very well received, I might say.

Mr Stirling: It was better than the real thing, Toynie.

Dr TOYNE: Well no, it was not better than the real thing, because the armpits were not there - the full experience. However, the important thing it demonstrated was how we are bringing technology into health delivery arrangements around the Territory. It makes absolute sense to do that, with a dispersed population and the need to get information around between our health practitioners so that they can provide consistent care and attention to their clients.

Healthconnect is an information sharing network which will allow things like hospital discharge summaries, prescription details and pathology results to be exchanged between delivery sites around the Katherine region. It is part of a national development and we are very fortunate to have a major trial site in the Northern Territory.

Taking part are Katherine West Health Board, Wurli Wurlinjang Health Service, Sunrise Health Service, Katherine Hospital, Binjari Health Service, our department and the Australian government. It is a very collaborative effort.

There are 1300 residents around the Katherine region who have signed up for Healthconnect, which means their details can be exchanged through the health network in the Katherine region. That is hugely beneficial to all concerned. It means that information is accurate and exchangeable, regardless of the particular system that is being used at a delivery site, and it can accommodate different health administration and delivery software in the way that it is set up.

We look forward now to go on, again, with ongoing support from the federal government, for which I pay tribute to Robert Griew, who the opposition often has tried to get stuck into in this House. He brought forward the trial arrangement to the Northern Territory. He has ensured that the trial is now to be extended. I believe Territorians right throughout the Territory will benefit from this very important initiative.
Tipperary Station – Welfare of Animals

Mr ELFERINK to MINISTER for COMMUNITY DEVELOPMENT

After you made the decision to be lulled into feeding the animals on Tipperary Station by the discredited witness in your prosecution, Mr Freeman, your departmental CEO, in an e-mail, said:
    We need to write to DOJ to obtain advice on the matters that we should have to hand before the notice is issued. This would clearly include some evidence that the animals had not been fed within a 24 hour period. The practicalities are that this period would not commence until after the current feed delivery is finished.

This amounts to a decision by you to be the one to deprive the animals of food for the sake of pursuing prosecution. Why did you allow food supplies to be cut, and why would you even contemplate allowing animals to go hungry for the sake of a prosecution that you decided to step into?

ANSWER

Madam Speaker, I have said all I am prepared to say on this matter. This issue is still before the courts on a related matter, and I refer members opposite to my previous comments.
Animal Welfare Authority – Prosecutions

Mr WOOD to MINISTER for COMMUNITY DEVELOPMENT

How many prosecutions has the Animal Welfare Authority pursued since the Labor government was elected, and how many have been successful?

Members interjecting.

Mr Elferink: None, none, none.

ANSWER

Madam Speaker, I welcome the question from the member for Nelson, and I pick up on the interjections from the members opposite, especially at the back, because they say: ‘None, none, none’.

Mr Elferink: One.

Mr AH KIT: One. Well, that may be the case and I will get my staff to find out for sure.

Members interjecting.

Mr AH KIT: Well, hang on, let me finish. You just cannot help yourselves. You should take your tablets and settle down.

From memory, two or three, and I do not know whether they were successful. However, it is easy for them to say: ‘None, none’. We were in government three years; that is fine. How many happened in your time for 27 years?

Members interjecting.

Mr AH KIT: Sorry? How many? In 27 years, how many? No, cannot hear you.

I will provide that answer for the member for Nelson. However, there have only been two or three prosecutions. I will find out how many have been successful. I can say for the record that the members opposite were very quiet whilst in government for 27 years. I do not believe that they had any prosecutions and any successes.
Barramundi Fishery - Developments

Ms LAWRIE to MINISTER for PRIMARY INDUSTRY and FISHERIES

Fishing is, indeed, a lure of the Territory. The Territory barra fishery is world-renowned. Can you inform the House of any recent developments in our barra fishery?

ANSWER

Madam Speaker, I thank the member for Karama for her question. Indeed, fishing is very important for the Territory - that includes commercial and recreational fishing. Fishing provides jobs for many Territorians, not only in the commercial fishing fleet, but also the tour operators, fish farmers and, for many people in the Territory, it is a good recreational activity for locals and tourists alike. If you pick up any fishing magazine, either in Australia or internationally, you will find that they portray the Territory as a fishing destination.

That is why Rex Hunt comes here for holidays, and why Alex Julius has corporate executives coming every week to his lodge at Maningrida to go fishing, with very good results. Alex told me last Friday at the Palmerston Game Fishing Club, to which we gave a grant and we continue to support with the Barra Nationals, that he had an excellent season this year. That is very good to hear.

When we came to government, we said that we would consider commercial fishing and recreational fishing, and were prepared to close one river to commercial Barramundi fishing. We closed two. The first one, in 2002, was McArthur River and, second, on 1 July 2004, we closed the Adelaide River.

However, the Adelaide River closure took place with consultation with the community. Through the Aquatic Resource User Group we received advice when commercial and recreational fishermen got together in the same room and decided on and provided advice on how we should proceed with the closure of Adelaide River – something the previous government were indifferent to. We listened to that advice and closed the Adelaide River. We listened to the advice to offer an ex gratia payment to the fishermen who traditionally were fishing Adelaide River.

We are not standing still. I wrote to all the stakeholders and asked them to get together and start talking about a five-year plan with a 10-year outlook for the commercial barramundi fishing industry. This plan will provide a 10-year outlook for our barra fishery and certainty for commercial fishermen, because they have to make decisions, investments and have a long-term vision. At the same time, we provide encouragement to our recreational fishermen, because this government will consider the further purchase of commercial licences and the further closure of rivers for recreational fishermen. That is welcomed by the recreational fishermen and the tourists. You do not get 160 people from down south at the Barra Nationals if they do not believe they are going to come here and have a great time fishing the Daly River or other rivers in the Territory for barramundi.

Our approach was totally different from the previous government, and this can be confirmed by Senator Scullion. We all noted the comments he made when, just before the previous election, the government of the day was making policies on the run - closing McArthur River without telling anybody. The comments by Scullion when he was the representative of the commercial fishermen were scathing - absolutely scathing. Consultation - zilch. Mike Reed, the then member for Katherine, picked up the phone and told them they were closing McArthur River. That was the level of consultation. In our case, we sat down together, spoke to the stakeholders through the Aquatic Resource User Group, and reached a very good outcome.

We are now developing a 10-year plan for our barra fishery. Everybody can have a say. Everybody will understand the process. We will do the recreational allocation as necessary. We have a framework that will provide certainty for commercial fishermen and is very good news for recreational fishers.
Warren Anderson – Legal Proceedings

Mr ELFERINK to MINISTER for COMMUNITY DEVELOPMENT

Your case of animal neglect against Warren Anderson collapsed because the prosecution’s star witness was completely discredited. There was little or no other evidence to try to rely on. On 15 May 2004, Dr Wirth of the RSPCA had the decency to apologise in the Melbourne Age, The Financial Review and the Sydney Morning Herald for his comments regarding the matter. Will you now apologise to Mr Anderson for your pursuit of a vindictive, unfair, hare-brained witch hunt that was predicated solely on the evidence of a person who had motives to discredit Mr Anderson and who was facing the sack?

ANSWER

Madam Speaker, as I said, this matter, Anderson v Ah Kit, is still before the courts, and I am advised that I should make no further statements on this matter.
Jobs Plan - Impact

Mr McADAM to MINISTER for EMPLOYMENT, EDUCATION and TRAINING

Can the minister advise the House what impact incentives in the government’s Jobs Plan had for the year 2003-04, and what is the government doing to ensure that these incentives continue to be effective?

ANSWER

Madam Speaker, I thank the member for Barkly for his question - particularly relevant following some of the comments made by the Leader of the Opposition yesterday in relation to another debate, where he was making derogatory remarks across the Chamber about our Jobs Plan.

The truth is vastly different …

Mr Dunham: Have you read this? No? Seven hundred jobs lost!

Mr STIRLING: I ask the member for Drysdale to listen.

Mr Dunham: Seven hundred jobs lost!

Madam SPEAKER: Member for Drysdale!

Mr STIRLING: He is past learning - but as long as I can get my message across to the Leader of the Opposition so he understands the value of the Jobs Plan and what we have done.

We deliberately designed this Jobs Plan to encourage and support the employment and training of trainees and apprentices in specific industry and business sectors across the Northern Territory labour market. We introduced three initiatives under this plan to achieve those objectives. The first was $1.5m over three years to fund employer incentives and support programs to facilitate and encourage industry take-up of 120 apprenticeships/traineeships in those skill shortage trade areas. In over 20 years of labour market history in the Northern Territory, that shortage of skill trade areas have not changed a great deal. That was our first point of entry, to develop and grow our own, and facilitate the training of our own in those traditional skill shortage trade areas.

Also, there is $2.25m over three years in employer incentives for the employment of 1000 new apprentices and trainees in the small business sector, and $1m in incentives over three years for local government and community government councils to support the employment and training of 225 additional apprentices and trainees across the Territory.

We went out with this plan with 40 in the category of traditional trade skills shortage areas available under that incentive scheme. From 1 February 2004 to 30 June 2004, with each incentive worth $7700 - half paid up-front, half paid on completion of the apprenticeship - in a short time that 40 was knocked over. That is how popular that was out there. Initially, straight off, there were 40 skilled trades apprentices, in short supply in the Northern Territory, into the system that may well not have been there without this incentive. That was a terrific response and a great take-up, so much so that we allowed that to continue until it went to 60 by drawing funds set aside for those other areas of the scheme that had not had the same take-up rate, and we topped it at 72. As of May 2004, 72 skill shortage trades’ incentives were allocated. That is 72 trainees in these hard to fill, hard to recruit, high-skilled traditional trade areas in training now that were not there before.

There are 270 employment incentives available under the Small Business Employment Incentive Scheme, and each of those is worth $2200. That has allocated 131 of those incentives so far and applications are still coming into the department. There are 65 employment incentives under the Local Government/Community Government Council Employment Incentive Scheme, each incentive worth $4 400 in that category - again, paid in two instalments; one up-front and one on completion.

As of July 2004, the Local Community Council Employment Incentive Scheme had allocated 16. I am somewhat disappointed with that, although I believe there is a job to do in the marketing of that scheme and getting our message out, particularly to the remote and rural community government councils. The department has advised me that they have written to all the councils. They have advertised the new apprenticeships in the LGANT and Chamber of Commerce newsletters. When DEET field officers are out in these communities, they promote the incentive to councils. I strongly encourage councils to look at that incentive and participate in the development skills and opportunities for their young people in their communities.

A detailed analysis of the effectiveness of the overall scheme is currently under way, and we would expect a full report on progress, and the outcomes and initiatives, to come up around September. A second stage of the employment initiatives incentive scheme will be advertised later this year. I look forward to all sectors again taking advantage of the opportunities under this Jobs Plan to build the skills of Territorians, because that is what it is about: growing our own and skilling our work force in the knowledge that they will stay here and contribute to the Territory for many years to come.
Warren Anderson – Legal Proceedings

Mr ELFERINK to MINISTER for COMMUNITY DEVELOPMENT

On 11 August 2004, the Chief Minister had this to say about your failed prosecution:
    I am disappointed we didn’t win. It certainly doesn’t stop us making Warren Anderson accountable for the substantial animals he has.

She also said:
    Look, there was a case against Warren Anderson, and we haven’t been able to prove that in court ...

Mr HENDERSON: A point of order, Madam Speaker! Standing Order 114 goes to the heart of repetitive questions. This question has already been asked of the Chief Minister, and I would ask that you rule it out of order.

Mr Elferink: No, it has not. Listen to the question.

Members interjecting.

Madam SPEAKER: I will allow the member to finish his question. Questions and answers are rather long today.
    Mr ELFERINK: …but it does not mean there was not. He was not feeding his animals, government had to step in and the technicalities of the court make no difference to that ...

Do you agree with your Chief Minister’s comments, and what steps other than legal ones are you contemplating to make Mr Anderson accountable?

ANSWER

I am sorry, what was the tail part of that question?

Mr ELFERINK: Do you agree with your Chief Minister’s comments and what steps other than the legal ones available to you are you contemplating to make Mr Anderson accountable?

Mr AH KIT: Madam Speaker, I have said, in regards to 18 Dowling Street in Katherine and the young horse in my backyard, the Animal Welfare Authority was the relevant authority, at arm’s length from me, that I reported the matter to. It was reported by the next door neighbour to the Katherine Town Council and also passed on to the Animal Welfare Authority. The member for Macdonnell …

Mr Burke: Come on mate, sit down. You are not helping yourself. This is sad.

Mr AH KIT: Well, shush up and you might …

Mr Burke: This is sad, actually. You never even heard the question.

Mr Baldwin: That was not the question. It had nothing to do …

Mr AH KIT: Madam Speaker, they do have problems on the opposite side. They do not know who their leader is from to time, obviously. Who is leading you lot over there? Oh, Terry, you are still there, are you?

What the member for Macdonnell is saying is ‘my’ failed prosecution. The Animal Welfare Authority prosecuted. The Animal Welfare Authority gave the direction to drop the prosecution. You should get your facts straight.

He is asking, in the question, I note, for an opinion. My answer is, as I have said before, this is a matter before the court. This is a matter that we need to deal with when it arises. It is something that I am advised not to comment much further on.
Vietnam Veterans Day – Long Tan Anniversary

Mr KIELY to MINISTER for DEFENCE SUPPORT

Can the minister advise what special importance today has for our Defence community?

ANSWER

Madam Speaker, today is an important day for our Australian Defence Force community, and for all Australians. Today is the 38th anniversary of the Battle of Long Tan, and it is also Vietnam Veterans Day.

Long Tan was a ferocious battle fought between about 100 members of Delta Company 6 Royal Australian Regiment and a full regiment of North Vietnamese regular troops assisted by substantial numbers of Viet Cong guerrillas.

Long Tan displays everything that we are proud of in Australian military history. Despite confronting overwhelming odds, the diggers of Delta Company refused to yield an inch of ground. Despite suffering terrible casualties, they refused to leave their wounded and dead mates behind. 11 Platoon was on the verge of retreat because they had run out of ammunition, when an heroic air crew of RAAF choppers got through to resupply them. Even though more than half the platoon were wounded or dead, 11 Platoon then went on the offensive and helped clear the ground of the enemy. On this special day, I believe it is important that this Chamber extend our best wishes to all Vietnam Veterans and their families.

Many of us have received representations over the years from Vietnam Veterans about concerns to do with the allocation of bravery awards following the Battle of Long Tan. The representations have been shrouded in controversy due to allegations that recommendations that were made from the field were subsequently downgraded, and specific recommendations that were made were not acted upon.

The federal opposition has said it wishes to initiate an inquiry into the process of the awarding of bravery medals following the Battle of Long Tan. I would like to place on the record the Territory government’s support for this initiative, and hope that this support is shared by all in this House. It is time to put this controversy which has been bubbling away for many years to rest.

Once again, I extend the Assembly’s best wishes to Vietnam Veterans and their families on this special day of remembrance.

Members: Hear, hear!
Ministerial Conduct

Mr ELFERINK to MINISTER for COMMUNITY DEVELOPMENT

Minister, you have so far today demonstrated that you are a deceitful and vindictive liar …

Mr HENDERSON: A point of order, Madam Speaker!

Madam SPEAKER: You cannot say that.

Mr ELFERINK: Madam Speaker, I withdraw the question. However, I move that so much of standing orders …

Mr HENDERSON: A point of order, Madam Speaker!

Mr ELFERINK: … be suspended that would prevent this House …

Mr HENDERSON: A point of order, Madam Speaker!

Mr ELFERINK: … from censuring the minister …

Madam SPEAKER: Member for Macdonnell, order! Withdraw the comment.

Mr ELFERINK: I have withdrawn it, Madam Speaker, but I move that so much of standing orders be suspended …

Madam SPEAKER: Well, hang on!

Mr HENDERSON: He needs to withdraw the comments, Madam Speaker.

Madam SPEAKER: Hold on. You withdrew the question. I want you to withdraw those comments.

Mr ELFERINK: Madam Speaker, I withdraw the comments, I withdraw the question.
SUSPENSION OF STANDING ORDERS
Move Motion of Censure

Mr ELFERINK (Macdonnell): Madam Speaker, I move that so much of standing orders be suspended that would prevent this House from censuring the government for their outrageous conduct and their fanatical pursuit of Owston Nominees, and particularly Warren Anderson, and for the reckless indifference that they have shown …

Mr HENDERSON: Madam Speaker …

Madam SPEAKER: Order! Member for Macdonnell.

Mr HENDERSON: Madam Speaker, the government will accept this censure motion and I urge that the cameras stop filming.

Madam SPEAKER: Question Time is over for the censure motion.

[Editor’s Note: Question Time ceased due to moving of the motion of censure]
Last updated: 09 Aug 2016