Department of the Legislative Assembly, Northern Territory Government

2001-10-25

Appointment of Chief Magistrate

Mr BURKE to ATTORNEY-GENERAL

Attorney-General, given the legislation that you have rushed through the parliament this morning, and the form that it is in, can you confirm that the government has yet to decide whether to reappoint the Chief Magistrate should the Federal Court rule the original appointment invalid and that, in fact, you may not reappoint him?

ANSWER

I thank the Leader of the Opposition for his question. I certainly can confirm that the government has yet to decide on whether to reappoint on not reappoint the Chief Magistrate, in the event that the Federal Court brings down the decision that his appointment is currently invalid. The reason we have not decided that is that we have not seen the judgement of the Federal Court as yet. I made that very clear in the debate that we have just concluded. I think the Leader of the Opposition has persisted with this against all odds.

We will give a decision, as a result of the court decision, as quickly as possible once it comes down. There is no value to the justice system to have this uncertainty go for any longer than necessary. I would like to restate that the uncertainty we find ourselves in is through the actions of Shane Stone, the previous Chief Minister, which were failed to be validated by the Leader of the Opposition when he was Chief Minister. He had two requests from Queen’s Counsel to put validating legislation through this House. He chose to do nothing, he left us with the mess, and we are fixing it up.
Territory Health Services Budget

Ms LAWRIE to MINISTER for HEALTH, FAMILY and CHILDREN’S SERVICES

Did the previous government tell Territorians they increased expenditure in health in the last CLP budget?

ANSWER

Madam Speaker, I thank the honourable member for her question. The simple answer is yes, the former CLP government through the Treasurer, the member for Katherine, told Territorians they increased expenditure in health by 2.5%. This fact was reported in the former Treasurer’s statements about the budget.

In making this claim, the former CLP government compared the expenditure on health in the previous financial year, 2000-01, with the allocation of funds to health in the current 2001-02 budget. The former government told Territorians in its budget that it expected to spend $436m in health in 2000-01, and it had taken the decision to increase the money for health by 2.5%. This news would have been warmly received by many Territorians. Health is a very important issue for many in our community, and for the government to announce an increase in health funding in the budget would have been welcome news to many people.
Government Support for Border Protection Act

Mr BURKE to CHIEF MINISTER

In relation to the Border Protection Act - an act which has been publicly stated as having the full support of both, not only our Prime Minister, but also the Opposition Leader Kim Beazley - will the Chief Minister disassociate herself and her government from the position adopted by the federal member for the Northern Territory, Warren Snowdon, who stated on ABC radio on 25 September that: ‘Labor has made the point that these matters …’ – that is, the Border Protection Act – ‘… can be revisited and we, Labor, will be revisiting them after the federal election’. Will the Chief Minister give a cast-iron guarantee that the Border Protection Act has her total support?

ANSWER

I thank the Opposition Leader for his question. Again, it goes to the heart of the Opposition Leader’s confidence that Labor will win the federal election. It is heartening to hear that he supports Australia’s move, state by state, and finally in the federal jurisdiction, to actually have Labor administrations in – the same kind of confidence that Territorians had to put a Labor administration into the Territory on 18 August.

It is very apparent that the Opposition Leader is only trying to create unnecessary political ructions by raising questions like this. We want to have appropriate measures in terms of border protections in this country, of course we do. Every Territorian does, every Australian does. It is only appropriate, when a Beazley government wins in Canberra on 10 November, that all legislation, all acts of the previous administration, will be looked at. It is the same way that we, as a new government in the Territory, are also reviewing the 26 years of the CLP’s legacy to Territorians.

In some instances, we are shocked by what we are finding. In other instances, there has been bipartisan support. Again, I welcome the Opposition Leader’s support for a Beazley government, and let us hope it is a convincing win on 10 November.
SUPPLEMENTARY QUESTION

Mr BURKE to CHIEF MINISTER

A supplementary question, Madam Speaker. This is a very important issue because, in the Northern Territory, we are at the forefront of people-smuggling operations. Our Police, Fire and Emergency Services are called upon from time to time to take an active part. I ask the Chief Minister, does the Border Protection Act as it currently operates, and includes our own departments from time to time, have her full support?

Ms MARTIN: Madam Speaker, are you allowing it?

Madam SPEAKER: Yes I am allowing it. It is basically a follow-up clarification.

ANSWER

I do say very clearly to the Opposition Leader, if he follows federal debates, if he follows what goes on in the federal parliament, he would know very clearly that that border protection legislation had bipartisan support. I do not quite know why he does not understand what bipartisan support means. In terms of his confidence that Kim Beazley will win the election on 10 November, I welcome it.
Territory Health Services Budget

Mr KIELY to MINISTER for HEALTH, FAMILY and CHILDREN’S SERVICES

I refer the minister to the fact that the former CLP Treasurer told Territorians, in statements to this House and in his current budget, that the previous CLP government increased money allocated to health by 2.5% in the current budget. How was this apparent increase achieved?

ANSWER

Madam Speaker, I thank the honourable member for his question. When I first became Minister for Health, Family and Children’s Services 59 days ago, I spent some time considering the budgets and the general financial situation in my portfolio. I soon discovered that there were large discrepancies in the figures in the former government’s budget. I asked my Chief Executive Officer to provide me with a response as to why there was such a large discrepancy in the figures of the former government’s budget, which he did, and in the form of a memorandum.

It is extraordinary that I read such a memorandum in this House, but I do so as its contents are extraordinary and demonstrate the repeated abdication of responsibility by the honourable members involved. I will now read from this memo directly. It is a memorandum to myself from the Territory Health Services CEO:
    Attached, as requested, is an explanation of THS’ budget situation for 2000-01 and 2001-02 as compared to that presented in the last budget papers.

    In summary, there was an artificial reduction of $8m in THS’ 2000-01 budget in order that the 2001-02 budget figure could be presented falsely as a 2.5% increase. In reality, THS’ 2001-02 budget represents a reduction on the final 2000-01 approved budget.

    The attached papers also demonstrate that in reality THS’ final actual expenditure for 2000-01 was contained within the approved budget.

    My first knowledge of this situation was when I was in Sydney …
This is the CEO speaking.
    … on official business on 9 May 2001. I received a telephone call from the Under Treasurer, Ken Clarke, who informed me the Treasurer intended to adjust THS’ final budget figure for 2000-01 so that the following year’s budget could artificially be shown as providing an increase at least equivalent to the CPI.

    Mr Clarke informed me that this should be kept confidential within THS, and it was agreed …

There is a name mentioned here, a public servant, but this is not about public servants, so I will not mention that person’s name.
    … would liaise with designated Treasury staff on the necessary adjustments to the budget figures.
    On receipt of this message I expressed considerable concern to Mr Clarke, and informed him that I would need to discuss this with my minister.
    I rang Minister Dunham and expressed my alarm at this proposed deception. I advised him that, in my view, this arrangement would undoubtedly be discovered in the due course by the Auditor-General and would reflect poorly on THS and the minister.
Indeed it is coming out now.
    In addition, I expressed concern that, as a consequence of these artificial adjustments, THS would be seen to be exceeding its approved budget by $8m when this was demonstrably not the case.

    Minister Dunham expressed serious alarm at the information I conveyed to him and he indicated he wished to be kept informed of all developments.

    The minister was continually kept informed as the budget process continued, but there was no change in the decision to artificially reduce by $8m the 2000-01 budget.

It is signed by my CEO, Paul Bartholomew. This document, which I will table, establishes that the former Treasurer, the member for Katherine, and the former Health Minister, the member for Drysdale, were involved in unprecedented conduct in providing information in the budget, and to the people of the Northern Territory. I table the document, Madam Speaker.
Child Welfare

Mr ELFERINK to MINISTER for HEALTH, FAMILY and CHILDREN’S SERVICES

Madam Speaker, this week the member for Sanderson described in this House the situation where he became aware of a child in need of care, and I shall quote from Tuesday’s Hansard: ‘She spoke to me in what I perceived to be a drug-induced state’. He then goes on to say: ‘I looked down and saw this young child who was trying to look after their parent, and I looked at the house which was still pretty well unkempt, and I left. I walked out of there, that was all I could do’. As I understand it, a matter of such importance is a requirement by law to report such matters to an authority. Was such a report ever made? Now that she was made aware of it on Tuesday, what has she done about it since, and what is she going to do about that situation?

ANSWER

Madam Speaker, I thank the honourable member for his question. I shall refer it to my department.
Territory Health Services Budget

Ms SCRYMGOUR to TREASURER

I refer the Chief Minister to the memorandum tabled by the Minister for Health, Family and Children’s Services. What is her response to the information it revealed?

ANSWER

Madam Speaker, I, members of this government and, I believe, all Territorians, are appalled at the conduct of the former Treasurer and the former Health Minister. I am equally appalled that the former Chief Minister led a government that would stop at nothing to cling on to power - that is what it is about - would stop at nothing. The now Opposition Leader, then Chief Minister, the now Deputy Opposition Leader, then Treasurer, and the health spokesperson who was the Health Minister, and your colleagues, would stop at nothing to cling on to power.

Mr DUNHAM: A point of order, Madam Speaker. The speaker is straying very closely to reflecting on the honour of the members of this House ...

Members interjecting.

Mr DUNHAM: … and given that she is choosing the coward’s way of doing it in answer to a question without debate, I suggest you pull her into line to protect …

Mr Stirling: You hypocrite! What honour? What honour? There is no point of order, Madam Speaker. I suggest he sits down.

Madam SPEAKER: In your seat, thank you. Leader of Government Business, you are on a warning. You do not make rulings in this House, I do. You also today have had three outbursts. Just be aware I am getting tired of it. There is no point of order.

Ms MARTIN: Madam Speaker, it does concern me that unnecessary points of order are being made. In this case it is simply because those three ...

Madam SPEAKER: I ruled on this point of order. Answer the question. I am getting a little bit fed up with these tactics. Answer the question.

Ms MARTIN: It saddens me to have to answer this question, it certainly does. I am appalled, and Territorians are appalled, at the behaviour as indicated in the tabled memorandum from the previous administration - do anything to cling on to power. The memo reveals that the former CLP government would say and do anything to deceive Territorians. It is a very serious charge, deceiving Territorians through the budget papers. Calculatedly, a deception to deceive Territorians, let us be perfectly clear about this matter. I quote from that memo again because it is a real indictment on the behaviour and the ethical standards of this previous administration. The then Chief Minister, the then Treasurer and the then Health Minister, that memo says - and this is a shocking document. Have no doubt about it, this is a shocking document:
    … there was an artificial reduction of $8m in the THS 2000-01 budget in order that the budget for next year - the 2001-02 budget figure - could be presented falsely in this budget paper as a 2.5% increase. In reality, THS 2001-02 budget represents a reduction on the final 2000-01 approved budget.

The memo goes on to say, from the CEO of health:
    I have received a telephone call from the Under Treasurer, Ken Clarke, who informed me the Treasurer …

This is what it is all about, it is the former Treasurer.
    … intended to adjust the THS final budget figure for 2000-01, so that the following year’s budget could artificially be shown as providing an increase at least equivalent to CPI’.

Mr Reed: $8m in a $400m budget?

Ms MARTIN: You are a disgrace. Yesterday I described you as the Treasurer for rubbery figures, today it is the Treasurer for deceit. The memo goes on:
    I rang Minister Dunham, and expressed my alarm at this proposed deception.

This is from one of our most senior CEOs:
    I advised him that, in my view, this arrangement would undoubtedly be discovered in due course by the Auditor-General and would reflect poorly on THS and the minister ...

    Minister Dunham expressed serious alarm at the information I conveyed to him and indicated he wished to be kept informed of all developments.
He wished to be kept informed of all developments. The memo goes on to say:
    The minister was continually kept informed as the budget process continued.
This is, very sadly, a massive deceit of Territorians. This is a very shocking memo and clearly spells out the deceit perpetrated by the then Treasurer, in conjunction with the then Health Minister, who did nothing, and all under the leadership of the now Opposition Leader. This is probably the most serious issue to come before this parliament ever. It is so serious that I move:
    That this Assembly:

    (1) censures the former Country Liberal Party Treasurer, the member for Katherine, for significantly including information …

Madam SPEAKER: Chief Minister, If the censure motion is on, we have to close down Question Time.

Mr Burke: Why didn’t you run a substantive motion before you pull this sort of stuff? Ridiculous!

Madam SPEAKER: Stop! People filming, I have said that is the end of Question Time, we have a motion on the floor.

Chief Minister, you need to suspend Standing orders to move your motion and while you are doing that, it will allow the cameramen time to leave the gallery. There will be no more questions. You can move a motion to suspend Standing orders, to move a censure motion.
SUSPENSION OF STANDING ORDERS

Ms MARTIN (Chief Minister): Madam Speaker, I move that so much of Standing orders be suspended as would prevent me from moving a motion of censure.

Madam SPEAKER: The question is that the suspension of Standing orders be agreed to.

Motion agreed to.

Madam SPEAKER: We will pause there while the cameramen leave the Chamber.
Last updated: 09 Aug 2016