Department of the Legislative Assembly, Northern Territory Government

2006-11-29

Ombudsman’s Report 2005-06

Ms CARNEY to DEPUTY CHIEF MINISTER

Deputy Chief Minister, I refer to the Ombudsman’s report which you tabled yesterday, again in the absence of the Chief Minister. The report contains a litany of criticism across government departments including multiple findings of unreasonableness, an agreement with the complainant that the Development Consent Authority acted unjustly, and an observation that the Development Consent Authority did not want to resolve planning issues. On page 53 of the report, it showed that another department was found to have acted contrary to law by overturning a Cabinet decision after Labor came to office. When did you become aware of these matters?

ANSWER

Madam Speaker, I thank the Leader of the Opposition for her question. We have a particular regard for the Office of the Ombudsman within our ranks because we believe, unlike those opposite when they were in government, and …

Mr Wood: You did not give them extra money.

Mr STIRLING: … you can only go on track record, but you can compare our record in financial support for the Ombudsman against your record any day. Bring out the figures: $1.6m they were being funded when they left office; $2.1m is the figure today.

We believe it is a critical office, in ensuring a fair service and treatment of our citizens in the Northern Territory, and one that is there to promote openness and transparency for all. It is a similar view that we have for functioning of good government with the Freedom of Information Act, something the CLP promised in 1994.

Ms Carney: What about the Whistleblowers? You promised that too.

Madam SPEAKER: Order!

Mr STIRLING: In 1994, a CLP promise. When we came to government in 2001 we were further away from the Freedom of Information Act than ever before. We also put in a Fiscal Integrity and Transparency Act, and we did that on the basis of one reason: because they lied, cheated and they tried to rob Territorians in relation to the Health budget.

Ms Carney: Oh, get off.

Dr LIM: A point of order, Madam Speaker!

Madam SPEAKER: Order!

Mr STIRLING: This bloke was part of it.

Madam SPEAKER: Order! Deputy Chief Minister, resume your seat. What is your point of order, member for Greatorex?

Dr LIM: Madam Speaker, you have consistently prohibited the use of the words ‘lie’ and ‘liars’ in this Chamber. Here is the Deputy Chief Minister suggesting we are liars on this side of the House.

Mr HENDERSON: Madam Speaker, speaking to the point of order, the Deputy Chief Minister did not accuse an individual member of lying, which is certainly contrary to standing orders, but the former government as a collective. I believe that that is quite appropriate and within standing orders.

Madam SPEAKER: Did you want to speak to the point order, Deputy Chief Minister?

Mr STIRLING: No, Madam Speaker.

Madam SPEAKER: I am going to seek advice from the Clerk on it.

Mrs Miller: That is too cute.

Mr STIRLING: Too cute - you want to read the transcripts on it.

Ms Carney: Where is your boss? She could do a media conference from all accounts. Where is she? Got rid of her already did you?

Madam SPEAKER: Order! Leader of the Opposition.

After advice, I ask you, Deputy Chief Minister, to withdraw and to reword.

Mr STIRLING: Absolutely, unequivocally withdrawn, Madam Speaker. And simply put on the record, as the record shows already, the history shows that the CLP falsified the Health budget in the 2001-02 budget for presentational purposes.

In relation to whistleblowers legislation, it is a commitment. It is coming forward. Again, something that the CLP, and you can only go on what they do, Madam Speaker, not by what they mouth. They will mouth all of the transparency in the world, but when it comes to action they are found very much wanting.

Ms CARNEY: A point of order, Madam Speaker!

Mr STIRLING: The Ombudsman has received …

Madam SPEAKER: Deputy Chief Minister, please pause. What is your point of order?

Ms CARNEY: My question was: when did the Deputy Chief Minister become aware of the matters contained in the Ombudsman’s report into the subject of the question? Would you mind answering the question, Deputy Chief Minister?

Madam SPEAKER: Leader of the Opposition, please resume your seat. As you would aware, there is a lot of latitude in the answering of questions, as there is in many speeches. The Deputy Chief Minister is answering the question.

Mr STIRLING: Madam Speaker, there were questions about funding. I heard them in the question around the funding and I am happy to answer that part of it. A 2.8% increase each year since the Ombudsman came to office around the level of CPI for that time. And she and her predecessor also received significant one-off monies for the office to handle staffing matters for particular issues along the way. We have not said no to a further funding matter. The Ombudsman is welcome to put in a submission. Budget Cabinet is just around the corner in February and that will be entertained along with all the priorities before government at the time.

In relation to when did I become aware: at the time that the Ombudsman report was tabled, Madam Speaker. I am not the minister responsible for this. I had a copy to table here, and I have had a quick look through it in relation to my ministerial responsibilities.
Nuclear Waste Disposal Facility –
Passage of Federal Legislation

Ms ANDERSON to DEPUTY CHIEF MINISTER

The Northern Territory’s beautiful outback landscape, our world-class reputation as a supplier of livestock, and our horticultural industries are being threatened by the Canberra government’s growing desire to trample on the rights of Territorians.

Members interjecting.

Madam SPEAKER: Order! Opposition members, I am having great difficulty hearing the question.

Ms ANDERSON: Minister, can you outline the position of the Northern Territory government on Canberra’s nuclear waste dump?

ANSWER

Madam Speaker, despite the rudeness of the opposition I did hear enough of the question to get the substance – including this clown here in the front row, Madam Speaker.

Members interjecting.

Madam SPEAKER: Order!

Mrs BRAHAM: A point of order, Madam Speaker! I ask them to withdraw that. I am not a clown. I am a woman.

Madam SPEAKER: There is no point of order.

Mr STIRLING: It was not in relation to you, member for Braitling.

It is with some sadness I stand here today on what is now 29 November 2006, with not some small amount of anger either. Today will go down in history as yet another day that the Howard federal Coalition government has again crushed the rights of Territorians.

Members interjecting.

Mr STIRLING: You should be with us on this because you are supposed to be a supporter of statehood, member for Blain.

We have heard news that the House of Representatives has passed the Radioactive Waste Management Legislation Amendment Bill 2006 which allows a federal minister to declare a site for a nuclear waste dump on Aboriginal land without the consent of the traditional owners.

I welcome the presence of the traditional owners in the gallery today, because they will share this government’s anger and sadness at the overriding of Territorians’ rights, again. The bill also allows the federal government to own land previously held under inalienable freehold title. It withdraws everyone’s access to judicial review of the nomination of a dump site, and it removes any right to procedural fairness.

Before the last federal election we all recall the member for Solomon hand on heart - if he had one at all – who said the Territory would not get a nuclear waste dump. Well, guess who was in the House of Representatives when this bill passed earlier today? The same member for Solomon, the same Dave Tollner, voting with his mates to take away the rights of Territorians because they can. If the members of the CLP who sit across the other side of this Chamber had any character, any respect for themselves at all, any pride in what the CLP once stood for in the Northern Territory, if they had any self-respect left, at least they would condemn this betrayal along with us.

Just last week, Prime Minister Howard released his report on nuclear energy opportunities for Australia, and we are concerned with those recommendations. The Prime Minister is advocating the construction of 25 nuclear power stations around Australia …

Dr Lim: Oh, God! That’s a bit of stretching the truth.

Madam SPEAKER: Order! Member for Greatorex!

Mr STIRLING: ... 25 nuclear power stations around Australia. I have all day, Madam Speaker. If he wants to interrupt, I can take my time.
Each of these nuclear reactors will produce high-level waste. I quote from the report:
    The disposal of high level waste including spent nuclear fuel remains an issue for most nuclear power countries.

We did not need to be told that. The report goes on to say there is consensus that disposal in appropriately engineered deep repositories is the answer. Australia has areas suitable for such repositories which the report goes on to say would not be needed until 2050 should nuclear power be introduced.

We all know where the Australian government believes nuclear waste should be dumped. It is right here in the Northern Territory. We all know where the Country Liberal Party stands on this issue. In fact, when this parliament last met, the CLP had an opportunity to stand up for the rights of Territorians. They had an opportunity to stand up and support our motion calling upon the Commonwealth to honour its pre-election promise in 2004 that it would not locate a nuclear dump in the Northern Territory.

Not only did the Leader of the Opposition elect not to support the motion, she asserted that the issue was not worthy of her time ...

Ms Scrymgour: That is right.

Mr STIRLING: Not worthy of her time!

Ms Carney: You are political grandstanding in this parliament with your silly motion …

Mr STIRLING: One wonders what legacy …

Madam SPEAKER: Order! Leader of the Opposition!

Mr STIRLING: What legacy will the CLP have us leave our children and our children’s children? Our outback landscape – pristine - a jewel and a tourism attraction. The beef industry helps sustain the Territory economy. Our horticultural industry – great prosperity for the future. All of those industries have a common claim that places them at the forefront of national and international trade - on guess what? They are clean and green!

Members interjecting.

Ms Carney: What about the McArthur River? You hypocrite!

Mr HENDERSON: A point of order, Madam Speaker! The Leader of the Opposition called the member for Nhulunbuy a hypocrite. That has previously been ruled as unparliamentary. I request that she withdraw.

Madam SPEAKER: I ask you to withdraw, Leader of the Opposition, and opposition members - yes?

Ms CARNEY: I will withdraw the word ‘hypocrite’ since you find it so offensive, which is bizarre.

Madam SPEAKER: Leader of the Opposition, just withdraw graciously.

Ms CARNEY: I withdraw it, Madam Speaker. Thank you.

Madam SPEAKER: Members of the opposition and crossbenches, I would appreciate you remembering Standing Order 51. It is very difficult to hear both the questions and the answers today. As there are people listening in the galleries and via the radio, I would appreciate you keeping the interjections to a minimum.

Mr STIRLING: I can always turn the volume up, Madam Speaker, if there is a difficulty hearing.

Madam SPEAKER: No, I would appreciate it if you did not.

Mr STIRLING: Significant parts of our economy and our future development are based on clean and green. How does that sit with high-level nuclear waste in our back yard?

The report also says:
    … importantly to note, while safe management of all categories has been demonstrated for decades, no country in the world has implemented permanent underground disposal of high-level radioactive waste.

No one has done it, but we are going to.

Thank you, Prime Minister Howard. We will have a go, right here in our back yard, thank you very much. We can only wonder what impact the imposition of a nuclear waste dump will have on our international reputation. We can only surmise what impact that will have on trade. What we do know is that the Commonwealth wants to dump high-level waste in our back yard, and that the CLP supports that proposal.

Importantly, we reject it. This government rejects the Commonwealth’s plans and will continue to stand up for the rights of all Territorians, and continue to oppose a nuclear waste dump located in the Territory.
Ombudsman’s Report – Criticism of the Development Consent Authority

Ms CARNEY to DEPUTY CHIEF MINISTER

My question is to the Deputy Chief Minister representing the absent Chief Minister. Deputy …

Madam SPEAKER: Leader of the Opposition, you are aware that you are not supposed to refer to the presence or absence of a member.
Ms CARNEY: I am sorry, Madam Speaker, I thought that because the Leader of Government Business referred to her absence …

Madam SPEAKER: It makes no difference. You simply refer to the Deputy Chief Minister.

Ms CARNEY: Deputy Chief Minister, the decision-making process of the Development Consent Authority has been severely criticised by the Ombudsman in her report, which you tabled late last night. One of the complaints was that the DCA had: ‘fabricated or solicited’ objections to their houses. The Ombudsman observed that the complainants felt they had been treated unjustly by the DCA, and said:
    Having examined the chain of events, I was easily able to concur with their perception.

    In addition, the lack of participation by the DCA in attempts to resolve the issue with my involvement appeared to indicate that the DCA were not committed to resolution of the matter.

This describes the DCA as belligerent and uncooperative.

If you knew nothing about this, as you said in your previous answer, surely one of your ministers did. Who was it; who knew; and what has been done about this since then?

ANSWER

Madam Speaker, I thank the Leader of the Opposition for her question. One wonders how I would know when I am not the minister responsible.

Members interjecting.

Madam SPEAKER: Order, order! Opposition members, the Deputy Chief Minister is on his feet.

Members interjecting.

Madam SPEAKER: Order! Deputy Chief Minister, please answer the question.

Mr STIRLING: I am trying to, Madam Speaker. I wonder, though: do I get an advanced copy of the Ombudsman’s report? Am I that privileged that I get it a week in front of everyone else? No, that is not the rules. I saw it when I dropped it on the table last night as part of tabling the report.

In relation to the Darwin Consent Authority, it is not an area of government responsibilty. Whilst I am somewhat humbled and privileged to be getting all the questions today, it is not my area of ministerial responsibility. I am more than happy to pass the question to the minister responsible for the Department of Planning and Infrastructure.

Ms LAWRIE (Planning and Lands): Madam Speaker, I became aware of the Ombudsman’s report when it was tabled and have not had the opportunity to read through it. I can advise that the investigation the Ombudsman refers to …

Dr Lim: You did not get briefings from your CEO?

Madam SPEAKER: Order!

Ms LAWRIE: I can advise that the investigation the Ombudsman refers to commenced in June 1999, at which time Mr Fred Finch was Chairman of the DCA.

Members interjecting.

Ms Carney: What would you know; perhaps that is why you are not the minister any more.

Madam SPEAKER: Leader of the Opposition, order!

Ms LAWRIE: I can further advise that the report concluded in 2003, at which time Mr John Pinney was Chairman of the DCA. The department was not present at the meeting between Mr Pinney and the Ombudsman referred to in the report in May 2005. As we are all aware, in August 2006 Mr Peter McQueen commenced as Chairman of the DCA.

I note the Ombudsman’s report recognises that the DCA has accepted all but one of her recommendations contained within the report. Recommendation No 5 of the report goes to the issue of a written policy to ensure waiver applications are not granted indiscriminately, and that is under consideration. There are some issues around the adoption of such a policy; whether a policy in itself would create further confusion.

The department is receiving advice from the Department of Justice on whether DCA decisions should be based on policies of this nature. It starts to become a fairly complex process of advice from Justice to the department to the Development Consent Authority.

I acknowledge that this is a case that did raise a series of recommendations. All of those recommendations have subsequently been implemented by the DCA, with the exception of the policy in terms of waivers. Work is ongoing with advice from the Department of Justice included in the consideration.

Commonwealth’s Radioactive Waste Amendment Bill 2006 – Effect on Territorians

Mr KNIGHT to MINISTER for CENTRAL AUSTRALIA

I am sure people in the gallery from Central Australia and the members of the Katherine No Waste Action Group will be interested in the answer. Is the minister aware of the effect on Territorians of the Commonwealth’s Radioactive Waste Amendment Bill 2006?

ANSWER

Madam Speaker, I thank the member for Daly for his question. I acknowledge the traditional owners who have travelled from across the Northern Territory to be here today. Welcome to Darwin. I trust that the answers we give today will go part of the way in dealing with what is a very insidious, a very contemptuous, exercise on the part of the Commonwealth government, aided and abetted by a very weak-kneed CLP government.

Mrs Miller: Thanks a lot.

Mr McADAM: That’s fine. Would you like me to repeat it? I am aware that a number of submissions have been made to the Senate Employment, Workplace Relations and Education Committee expressing the concerns of Territorians. These concerns regard the bill introduced by the Minister for Education, Science and Training that now opens the way for the establishment of a nuclear waste dump without consultation with Territorians. Amendments to the various items of legislation take us one step closer to the dump by taking away, as I said, the rights of all Territorians. Traditional owners will not have to be consulted, nor will any other landowners, including pastoralists, farmers, tourism operators, or any other Territorian for that matter.

Pastoralists have expressed their concern as to the effect that a dump will have on their property prices. I know that because I have had numerous deputations on the part of pastoralists right throughout the Barkly region expressing real concerns about this proposed dump. The proposed legislation denies Territorians a fair go. I call upon the opposition to exercise whatever influence they can on the Commonwealth.

Mrs Braham: They have no influence.

Mr Henderson: None at all; they are lapdogs.

Mr McADAM: Gutless. The record of the Leader of the Opposition has been chequered in respect of this matter. Following the federal election, the CLP joined with us in condemning the Commonwealth proposal. The reason was quite apparent: the federal government lied to Territorians prior to the 2004 election by categorically denying that a nuclear waste dump would be built in the Territory. In the October sittings, the Minister for Natural Resources, Environment and Heritage moved a motion which, in part, called upon the Howard government to honour its election promises not to site a nuclear waste dump here in the Territory. However, the Leader of the Opposition, supported by the Commonwealth …

Ms Carney: Read it properly, Elliot.

Mr McADAM: I beg your pardon?

Ms Carney: Keep reading. Read it properly.

Mr McADAM: What I was going to say, that you very arrogantly …

Mr Mills: I expected more.

Madam SPEAKER: Order! Leader of the Opposition.

Mr McADAM: You very conveniently, quite arrogantly stated in respect of that motion introduced by the minister at that time that it did not deserve your time. That is a very strong indication in respect of your leadership and, more importantly, your contempt for the people of the Northern Territory. We can only wonder why.

Ms Carney interjecting.

Madam SPEAKER: Order!

Ms Carney interjecting.

Madam SPEAKER: Leader of the Opposition, please cease interjecting!

Mr McADAM: Thank you, Madam Speaker. In the absence of any cogent reason other than regurgitating the lines fed by their Canberra masters, we can only speculate. It is apparent that the CLP has been heavied by their Canberra bosses and have completely abandoned supporting and fighting for the rights of Territorians. The CLP hang dog attitude is best illustrated by the member for Greatorex who said: ‘I believe that the decision has been made, and we should now make the best of it’.

The Leader of the Opposition does not care if Territorians get a fair go or not. Her only interest is in toeing the line demanded by Canberra. Members on this side of the House are committed. We are fair dinkum in standing up for the rights of Territorians. No decent minded Territorian wants a nuclear dump here in the Northern Territory. There is a very important issue here. It is something which you people have all stood up for in the past: the ethos of a fair go, of being able to consult, talk to people, talk to the pastoralists, talk to the indigenous people …

Mr Wood: Give us the right information.

Madam SPEAKER: Order! Member for Nelson, cease interjecting.

Mr McADAM: Suffice to say, Madam Speaker, what we have here is a very contemptuous, a very arrogant opposition aided and abetted by a very contemptuous, arrogant Howard government. It is as simple as that.
Ombudsman’s Report – Criticism of the Development Consent Authority

Ms CARNEY to DEPUTY CHIEF MINISTER

On page 47 of the Ombudsman’s Report that you tabled last night, it describes a litany of failings by both the Department of Infrastructure and Planning and the Environment, and the Development Consent Authority. On that page, the Ombudsman finds:
    It was my contention that the DCA had, in the final analysis, unreasonably rejected all efforts to bring the matter to resolution.

The Development Consent Authority should be above reproach, yet it has been repeatedly criticised for being unreasonable by the Northern Territory Ombudsman. If the Ombudsman has no faith in the Development Consent Authority, what faith should other Territorians have in it?

ANSWER

Madam Speaker, I thank the Leader of the Opposition for her question, which goes to operational decision-making within the agency, or outside the agency in this case, in the case of the Development Consent Authority. It is not an area for which I have ministerial responsibility. I am happy to pass that question to the minister responsible.

Ms LAWRIE (Planning and Lands): Madam Speaker, I refer the Leader of the Opposition to page 51 of the Ombudsman’s report, which is a section headed ‘Response to Recommendations’, and I quote from the Ombudsman’s report:
    I am satisfied from the responses received from the department and DCA that all but recommendation 5 have been or are in the process of being appropriately actioned.

I remind the Leader of the Opposition …

Members interjecting.

Ms LAWRIE: I remind the Leader of the Opposition that this matter goes back to an investigation which commenced in June 1999, at which time …

Members interjecting.

Madam SPEAKER: Order! Opposition members!

Members interjecting.

Madam SPEAKER: Minister, please resume your seat. Opposition members, I remind you once again of Standing Order 51 - Leader of the Opposition, I would appreciate you listening:
    No member may converse aloud or make any noise or disturbance which in the opinion of the Speaker is designed to interrupt or has the effect of interrupting a member speaking.

From now on I will be issuing warnings. I will give people one more warning, and after that I will be asking people to withdraw from the Chamber. Minister, please continue.

Ms LAWRIE: Paraphrasing here, I have indicated in my answer already that the Ombudsman has recognised that both the department and the DCA have satisfied her with their responses to the recommendations, all but recommendation 5 which goes to the issue of written policy in terms of waivers. I have indicated in my previous answer that that is a matter currently under consideration, relying on advice from other agencies, including the Department of Justice. I have full confidence in our current chair of the DCA, Mr Peter McQueen, in handling this recommendation appropriately. This matter goes back to a time, commencing in June 1999, when Mr Fred Finch was chairman of the DCA, and carried through and was concluded during the time Mr John Pinney was chairman of the DCA. What I indicate very clearly and strongly - so that the opposition is under no illusion – is that I have absolute confidence in our chairman of the DCA, Mr Peter McQueen.

I am pleased that the Ombudsman indicated satisfaction with both the department’s response and the DCA’s response to all but one of her recommendations; that being recommendation No 5, which I have already indicated in my previous answers - and will reiterate - is currently under consideration.
Sporting Achievements of Young Territorians

Mr KIELY to MINISTER for SPORT and RECREATION

I acknowledge inspiration for this question has come from the member for Blain. Territorians have a fantastic lifestyle, and our great lifestyle produces many sporting champions and sporting success stories. Could you please inform the House on any outstanding achievements by young Territorians recently?

ANSWER

Madam Speaker, I thank the member for his question. I am sure the member for Blain will join me in congratulating these young Territorians who were recently drafted into the AFL - a great achievement by our own Nathan Djerrkura, Joe Anderson, Alwyn Davey, and Malcolm Lynch.

Nathan was born in Gove and is training very hard with the Cats because he has relocated to Geelong. His mum, Jenny, is one of the proudest mothers in the country at the moment and keeps saying that she is the mother of an AFL player. He was chosen by Geelong because of his great pace. Previously, he was part of the Northern Territory Institute of Sport program. He relocated to Melbourne for his last year of school and, in 2006, played with the All Australian Under 18 team. He averaged 22 possessions per game for NT Thunder, and he received the McLean Medal for NT Thunder Best and Fairest in 2006.

Joe Anderson from Darwin is a direct product of the Northern Territory Institute of Sport. He has a long family history in Darwin, and with the Darwin Buffaloes. He was picked up by Carlton. He was coached by Damian Hale at the Northern Territory Institute of Sport. He starred in last year’s AFLNT grand final, as a hard-working defender. He also received the 2005-06 season Best and Fairest for Buffaloes, and he was the Under 18 NT Thunder captain. In September, he represented the Australian Allies Team, along with Nathan, which played against Victoria.

Alwyn - better known as Froggy - Davey, is 20 years old and is a younger brother to AFL footballer, Aaron, a star player in the 2006 season for the Demons. He was picked up by the Bombers. He was a former Palmerston Magpie player currently playing in the South Australian Football League for South Adelaide. Already, he has twin boys and another on the way. It must be the first time a father of two - soon to be three - children has been drafted to the AFL. He was picked up for his blistering speed and agility.

Last, but not least, Tiwi Islander, Malcolm Lynch, was drafted by our own Darwin Doggies. He toured South Africa in 2006 with the AFL indigenous team, and played locally for Southern Districts. He is another quick and agile player who was recruited after coming through the Territory AFL development program, and then relocating interstate to chase his dreams.

These four fantastic young men join other AFL success stories such as Xavier and Raphael Clarke; Nathan Buckley; Joel Bowden; Michael McLean; Gilbert McAdam; Darryl White; Andrew McLeod; Jason Roe; and Matty Whelan.

None of us forget other sporting achievers such as Desmond Abbott who has just made the 2007 Hockeyroos squad and James McManus who will, hopefully, make his NRL debut with the Newcastle Knights in Darwin next year following a stint at the AIS in Canberra.

There are great female athletes such as inspirational international triathlete, Sophie Hawken, and netballer, Karyn Bailey, who has recently jointed the ranks of the Hunter Jaegers in the national netball league. In football, previously known as soccer, John Tambouras is playing in a national league team in Malaysia.

We are very proud of all these young men and women. They are all locally produced - Northern Territory-produced fine athletes. The reality is that Northern Territory people are all mad about sport. If you go on Saturday and Sunday to some of the ovals, you will see many young people and parents.

I congratulate these four young men. I am looking forward to more people being drafted, not only in AFL, but other sports around Australia and the world.
Tree Point Conservation Area - Problems

Mr WOOD to MINISTER for NATURAL RESOURCES, ENVIRONMENT and HERITAGE

It is good to see you back, minister, and our best regards to your family. Your department is in charge of the Tree Point Conservation Area at Shoal Bay near Gunn Point. As you would have seen in the story in the NT News last week, there are quite a few problems associated with people driving along the beach and across the dunes in that area. Even your own signs telling people to stay out have been flattened. What is your department doing about the problems? When will the government consider stationing a full-time ranger in the area so there can be policing of this popular, but fragile, area? When will the government declare the rest of the coastal strip to the north of Tree Point a conservation area?

ANSWER

Madam Speaker, I thank the member for Nelson for his question. I know it was an issue raised in the Northern Territory News on 22 November. Around 20 November, my office received a call advising that the signs prohibiting vehicles in the Tree Point Conservation Area had been ripped out and the area trashed. Unfortunately, this has been an ongoing problem and something which causes great frustration at Parks. I have met with some of the people there, and had a look at what those actions have caused. It is regrettable that the reckless actions of a few can have such a detrimental effect on our precious natural resources.

It is illegal, as you would know, member for Nelson. Park rangers have been trying to monitor and patrol that area to ensure compliance with the regulations under the act, and to catch people who are illegally driving onto the reserve. Some barriers and fences have been erected to prevent this from occurring. Despite all of that, there are some people who are still getting through and ignoring the by-laws.

In an effort to stem some of the actions, Parks and Wildlife rangers from Howard Springs are visiting the area all the time. They will go out there every weekend. We know that when the rangers are out there people will behave themselves.

There have been calls from people to have the area protected along the lines of the Casuarina Coastal Reserve. This is not valid as the visitor use of the area is quite different. It would be impossible to close off the Tree Point reserve area because the road continues on to Gunn Point, an area that has been enjoyed by many generations of responsible Territorians for fishing, camping and beachcombing.

The foolish actions of a few do lead to the cancellation of enjoyment for those who treat the area responsibly. It is my understanding in talking to Parks that rangers have re-erected the signs, cleaned up the rubbish, and checked the fence for damage and repairs.

I urge, member for Nelson, and anyone else who sees vehicles illegally accessing the beach at Tree Point to report those findings to Parks, so that appropriate action can be taken by Parks and Wildlife. In my discussions with them, very few of those complaints come through. We need to have those complaints so that Parks can take action under the act.
HomeNorth – Impact of Interest Rate Increase

Mr BONSON to MINISTER for HOUSING

The Reserve Bank of Australia announced an interest rate increase earlier this month. Could the minister please outline to the House how this will impact on HomeNorth clients in the lead up to Christmas?

ANSWER

Madam Speaker, I thank the member for Millner for his question. Early this month, the Reserve Bank increased the cash rates by a quarter of a percent. This is the third consecutive increase in interest rates in 2006 for Australians who are buying their home, and the fourth since March 2005. This is an important issue for many Territorians and this government has bolstered its commitment to assisting Territorians on low to middle incomes in regards to home ownership.

This morning I had the pleasure of visiting two HomeNorth Extra clients who live in the Fannie Bay area, Sam Martin and Cara O’Connor. I thank them very much for the opportunity to discuss this initiative with them. During the course of that meeting I was pleased to announce that the government will postpone passing the November interest rates onto HomeNorth clients until the `new year. This government is pleased to be able to take some of the pressure off HomeNorth clients during the Christmas period.

It is very important for those people who are on low incomes, some of those people who are battling, and it is recognition by this government of the importance of getting people into home ownership.

Mr Wood: Land is too dear. You can do something about that.

Mr McADAM: I am quite happy to answer that question at a later stage. The point is that, clearly, this government has recognised the importance of home ownership and accordingly we acknowledge those people by not passing or deferring the interest rates on until 15 January of next year.

In the case of an average home loan of around $200 000, this will basically allow them to have approximately $72 in their pocket over the next two months. As I said, not only will that apply to Sam and Cara in Fannie Bay, it will also apply to 1000 other HomeNorth clients as well. To all our HomeNorth clients, we thank you for your ongoing commitment to home ownership in the Northern Territory. This government is very pleased to acknowledge you.
Ombudsman’s Report – Criticism of the Development Consent Authority

Ms CARNEY to MINISTER for PLANNING and LANDS

You advised in a previous answer that you knew nothing about the contents of the Ombudsman’s report prior to it being tabled. I remind you of your obligation not to mislead the parliament. Minister, will you answer this question: do you seriously expect Territorians to believe that you as minister knew nothing about the long running issue – it had been going for several years – about the matter the subject of the report at page 49? In particular, were you not advised of your department’s advice as to how it might handle matters better in the future, and to a number of other allegations made in the report? Is it your answer that you knew nothing about any of this until yesterday?

ANSWER

Come in, spinner. Madam Speaker, the fact is that I did not read the Ombudsman’s report nor was I briefed on the contents of the Ombudsman’s report previously. Okay? This was tabled in the Chamber last night. I became aware of its existence and read it this morning. You may be referring to a section within the report that deals with the direct sale of Crown land which refers to a requirement for a minister to have received a copy of the Ombudsman’s report and the findings, and then if the minister is satisfied on the issues …

Ms Carney: No, we are not. We are talking about the other ones.

Madam SPEAKER: Leader of the Opposition, cease interjecting.

Ms CARNEY: A point of order, Madam Speaker. The minister is suggesting that I am referring to something that I am not. This is a very important question. I do ask her not to play, just answer the question, please - if you would direct her to do so, Madam Speaker.
Madam SPEAKER: Leader of the Opposition, there is no point of order. The minister is answering the question. Minister, please continue.

Ms LAWRIE: Specifically in relation to the issue of the direct sale of Crown land, there was a requirement for the agency to brief the minister in terms of the actions they had taken. I point out that the minister at the time was my colleague, the member for Johnston.

Ms Carney: We are not talking about that!

Madam SPEAKER: Order!

Ms LAWRIE: I was not the minister at the time when that briefing was required.

In relation to the issue of the building heights and the history of that, absolutely the first time I became aware of it was reading through this Ombudsman’s report this morning. I sought advice from the agency. The agency has provided me with that advice. It is a matter that goes back to June 1999. The report was concluded in 2003. I point out that at neither of those times was I the minister.

This is not a matter that has been a current topic for me as minister. No, I have not had any briefings or ministerial advice on this particular subject, or any of these issues contained in terms of the Department of Planning and Infrastructure since I have been the minister. I am more than happy to confirm that to you.
Road Safety – Roads Budget

Ms McCARTHY to MINISTER for INFRASTRUCTURE and TRANSPORT

The government recently announced a road safety reform package to tackle the Territory’s terrible road toll. Can you update the House on the government’s activities to improve Territory roads?

ANSWER

Madam Speaker, as we know, the Territory has a vast road network with only 23% of our roads sealed. The government is investing heavily to improve our roads. Our roads’ budget this year is over $130m. That is an increase of some $80m from the CLP’s roads’ budget in 2001.

Under a Labor government, we have committed an additional $50m annually on our roads. We are now spending the highest amount per taxpayer in the country on our roads. Just this month, we have awarded tenders worth more than $15m. That is $15m - all to Territory contractors - to help improve our roads:

the $13.3m Namatjira Drive Red Centre Way sealing project is a huge project which will deliver a new 48 km stretch of two-lane sealed road;
    a $2.1m Stage 2 of the Desert Knowledge headworks to Sitzler Bros, which includes roads and lighting works;
      $640 000 to Gilbert Earthmoving for pavement lifting and regravelling work of various sections of the Tanami Road, as part of $3m being spent this year to improve that important road; and
        last month, more than $5m was released for roadworks across the Territory, including upgrades to the Plenty Highway, Cox Peninsula Road, Victoria Highway, Nathan River Road and the Central Arnhem Road.

        I can also report that the construction of a new $1.7m bridge on the Central Arnhem Road over the Wilton River is on track with traffic expected to be using that bridge in December.

        Members interjecting.

        Ms LAWRIE: I was heading to check it out. The new bridge will greatly improve access in the Wet and a number of communities, including Beswick, Bulman and Ramingining will benefit. I acknowledge the interest the member for Arnhem has taken in this important roads project.

        The Territory’s vast road network possesses some significant maintenance challenges, but this Territory government is getting on with the job of improving our roads network. We are investing more than any other Territory government has done in our roads network. I ask the opposition to get their mates in Canberra to loosen those purse strings to give us some of their $15bn surplus to spend on our Territory roads.
        Speed Limits on Highways –
        Effect on Business

        Mrs MILLER to MINISTER for REGIONAL DEVELOPMENT

        You would be aware that for many remote communities and pastoral properties, the new 110 km/h speed limit will add, in some cases, three to five hours, and in other cases, eight to nine hours to their trips to major centres. This is to say nothing of the effect it will have on costs of businesses servicing those remote areas.

        What do you have to say to these people, and to these businesses, who make this trip twice weekly and drive to the conditions of the road? How are these added costs and times going to improve opportunities, development and the lifestyle for those in the regional, rural and remote areas of the Northern Territory?

        Members interjecting.

        Madam SPEAKER: Order, order!

        ANSWER

        Madam Speaker, I thank the member for Katherine for her question, however …

        Members interjecting.

        Madam SPEAKER: Order!

        Mr VATSKALIS: If I recall from my previous time as the Minister for Infrastructure and Transport, there has always been a speed limit of 110 km/h for trucks, road trains and buses.

        Mrs Miller: I am talking about the pastoralists.

        Mr VATSKALIS: All the cattle trucks that pick up cattle from cattle properties, or any other horticultural or agricultural properties, all along have been travelling at 110 km/h. You asked me what I have previously said to those people who live in remote communities or on cattle stations, who have to drive enormous distances on dirt and gravel roads: I would rather see them arriving alive and well than rolled down an embankment and killed.

        Mrs Miller: They have been arriving alive and well for many years.

        Mr VATSKALIS: We know very well that it does not matter what you do - and you travelled it and you had an accident - you know very well how situations can change very rapidly. You have to drive to the condition of the road. I have travelled on dirt roads here and in Western Australia. You would have to be a fool, or a suicidal maniac, to drive at 110 km/h, 120 km/h or 160 km/h on a gravel road. I would rather see all these people arriving at their destination alive than dead on a stretcher.
        Home Ownership – Government Policies

        Ms SACILOTTO to the TREASURER

        Owning your own home is an important part of our great Territory lifestyle.

        Members interjecting.

        Ms SACILOTTO: Can the Treasurer tell the House how many Territorians have been helped since the Martin government introduced the new stamp duty concessions in August 2002? How much money has been put back into Territorians’ pockets through these Martin government policies? How does the Martin government’s performance compare to the track record of the CLP?

        ANSWER

        Madam Speaker, I thank the member for Port Darwin for her question. I can tell from the guffaws opposite that the Territory lifestyle is yet another thing that the CLP hold in contempt, along with Territorians’ rights, along with the dignity of this Chamber.

        Members interjecting.

        Madam SPEAKER: Order, order!

        Mr STIRLING: We should not be surprised at that. Owning your own home is an integral part of lifestyle in the Territory. That is why we have placed housing as a key plank of building the Territory’s future.

        Since we came to office in 2001, we have put into place a number of quite significant and strategic initiatives around housing, one of which is stamp duty concessions. The very successful HomeNorth scheme that my colleague spoke about just before is another.

        Since August 2002, this government has provided 13 544 Territorians with either first home buyer or principal place of residence concessions. Of these, 5263 Territorians have received the first home owner concession with $24.5m returned to them; and 8281 Territorians received the principal place of residence rebate, providing some $15m back to the purchasers. In total, almost $40m was returned to the pockets of Territorians to help them build their lifestyle. In total, over that period of time, that is almost $14m more that provided under similar schemes by the CLP government.
        Fine Defaulters in Gaol

        Mrs BRAHAM to MINISTER FOR JUSTICE and ATTORNEY-GENERAL

        Much has been said about our overcrowded gaols and how many inmates there are at the moment. Our new road rules could result in even more people being incarcerated due to the number of fines that are going to be placed upon people. Can you tell me how many prisoners are in gaol at the moment for fine defaults? It is my understanding it is about 30%. Can you tell me what other measures government might consider for dealing with the number of fine defaulters in our gaols to lessen the number? Are there any other programs offered as an alternative for these people who have defaulted on fines? Do you use community service orders as a means of them paying their fines? Could you give us an accurate figure on how many are there at the moment?

        ANSWER

        Madam Speaker, I thank the member for Braitling for her question. Rather than the new road laws driving people into prisons, there is a far greater threat on our horizon: that is, the potential detention of illegal foreign fishers. We are in discussion with the Commonwealth about how that might be handled. The Commonwealth have a view that Darwin ought hold all of the illegal foreign fishers detected and apprehended - whether they are in Queensland or Western Australia, they should all come to the Territory. A particular difficulty for us, as the member for Braitling says, is that our prisons are just about at capacity - either right on or just under - at any time. There must be other ways of doing this, which is the premise behind the member for Braitling’s question.

        As of today, eight prisoners are fine defaulters, serving a sentence purely for default of payment of a fine; seven of those are illegal fisherman - so that suggests just one. However, there are currently 16 other prisoners serving a sentence or remanded in custody for other offences who are expiating their fine default debt at the order of the court. They are not officially counted as fine defaulters as they are serving time primarily for another offence. They do not fit that category you are talking about.

        How many are traffic offenders? If you look at what we have at the moment, 80 prisoners or 9.4% of the prison population is incarcerated for traffic offences: driving disqualified, drink driving, fail to obey signal, etcetera. How many prisoners are fine defaulters for traffic offences? None. In terms of that, it is not 30%; it is nothing like it. The system is looking after itself fairly well.

        Nonetheless, if there are too many prisoners in our judicial system, how might we go forward on that? One of the critical priorities for me, as the new minister for Justice, is to strengthen - both in numbers and the quality of the programs, in supervision and monitoring - the integration work that we want Community Corrections to do. They have been, without putting too fine a point on it, a neglected area of the whole division, compared to prisons. Prisons get all the money, all the resources, all the focus, because what happens in prisons is important, of course. However, what happens in the Community Corrections side could be a way, and we see it as a potential way, of driving down that 45% recidivism rate, with nearly half of them in the revolving door and coming back in.

        If we can make meaningful, significant interventions whilst they are out on community orders or under the control of Community Corrections, we might make inroads. That is an area that we are going to have to considerably strengthen: have certificate courses, accredited training and bring up the numbers.

        In relation to other ways, I have been looking and I have nothing ready by way of going to Cabinet yet, but other jurisdictions have what they call - there are a number of names for them – a conditional release centre. They might be like the juvenile diversion system works, so rather than going in to the correctional services side, to detention, they are diverted to a series of work orders or community-based type situations. South Australia has that and other states do too. We are looking at what sorts of models, how we might set them up, and most importantly where, costs and those sorts of things. As I said, it is too early to put too much detail around it yet. They are part of the mix of the thinking about how we go forward.

        We stand ready to assist the Commonwealth in relation to those numbers; we simply cannot at the moment. The Commonwealth understands that. They are predicting, and there is a range of scenarios - minister Vatskalis is an expert in this area, he followed it for years - but the more modest scenarios suggest something like 350 prisoners over the next couple of years. That is a prison in its own right. That is a new facility in the order of somewhere between $100m and $300m to build. That is one thing. The second thing is where you put it, design, and time frames for construction. It is very difficult to see that being achieved in a two year time frame.

        We will continue to work with the Commonwealth. Our view is if they want to build it, sure, and they want to pay us to run it, we will. I am not sure that they would be that keen to hit the tin for $300m for a new facility if there are other alternatives. We will continue to work through with them.

        Thank you for your question. It is an area exercising us quite strongly.
        Barkly Region Tourism Action Plan

        Ms McCARTHY to MINISTER for TOURISM

        The Barkly region has long been recognised as a town steeped in gold mining and pastoral history. Tourism is also a major contributor to the local economy. Can you inform the House of new initiatives to attract more tourists to the Barkly region?

        ANSWER

        Madam Speaker, I thank the member for Arnhem for her question. I am very pleased to be able to announce today the release of the Barkly Region Tourism Action Plan. A key role for this government, and me as the Tourism minister, is to ensure that we get maximum tourists to the great regions of the Northern Territory. I am very pleased to officially launch in the parliament today the Barkly Region Tourism Action Plan. There are copies for all members for their consideration. If you have not been through the Barkly yet, there are some wonderful experiences that will unfold before you. The Barkly is a unique tourism destination.

        The plan is an action plan. It has clear time frames and goals for various strategies, facilities and promotions to be developed. I pay tribute to everybody who has worked on this, particularly people in the tourism industry in the Barkly region. They have been working very hard on this for quite some time. I know my colleague, the member for Barkly, has attended a number of meetings and workshops which have developed this action plan.

        The plan aims to position the Barkly as the heart of the Northern Territory and home of the Devils Marbles. There are wonderful attractions currently in the Barkly region such as the Nyinkka Nyunyu Cultural Centre. I urge all members if you have not been to that cultural centre - it certainly blew me away when I went there three years ago. It is a fantastic cultural display in Tennant Creek. There is the Battery Hill Mining Centre, the Pink Palace, Tennant Creek Telegraph Station, the Pebbles, the Davenport Ranges are nearby, Elliott, and the iconic Devils Marbles. These and new attractions outlined in the plan make the Barkly region a great place for tourists.

        One of the key groups of tourists we are targeting is the self-drive spirited traveller, and those on coach tours. The aim of the plan is to extend visitor stays in the region. The Territory government has invested over $1.3m over the last 18 months on tourism projects in the Barkly region. It is probably the greatest investment in tourism in the Barkly region since self-government.

        We are committed to growing tourism in all our regional areas. The member for Barkly, Mr Elliot McAdam, never stops talking up the Barkly. He is very passionate. I urge all members to have a look at the plan and to take advantage when you are in Tennant Creek and the region and not just to drive through. Far too many of our tourists drive straight past. There are wonderful attractions in Tennant Creek and the region. Take time, stop …

        Members interjecting.

        Madam SPEAKER: Order!

        Mr HENDERSON: I did not hear the interjection from the Leader of the Opposition, but it probably was not positive because she does not have much positive to say about anything.

        I urge all members, as you are driving through, to explore the Barkly region. There are fantastic things to see. There are fabulous people to meet. As Tourism minister, I am keen to ensure that as many of the strategies in this action plan are implemented within the time frames in which they are committed.
        Road Safety – Passengers Accompanying Provisional Drivers

        Mrs MILLER to MINISTER for INFRASTRUCTURE and TRANSPORT

        Yesterday, the Chief Minister said during Question time, and I quote:
          If there is one thing which drives me through this whole change to our road safety, it is the young drivers out there, with the number of people running red lights and speeding, who are not experienced. .

        I draw your attention to the calls in New South Wales by Mr Robert Wells, father of one of the four young people killed in October in Byron Bay, that the number of passengers in a car driven by a provisional driver be limited to one. Today, the Opposition Leader presented a bill, which, if passed, would allow for only one passenger to accompany a provisional driver between the hours of 10 pm and 5 am. Will you support this restriction on young provisional drivers? If not, why not?

        ANSWER

        Madam Speaker, I thank the shadow minister for her question. The issue of a graduated driver licensing scheme, which is the subject of the legislation introduced in the Chamber today by the Leader of the Opposition, is a body of work that is currently under way within my department of transport. That was part of a recommendation by the Road …

        Members interjecting.

        Madam SPEAKER: Order!

        Ms LAWRIE: I note the Leader of the Opposition is laughing. I have to say I am utterly disgusted. We are talking about the deaths of young Australians, and you sit there laughing.

        Members interjecting.

        Madam SPEAKER: Order!

        Ms LAWRIE: Absolutely disgusting! At the previous sittings, I called for a bipartisan approach on road safety and I did that genuinely. I did it because we are talking about people’s lives. We are talking about the horrible carnage on our roads. One Territorian a week dies on our roads. Nine are seriously injured. We have an unacceptable toll. There are traumatic consequences for the families who are left behind and there are traumatic consequences for the individuals who survive those serious accidents.

        What we do know absolutely clearly is that our young are at the greatest risk. We, as a government, are the first government in the history of the Territory to sign up to introducing a graduated driver’s licensing scheme. We are the first government to sign up to introducing it.

        I note one of my colleagues earlier said words are mouthed by the opposition but we will judge you on action. I will be happy to be judged on the action that this government is taking on road safety reforms – reforms that would not be occurring if we were not in government because you are wiping your hands of a whole lot of important …

        Members interjecting.

        Madam SPEAKER: Order!

        Ms LAWRIE: … wiping your hands of a whole lot of important road safety reforms that very much need to be introduced.

        Ms CARNEY: A point of order, Madam Speaker! The minister is misleading the House in suggesting that we are washing our hands of this when we have issued policies and there are three bills in the House today. I ask that you direct her to tell the truth.

        Madam SPEAKER: Leader of the Opposition, there is no point of order. Please resume you seat. Minister, continue.

        Members interjecting.

        Ms LAWRIE: Thank you, Madam Speaker.

        Madam SPEAKER: Opposition members, cease interjecting. The next person who interjects will be on a warning.

        Ms LAWRIE: I note the interjection of the member for Blain, and he says I am not sincere. I say to you, I have never been more sincere about reforms in my life before. I am sincere about these road safety reforms. I am a Territorian, born and raised in the Territory. I understand the tragic consequences of our road toll. I know families who have lost people they loved, and I know people who are spending the rest of their lives in pain and suffering having survived a serious accident. As the minister responsible for disability services, I am only too well aware of the human cost, and the other costs, of serious injuries. Do not question my sincerity, member for Blain, I will take you on, on that one, any day.

        Young drivers are at the greatest risk. Evidence shows they are at their greatest risk in their first year on P plates. I am not going to discount any particular action of a graduated driver licensing scheme. What I will say, what the government has signed up to do, all of us, is to introduce a graduated driver licensing scheme. We will do that. We are signed up to do it. I am waiting on the detail of that scheme from my agency. I have met with Vic Roads and talked to them about the introduction of the 120 hour log books, for example. I have queried my own agency about how those actions can be implemented in the Northern Territory.

        I am aware some jurisdictions have picked up a limit on the number of passengers at night, others have not. I have asked the agency to find out why some jurisdictions are adopting it and others are not, and come forward with all that advice on the graduated driver licensing scheme.

        I will take note and read with real intent the legislation introduced today by the CLP. I am not ruling it in or out, but what I am saying is that the government is on the record as saying we will introduce a graduated driver licensing scheme, and we are very serious about saving the lives of young Territorians.

        Mr HENDERSON (Leader of Government Business): Madam Speaker, I ask that further questions be placed on the Written Question Paper.
        Last updated: 09 Aug 2016