Department of the Legislative Assembly, Northern Territory Government

2008-09-11

Royal Darwin Hospital – Nurse Staffing Crisis

Mr MILLS to CHIEF MINISTER

You would be aware of comments by your Minister for Health to this parliament yesterday that the minister accepts the Coroner’s findings in their entirety including that there was a nurse staffing crisis at RDH in 2006-07. Do you stand by your comments to this parliament on 20 February 2007, and I will table the Hansard, following a question by the then shadow minister for Health about the nursing crisis at Royal Darwin Hospital, that he was just scaremongering?

ANSWER

Madam Speaker, I thank the Leader of the Opposition for his question. The death of Mrs Margaret Winter was an absolute tragedy and the Coroner has conducted a rigorous investigation as to the causes and circumstances surrounding Mrs Winter’s death.

In regard to political debate in the Territory parliament back in 2007, the issues around the debate at that time surrounded an EBA that was currently being conducted between the Minister for Public Employment and the agency. That was very clearly where the debate was at that particular time.

If we are getting back to the tragic death of Mrs Margaret Winter, the Coroner went through a very thorough, independent, rigorous investigation as to the causes and circumstances of Mrs Winter’s death. They are there for everyone to see. There are five key recommendations, which the Health Minister has said, very clearly, will be implemented. As to where the blame was apportioned and where criticism was apportioned in the Coroner’s report, which has been the subject of intense debate and a censure motion yesterday, the Coroner has put out a media statement very recently, in the last half hour, and I quote from the statement from the Coroner. He says, very clearly:
    The Coroner does not comment on findings of inquests. The findings speak for themselves.

Mr Elferink: Your department misled him, or tried to.

Madam SPEAKER: Order!

Ms LAWRIE: A point of order, Madam Speaker! The member for Port Darwin is shouting while the Chief Minister is quoting from a media statement by the Coroner. He is interjecting - Standing Order 51.

Madam SPEAKER: Member for Port Darwin, while volume is not actually part of the standing orders, it is quite difficult to hear the Chief Minister, who has the call. I would appreciate any interjections being somewhat quieter. Thank you.

Mr HENDERSON: Thank you, Madam Speaker. This is may be, again, to the member for Port Darwin, he was laughing …

Members interjecting.

Madam SPEAKER: Order! The Chief Minister has the call.

Mr HENDERSON: Thank you. The member for Port Darwin was laughing, Madam Speaker, as you were making that ruling. This is …

Mr Elferink: That is rubbish! Madam Speaker, that is an outrageous slur and I reject it outright.

Madam SPEAKER: Order!

Mr HENDERSON: Well, you were. You were laughing. I saw you.

Mr Elferink: I was laughing at her and her mean-spirited attitude.

Members interjecting.

Madam SPEAKER: Order, honourable members! Chief Minister, please resume your seat. Standing Order 51:
    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.

Honourable members, I have been unable to hear the Chief Minister who has the call. I would appreciate a much quieter level of interjections.

Mr HENDERSON: Thank you, Madam Speaker. I will go back to the Coroner’s statement which he put out around half-an-hour ago:
    The Coroner does not comment on findings of inquests. The findings speak for themselves. Only one individual was subjected to adverse criticism, and that is why he was asked to be separately represented and indeed was by Mr Peter Barr QC.

This is a statement from the Coroner today that very clearly states, in light of significant public debate over the last couple of days, that only one individual was subject to adverse criticism.

Regarding the systemic failings in regard to the rostering and apportion of nurses at Royal Darwin Hospital, the minister has accepted the findings of the Coroner and those findings will be implemented, as they should, and as I would expect as the Chief Minister. This has been a tragic death. It is the responsibility of the government and of the minister to implement the recommendations made by the Coroner. That is what we will do; that is what we have done.
Criminal Law Policies

Mr GUNNER to CHIEF MINISTER

Can the Chief Minister please update the House on the steps our government has taken to immediately deliver on its tough criminal law policies?

ANSWER

Madam Speaker, I thank the member for Fannie Bay for his question. This morning, my government demonstrated that we are not wasting any time in implementing our law and order commitments that we took to Territorians during the recent election. This government firmly believes that some types of offences are so serious, and their effects on victims are so serious, that anything other than prison time is unacceptable. We agree with the community that repeat offenders should not be given easy access to bail. These were key issues that we took to the people at the last election, that we had a mandate for, and that we are implementing as soon as we possibly can. We took these issues fairly and squarely to the electorate.

The opposition took a firm position as well. Well, it started off as a firm position, that serious violent offenders should be given a second chance. That was the firm position with which the opposition started off their election campaign - and that was the television advertisements that were run, I think, a couple of weeks before the election that was called. Very clearly, the phrase from the Leader of the Opposition at the time, around two weeks before the election was called, was: ‘Commit your first offence and it is up to the court’. That was the policy of the Leader of the Opposition. It changed a couple of times as time moved on.

The community demands consistency, and that is what I am determined to bring as Chief Minister - a real deterrent - and that is what our policies will reflect. These are tough laws that we are introducing into this parliament; certainly, they are the toughest in the country. Given the nature and effect of serious violent offences, so they should be. I do not apologise for it.

Under this framework, every potential offender should be on notice from this side of the Chamber - there will be no second chances if you commit serious violent offences. That was the policy that we took to the election. That is what we will deliver in this term of parliament.
Royal Darwin Hospital –
Assistant Secretary for Health

Mr CONLAN to MINISTER for HEALTH

I note reports that the Assistant Secretary for Health, Peter Campos, has not been sacked but has been shifted to another department. In 2007, the Chief Executive of the Department of Health, David Ashbridge, renewed Mr Campos’ contract for a further three years. At the time, the Chief Executive was aware that there were at least four complaints against Mr Campos with the Office of the Commissioner for Public Employment, and a Coronial investigation was also under way.

How does a senior departmental person get a contract renewal when he is under serious investigation; and further, what bonus was paid to Mr Campos for meeting the department’s budget targets for 2006 and 2007?

ANSWER

Madam Speaker, I thank the member for Greatorex for his question. As I made it abundantly clear in this place yesterday, the hiring and firing of staff is squarely in the area of chief executive officers of our department

Mr Bohlin: What have they said about it?

Dr BURNS: What does the Public Sector Employment and Management Act say? I suggest to you, member for Drysdale that you take the time to read it. It states very clearly in there …

Members interjecting.

Madam SPEAKER: Order, order!

Dr BURNS: I will read section 24 of the act. It says:
    Functions of Chief Executive Officers


    (a) to direct the employees employed by or in the Chief Executive Officer's Agency;



    (c) to devise organisational structures and arrangements for the Agency;

So on and so forth.

The hiring and firing of employees is the purview of the Chief Executive Officer ...

Members interjecting.

Dr BURNS: It would be completely improper for a minister to interfere in the hiring and firing of employees ...

Ms Carney: You must have known about the complaints, minister.

Madam SPEAKER: Order!

Dr BURNS: Madam Speaker, in the interests of natural justice, the member for Greatorex has talked about complaints to the OCPE – complaints. He talked about an investigation by the Coroner. Until there is some definitive decision, either by the OCPE or the Coroner, in these matters, it would have been wrong for the Chief Executive Officer, on the basis of proceedings ongoing, to terminate his employment ...

Members interjecting.

Madam SPEAKER: Order!

Dr BURNS: This is the way the CLP would operate in government ...

Members interjecting.

Madam SPEAKER: Order!

Dr BURNS: This is the same party that, during the election campaign, promised to slash the public service. They have no respect for the public service whatsoever.

I was asked the same question in a media conference earlier about Mr Campos. ‘What was his future? What is going on there?’ As I answered that question outside, I will answer it inside. Mr Campos has a contract with government so there are two alternatives open. One is to terminate that contract and pay Mr Campos out; the other one is to find him employment elsewhere ...

Members interjecting.

Madam SPEAKER: Order! Order!

Dr BURNS: Madam Speaker, those are decisions …

Mr Elferink: A contract implies that you get bang for buck.

Madam SPEAKER: Order, member for Port Darwin! Minister, you have the call.

Dr BURNS: Thank you, Madam Speaker. Those are decisions, as I have outlined before, through the act, that squarely fall with the head of the department.

In relation to the other question asked by the member for Greatorex about whether Mr Campos or any other executive had been paid bonuses for bringing departments or sections in on budget, I am assured by the Chief Executive Officer that that is not the case.
Police Stations – Alice Springs
and Tennant Creek

Mr McCARTHY to CHIEF MINISTER

Since the election, you have visited Alice Springs and Tennant Creek to reaffirm your commitment to both towns and, in particular, to law and order. Can the Chief Minister outline what the government has committed that will improve the operation of the police stations in these towns?

ANSWER

Madam Speaker, I thank the member for Barkly for his question. As a government we are implementing a range of initiatives, and adopting fresh ideas about policing to deliver better results in terms of safety of the community right across the Northern Territory.

Examples include our Safer Streets policy, Police Beats initiatives, and the Bagot Police Post which, together, will deliver an additional 84 police officers right across the Northern Territory, an additional 12 auxiliaries, and that is on top of the 240 extra police we have put into our police force over the last seven years.

I am also conscious of the need to provide our police with equipment and facilities to support them in their job. There is also over $13m over the next couple of years to upgrade the police communications network across the Northern Territory. We are also investing in infrastructure to provide appropriate facilities for the police to work from across the Northern Territory.

Following my visits to Alice Springs and Tennant Creek earlier in the year to meet with local police, I made a commitment during the election that we will upgrade the existing police stations in these locations. I announced $6m to redevelop the Alice Springs Police Station, which has gone down very well. That station is almost 40 years old and it does not meet the needs of the police today.

I visited Tennant Creek a few weeks before the election, met with the police there, and could see very clearly that they have outgrown the police station. There is $2.5m to upgrade Tennant Creek Police Station, and that is on top of the work that is already under way. In Casuarina, there is $8m to upgrade the police station. Anyone who had been in that police station would see that it was in dire need of total redevelopment.

We are committed to resourcing our police force, providing the personnel for our police force after the decades in which they were run down under the CLP; equipping our police force; and providing them with the laws to make the Territory a safer place. Together with the capital funding, they will provide real job and economic opportunities with the upgrades in Alice Springs and Tennant Creek. We are a government that is on with the job. We have made these commitments and we will deliver on the commitments for our police force right across the Northern Territory.
Royal Darwin Hospital –
Assistant Secretary for Health

Mr CONLAN to MINISTER for HEALTH

Today, you said in a media conference that you were lied to by Peter Campos and former Chief Executive of the Health Department, Mr Griew. Is it not a fact that he has not been sacked, just given hush money, and this is an example of the culture of cover up at the level of the Health department?

Ms LAWRIE: A point of order; Madam Speaker! It is an offensive allegation being made.

Madam SPEAKER: Please pause. I will seek advice. Member for Greatorex, I ask you to reword the question so that it does not reflect on the minister.

Mr CONLAN: Madam Speaker, I am unclear how that reflected on the minister. It was simply highlighting something that took place at a media conference today.

Madam SPEAKER: I would like you to reword it, so that it is not …

Mr CONLAN: All right. Minister, today you said in a media conference that you were deceived by Peter Campos and former Chief Executive of the Health Department, Mr Griew. Is it not a fact that he has not been sacked? He has just been given hush money and this is an example of a cover up in the Health Department.

Ms LAWRIE: A point of order; Madam Speaker!

Mr CONLAN: Madam Speaker, the minister has created this mess. Surely he can answer the question.

Madam SPEAKER: Please pause, member for Greatorex.

Ms LAWRIE: Madam Speaker, I would say the allegation of hush money is absolutely an improper question under Standing Order 121.

Mr ELFERINK: A point of order, Madam Speaker!

Madam SPEAKER: Please pause. I will seek advice from the Clerk. I will allow the question.

ANSWER

Madam Speaker, I thank the member for Greatorex for his question. It is actually a very dumb question because, here in the gallery, we have members of the media who actually attended that media conference and who know that I did not say either of those confabulations or variations of the question, and trying to put words in my mouth that you did just then.

It is a very silly thing that you have done, member for Greatorex. It goes to the very heart of your integrity …

Members interjecting.

Madam SPEAKER: Order! Order!

Dr BURNS: … because, not only do they have a tape of what was said during that media conference, I have a tape of what was said at that conference as well. I can stand here and say I did not say that about the department. I can say that categorically.

In terms of the assertion about hush money and the spin that the member for Greatorex is trying to put on this, he should remember that he is not on 8HA any more. This is parliament. This is serious stuff ...

Members interjecting.

Madam SPEAKER: Order!

A member: A point of order; Madam Speaker!

Madam SPEAKER: There is no point of order. The minister has the call.

Dr BURNS: Thank you Madam Speaker. As I have said before, the employment and deployment of employees is a matter for the act. I will read the act for the benefit of the member for Greatorex.

Mr Bohlin: Has he retained his pay scale or has he been reprimanded?

Madam SPEAKER: Member for Drysdale, I ask you to cease interjecting. All questions come through the Chair and at the moment the minister has the call.

Dr BURNS: Madam Speaker, section 47:
    (1) Where a Chief Executive Officer –

    (b) is of the opinion that it is appropriate to suspend or transfer the employee,

and then going down to (e):
    (e) with the agreement of the Chief Executive Officer of another agency or as directed by the Commissioner - transfer the employee to perform duties in that other Agency.

    That is the answer to the question.
Alice Springs – Safer Community Initiatives

Mc McCARTHY to MINISTER for CENTRAL AUSTRALIA

We have heard the Chief Minister’s outline of this government’s plan to upgrade the police station in Alice Springs. Can you please advise the House of other announcements made by the Chief Minister to help make Alice Springs a safer place to live and work?

ANSWER

Madam Speaker, I thank the member for Barkly for his question. I am proud to stand here as the Minister for Central Australia with my first question on Central Australia.

In this House, we all know about antisocial behaviour and crime. It has been discussed over many decades in this parliament. It is wonderful to hear the Chief Minister announce, during Community Cabinet in Alice Springs, the partnership we have with the Alice Springs Town Council on putting the $1.1m into CCTV. That is not the only issue here. This government has realised that there has to be a monitoring process with the CCTV, and the extra $200 000 allocated for that process is wonderful for Central Australia and Alice Springs. It highlights to us that this government is serious about the safety of our families, the safety of visitors who come to our beautiful town of Alice Springs, and the safety of our children and ourselves when we go for coffee in the mall in Alice Springs.

I take this opportunity to thank the Chief Minister as head of the Labor government for taking considerable thought in the way that you have allocated the $1.1m for the CCTV, but also realising that the monitoring process of that portion is very important as well, and we do take Central Australia very seriously.
Royal Darwin Hospital – Nurse Staffing Crisis

Mr CONLAN to MINISTER for HEALTH

Why did David Ashbridge, Chief Executive of the Health Department, fail to advise you that he had met with Professor Brown, in which she set out how dangerous the problem had become with patient care as a result of nursing shortages? Is this not, once again, an example of the culture of cover up by senior officials in your Health Department?

ANSWER

Madam Speaker, I am being asked questions that really concern other people and other conversations …

Members interjecting.

Madam SPEAKER: Order! Order!

Dr BURNS: What, alleged conversations? This is very early on in the Assembly. I saw before, in the previous question, where the member for Greatorex tried to tell me what I said in a media conference when I had not even …

Members interjecting.

Dr BURNS: how can I believe him when he is talking about other people?

Members interjecting.

Madam SPEAKER: Order!
Regional Development –
Government’s Approach

Ms WALKER to MINISTER for REGIONAL DEVELOPMENT

Can the minister inform the House of the Henderson government’s fresh approach to regional development?

ANSWER

Madam Speaker, I thank the member for Nhulunbuy for my first question in this House. It is an important question. There is no doubt that regional development is one of the most enduring challenges that this government faces.

A strong and vibrant economy in the Territory should reach out to all parts of the Territory, no matter whether you are living in Yuendumu, Alice Springs, Pine Creek or Mataranka. That is why our economy, at the moment, affords us a great opportunity to reach out to all these regions and to turn our fresh ideas into real outcomes. These ideas include the Chief Minister’s recent announcements in amalgamating Regional Development with the Department of Primary Industry, Fisheries and Resources, and also to establish the Executive of these departments in Alice Springs. The new Department of Regional Development, Primary Industry, Fisheries and Resources will include the Executive Directors of Primary Industry and Regional Development, and also the CEO of the department.

This decision was not taken cheaply, because there is a broader agenda here. That is, we need our decision makers for this department to be as close as they can to the regions, and there is no better way to have that than in Alice Springs.

As well as this announcement, the Chief Minister announced yesterday the establishment of the Territory Growth Planning Unit. This will give a renewed focus to the coordinated and strategic approach needed to deliver real results across the Territory.

Madam Speaker, my focus and priorities as the new Minister for Regional Development will unashamedly be on the creation of real jobs in the regions and in the bush. I look forward to working with all Territorians across government to grow our regions.
Offenders Aid and Rehabilitation
Services NT - Investigation

Mr WOOD to MINISTER for JUSTICE and ATTORNEY-GENERAL

Mr Bill Sommerville resigned from the Offenders Aid and Rehabilitation Services NT, known as OARS NT, in July this year. Three weeks prior to his resignation, the Justice Department gave OARS NT a grant of $30 000 and, in August last year, the federal Attorney-General’s Department gave a grant of $245 000. Could you advise whether a report has been completed into the organisation’s funds? What was the outcome of that report? Is there any money missing? Has any contact been made with the former CEO, Bill Sommerville?

ANSWER

Madam Speaker, all of what the member for Nelson said was factual, except, I believe the federal government gave a significantly extra amount of money. My recollection is this is probably around $400 000.

This is a tragedy. OARS had the potential to be a fantastic organisation ...

Mr Tollner: Still does.

Dr BURNS: I know the member for Fong Lim was of great assistance when he was in the federal government - I am paying him a compliment now - to get some funding for OARS as it does fill a very important role. It is a real tragedy about Bill Sommerville - I have known Bill for many years, and I thought he was on the straight and narrow this time; I suppose everyone did. Obviously, money has gone missing there.

In direct answer to your question, I believe the federal government put around $400 000 into that; the Territory government put in around $30 000. At this stage, it is unclear exactly how much money is missing, but it is probably a substantial amount. Those investigations are ongoing.

I say to the House, that this government would like to see OARS continue. For those who are not familiar with its operations, they have a property in the rural area, which is a type of halfway house where prisoners can stay and pick up skills. They can work there after their release from gaol. They can work out where they are going in that transition from being in gaol to resuming a normal life.

As a government, we would like to see OARS continue. There is a lot of responsibility on the OARS Board because that is separate to government. However, we need to try to work together with the OARS Board and the Commonwealth to see whether we can resurrect OARS. I hope that the damage is not too great that it fails.
Alcohol Reforms - Evaluation

Mr McCARTHY to MINISTER for ALCOHOL POLICY

Can the minister inform the House on recent developments with the evaluation of alcohol reforms in Alice Springs and Tennant Creek?

ANSWER

Madam Speaker, I believe this government has been very active in the whole issue of alcohol reform and trying to address alcohol issues across the Territory. We have taken a philosophy that one size does not fit all, and have taken a different approach in different areas.

There has been much debate about the dry town in Alice Springs, and I know there are people who oppose it, or do not believe that it is working. That is why I have commissioned an independent review of the dry town. I made an announcement a week or 10 days ago that the Menzies School of Health Research will be carrying out that independent review. It is important for the residents of Alice Springs and government to see, through this independent review, exactly what has worked and what has not.

There are some pleasing early signs. Quarterly figures for the period to 31 March 2008 indicate the volume of pure alcohol purchased in Alice Springs was at its lowest level for five years. That is certainly a very promising statistic, because I am of the belief that the higher the alcohol consumption, the more likely there is to be harm.

Even though it is early days, reports from Tennant Creek suggest a dramatic fall in sobering-up shelter numbers following the commencement of dry town restrictions there that was instituted by the Liquor Commission. Stewart Naylor, CEO of the Barkly Region Alcohol and Drug Abuse Advisory Group, BRADAAG, has reported a significant drop in the number of presentations at the shelter. The past month has seen 164 people through the sobering-up shelter, compared to 304 last year. That is a pleasing statistic.

The Menzies School of Health Research is evaluating Alice Springs, and also having another look at Thirsty Thursday, as it was called, in Tennant Creek. Thirsty Thursday was used in Tennant Creek up to the 2000s and I have heard differing opinions from people who were exposed to it about whether it worked. Many people I spoke to believe it did not work; it just displaced the problem, both in terms of the location and the timing of the problem, but there are some people who believe that it did work. The Menzies School is tasked with reviewing that and drawing that evidence together and, I believe, reinterviewing some of the people who were involved.

This is a government that is determined to tackle alcohol abuse and alcohol-related crime head on.
Royal Darwin Hospital - Nurse Staffing Crisis

Mr CONLAN to MINISTER for HEALTH

Are you aware that the then Executive Director of Nursing, Professor Di Brown sent a very serious e-mail to Mr Campos about bed block and the dire situation regarding nurse staffing at the Royal Darwin Hospital? Are you also aware that Mr Campos’ reply to Professor Di Brown was: ‘Never put anything in writing’. Is this not just another example of the culture of cover up in the Department of Health?

ANSWER

Madam Speaker, once again, it is a valid question that goes to evidence given to the Coronial and associated with that. As has been stated here earlier, and as the Coroner said in his media release …

Ms Carney: It was not. This e-mail was not discussed in the Coronial.

Dr BURNS: … there was one person with adverse criticism in the Coronial, and that was Mr Campos. Madam Speaker, I can only reiterate …

Ms CARNEY: A point of order, Madam Speaker! The minister was specifically asked about whether he knew of the existence of an e-mail from Professor Di Brown to Peter Campos. Will the minister kindly answer, yes or no?

Madam SPEAKER: Member for Araluen, there is no point of order. The minister has the call.

Dr BURNS: Madam Speaker, the direct answer to that question is no.

What I was about to say to finish this answer is that it is important to notice, I have been saying it quite a few times today, that the senior management team within the hospital has changed. Now, at the very top, we have Dr David Ashbridge …

Mr Conlan: Shame, you lot should be absolutely ashamed of yourselves. You created this mess, it is a disaster.

Members interjecting.

Madam SPEAKER: Order!

Dr BURNS: … a very experienced medical officer who has had vast experience …

Mr Elferink: The attitude has not. What are they doing at the Supreme Court?

Ms LAWRIE: A point of order, Madam Speaker! The member for Port Darwin consistently ignores the standing orders in terms of interruptions.

Madam SPEAKER: Honourable members, I will read once more Standing Order 51:
    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.

Honourable members, it is common that there should be robust debate in this place, and it certainly would be my position. However, it is important to be able to hear the person who has the call. I would appreciate a lower level of interjections.

Dr BURNS: Thank you, Madam Speaker. To repeat, the senior management team within the Department of Health has changed, and it has changed since I have been Minister for Health. Mr Robert Griew has gone. He has been replaced by Dr David Ashbridge ...

Ms Carney: Yes, wow! What do you reckon about that one?

Dr BURNS: The other side is, obviously, attacking public servants. They wanted to attack them during the election campaign. Here is 7 August: ‘CLP leader, Terry Mills, has today vowed to phase out almost 5% of public service jobs over four years as part of a plan to save $50m a year’. That is what they think of the public service, Madam Speaker ...

Mr Elferink: What are you doing about what is happening in your department?

Madam SPEAKER: Order!

Dr BURNS: It comes as no surprise, this bedlam that is coming from opposite. I have much respect for David Ashbridge. I have known him for many years, a long time before I got into politics. I have seen him at work on Aboriginal communities as a doctor. I have seen him at work within the Health Department. I know that he spent some time in Canberra with the Commonwealth Health Department and was highly respected there. The skills that he brings back in terms of Commonwealth funding for health projects, the links that he has with the Commonwealth Health Department, are crucial with now the third phase of the intervention and implementing those very important primary health reforms within the Territory. I will defend David Ashbridge.

Mr Peter Campos has gone, replaced by Mr Peter Beirne, who is a very skilled financial coordinator. We have Dr Len Notaras as the General Manager of Royal Darwin Hospital ...

Members interjecting.

Madam SPEAKER: Order!

Dr BURNS: Obviously, from your interjections, you have no respect at all for Dr Len Notaras ...

Members interjecting.

Madam SPEAKER: Order!

Dr BURNS: Not only for Dr Notaras’ role during the Bali bombings and …

Members interjecting.

Madam SPEAKER: Order! Honourable members, I will be putting people on warnings in the next half-an-hour.

Dr BURNS: I will finish this answer very soon, Madam Speaker. As I outlined in my reply to the censure debate yesterday, Dr Notaras is square and centre in terms of Australian health care standards. He has a pivotal role, along with Professor Donald, in ensuring quality and safety at Royal Darwin Hospital.
______________________

Statement by Speaker
Sessional Order – Freedom of Speech

Madam SPEAKER: Honourable members, before we continue, I will read into the Hansard the sessional order relating to the naming of other people who are not members of parliament and our freedom of speech in this place. It is worthwhile to remind members of this:
    Freedom of speech

    (1) That the Assembly considers that, in speaking in the Assembly or in a committee, Members should take the following matters into account:
      (a) The need to exercise their valuable right of freedom of speech in a responsible manner;
      (b) The damage that may be done by allegations made in Parliament to those who are the subject of such allegations and to the standing of parliament;
      (c) The limited opportunities for persons other than members of Parliament to respond to allegations made in parliament;

      (d) The need for Members, while fearlessly performing their duties, to have regard to the rights of others; and
      (e) The desirability of ensuring that statements reflecting adversely on persons are soundly based.

    (2) That the Speaker, whenever the Speaker considers that it is desirable to do so, may draw the attention of the Members to the spirit and the letter of this resolution.
______________________
    Honourable members, this was the recommendation which was agreed to by the Fourth Report of the Standing Orders Committee. The motion was adopted and agreed to on 5 May 2005.

    I am reminding honourable members of this because allegations have been made about a number of people today in Question Time. I ask members to be mindful of their rights in terms of freedom of speech.
    School Infrastructure Upgrades

    Mr GUNNER to MINISTER for EDUCATION and TRAINING

    Can you please inform the House on our government’s commitment to school infrastructure upgrades this term?

    ANSWER

    Madam Speaker, I thank the member for Fannie Bay for his question. He knows that the Henderson government is committed to providing a quality education for every Territory child. To provide that quality education though, we must also provide quality school infrastructure for all our students. We want our schools and our students to be the best that they can be.

    Our election commitment was $246m over the next four years in our schools infrastructure upgrades program. This is the Territory’s biggest single investment in an infrastructure program for our schools, and it will deliver the better facilities that we need for our students and teachers right across our Territory.

    Seventy-four government primary schools and large group schools, that is a school with over 95 students, will receive $300 000 over the next four years. It will not be the department that will make that decision; that money will go to the school community or school councils, and they will be able to identify, through their school improvement plans, how to use those funds. Going around the Territory, talking to all those school councils and school communities, they have said how much they value that autonomy. This also includes in the bush. They are the ones making the decision where best to use the $300 000. It has been welcomed by parents. It is welcomed by the school councils. It is welcomed by the community, and certainly all of the teachers.

    This program will see 85 primary, middle and senior schools, community education centres in the bush, and homeland centres which have never been given any substantial funding, receive significant upgrades that we need as part of our commitment that children will receive an education.

    There will be major investments in upgrades in all our remote, urban, middle and secondary schools, and I could go through the list – it is quite significant. We on this side are very proud of what we are rolling out. This is fantastic news. We know education is the key opportunity and it is essential that we continue to improve our schools to meet the needs of our young Territorians, and also for their teachers now and into the future.

    Madam Speaker, I will table the schools infrastructure upgrades throughout the Northern Territory.
    Royal Darwin Hospital – Nurse Staffing Crisis

    Mr CONLAN to MINISTER for HEALTH

    Professor Di Brown has attempted to tell you about the nurse staffing crisis at the Royal Darwin Hospital in person, face-to-face, on several occasions. However, on every occasion you have refused to speak to her. You cannot continue to abrogate your responsibility as Minister for Health any longer. Will you now step up to the plate, take responsibility and resign as Health minister of the Northern Territory?

    ANSWER

    Madam Speaker, I have never had a conversation with Professor Di Brown on the issues that the member for Greatorex is talking about ...

    Members interjecting.

    Madam SPEAKER: Order!

    Dr BURNS: Madam Speaker, if we are talking about nurses and where the buck stops, I will just refer them to what Yvonne Falckh , who is with the Australian Nursing Federation, said this morning. On ABC radio news at 7 am today, the announcer said:
      The Nursing Federation’s Yvonne Falckh says it is not acceptable the nursing shortage has not improved, but she has suggested the minister is not at fault.

    This is the quote from Yvonne Falckh:
      I do not think it is acceptable …

    Members interjecting.

    Madam SPEAKER: Order! Order! The minister has the call.

    Dr BURNS: Quoting from Yvonne Falckh:
      I do not think it is acceptable, but I will be looking at the, I will not say the buck stops with the hospital administration because I know they have been directed to act in certain ways from Health House. So I would go as far as to say the buck needs to stop at Health House.

    Madam Speaker, these are the comments by Yvonne Falckh who heads up the Australian Nursing Federation. I meet regularly with Yvonne. We have differences of opinion, and Yvonne is not backward in coming forward to criticise the government. She has reflected the views of the Coroner and she is representing nurses at Royal Darwin Hospital as well.
    Central Australia – Water Resources

    Mr McCARTHY to MINISTER for NATURAL RESOURCES, ENVIRONMENT and HERITAGE

    Central Australia is one of the driest areas in the driest inhabited continent. What is government doing to ensure that water resources are used wisely?

    ANSWER

    Madam Speaker, I thank the member for Barkly for his question. Government recognises that water needs very careful management, particularly in Central Australia. We know that we do not get much rain in Central Australia, and the member for Araluen would know that, so we have to be really careful in how we use our water.

    I am very pleased that government will now provide Central Australians with even more options to save water. From 2009-10, this government will provide up to 500 families in Central Australia with a $500 subsidy to purchase rainwater tanks. Combined with the existing subsidy on insulation, this will mean a very substantial $1000 rebate for each tank. With an average roof area, a rainwater tank in Central Australia can supply around 10% of annual water usage for water efficient households, helping to conserve precious groundwater. Some of the rebates of $100 will now be available to help people to fix leaking taps and toilets, install a flow regulator/aerators to bathroom or kitchen taps, and dual flush on toilet cisterns. These new initiatives build upon the very successful Waterwise Central Australia Rebate Scheme, where Central Australians get $50 off water saving devices, such as water efficient shower heads or tap timers.

    This government is working in partnership with Central Australians to conserve water for future generations. It is very important that we look after the environment and that we preserve the water that we have. We have to leave the environment and natural resources on the land so that our children and our grandchildren can benefit.
    Professor Di Brown - Approach to Minister

    Mr CONLAN to MINISTER for HEALTH

    In early 2007, did not Professor Di Brown attempt to speak to you at the Rapid Creek Markets to tell you about the nurse staffing crisis facing the Royal Darwin Hospital? Did you not refuse to speak to Professor Di Brown and, instead, fobbed her off to one of your advisors? When Professor Brown saw your advisor at the Royal Darwin Hospital, seeking a meeting to provide you with such information about that nursing shortage, did not your office refuse to meet with Di Brown? Why did you refuse to meet with Professor Di Brown? Again, is this not proof of the culture of cover-up facing yourself and the Health Department?

    ANSWER

    It is a good question, Madam Speaker. As everyone knows, I go to the Rapid Creek Markets from 7 am until 12 noon every Sunday. A variety of people come to see me about a variety of things. In many cases, it is constituents coming to see me with issues as their local member, or as someone who may be able to help them. Other people come to see me with ministerial issues, and I appropriately say to them: ‘If it is a ministerial issue, you need to speak …

    Members interjecting.

    Madam SPEAKER: Order! Order!

    Ms LAWRIE: A point of order, Madam Speaker! You have given many reminders to members opposite about their shouting and interjections, and they continue to shout.

    Madam SPEAKER: Indeed they do. Under Standing Order 51, members will be on warnings for the next lot of interjections.

    Dr BURNS: Madam Speaker, in answer to the question, I do not recall specifically meeting with Professor Brown. I meet with many people …

    Members interjecting

    Dr BURNS: Madam Speaker, I would not …

    Mr Westra van Holthe: You refused to meet with her. You ignored her.

    Madam SPEAKER: Order, member for Katherine!

    Mr Bohlin: If you do not talk to people, why do you go to the markets?

    Madam SPEAKER: Member for Drysdale, you are on a warning.

    Mr Chandler interjecting.

    Madam SPEAKER: Member for Brennan, you are on a warning.

    Dr BURNS: Madam Speaker, I would not be so rude as to fob someone off at the markets. Everyone who meets me at the markets knows that I talk to and engage with people. I do not particularly remember what the member for Greatorex is referring to. People drop in and out all the time and say hello and whatever. I do not specifically remember what the member for Greatorex is referring to. I say that, all through the equation in terms of the nursing shortage at Royal Darwin Hospital …

    Members interjecting.

    Mr Westra van Holthe: She tried to tell you what was going on and you would not listen.

    Madam SPEAKER: Order! Member for Katherine, you are on a second warning. The next step is removal from the Chamber.

    Dr BURNS: Madam Speaker, what I am saying is, consistently, I have been advised that the nursing shortage …

    Mr Tollner: Consistently, you have refused to listen.

    Madam SPEAKER: Order, member for Fong Lim!

    Dr BURNS: … at Royal Darwin Hospital was due to recruitment difficulties …

    Members interjecting.

    Madam SPEAKER: Member for Drysdale, you are on a second warning.

    Dr BURNS: Madam Speaker, the nursing shortages at Royal Darwin Hospital were a result of problems with recruitment. As I said outside here today, I was angry when I read the report of the Coroner that there was an individual putting blocks in the way of nursing recruitment at Royal Darwin Hospital.

    Mobile Child Protection Team

    Ms WALKER to MINISTER for CHILD PROTECTION

    I understand the Northern Territory now has a mobile child protection team. Can you tell the House more about this team?

    ANSWER

    Madam Speaker, I thank the member for Nhulunbuy for my first question in the House as minister. It is very appropriate, considering this week is National Child Protection Week. As the new Minister for Children and Families, I report to the House that it has been my great pleasure to be able to travel across the Northern Territory and meet with all the staff in Darwin and Palmerston, Tennant Creek, Alice Springs, and Katherine, and I look forward to getting over to Nhulunbuy as soon as possible.

    The Mobile Child Protection Team was established in April. Since then, the team has travelled to various locations throughout the Northern Territory. They are made up of a number of people who are very dedicated to the care and protection of children. They are among an extra 51 frontline child protection workers that we have put in place since 2001. This government is committed to child protection, which is clearly evident through our Closing the Gap on Indigenous Disadvantage.

    I congratulate the work of those eight who are in the team, and also all staff across the Northern Territory who have endured through very trying times these past 18 months. I inform the staff across the Northern Territory that I will be working very closely with them in our battle and commitment to protect the children of the Northern Territory.
    Royal Darwin Hospital - Nurse Staffing Crisis

    Mr CONLAN to MINISTER for HEALTH

    The opposition has obtained another highly embarrassing report into the poor treatment of nurses by RDH management following an incident at the hospital. The Ombudsman’s report has found that the Royal Darwin Hospital and the Department of Health and Community Services …

    Ms LAWRIE: A point of order; Madam Speaker! I suspect the report that the shadow Health minister is referring to is the one that is currently the subject of sub judice proceedings.

    Mr ELFERINK: Speaking to the point of order, Madam Speaker. I refer you to page 507 of the House of Representatives Practice, which deals with sub judice issues in the civil courts. I quote to you Speaker Sneddon who basically says that civil matters are a much lower standard than criminal matters, and the sub judice protocols of this House apply in a much lower level. I urge you, Madam Speaker, to find in favour of Territorians who need to know what is in that report, and a Health Minister who needs to know what is in that report.

    Madam SPEAKER: Member for Greatorex, can I listen to the question again, please? You have a copy of the report, do you?

    Mr CONLAN: I have a report here, which I am happy to table.

    Madam SPEAKER: I will seek some advice on this from the Clerk. Honourable members, I have sought some advice on this. If the member for Greatorex wishes to seek leave to table the report, I will allow him to do so. However, I would like to make a couple of comments first.

    I understand that the Office of the Attorney-General has advised that the current status of the court proceedings flowing from the statement of claim between David Ashbridge and the Ombudsman is that preliminary hearings have been conducted and further hearings are scheduled for 23 September 2008, and there is presently an agreement between the two parties that the interim draft investigation report not be published.

    I am very aware that this report is the subject of current court proceedings asking for a permanent injunction to restrict publication of this report. I am also aware that some of the report appears to have been published in the NT News. I will allow you to seek leave to table the report, but I will not allow it to be made public until I have received urgent advice from the Solicitor-General, as I am aware the report will contain names of ordinary Australian citizens who have no opportunity to respond in this place, and it could unfairly and unjustly name them.

    Mr CONLAN: Thank you, Madam Speaker. I will ask the question again.

    Madam SPEAKER: Do you wish to seek leave to table the report?

    Mr CONLAN: Madam Speaker, I seek leave to table this report.

    Leave denied.

    Members interjecting.

    Madam SPEAKER: Order! Order! Member for Port Darwin, you are on a warning. This parliament has procedural …

    Members interjecting.

    Madam SPEAKER: Order, Deputy Chief Minister! Member for Greatorex, you may start your question again.

    Mr CONLAN: This very embarrassing Ombudsman’s report found the Royal Darwin Hospital and the Department of Health and Community Services has misled the HCSCC ...

    Ms LAWRIE: A point of order, Madam Speaker! The question goes to the content of a report that is currently sub judice.

    Members interjecting.

    Ms LAWRIE: He was just referring to the draft report in the question.

    Madam SPEAKER: Please resume your seat. We will hear what the question is and then I will make a decision.

    Mr CONLAN: Madam Speaker, the question is: why has the Department of Health wasted thousands and thousands of taxpayers’ dollars to take the Ombudsman’s Office to the Supreme Court to keep you from seeing it, minister? What are you doing to address the culture of cover up in your department, or do you condone this sort of behaviour?

    Madam SPEAKER: Please resume your seat, I am seeking advice.

    Members interjecting.

    Madam SPEAKER: Order! Order! Minister for Health, I will allow the question.

    Dr BURNS: Thank you, Madam Speaker. To clarify the situation and the question asked by the member for Greatorex, this is actually …

    Members interjecting.

    Dr BURNS: Please listen. What I am going to say here is very important. This is a draft report, from the Ombudsman, and …

    Members interjecting.

    Madam SPEAKER: Order!

    Dr BURNS: Please give me the courtesy and listen to the reply that I have. You have asked a question, and I will respond to it in a very direct way.

    This is a draft report. The usual process with one of these reports, where there is an adverse finding between the Ombudsman and an agency, is that there is a process of negotiation between the agency and Ombudsman about the contents and findings of the report. That has been going on for years, long before we ever came to government. Once agreement is reached, that report is then tabled in the Legislative Assembly. So, it is not for me, it is for this whole Assembly ...

    Members interjecting..

    Madam SPEAKER: Order!

    Ms LAWRIE: A point of order, Madam Speaker! There are members who are on their second warning who are still interrupting.

    Members interjecting.

    Madam SPEAKER: Order! Order, member for Greatorex!

    Dr BURNS: Madam Speaker, I am keen to answer this question. The major issue of conflict between the department and the Ombudsman is around the naming and comments made about some nursing staff at Royal Darwin Hospital …

    Members interjecting.

    Dr BURNS: No, let me finish, please. You have asked the question.

    Madam SPEAKER: Order! Member for Drysdale, I ask you to leave the Chamber for one hour.

    Dr BURNS: Madam Speaker, I will resume. Some assertions and statements within the Ombudsman’s report were thought to be defamatory towards two nursing staff at Royal Darwin Hospital who felt that they had not been afforded natural justice to respond to them. It is not only the department that is involved in this legal action, it is also Counsel for some of the nurses that are involved. The issue …

    Mr Tollner interjecting.

    Madam SPEAKER: Member for Fong Lim, cease interjecting!

    Dr BURNS: The issue at stake here is not findings around the original incident, which was a fall at Royal Darwin Hospital in 2003, and the department has accepted those elements of the report. The issue and the court case revolves around these defamatory statements. The department contends that they are defamatory, because this is …

    Members interjecting.

    Madam SPEAKER: Order! Order!

    Dr BURNS: This is a very important issue, because the department wishes to protect the interests of its employees who feel that they have been defamed.

    There is another issue at stake here ...

    Members interjecting.

    Madam SPEAKER: Order!

    Dr BURNS: That is, by tabling this report …

    Members interjecting.

    Madam SPEAKER: Order! Please resume your seat, minister.

    Honourable members, there are only a few minutes left in Question Time, but I am very concerned about the level of disorder in the Chamber. I ask that for the next few minutes members listen to the answer to this question with as much orderliness as possible.

    Dr BURNS: Thank you, Madam Speaker. The last thing I ask the member for Greatorex to consider in his wish to table the document, is that this document is a draft, first of all and, second, this is a document of this whole parliament to be tabled in here following an appropriate process which is laid out in certain acts. You are trying to short circuit it. I am not trying to avoid what is in that report. I will face that when it comes up ...

    Members interjecting.

    Madam SPEAKER: Order!

    Dr BURNS: The crucial issue before the Supreme Court of the Northern Territory is that the Department of Health is contending that some of the statements within that report are defamatory against nurses at Royal Darwin Hospital.

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