Dr LIM - 1997-11-27
I note there is another attempt at federal level to interfere with Northern Territory laws. What is the Chief Minister's response to plans by Democrat Senator John Woodley to place a motion on notice today calling on the federal government to immediately overturn the Northern Territory government's mandatory sentencing law?
ANSWER
Madam Speaker, this is yet another shameful example of federal parliamentarians seeking to interfere in our affairs. I hope that members opposite will support the government in rejecting outright any support for a motion that interferes with the rights of Territorians to determine these matters for themselves. The Democrats are attempting to launch themselves on to the Territory political scene. Let them be on notice that the CLP will not stand by and allow this sort of nonsense, whether it is in the Senate or in the House of Representatives.
In light of the forum that is being held in central Australia, let us get the facts clear about mandatory sentencing and how it works with juveniles. Many lies have been told about the way the legislation works. The simple fact is that people 15 years and under are not affected by this legislation. It applies to 16- and 17-year olds.
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Mr Toyne interjecting.
Mr STONE: The member for Stuart might well interject because his fingerprints are all over the misinformation that has been peddled around the Territory.
The other fact that is glided over very conveniently is that a juvenile is not incarcerated on a first conviction. It applies on a second conviction. Thus, all the safeguards are in place ...
Mr Bailey: Unless they fail to pay their helmet fines. Ten-year-olds would go to jail for not paying their ...
Mr STONE: I will pick up the interjection from the member for Wanguri in a moment.
All the safeguards are in place in terms of police cautions and the capacity for magistrates to deal with young offenders by way of a suspended sentence or a bond or allowing time to pay a fine, and it is only on the second conviction. The community is entitled to say that they have had their chance. It is more than one chance. In most cases, there could be 4, 5 or 6 opportunities before the magistrate finally says that enough is enough. That is the legislation that the Labor Party opposes.
The member for Wanguri sought to introduce the notion of people going to jail for failure to pay an on-the-spot fine. Let us deal with that bit of misinformation too. The reality is, as Territorians listening to this broadcast know, if you receive an on-the-spot fine, you simply fill in a form ...
Mr Bailey: A 10-year-old can go to jail for not paying a fine. There are no options.
Mr STONE: That is absolute nonsense. It is part and parcel of the problem with the member for Wanguri who continues to make those claims. If you are given an on-the-spot fine, you have an option. You can elect to go to court or you can elect to pay the fine. If you do not pay the fine, you take the consequences.
Mr Bailey interjecting.
Madam SPEAKER: Order! The member for Wanguri must not interject continually in that manner. I ask him to desist.
Mr STONE: Madam Speaker, the sad reality is that the Labor members do not want Territorians to hear these answers because they know that they are speaking out of both sides of their mouth. I put the Labor Party on notice that we will continue to explain the legislation and how it works fully to Territorians. We certainly will not be put off by these concerted programs of misinformation particularly those peddled by the member for Wanguri.
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ANSWER
Madam Speaker, this is yet another shameful example of federal parliamentarians seeking to interfere in our affairs. I hope that members opposite will support the government in rejecting outright any support for a motion that interferes with the rights of Territorians to determine these matters for themselves. The Democrats are attempting to launch themselves on to the Territory political scene. Let them be on notice that the CLP will not stand by and allow this sort of nonsense, whether it is in the Senate or in the House of Representatives.
In light of the forum that is being held in central Australia, let us get the facts clear about mandatory sentencing and how it works with juveniles. Many lies have been told about the way the legislation works. The simple fact is that people 15 years and under are not affected by this legislation. It applies to 16- and 17-year olds.
Page 25
Mr Toyne interjecting.
Mr STONE: The member for Stuart might well interject because his fingerprints are all over the misinformation that has been peddled around the Territory.
The other fact that is glided over very conveniently is that a juvenile is not incarcerated on a first conviction. It applies on a second conviction. Thus, all the safeguards are in place ...
Mr Bailey: Unless they fail to pay their helmet fines. Ten-year-olds would go to jail for not paying their ...
Mr STONE: I will pick up the interjection from the member for Wanguri in a moment.
All the safeguards are in place in terms of police cautions and the capacity for magistrates to deal with young offenders by way of a suspended sentence or a bond or allowing time to pay a fine, and it is only on the second conviction. The community is entitled to say that they have had their chance. It is more than one chance. In most cases, there could be 4, 5 or 6 opportunities before the magistrate finally says that enough is enough. That is the legislation that the Labor Party opposes.
The member for Wanguri sought to introduce the notion of people going to jail for failure to pay an on-the-spot fine. Let us deal with that bit of misinformation too. The reality is, as Territorians listening to this broadcast know, if you receive an on-the-spot fine, you simply fill in a form ...
Mr Bailey: A 10-year-old can go to jail for not paying a fine. There are no options.
Mr STONE: That is absolute nonsense. It is part and parcel of the problem with the member for Wanguri who continues to make those claims. If you are given an on-the-spot fine, you have an option. You can elect to go to court or you can elect to pay the fine. If you do not pay the fine, you take the consequences.
Mr Bailey interjecting.
Madam SPEAKER: Order! The member for Wanguri must not interject continually in that manner. I ask him to desist.
Mr STONE: Madam Speaker, the sad reality is that the Labor members do not want Territorians to hear these answers because they know that they are speaking out of both sides of their mouth. I put the Labor Party on notice that we will continue to explain the legislation and how it works fully to Territorians. We certainly will not be put off by these concerted programs of misinformation particularly those peddled by the member for Wanguri.
Page 26
Last updated: 09 Aug 2016