Ms CARNEY - 2003-11-27
I have written to some 300 clubs and associations about your government’s recent changes to the Associations Act. Many replied that they were not consulted, and that they were angry about the changes that will make life harder for the mum and dad volunteers in the 1700 clubs around the Territory, which, as you know, are the fabric of our community. Can you explain why it is that your government did not fully consult with the Territory’s clubs and associations?
ANSWER
Madam Speaker, at this stage I cannot give the full extent of the consultation that was done for the Associations Bill. However, I would like to be able to pass this question – not that I am avoiding it – to the Minister for Justice and Attorney-General who has carriage of it.
Members interjecting.
Ms MARTIN: Madam Speaker, maybe the opposition does not understand, but in here, different ministers have carriage of different legislation.
Members interjecting.
Madam SPEAKER: Order!
Ms MARTIN: Madam Speaker, in terms of an overall position, yes, I am happy to answer those questions. I will answer many of them in detail. But when it comes to what consultation was undertaken by the Department of Justice for the purposes of this legislation, I cannot give you that detail, but the minister can. I can assure Territorians I will be …
Mr Baldwin interjecting.
Madam SPEAKER: Order!
Ms MARTIN: Madam Speaker, while I can assure Territorians – I would like to say to the member for Daly that I do not have all these portfolios. We have a ministry that has …
Mr Baldwin: It is your government. You are the leader of it.
Ms MARTIN: Absolutely, and I accept responsibility.
Madam SPEAKER: Chief Minister, do not talk across the floor to them. You will only provoke them more, you know that.
Ms MARTIN: Sorry. I will pass the detail of this question to the Minister for Justice, quite appropriately, because he has carriage of the Associations Act. The Associations Act was reviewed, very importantly, because our clubs and associations are a very important part of our community. However, they have to work well, they have to be able to meet the demands of 2003 in terms of accountability. We have put considerable dollars into training for those who are involved in associations so that they do understand the standards and accountability that are expected, quite rightly.
In those terms, I can answer the question. We are committed to help those who are involved in associations. Having been involved in many associations myself, you struggle, as a committee, to meet the accountability requirements that you have. When you have people who are doing this in their spare time, and certainly sometimes they are complex, then of course we are putting adequate training in place. We will continue that training for a number of years because, as committee members turn over, you have to be able to support those who are new to the committees.
Madam SPEAKER: Chief Minister, wind up, if you are passing the question over.
Ms MARTIN: In that sense, I am very happy to say this is important legislation. We are putting in place the funds so that we can assist members of our community to be able to effectively function on committees of associations and, for the details, I quite appropriately hand to the Minister for Justice.
Madam SPEAKER: For the benefit of our visitors in the gallery, it has been the convention in this parliament that questions be directed to the minister responsible for that portfolio, and the Chief Minister has every right to pass over those questions.
Dr TOYNE (Justice and Attorney-General): Thank you, Madam Speaker. I am very happy to take this question, because I was certainly aware of the scurrilous attack that the member for Araluen made on me, as the midnight sniper, in the House last night.
Ms Carney: You should hear what people are saying about you. You lied to this parliament. You said consultations had been extensive and they were not.
Dr TOYNE: The conduct of the member is to be absolutely deplored, Madam Speaker. She has written to a number of associations, saying …
Ms Carney: A random selection of 300.
Dr TOYNE: … they were randomly selected and highlighted the penalties in some sections of the new Associations Act.
Ms Carney: Yes, because you were not about to do it, were you?
Dr TOYNE: She is scaremongering, she is playing politics with serious legislative reform.
Ms Carney: Because you did not tell them. They said this was the first they had ever heard of it.
Dr TOYNE: She is abusing her position of trust as a parliamentarian by running a scare campaign.
Mr DUNHAM: A point of order, Madam Speaker. He cannot claim that a member of this parliament writing to constituents is abusing trust. He cannot claim that. She is the shadow minister.
Madam SPEAKER: There is no point of order. I would like the opposition to settle down. We know it is the last day of the year but let us have a little decorum.
Dr TOYNE: Madam Speaker, the member does not tell people she has written to that the penalties are maximum penalties, and she knows very well, as a lawyer, how penalty provisions are structured and how they are applied. She does not tell the associations that the act does not commence until March 2004, and that there will be an extensive campaign of education and training. She could access details of that training and education simply by asking my office for a briefing, but she does not bother to get the facts. She does not bother to bring her concerns to me so that we can address them.
Ms Carney: What? Do you think the mums and dads can just ring up your office and get a briefing, do you?
Dr TOYNE: No, she races off and feeds this claptrap to the associations, and then comes in here claiming that we have not fully informed them.
Ms Carney: Rubbish! This is great. Keep it coming. I will send the Hansard to them and they will see you for what you are, you little grub.
Madam SPEAKER: Cease, minister, cease. This is Question Time. You have been asked a question - I would like the questions today to be shorter - would you get to the point.
Dr TOYNE: I am getting to the point, Madam Speaker.
Despite the insulting language used last night in this House against me, I will provide the following information. In October 2002, I announced the current Associations Incorporation Act would be reviewed and replaced with more modern, appropriate legislation. The draft associations act and discussion paper were released for public consultation in February 2003. The release of the draft act and discussion paper was advertised widely in the NT News, regional papers, as well as on the NT government and Department of Justice web sites.
The draft act and discussion paper were available for downloading from the web site, and a significant number of documents were e-mailed to interested persons and organisations. Copies of the draft act and discussion paper were sent to key stakeholders, such as accountancy firms, CPI Australia, the Institute of Chartered Accountants, the National Institute of Accountants, and Law Society Northern Territory. Seminars on the draft act were held in Darwin and all regional centres in February and March. Approximately 200 copies of the draft act and discussion paper were distributed at these seminars. Fifteen written submissions were received. Those submissions have now been incorporated - in many cases, the ideas and the concerns - into the final bill that we introduced into this House.
When we come into this place and make information available to the members of parliament, the absolute minimum we would expect is that they would respect the processes that are announced freely in this House when they go out and peddle ideas around the community …
Ms Carney interjecting.
Dr TOYNE: The member for Araluen knew very well that the government was committing to a substantial education and information campaign, which is now being prepared and will go out to all of these associations. I call on her to stop peddling claptrap and trying to spread fear and anxiety around associations, when they will be getting all the information and training that they need to take up this new legislation.
ANSWER
Madam Speaker, at this stage I cannot give the full extent of the consultation that was done for the Associations Bill. However, I would like to be able to pass this question – not that I am avoiding it – to the Minister for Justice and Attorney-General who has carriage of it.
Members interjecting.
Ms MARTIN: Madam Speaker, maybe the opposition does not understand, but in here, different ministers have carriage of different legislation.
Members interjecting.
Madam SPEAKER: Order!
Ms MARTIN: Madam Speaker, in terms of an overall position, yes, I am happy to answer those questions. I will answer many of them in detail. But when it comes to what consultation was undertaken by the Department of Justice for the purposes of this legislation, I cannot give you that detail, but the minister can. I can assure Territorians I will be …
Mr Baldwin interjecting.
Madam SPEAKER: Order!
Ms MARTIN: Madam Speaker, while I can assure Territorians – I would like to say to the member for Daly that I do not have all these portfolios. We have a ministry that has …
Mr Baldwin: It is your government. You are the leader of it.
Ms MARTIN: Absolutely, and I accept responsibility.
Madam SPEAKER: Chief Minister, do not talk across the floor to them. You will only provoke them more, you know that.
Ms MARTIN: Sorry. I will pass the detail of this question to the Minister for Justice, quite appropriately, because he has carriage of the Associations Act. The Associations Act was reviewed, very importantly, because our clubs and associations are a very important part of our community. However, they have to work well, they have to be able to meet the demands of 2003 in terms of accountability. We have put considerable dollars into training for those who are involved in associations so that they do understand the standards and accountability that are expected, quite rightly.
In those terms, I can answer the question. We are committed to help those who are involved in associations. Having been involved in many associations myself, you struggle, as a committee, to meet the accountability requirements that you have. When you have people who are doing this in their spare time, and certainly sometimes they are complex, then of course we are putting adequate training in place. We will continue that training for a number of years because, as committee members turn over, you have to be able to support those who are new to the committees.
Madam SPEAKER: Chief Minister, wind up, if you are passing the question over.
Ms MARTIN: In that sense, I am very happy to say this is important legislation. We are putting in place the funds so that we can assist members of our community to be able to effectively function on committees of associations and, for the details, I quite appropriately hand to the Minister for Justice.
Madam SPEAKER: For the benefit of our visitors in the gallery, it has been the convention in this parliament that questions be directed to the minister responsible for that portfolio, and the Chief Minister has every right to pass over those questions.
Dr TOYNE (Justice and Attorney-General): Thank you, Madam Speaker. I am very happy to take this question, because I was certainly aware of the scurrilous attack that the member for Araluen made on me, as the midnight sniper, in the House last night.
Ms Carney: You should hear what people are saying about you. You lied to this parliament. You said consultations had been extensive and they were not.
Dr TOYNE: The conduct of the member is to be absolutely deplored, Madam Speaker. She has written to a number of associations, saying …
Ms Carney: A random selection of 300.
Dr TOYNE: … they were randomly selected and highlighted the penalties in some sections of the new Associations Act.
Ms Carney: Yes, because you were not about to do it, were you?
Dr TOYNE: She is scaremongering, she is playing politics with serious legislative reform.
Ms Carney: Because you did not tell them. They said this was the first they had ever heard of it.
Dr TOYNE: She is abusing her position of trust as a parliamentarian by running a scare campaign.
Mr DUNHAM: A point of order, Madam Speaker. He cannot claim that a member of this parliament writing to constituents is abusing trust. He cannot claim that. She is the shadow minister.
Madam SPEAKER: There is no point of order. I would like the opposition to settle down. We know it is the last day of the year but let us have a little decorum.
Dr TOYNE: Madam Speaker, the member does not tell people she has written to that the penalties are maximum penalties, and she knows very well, as a lawyer, how penalty provisions are structured and how they are applied. She does not tell the associations that the act does not commence until March 2004, and that there will be an extensive campaign of education and training. She could access details of that training and education simply by asking my office for a briefing, but she does not bother to get the facts. She does not bother to bring her concerns to me so that we can address them.
Ms Carney: What? Do you think the mums and dads can just ring up your office and get a briefing, do you?
Dr TOYNE: No, she races off and feeds this claptrap to the associations, and then comes in here claiming that we have not fully informed them.
Ms Carney: Rubbish! This is great. Keep it coming. I will send the Hansard to them and they will see you for what you are, you little grub.
Madam SPEAKER: Cease, minister, cease. This is Question Time. You have been asked a question - I would like the questions today to be shorter - would you get to the point.
Dr TOYNE: I am getting to the point, Madam Speaker.
Despite the insulting language used last night in this House against me, I will provide the following information. In October 2002, I announced the current Associations Incorporation Act would be reviewed and replaced with more modern, appropriate legislation. The draft associations act and discussion paper were released for public consultation in February 2003. The release of the draft act and discussion paper was advertised widely in the NT News, regional papers, as well as on the NT government and Department of Justice web sites.
The draft act and discussion paper were available for downloading from the web site, and a significant number of documents were e-mailed to interested persons and organisations. Copies of the draft act and discussion paper were sent to key stakeholders, such as accountancy firms, CPI Australia, the Institute of Chartered Accountants, the National Institute of Accountants, and Law Society Northern Territory. Seminars on the draft act were held in Darwin and all regional centres in February and March. Approximately 200 copies of the draft act and discussion paper were distributed at these seminars. Fifteen written submissions were received. Those submissions have now been incorporated - in many cases, the ideas and the concerns - into the final bill that we introduced into this House.
When we come into this place and make information available to the members of parliament, the absolute minimum we would expect is that they would respect the processes that are announced freely in this House when they go out and peddle ideas around the community …
Ms Carney interjecting.
Dr TOYNE: The member for Araluen knew very well that the government was committing to a substantial education and information campaign, which is now being prepared and will go out to all of these associations. I call on her to stop peddling claptrap and trying to spread fear and anxiety around associations, when they will be getting all the information and training that they need to take up this new legislation.
Last updated: 09 Aug 2016