2015-12-03
Madam Speaker Purick took the Chair at 10 am.
STATEMENTS BY SPEAKER
International Day of People with Disability
Madam SPEAKER: Honourable members, each of you has on your desk a turquoise and orange ribbon which represents the International Day of People with Disability. This day, 3 December, marks International Day of People with Disability, a United Nations sanctioned day that unites people around the world in celebrating the achievements and contributions of people with disability.
Many of you would have heard the news this morning of a mass shooting in America at a disability centre. This is exceptionally tragic. I do not know what is going on in America, but I hope they get it sorted out soon. Our thoughts go out to the families of those who are injured or have lost their lives.
Members: Hear, hear!
Madam SPEAKER: Honourable members, last evening the member for Nhulunbuy raised the matter of the member for Stuart speaking in Aboriginal language by way of interjection, and alleged the tone and usage was potentially offensive and disorderly. Interjections are always disorderly, no matter what language they are in.
From time to time, with leave of the Assembly, a member will speak in language other than English. That has occurred in this parliament on numerous occasions, particularly when members give their inaugural speech and wish to reflect upon their heritage and culture in an authentic manner. However, for the transaction of everyday business the language of the Assembly is English. On that basis, should a member use a language other than English without the leave of the Assembly, it will be ruled disorderly and the member will be required to withdraw the words.
It is not desirable for the Assembly to enter into the business of seeking translation and interpretations to determine if words used were offensive or disorderly. It is desirable for good order to be observed by all members. Disorder is not permitted and the use of words in a language other than English to interject, or during debate, will be ruled disorderly and required to be withdrawn. If not withdrawn the consequences of disorder in chapter four of the standing orders will be the next step.
Mr ELFERINK (Leader of Government Business): Madam Speaker, I move that so much of standing orders be suspended as would prevent the bills entitled the Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015 (Serial 145) and Small Claims Bill 2015 (Serial 144) be introduced and debated together, and one motion and put in regard to the second and third readings of the bill, and that they be considered separately in the consideration in detail stage.
This is a straightforward cognation of the two bills because they directly wash over two separate items of legislation, both affecting the small claims jurisdiction. To deal with them separately would be unwise and the debate of this legislation would be incomprehensible unless you do them both together.
Ms FYLES: A point of order, Madam Speaker! Can the opposition clarify that they will be cognate and there is no urgency today?
Mr ELFERINK: There is no urgency. This is merely cognation, and as we proceed through the process and you are briefed on it the reasons will become manifestly clear.
Mr WOOD (Nelson): Madam Speaker, I seek clarification; my Notice Paper has that as item three. Has that changed?
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, in wrapping, I should have put the cognate motion up first yesterday.
The second reading speech has been written to capture both bills, and I need to get permission of the House to cognate them and then do the second reading for both bills. That is the reason this has occurred and there is nothing untoward here.
Madam SPEAKER: Member for Nelson, the government changed the Notice Paper just before 10 am so it is in order.
Motion agreed to.
Bills presented and read a first time.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I move that the bills be now read a second time.
The purpose of these bills is to:
transfer the small claims jurisdiction from the Local Court to the Northern Territory Civil and Administrative Tribunal, the NTCAT
provide that small claims must be commenced in the NTCAT
increase the jurisdictional limit of small claims from $10 000 to $25 000
provide that, within the small claims jurisdiction, legal representation is only to be provided with approval of the NTCAT
make amendments to facilitate the transfer of the small claims jurisdiction from the Local Court to the NTCAT.
The bills also streamline the determination of disputes and establish the NTCAT as the one-stop shop for disputes under the Cullen Bay Marina Act, the Unit Title Schemes Act and the Unit Titles Act.
Territorians deserve fast, fair and cost-effective justice. The government has a duty to ensure our justice system is as streamlined, efficient and accessible as possible, which is why the government established the NTCAT in 2014. I have consulted with the public, the legal profession and the judiciary in relation to these reforms. The incorporation of the small claims jurisdiction of the Local Court into the NTCAT provides the possibility of enhancing access to justice for minor civil matters.
Currently, small claims matters vie for priority with more substantial criminal and other matters before the Local Court. Conferral of the jurisdiction on the NTCAT will provide the public with access to a participatory based low-cost, less formal, less adversarial and more accessible dispute resolution mechanism. The small claims jurisdiction is an accepted and commonly used jurisdiction for the general public. In 2014-15 there were over 1600 small claims applications made in the Local Court.
It is anticipated that the improvements in the workability of the small claims jurisdiction that these bills facilitate will have a beneficial impact on community perceptions around the effectiveness of the justice system more generally, and the unburdening of court resources by reducing the workload of higher courts.
The Small Claims Act commenced on 2 July 1976, with a jurisdictional limit of $1000. The limit was amended on three occasions: in 1982 to $2000; in 1989 to $5000; and it was last amended 13 years ago to $10 000 in 1998. The current low monetary threshold of the small claims jurisdiction disadvantages business and is inadequate for the current economic climate. By having the limit set so low, it forces businesses and individuals to take disputes over minor claims - where more than $10 000 - to the general civil division of the Local Court. This is often a significantly more expensive and time-consuming process for our businesses and individuals. Quite often the costs outweigh the worth of the original dispute, meaning it is not worth the time, effort or money needed to effect justice in this area.
Small business owners and independent contractors are currently at a significant disadvantage when having to pursue outstanding unpaid debts. This can have a significant impact on their cash flows and the financial viability of their businesses. This disadvantages the business community in the Northern Territory and deprives them of cost-effective justice they would be able to achieve in a number of other jurisdictions around the country. This is particularly problematic for small businesses that may not bother taking disputes to court because it is ‘simply not worth it’.
It should also be noted that a 2014 public consultation process undertaken by the Department of the Attorney-General and Justice showed broad support for increasing the current jurisdictional limit under the Small Claims Act. Clause 5 of the Small Claims Bill 2015 therefore provides that the small claims limit for matters to be heard within the small claims jurisdiction of the NTCAT is to be $25 000. Such an amount, or value of the claim, is to be determined exclusive of any costs or interests that might be awarded by the NTCAT. By raising the limit from $10 000 to $25 000 we will allow more small businesses, family businesses and individuals to achieve justice and cut down on the backlog in the general division of the Local Court. As the increase in the monetary limit will allow more small claims to fall within the ambit of small claims disputes, it will give parties the benefit of the less formal procedure of the small claims jurisdiction.
What is a small claim? The current Small Claims Act creates the small claims jurisdiction in the Northern Territory within the jurisdiction of the Local Court. Under the Small Claims Act the Local Court currently dispenses with the rules of evidence when it exercises the small claims jurisdiction. Section 5 of the current Small Claims Act provides that a claim not exceeding $10 000 may be instituted in the Local Court under the Small Claims Act. The subject matter jurisdiction conferred under section 5 is currently limited to the recovery of amounts of money, performance of work of a particular value, relief from payment of money and return or replacement of goods. Section 5 is not designed to cover other matters that arguably involve more complex legal principles.
However, provisions of the current Local Court Act operate to modify the effect of section 5 of the Small Claims Act. Section 14(1) of the Local Court Act provides that the Local Court has a broad jurisdiction to hear and determine matters not exceeding $100 000, being a cause of action for damages, which includes an action in tort, or a debt or liquidated demand, a claim for equitable relief, or a claim concerning the right to ownership or possession of property.
Section 14(7) of the Local Court Act provides that any type of claim under the value of $5000 must be commenced under the Small Claims Act. Proceedings between $5000 and $10 000 can be commenced either under the Small Claims Act or the Local Court Act. Accordingly, current proceedings for claims between $5000 and $10 000 can be commenced either under the Local Court Act or the Small Claims Act. The way in which both the Small Claims Act and the Local Court Act operate also means that in practice, in relation to matters under $5000, the types of claims which may be determined as ‘small claims’ also include a broader range of claims, for example, equitable relief and damages.
Clause 6 of the Small Claims Bill 2015 establishes the small claims jurisdiction of the NTCAT. After consultation with the Chief Justice, Chief Magistrate and the President of the NTCAT, it was decided to transfer the jurisdiction to the NTCAT over only those matters specifically enumerated in section 5 of the existing Small Claims Act, for example, actions for debt recovery and liquidated relief. These types of minor civil matters lend themselves to the body hearing them, informing itself in any way it considers appropriate, and to act with as little formality and technicality as necessary. It is more appropriate that such a jurisdiction be vested in a tribunal which may determine matters in a more inquisitorial as opposed to adversarial fashion. On the other hand, the jurisdiction to determine claims - for example, in relation to equitable relief and damages - will remain with the Local Court. The jurisdiction proposed to be retained by the Local Court is conducive to being dealt with according to the rules of evidence. Further, it is anticipated that the jurisdiction to be retained by the Local Court is unlikely to amount to a significant number of matters.
The bill essentially ensures that all small claims matters are commenced in the NTCAT. However, there are appropriate exceptions being built into the process to ensure that legislative changes operate in a user-friendly and effective manner, for example, to allow a larger claim with a small claim component to be commenced in a more appropriate court.
The current Local Court Act, the new, yet to be commenced Local Court Act 2015, as well as the proposed Small Claims Act 2015, define a ‘claim’ as including a cause of action. Reliance upon the word ‘claim’ in the bills is intentional. This is because the claim, viewed as a whole, is determinative of what is the most appropriate forum to hear and determine a dispute. For example, when a claim has a small claims element, but also comprises subject matter within the original civil jurisdiction of the Local Court, under these changes the Local Court will have original jurisdiction to deal with all matters, including the small claims component before it. These matters will be discussed in more detail when I turn to the Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015.
Clause 7 of the Small Claims Bill 2015 provides for representation by a legal practitioner in the small claims jurisdiction only by leave of the NTCAT. This is in contrast to the current position. Currently, rule 4.06 of the Small Claims Rules provides that anything which can be done by a party may be done by the party’s legal practitioner or with leave of the court by some other person. The small claims jurisdiction is intended to provide people, many of whom could not afford representation, with cheap and expeditious access to justice that may otherwise be beyond their means. It is designed to encourage and support more people in commencing proceedings within the jurisdiction.
By having people represent themselves, instead of lawyers representing them, I believe that this will be a more cost-effective and fairer way of resolving small claims disputes. It may result in more equitable outcomes than was previously the case, for example, where one party does not have the means to engage a lawyer and has commenced proceedings, or is defending proceedings against a well-resourced litigant with representation.
It also brings the Northern Territory into line with a number of other jurisdictions that prohibit, subject to limited expectations, a lawyer or representative from acting for a party in similar small claims type jurisdictions.
The Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015, or the justice legislation bill, amends various acts consequential to these reforms to the small claims jurisdiction and the conferral of that jurisdiction upon the NTCAT. It also amends a number of NTCAT-related acts, for example, to improve consistency across the Northern Territory’s Unit Titles Schemes Acts.
The amendments to the Local Court Act, the Supreme Court Act and the Northern Territory Civil and Administrative Tribunal Act in the Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015 include transfer provisions that apply to all matters before the NTCAT. These new transfer provisions will not be limited to small claims matters only. While Section 99 of the Northern Territory Civil and Administrative Tribunal Act enables the NTCAT to strike out a proceeding, or part of a proceeding, if it can more appropriately be dealt with by another forum, the act currently does nothing to facilitate the transfer of proceedings to another forum if that other forum does not have jurisdiction to deal with the matter in the first instance. Such a provision was considered necessary to address circumstances where a matter is too complex for a tribunal and would be more appropriately dealt with by a court.
It was also necessary to accommodate those circumstances where the small claims or other tribunal matter relates to a larger claim in the Local Court or Supreme Court, and it would be appropriate that these matters be dealt with at the same time. Accordingly, Clause 24 of the Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015 inserts a new section 99A into the Northern Territory Civil and Administrative Tribunal Act.
This clause makes provision for a proceeding before the NTCAT to be transferred to the Local Court or Supreme Court, where the matter is not within the NTCAT’s jurisdiction or, because of circumstances of the case, the proceeding would be more appropriately heard by a court.
The new section 14A of the Local Court Act 1989 - and then when it comes into operation later in 2016, section 13A of the Local Court Act 2015 - will clarify the jurisdiction of the Local Court in relation to small claims matters, that is, that the Local Court can only deal with small claims matters that have been transferred to it by the NTCAT or where the claims are a mixed small claims/Local Court matter. The amending provisions will accommodate the situation where, for example, a claim has been commenced in the Local Court which involves equitable relief or damages, but the same factual matrix also gives rise to a small claim. In these circumstances, the amendments will allow the whole claim to be commenced in the Local Court and heard together.
These new provisions also clarify that, in these cases, the law conferring the relevant small claims jurisdiction on the NTCAT is to be read as applying to the Local Court. A similar provision is being inserted into the Supreme Court Act at section 16A. However, as the Supreme Court has jurisdiction to deal with civil claims for any amount, this provision that facilitates the transfer of proceedings from the NTCAT to the Supreme Court does not expressly state that the Supreme Court has jurisdiction to deal with and determine matters transferred to it from the NTCAT.
To reduce the likelihood of a matter being transferred in error from the NTCAT to a court, only the President of the NTCAT may transfer a proceeding to the Local Court or the Supreme Court. Further, a recipient court may refuse the transfer of a matter from the NTCAT if the matter is within the jurisdiction of the NTCAT and the recipient court believes it is not appropriate in the circumstances, despite the transfer order, that it is in the interests of justice for the matter to be transferred to the court.
It should be noted that these reforms do not prevent the splitting of a claim where appropriate, that is, so that part of a claim can be dealt with by the Local or Supreme Court as the case may be, and a small claims component can still be disposed of by the NTCAT.
Currently, certain matters under the Cullen Bay Marina Act, the Unit Title Schemes Act and the Unit Titles Act, collectively the Unit Titles Acts, may be resolved by having recourse to the small claims jurisdiction of the Local Court. To reduce complexity and facilitate consistency with the recent approach taken to the Termination of Unit Plans and Unit Title Schemes Act, the justice legislation bill amends the Unit Titles Acts to vest the NTCAT with a jurisdiction to hear all disputes under those acts.
Both bills also include transitional provisions for each of the new amended sections. Essentially, the new law will apply to all proceedings instituted after commencement. Where proceedings have been commenced, but not finally determined before commencement of the amendments, the old regime will apply.
Provisions have been drafted for both the current Local Court Act and the new, yet to be commenced Local Court Act 2015. It is intended that the new Small Claims Act 2015 commences before the commencement of the Local Court Act 2015. With the exception of sections 18, 25 and 27, the Justice Legislation Amendment (Small Claims and Other Matters) Act will commence on a day fixed by the Administrator by gazette notice. Sections 18, 25 and 27 of this act will commence on the commencement of section 4 of the Local Court Act 2015. It is presently proposed that the Local Court Act 2015 will commence on 1 May 2015.
I am mindful that these reforms are complex and have the potential to affect a wide range of Territorians. I therefore propose that the new Small Claims Act 2015 be reviewed in three years’ time, particularly to assess whether the scope of what encompasses a small claim is working in practice.
These bills represent another step in the complex task of reviewing legislation and, where appropriate, transferring jurisdiction to the NTCAT. My ministerial colleagues and I look forward to presenting further bills over time to continue the process of jurisdictional transfers to the NTCAT.
Finally, I thank the Chief Justice, Chief Magistrate and President of NTCAT for their invaluable input in the development of these bills.
I commend the bill to honourable members and I table a copy of the explanatory statement.
Debate adjourned.
Bill presented and read a first time.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I move that the bill be now read a second time.
The purpose of this bill is to implement a number of recommendations of the Review of Vulnerable Witness Legislation report in order to strengthen existing vulnerable witness provisions and protections.
The Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse was established on 8 August 2006. The purpose of the inquiry was to find better ways to protect Aboriginal children from sexual abuse.
In April 2007 the Board of Inquiry delivered its report entitled Ampe Akelyernemane Meke Mekarle (Little Children are Sacred). Recommendation 30 of the Little Children are Sacred report recommended that the now former Department of Justice:
In 2007 the former Northern Territory government, in response to the Little Children are Sacred report, indicated it would review the court procedures for vulnerable witnesses in Closing the Gap of Indigenous Disadvantage - A Generational Plan of Action.
The review was completed in June 2011 and it culminated in the Review of Vulnerable Witness Legislation report containing nine recommendations focused on ways to reduce the impact of the court’s proceedings on vulnerable witnesses. Subsequent to finalisation of the review, two further issues were raised by stakeholders and were included in the Review of Vulnerable Witness Legislation report. This report can be found on the Department of the Attorney-General and Justice website.
Vulnerable witness legislation is intended to minimise any harm that could be caused to a vulnerable witness when giving evidence, balancing the interests of justice with the witness being able to give quality evidence. However, the recommendations of the Review of Vulnerable Witness Legislation report demonstrate that the current Territory legislation does not go far enough towards protecting witnesses from further trauma.
Recommendations one, three and four, regarding monitoring the effectiveness of vulnerable witness legislation, use of screens at the Alice Springs Magistrates Court and the imposing nature of judicial dress, have been implemented by non-legislative means. Recommendation three was referred to the former Chief Magistrate, and recommendation four to the Chief Justice.
The remaining recommendations and addendum issues A and B require legislative amendment for implementation. Following extensive consultation it was determined that recommendation eight would not be pursued. The outcome of this consultation is reflected in the Consultation Report: Response to the High Court decision in Crofts: giving of directions during sexual assault trials regarding the timing of a complaint, which is available on the Department of the Attorney-General and Justice website.
Accordingly, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 implements recommendations two, five, six, seven and nine, and addendum issues A and B of the report.
In order to implement the recommendations of the Review of Vulnerable Witness Legislation report, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 amends:
1. section 21A(1) of the Evidence Act to provide for a list of factors to be considered by the court when addressing whether a witness is vulnerable, including the relationship between witness and defendant
3. section 21B of the Evidence Act to expand its operations to the lower courts so it applies in serious violence and sexual offences heard by any Territory court, not just the Supreme Court
4. section 21D of the Evidence Act to add an additional principle which provides that all efforts should be made to ensure matters that could delay or interrupt a child’s evidence are determined pre-trial
5. section 5 of the Sexual Offences (Evidence and Procedure) Act to:
6. section 104 of the Domestic and Family Violence Act to:
7. section 114 of the Domestic and Family Violence Act to mirror the amendment to section 5 of the Sexual Offences (Evidence and Procedure) Act and relieve magistrates of the responsibility of relaying questions from self-represented defendants, if an order is made precluding the defendant from cross-examining the witness directly.
That makes sense.
The proposed amendments will strengthen existing vulnerable witness provisions and protections, thereby reducing the impact and trauma of court proceedings on vulnerable witnesses. This will also ensure witnesses are more confident and comfortable in giving evidence to a court.
I now turn my attention to the Evidence Act, particularly section 21A. Section 21A(1) of the Evidence Act provides for the circumstances in which a witness is ‘vulnerable’ - and therefore entitled to the protections available to vulnerable witnesses - and includes a child, a witness who suffers from an intellectual disability, a victim of a sexual offence or a witness who, due to circumstances of their case or their own circumstances, the court decides has a ‘special disability’. Recommendation six of the Review of Vulnerable Witness Legislation proposed an amendment to clarify the matters the court is to consider when assessing whether a witness is vulnerable.
Section 21A(1) of the Evidence Act has been amended in accordance with Recommendation 6 of the Review of Vulnerable Witness Legislation report to provide a list of factors to be considered by a court when assessing whether a witness is vulnerable. In doing so, the bill removes the reference to ‘special disability’ and replaces it with a list of factors to be considered by the court when assessing whether a witness is vulnerable.
The amended definition of ‘vulnerable witness’ means a witness in a proceeding:
(a) who is a child
(b) who has a cognitive impairment or intellectual disability
(c) who is the alleged victim of a sexual offence to which the proceedings relate; or
(d) whom a court considers to be vulnerable.
In considering whether a witness is vulnerable, new section 21A(1A) provides that a court may have regard to:
(a) any relevant condition or characteristic of the witness, including age, education, ethnic and cultural background, gender, language background and skills, level of maturity and understanding, and personality
(b) any mental or physical disability and to which the witness is or appears to be subject
(c) any relationship between the witness and the defendant to the proceedings; and
This amendment is intended to remove the need for argument about whether a witness is vulnerable in the most obvious of cases, while leaving scope for a witness to be treated as vulnerable in other circumstances. In practice, this means in determining whether a witness is vulnerable the court may consider a number of matters, including the relationship between the witness and the defendant. Therefore, in a domestic violence situation the relationship of the parties will be a relevant factor when determining the witness’s vulnerability and protections available to them when giving evidence.
The language of the amendment is designed to give guidance while still preserving judicial discretion and is similar to that contained in section 41(4) of the Evidence (National Uniform Legislation) Act - relating to improper questions - and a similar provision has been endorsed by the Victorian Law Reform Commission, the Australian Law Reform Commission and the New South Wales Law Reform Commission in their joint report No 102 of 2005.
The current section 21B of the Evidence Act provides that the court may admit a vulnerable witness’s recorded statement, usually their police interview, as evidence-in-chief, and that any examination or cross-examination in court be conducted in a special sitting whereby their evidence is recorded to be later replayed to the jury.
As section 21B specifically references a trial and a jury, the courts have interpreted the provision as applying solely to Supreme Court trials and the protections are not available to the lower courts - namely the Court of Summary Jurisdiction and the Youth Justice Court - even though serious violence and sexual offences are often heard in those courts.
Recommendation seven of the Review of Vulnerable Witness Legislation report recommended that the former Department of Justice undertake further consultation and consideration of the possibility of extending the application of the recorded statement protection to the lower courts. In March 2014 the Consultation Results Report, titled Consultation regarding application in the lower courts of recorded statement protections for Vulnerable Witnesses: section 21B of the Evidence Act, was publically released and can be found on the Department of the Attorney-General website. The recommendation of the consultation report, in brief, was to extend the operation of section 21B of the Evidence Act to the lower courts.
Section 21B(5) of the Evidence Act currently provides that a vulnerable witness does not need to be present in the courtroom when their recorded statement of evidence or the recording of the special sitting is replayed to the jury. However, the provision does not cover the replaying of the witness’s recorded statements at the special sitting, and there is uncertainty as to whether the witness will or will not be required to sit through this screening. Replaying a witness’s statement may be upsetting for the witness, and there is no reason to require the witness to sit through a replay of the recorded statement. In order to address this concern, recommendation two of the Review of Vulnerable Witness Legislation report recommend clarifying that vulnerable witnesses do not need to be present in the courtroom when their pre-recorded statement of evidence is played.
Consistent with recommendations two and seven of the Review of Vulnerable Witness Legislation report and the conclusion of the Consultation Results Report, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 amends section 21B of evidence to:
(a) clarify that honourable witnesses do not need to be present in the courtroom when their pre-recorded statement of evidence is played; and
(b) expand its operation to the lower courts so it applies in serious violence and sexual offences heard in any Northern Territory court, not just the Supreme Court.
(a) admit a recorded statement of evidence as the witness’s evidence-in-chief, or as part of the witness’s evidence-in-chief
(b) hold a special sitting prior to the hearing for the purpose of conducting the examination, or part of the examination, of the witness; and
(c) have an audiovisual recording made of the examination of the witness at the special sitting and admit the recording into evidence.
In order to address concerns regarding potential practical and operational implications of the expansion of section 21B to the lower courts, the bill inserts a new section 3A to provide that, amongst other matters, when considering whether to apply section 21B the court must take into account whether a recorded statement can be played, or a special sitting be held, in the particular courtroom. This provision has relevance to bush courts where there may not be facilities for evidence to be pre-recorded and replayed.
I now turn my mind to section 21D. In accordance with recommendation five of the Review of Vulnerable Witness Legislation report, the bill amends section 21D of the Evidence Act to add a principle which provides that all efforts must be made to ensure matters that could delay or interrupt a child’s evidence are determined pre-trial.
This amendment is consistent with the Bench Book for Children Giving Evidence in Australian Courts, published by the Australasian Institute of Judicial Administration Incorporated, and will ensure that, where possible, determinations on the admissibility of a child’s evidence or other legal argument is determined pre-trial, therefore reducing the trauma on the child and ensuring the evidence is given as soon after the relevant event as possible.
I now turn the House’s attention to the Sexual Offences (Evidence and Procedure) Act. Section 5 of the Sexual Offences (Evidence and Procedure) Act is intended to protect complainants in sexual offence matters from being questioned in a court by an unrepresented defendant. Currently the provision provides that a presiding judicial officer, or other person approved by the court, is to question the complainant on the defendant’s behalf.
However, addendum issue A of the Review of Vulnerable Witness Legislation report highlighted the inappropriateness of a judge asking questions, particularly when the complainant’s credibility is an issue and there is a suggestion that the judge could be seen by the jury to agree with questions posed to the complainant, and this would be detrimental to the case.
The Australian Law Reform Commission supports the position that judges should not question witnesses on behalf of an unrepresented defendant, and the majority of other Australian jurisdictions provide that, in this situation, questions should be put to the complainant by an appointed person instead of the presiding judge.
In accordance with addendum A of the Review of Vulnerable Witness Legislation report, the bill amends section 5 of the Sexual Offences (Evidence and Procedure) Act to:
(a) relieve judges of the responsibility of relaying questions from self-represented defendants during sexual offence trials; and
The provision has been drafted to restrict questioning by the appointed person to that which is requested by the defendant. The appointed person must therefore not provide any legal advice or ask any question beyond that provided to them by the defendant.
New section 5(3) has been inserted to require the court to warn the defendant that they will not be permitted to adduce evidence in relation to a fact in issue in order to contradict evidence of the complainant if they do not accede to cross-examination being conducted by the appointed person. This provision reflects the operation of the common law rule in the famous case of Browne v Dunn (1893) 6 R 67, which provides that where a party intends to lead evidence that will contradict or challenge the evidence of an opponent’s witness, they must put that evidence to the witness in cross-examination. References to ‘shall’ in section 5 of the Sexual Offences (Evidence and Procedure) Act have also been amended to reflect current drafting practice and the preferred term ‘must’.
The Northern Territory Legal Aid Commission has also been consulted in relation to potential resource implications if they are required to appear to present questions from an unrepresented defendant to the complainant, both in relation to amended section 5 of the Sexual Offences (Evidence and Procedure) Act and the mirrored amendment to section 114 of the Domestic and Family Violence Act. The Commission has confirmed it is able to provide legal assistance in this circumstance unless the defendant is assessed as having the means to afford their own representation.
In this situation, if the defendant does not arrange for a lawyer to appear and cross-examine the complainant, he or she will be unable to conduct the cross-examination and, as previously noted, will be able to adduce any evidence contradictory to that of the complainant.
I now turn honourable members’ minds to the Domestic and Family Violence Act. Similarly to section 21A(1) of the Evidence Act, section 104 of the Domestic and Family Violence Act provides for circumstances in which a witness is vulnerable. For the same reasons previously elaborated with respect to section 21A(1) of the Evidence Act, recommendation six of the Review of Vulnerable Witness Legislation report proposed an amendment to section 104 of the Domestic and Family Violence Act to clarify the matters the court is to have regard to when assessing whether a witness is vulnerable.
Currently, persons who have applied for and have a domestic violence order, or for whom the police have sought a domestic violence order but have not yet had their application finalised, are excluded from the protections available to vulnerable witnesses. This means a person may not be protected by vulnerable witness provisions until after proceedings to hear the domestic violence order application have been finalised. This provision is contrary to the intention of vulnerable witness provisions in the Domestic and Family Violence Act, particularly given the second reading speech for that act refers to the vulnerable witness protections applying to the applicant or applicants of domestic violence orders, in order to protect them from intimidation during proceedings.
In this regard, addendum issue B of the Review of Vulnerable Witness Legislation recommended that vulnerable witness provisions in the Domestic and Family Violence Act be amended to include a protective person, for whose protection a domestic violence order is sought or in force. Further, there is presently no requirement under the Domestic and Family Violence Act for the recorded statement of a vulnerable witness to be taken by a particular person or category of persons. As a result, the validity and admissibility of the statement could be called into question. This is in contrast with the definition of ‘recorded statement’ in the Evidence Act, which provides that an authorised person must make the recording.
An authorised person is defined in section 21A(1) of the Evidence Act to include a police officer with the rank of constable or above, a member of the Australian Federal Police who is appointed as a special constable, a member of the police force of another state or territory with the rank of constable or above or who is appointed as a special constable, a person who is an authorised officer under the Care and Protection of Children Act, or a person prescribed by regulation.
Consistent with recommendations six and nine and addendum B of the Review of Vulnerable Witness Legislation report, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 amends section 104 of the Domestic and Family Violence Act to:
(a) adopt a new definition of ‘vulnerable witness’ in section 21A(1) of the Evidence Act
(b) adopt the definition of ‘recorded statement’ in section 21A(1) of the Evidence Act to require a recorded statement to be taken by an authorised person; and
In accordance with the definition of ‘protected person’ in section 13(1) of the Domestic and Family Violence Act, this includes a person for whose protection a domestic violence order is sought or is in force. The adoption of other definitions in accordance with section 21A(1) of the Evidence Act, including the definition of ‘recorded statement’, ensures consistency as far as practicable with the vulnerable witness provisions of the Evidence Act and provides victims of domestic violence with similar protections.
The bill also amends section 114 of the Domestic and Family Violence Act to mirror the amendments to section 5 of the Sexual Offences (Evidence and Procedure) Act to relieve magistrates of the responsibility of relaying questions from self-represented defendants if an order is made, precluding the defendant from cross-examining the witness directly.
Consistent with the gradual conversion of all offences in Territory legislation, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 amends all offences in the Evidence Act and the Sexual Offences (Evidence and Procedure) Act so they comply with the principles of criminal responsibility in Part IIAA of the Criminal Code Act.
The bill also makes a number of minor technical amendments to three acts.
Transitional provisions are included with respect to each of the bills being amended to reflect the intention of the bill that the amendments apply to proceedings commenced on or after commencement of the Justice Legislation Amendment (Vulnerable Witnesses) Act 2015. However, if a trial or hearing commences prior to the commencement, and continues or is adjourned until a day on or after commencement, the amending act will not apply. In essence, this means amended provisions are to apply in all proceedings unless they form part of a trial or hearing that is ‘part-heard’ and commenced prior to commencement.
Separate transitional provisions are also provided for the amended offence provisions so the offences, as amended, do not apply to conduct unless all conduct constituting the offence occurs after commencement of the Justice Legislation Amendment (Vulnerable Witnesses) Act 2015.
The proposed amendments will strengthen existing vulnerable witness provisions and protections, thereby reducing the impact and trauma of court proceedings on vulnerable witnesses. This will also ensure witnesses are more confident and comfortable giving evidence in court, especially where their evidence is critical to a prosecution and may lead to more successful prosecutions.
As outlined in the Pillars of Justice framework and the Framing the Future strategic plan, the government is committed to supporting victims to ensure safer homes in a safer society. The proposed amendments will contribute to these goals and will ensure vulnerable witnesses are provided with the utmost protection and support. The proposal will also support the Domestic and Family Violence Reduction Strategy 2014-17: Safety is Everyone’s Right by ensuring cases brought to the courts are successful in holding perpetrators to account, thereby protecting victims from repeat victimisation.
Madam Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
Bill presented and read a first time.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I move that the bill be now read a second time.
The purpose of this bill is to allow for the enactment of a stand-alone act dealing specifically with Personal Violence Restraining Orders. Currently, provisions with respect to Personal Violence Restraining Orders are contained in Part IVA of the Justices Act. This arose as part of a larger Local Court reform and passage of the Local Court Act 2015 earlier this year. It was considered appropriate that a separate, stand-alone act dealing specifically with the issue of Personal Violence Restraining Orders be created instead of being included within another piece of legislation.
A Personal Violence Restraining Order allows a person who experiences violence in a relationship, but does not live with the perpetrator - that is, not in a domestic relationship - to seek a civil remedy called a Personal Violence Restraining Order. Some former members might remember the old section 99 of the Justices Act.
The primary purpose of this order is to secure the safety of a victim, with the grounds of the finding of the order being, on a finding on the balance of probabilities, that the defendant committed a ‘personal violence offence’ that caused harm to the victim.
The circumstances under which a person can apply for a Personal Violence Restraining Order include if a person has committed a ‘personal violence offence’ defined as including a personal violence offence – being an offence against any of the following provisions of the Criminal Code: Part V, Division 2; Part VI, Division 3 to 6A; and sections 211 or 212 - or it is likely a personal violence offence will be committed against a person by another person.
A ‘personal violence offence’ generally includes any offences of assault, indecent assault and reckless behaviour which may cause personal injury.
It should be noted that the main purpose of the Local Court Act 2015 was to consolidate into one act all the key provisions regarding the establishment and operation of the main lower courts of the Northern Territory. That involved the consolidation of the Local Court and the Court of Summary Jurisdiction; resolution of inconsistencies between the jurisdictions, for example, in the area of contempt; rationalisation of standard quasi-judicial and non-judicial officers within the lower courts; reflecting current practices and be sufficiently flexible to cater for future changes to the practice; modernisation and create consistency in terminology; rationalising provisions regarding sentencing jurisdiction and offences that can be dealt with summarily; and increasing the size of the civil jurisdiction of the Local Court.
The Justices Act was also reviewed and substantial amendments were proposed as a result of the Local Court reforms. As part of that, a decision was made to remove provisions with respect to Personal Violence Restraining Orders contained in Part IVA of the Justices Act and enact a stand-alone act.
The bill also implements a recommendation of the Top End Women’s Legal Service that legislation relating to Personal Violence Restraining Orders should be enacted as a specific act, not just contained in the Justices Act.
The bill makes no changes to the policy with respect to Personal Violence Restraining Order provisions. The bill merely repeals Part IVA of the Justices Act and replicates Part IVA as a stand-alone act.
It is proposed that further consultation on this bill will occur prior to its passage. I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
Bill presented and read a first time.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I move that the bill be now read a second time.
The main purpose of this bill is to make amendments consequential to the enactment earlier this year of the Local Court Act 2015. I will not repeat the policies and principles that underpin the enactment of that legislation; I just read them out in my last speech. Suffice to say they also apply to this bill.
The bill provides for matters consequential to the establishment of the new Local Court that has jurisdiction over criminal and civil matters. This involves the consequent abolition of the Court of Summary Jurisdiction and for ancillary reforms relating to consistency in proceedings within the Local Court, the Supreme Court, the Youth Justice Court and the Work Health Court. Many of the consequential amendments arise from the creation of the positions of chief judge, one or more deputy chief Local Court judges, Local Court judges, judicial registrars, a principal registrar, registrars and bailiffs, and the abolition of the Court of Summary Jurisdiction. Many of the other amendments are Parliamentary Counsel-type amendments for the purposes of consistency across the statute book regarding spelling, pluralisation and capitalisation.
I will not address these in detail as they are covered in the explanatory statement, which I will table in due course.
The bill also provides for a number of other reforms which I will now outline.
First, the bill renames the Justices Act as the Local Court (Criminal Procedure) Act. It also removes or amends provisions of that act which duplicate provisions of the Local Court Act 2015 or other acts which are obsolete or unclear.
The Justices Act is being renamed so it is reasonably clear as to the relationship between it and the Local Court Act 2015. It will be the act that deals with the criminal law procedures that apply when the Local Court is exercising its criminal jurisdiction. For the longer term, the Local Court (Criminal Procedure) Act will be repealed and replaced with a statute that uses modern language and reflects modern court practices.
Second, the bill repeals all the provisions of the Justices Act and in other legislation relating to recognizances. Recognizances have not been used since the enactment in 1995 of the Sentencing Act.
Third, the bill amends section 121A of the Justices Act so the value of property for the purposes of that section increases from $5000 to $50 000. Currently, section 120 provides that various indictable offences involving the theft of property can be dealt with summarily if the value of the property concerned is $5000 or less. This amount was set in 1997. It is proposed that the monetary figure be increased to $50 000. It is considered that the Local Court, rather than the Supreme Court, is the appropriate court to try offences for property of this value.
Fourth, the bill amends section 121A of the Justices Act so that breaches of section 213 of the Criminal Code Act, to which section 213(5) applies, are subject to section 121A. The amendments made to section 121A of the Justices Act do not apply to offences committed prior to the commencement of the amendments.
Fifth, the bill amends section 131A of the Justices Act so it is clear that the consent of the defendant is not required in order for a section 131A offence to be dealt with summarily.
The amendments made to section 131A of the Justices Act apply to all offences, regardless of when they may have been committed. Section 131A provides that specified indictable offences of violence may be tried summarily in the Court of Summary Jurisdiction. The section states that this can occur unless the court is of the view the matter should be tried on indictment, that is, before a jury in the Supreme Court. The operation of section 131A has been the subject of differing approaches between the Supreme Court and the Court of Summary of Jurisdiction. The leading Supreme Court decision in Birkeland-Corro v Tudor-Stack (2005) 15 NTLR 208 takes the view that the consent of the defendant is required. More recently, the magistrates have taken a different view.
The Department of the Attorney-General and Justice has released to stakeholders a discussion paper on the operation of section 131A. This paper suggested that section 131A be amended so the Lower Court has the discretion on whether section 131A matters can be dealt with summarily.
The Chief Justice and Chief Magistrate have both indicated support for this approach. Legal service providers have opposed the change.
Sixth, the bill amends section 169 of the Justices Act so in lieu of recognizances to prosecute appeals there is a statement of a general duty on the appellant to prosecute an appeal. This replaces the generality of current section 167(1). New section 169(2) provides that the Local Court may revoke bail of an appellant on bail that has not prosecuted the appeal.
Seventh, the bill renames the Local Court Act 1989, as amended, to the Local Court (Civil Procedure) Act and removing or amending provisions of that act which duplicate provisions of the Local Court Act 2015 or of other acts which are obsolete or unclear. This renaming makes it clear that the current Local Court Act is not being repealed; rather, it is being retained as an interim measure with the function of dealing with the civil jurisdiction of the new Local Court.
Eighth, the bill amends section 19(3) of the current Local Court Act 1989, as amended, so there cannot be appeals on interlocutory matters from decisions of the Local Court to the Supreme Court. Under the Work Health Court legislation, section 116(3) of the Return to Work Act, such appeals are not permitted.
The Chief Magistrate has suggested that two provisions should be aligned so interlocutory appeals on procedural matters should not be permitted. This appears to be appropriate. Appeals should be limited to matters that go on the merits of the civil dispute. To implement this policy position, sections 19(3) and (4) will be repealed.
Ninth, the bill identifies which acts operate under the court’s criminal jurisdiction, namely the Local Court (Criminal Procedure) Act and the Prisoners (Interstate Transfer) Act. All other acts operate in accordance with the default civil jurisdiction as provided for in section 19 of the Local Court Act.
Tenth, the bill amends the Bail Act and Bail Regulations so all appeals on bail are consolidated in the Bail Act, rather than in the Bail Act and Bail Regulations. Provisions dealing with appeals from bail decisions are contained in the Bail Act and in the Bail Regulations. Consolidation into the one set of provisions in the Bail Act will improve accessibility to the law. The substance of the policy of the provisions has not changed.
Eleventh, the bill amends section 35 of the Coroners Act. Section 35(3) provides that the Coroner must report to the Director of Public Prosecutions and the Commissioner of Police if the Coroner believes a crime may have been committed in connection with the death or disaster investigated by the Coroner. This section is, along with all other sections in the statute book that use the word ‘crime’, being amended so the generic term of ‘offence’ is used instead of ‘crime’. The word ‘crime’ has a technical meaning of indictable offence, but is sometimes used, as in the case of section 35(3), where it is unclear as to whether the meaning is the technical meaning or the more general meaning of any breach of the criminal law.
The Coroner’s Office was consulted about how section 35(3) works in practice. The Deputy Coroner, after consulting with the Coroner, advised that the preferred policy position is that it means offence, but in the past there have been issues with the wording of the section, even when taking a restrictive interpretation of the word ‘crime’. This section requires that the Coroner must report crimes. This has led to reporting, even where it is known a person cannot or will not be prosecuted, that is, the offender is dead or the matter has already had the benefit of a quashed prosecution or actual prosecution.
Required reporting of all offences could become very tedious and misleading, especially if out of time. Taking account of these comments, it is proposed that section 35(3) be amended so the Coroner has discretion whether or not to formally report on offences that may have been committed in respect of a coronial investigation of a death or disaster.
Twelfth, the bill repeals and replaces section 3 of the Criminal Code Act so offences are classified as either ‘summary’ or ‘indictable’, with the key factor being whether the maximum penalty is greater than two years’ imprisonment. One of the issues considered in the discussion paper released by the Department of the Attorney-General and Justice in 2014, and the subsequent report, was a rationalisation of the way offences are described and the courts in which they are tried. Currently, the main classification is that of ‘crimes’, ‘simple offences’ or ‘regulatory offences’. ‘Crimes’, as a general rule, are offences for which the maximum penalty is two or more years of imprisonment.
Regulatory offences will continue to exist and will usually be tried summarily. The term ‘regulatory offence’ is defined in the Interpretation Act. They are usually tried in the Court of Summary Jurisdiction.
‘Simple’ offences are all other offences with the exception of ‘regulatory’ offences, with the latter being offences for which there is no need to prove criminal intent. The position is complicated by the fact in the Criminal Code Act, Misuse of Drugs Act and a number of other acts there are a number of offences that are described as crimes, but have maximum penalties of less than two years.
The bill provides that all offences are to be classified either ‘indictable’ or ‘summary’. References to ‘crimes’ and ‘simple offences’ will be removed. All offences with a maximum penalty of two years or less of imprisonment will be classified as ‘summary offences’.
Thirteenth, the bill amends the Criminal Code Act and other acts so offences are no longer described as crimes. This has the consequence that, with the exception of the offence in section 294(2) of the Criminal Code Act, the various offences in sections 65, 69, 70, 71, 80, 82, 105, 106, 107, 108, 121, 122, 123, 124, 125, 199, 200 and 283 of the Criminal Code Act and section 9(2)(f) of the Misuse of Drugs Act that have maximum penalties of two years or less will become summary offences.
Fourteenth, the bill amends section 38(1) of the Fisheries Act so it remains a summary offence, notwithstanding the amendments to section 3 of the Criminal Code Act and the fact the maximum penalty is greater than two years’ imprisonment.
Fifteenth, the bill amends the Local Court Act 2015, Supreme Court Act, Work Health Administration Act and the Youth Justice Act to spell out the circumstances in which a Supreme Court judge or Local Court judge is unable to continue in the hearing of a matter in the various courts. In the course of developing the bill and the Justice Legislation Amendment (Summary Procedure) Act 2015, questions were asked as to whether current provisions for the various courts’ acts are adequate for dealing with the circumstance where a judge is unable to continue. The main area of doubt is this: who is to make the decision as to when a judge is unable to continue?
The issues have been discussed with the Chief Magistrate and the Chief Justice. It is proposed that each of the relevant acts - the Local Court Act 2015, the Youth Justice Act, the Supreme Court Act and the Work Health Administration Act - be amended so each of them spells out the circumstances in which the senior judicial officer for the relevant court can appoint another judge to take over from a judge who is unable to continue.
Each of the proposed sections sets out that a judge is unable to continue if he or she dies, vacates office in such a way as to not be able to finalise proceedings by reasons of illness, injury or other cause, or is unable to continue the proceedings without unreasonable delay.
A decision by a Chief Justice or the Local Court Chief Judge as to whether a judge is unable to continue cannot be challenged. Under other provisions of each of the acts, the senior judicial officer of the court can appoint another judge to take over from a judge who is unable to continue.
Sixteenth, the bill amends the Local Court Act 2015 so there is no doubt that there is no need for any magistrate to swear another oath, or partake in any other procedural requirement, in order to be considered a Local Court judge duly appointed for the purposes of the Local Court Act.
Seventeenth, the bill amends section 148(1) of the Mineral Titles Act so the offence is a summary offence, notwithstanding that the maximum penalty is greater than two years’ imprisonment.
Eighteenth, the bill repeals and replaces section 122 of the Sentencing Act so the default maximum penalty for an indictable offence dealt with summarily is five years’ imprisonment, or 500 penalty units, unless the maximum penalty for the indictable offence is less than that period or amount. Section 122 currently provides for the maximum penalty that can be imposed by a local court when dealing with an indictable offence in a summary way. These penalties are five years’ imprisonment and/or 250 penalty units, in the order of $37 000. This maximum penalty is inconsistent with the general relationship between imprisonment and fines penalty as established by section 38DA of the Interpretation Act. If the principle in the section is applied, the maximum penalty for section 122 is 500 penalty units, $74 500. It is appropriate that all sections containing indictable offences, which can be dealt with summarily, be drafted so section 122 applies.
Nineteenth, the bill amends the Care and Protection of Children Act so that new section 89 replaces current section 88. It provides that there is to be a family matters division of the Local Court and the proceedings must be constituted by a Local Court judge. This means a registrar or a Justice of the Peace cannot handle matters under the Care and Protection of Children Act.
Twentieth, the bill amends the Work Health Administration Act so as to spell out how contempt of the court is to be handled. This replicates the provisions of the Local Court Act 2015.
Twenty-first, the bill provides for the repeal of the Crimes (Victims Assistance) Rules, Justices Rules and Local Court Regulations.
Finally, the bill makes consequential amendments to the following acts and subordinate legislation:
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act
Bail Act
Bail Regulations
Care and Protection of Children Act
Coroners Act
Criminal Code Act
Cross-border Justice Act
Cross-border Justice Regulations
Domestic and Family Violence Act
Fines and Penalties (Recovery) Act
Fines and Penalty (Recovery) Regulations
Fisheries Act
Housing Regulations
Interpretations Act
Justices Act
Local Court Act
Mineral Titles Act
Misuse of Drugs Act
Misuse of Drugs Regulations
Police Administration Act
Prisoners (Interstate Transfer) Act
Prisoners (Interstate Transfer) Regulations
Public Transport (Passenger Safety) Regulations
Sentencing Act
Sentencing Regulations
Serious Crime Control Act
Supreme Court Act
Work Health Administration Act
Youth Justice Act
Youth Justice Regulations.
There are further reforms consequential to the enactment of the Local Court Act and the introduction of this bill.
In the shorter term, Part IVA of the Justices Act will be repealed and replaced by another bill to be introduced during these sittings.
The Records of Depositions Act provides for the keeping of and access to records. It applies to both higher and lower courts. It sets out, in considerable detail, the mechanics of keeping records. These are now out of date with changes in technology. It is proposed that all of these provisions be repealed, other than those identified by Supreme Court judges as being relevant, namely sections 12 to 16. These will be dealt with by another bill.
There will also be another consequential amendments bill of a statute law revision nature dealing with the more minor amendments to approximately 153 other acts and pieces of subordinate legislation.
I commend the bill to the House and table a copy of the explanatory statement.
Debate adjourned.
BAIL AMENDMENT BILL (NO 2)
(Serial 135)
Continued from 17 September 2015.
Ms WALKER (Nhulunbuy): Madam Speaker, I thank the minister for bringing the Bail Amendment Bill (No 2) (Serial 135) before the House.
I understand the purpose of this bill essentially provides for three things. The first is for the Youth Justice Court to consider the use of electronic monitoring devices to be attached to the ankle of a young person as part of bail conditions in order to provide an additional level of supervision. The second introduces a clause to make clear the wearer of the electronic monitoring device must not tamper with, damage or destroy the device. The third introduces a new provision which says that where an electronic monitoring device is damaged or destroyed, costs are recoverable by the government.
I thank the minister’s office for organising two briefings for me. The first was with officers from the Department of the Attorney-General and Justice in October. I then requested a further briefing with officers from Corrections, which was also attended by officers from the Department of the Attorney-General and Justice as I had some specific questions about the electronic monitoring devices and the new provisions around their use on young offenders. The follow-up briefing was provided on Monday 16 November in anticipation of the bill being debated in the last sittings week.
The opposition was not advised by the government Whip or the minister why the bill did not proceed in that week. They do not have to advise us of that, but I can only assume that it was such a shocking week for the government they did not want to expose themselves further to negative media. This is why at the eleventh hour they also deferred the second reading debate on Daniel’s Law. That has now been delayed further because the minister has suddenly realised it is flawed and deeply unpopular across legal peak bodies and advocacy groups, including Victims of Crime. Interestingly, he has suddenly become a consultative minister who listens, although until that epiphany he failed to listen to concerns and ignored advice, but that debate is for another time.
The members of the opposition support the use of electronic monitoring devices on young offenders if it can help keep them out of remand and detention. As we know, from the negative media coverage we have seen in relation to youth justice and detention in the Northern Territory, Don Dale is not where you would want young people to be unless it is necessary. There are occasions when crimes are committed, be it by young people or adults, and there is no option but for these people to serve a term of imprisonment. I am very clear about that and mindful of victims of crime, as well as the fact they deserve to see the perpetrators of crime provided with appropriate punishment. With regard to Don Dale, clearly young people do not want to be there, given some of the appalling reports we have heard about the conditions and treatment of young detainees, but I will come back to that.
While the bill provides for a magistrate to recommend an EMD as part of bail conditions, it is not automatic. I understand the Department of Correctional Services must provide a report to the magistrate which assesses the suitability of an electronic monitoring device being fitted. Will the young person comply with this device; is it suitable for the residence where the person is bailed to; and is there adequate support and supervision from carers or guardians with regard to the young person wearing this device?
I have seen these devices. Thanks to the last briefing I had in the minister’s office I have been advised of the cost of the hardware. It is less clear what the monitoring costs are. I have been informed that environmental factors like heat and water will not affect them, which is good news. I am not convinced that people who interfere with them will have the capacity to pay for the damage or replacement, though in the briefing I was advised it is not a common occurrence that EMDs are interfered with, which is also good news.
It is not clear in the bill whether there are penalties for someone other than the offender who might interfere with, tamper with or destroy the electronic monitoring device or the associated monitoring equipment that goes with it.
I was advised in my briefing with Corrections a couple of weeks ago that on 16 November - this advice came from the minister’s adviser, not from the agency officers - there were 53 young people in detention in the Northern Territory and 40 of those were on remand. That number may have changed slightly, give or take. Add the arrest of an 11-year-old girl at her school, who was handcuffed in full view of her school mates in Tennant Creek without the knowledge of her principal carer, who I believe was her grandmother. I find that appalling, and I am not alone. Notwithstanding the fact she has committed offences, her treatment was appalling for a child at the age of 11.
To have those 40 young people on bail and wearing an electronic monitoring device to track their whereabouts, assuming they have been deemed appropriate for the device and the associated conditions that go with it, would on face value be a good thing.
We know young people do not want to be in Don Dale or the Alice Springs Youth Detention Centre, because they have rioted and broken out. While I do not condone, by any stretch of the imagination, the assaults on staff - far from it - we need to ask what is going on in these places that drives these young people to take these actions. The Vita report and the Children’s Commissioner have stated some clear views on that matter.
I intend to come back to the government’s appalling track record in youth detention and youth justice generally. I have to ask - as many are asking - why, following a breakout of three 16-year-olds in Alice Springs on 22 October, a number of young people have been relocated to Don Dale in Darwin. For how long are these young people expected to be 1500 km away from their families and social workers? I include in that cohort a 12-year-old boy who was bewildered by what he had done wrong to find himself shifted, with others, to a place far from Alice Springs, from his country and his family. I understand he has since been released from detention and transported from Darwin - handcuffed - but serious concerns still remain about his long-term care and protection.
There are real issues for these young people even if they were to have bail conditions, including an electronic monitoring device. It is about the lack of resourcing to support young people not only when they are on bail, but supporting them fully once they interface with the criminal justice system. They need to be supported to succeed in addressing their offending behaviour, not destined to fail and find themselves detained.
In preparing for this debate I have learnt much more about bail application processes and issues. I understand the biggest issue is not so much the refusal of bail by the courts, but the need for the deferral of bail decisions in order for legal representatives to develop a bail plan, usually at the behest of the legal representation. There is currently little government assistance to young people to develop bail plans.
Although the court can order Community Corrections to conduct a bail assessment, which requires an adjournment of some weeks, it is often the case that the bail assessments are inaccurate and not always helpful. A bail plan includes an assessment of the juvenile’s needs and circumstances regarding travel, accommodation, supervision and support. The process involves talking to the young person, their family, support services and programs in order to address some of these issues. There are no youth justice teams or bail support officers who can prepare this application; therefore, it is usually the role of the legal representation to satisfy the court that young people will not reoffend and that they have appropriate support, via the submission of a bail plan.
It is important to look at children who are under the care of the minister, and the role of the responsible person. The Attorney-General is also our Minister for Children and Families, and Child Protection.
It is my understanding, from the discussions I have had, that there are issues with the department’s willingness to take responsibility for juveniles under the care of the minister who have contact with the criminal justice system. There are reasons for this. I am told the Department of Children and Families, and Child Protection, will occasionally support the young person being remanded in detention in lieu of finding a more appropriate supervision and accommodation option, because they can be hard to find.
One of the other issues is that the presence of a responsible person or adult is required for a court hearing to go forward, especially at bail or plea hearings. The Department of Children and Families sometimes struggles to source a responsible adult to attend unless there is significant prompting. I am not attacking DCF, but this is because it simply has a lack of resources within the agency. Sometimes it lacks skilled staff to do this. Let us face it; the agency is so stretched its services are crisis driven.
There are cases where bail has been refused because there is no responsible adult appearing with that young person. There are many examples of young people being in custody for a long period of time while legal representatives try to engage with DCF, whose resources are incredibly stretched, to assist with the young person appearing before the court. The result of this is young people getting lost in the criminal justice system.
I understand there is now a youth justice team in the Department of Children and Families - a very positive outcome - to deal with dual clients. But given that the minister has responsibility for Justice, Children and Families and Child Protection, he can surely see the need, and resource the changes that are clearly needed.
In looking at bail conditions for young people, the most common conditions include curfews, most often applied as 7 pm to 7 am, which are often imposed regardless of the charge or whether the offence occurred at night. This is also the most breached condition. If an electronic monitoring device helps prevent a breach of curfew, I guess we will see what comes of it.
Other common conditions include that the young person must attend school, and there must be no consumption of alcohol or other drugs. Non-associations can be an issue when the condition refers to classmates or juveniles in the same residence; that is particularly the case in out-of-home care residences or with extended families. Other conditions of bail can include accommodation, that is, where they must reside as directed. This is problematic if the juvenile is highly transient. There needs to be more flexible policing of this bail condition and consideration of cultural circumstances; for example, where a young person is sleeping with a family in a house next door, as opposed to the place they have been directed to reside, because the sleeping space, bedding, mattresses or blankets are inadequate.
Another condition includes supervised bail. The court can order a bail assessment to be conducted by Correctional Services and for them to monitor bail conditions. I am advised this is rarely done. The other condition of bail is surety. Although this is not an up-front payment it is enforced where there is a bail breach. This is used regularly and is problematic for low-income families that cannot afford the post-breach forfeiture of the surety.
The larger cohort of juveniles facing bail decisions are receiving conditions rather than receiving unconditional bail. There is an assumption that young people require greater structure and that bail conditions assist in providing this structure.
If we look at the issue of bail breaches, police rarely use summonses when dealing with breaches of bail and usually arrest the juvenile and bring them to court. As of last year, it is a fresh offence to breach bail, including conditional breaches. There is a clause for having a reasonable excuse for breaching bail, for instance, a curfew. However, due to lack of resources and language barriers this is often overlooked. This has a number of impacts on young people. The length of convictions can reflect an extensive breach history. There is an increased level of paperwork for police, which means young people are held in custody for longer, sometimes up to 10 hours. There is no maximum time a juvenile can be held in custody before having to appear in court, only a reasonable time. When bail is refused by police, they can then be held in custody for several days before appearing in court.
There are service gaps which exist for juveniles on bail. In addition to the lack of bail support programs, there is a lack of engagement with young people by the justice system to have young people take responsibility for their actions. This is clear in the juvenile justice principles, but it is not evident in the practices of police or the courts. Pre-sentencing conferencing, which can facilitate the offender taking responsibility for their actions, has been in the legislation since 2006, but I am advised it is rarely used.
There is a lack of programs and strategies that seek to intervene and reintegrate recidivist offenders. I am advised there is a small cohort of juveniles with a ridiculously high recidivist rate. The police response is to monitor them and their families. The majority of juveniles in remand or detention are recidivist offenders with significant criminal histories. Recidivist offenders do not have the option to participate in meaningful rehabilitation programs. Surely this needs to be addressed if we are to break the cycle of recidivist offending.
Remand, or detention, is also a problem. There is a lack of supportive environments that young people can be bailed to. This includes a lack of family support, which facilitates a juvenile’s continued involvement in the criminal justice system. The court process is not always the best option or the best practice. It is not overly participatory for the young person and their family. There appears to be no avenue for active engagement of young people and their families in the criminal justice process. There are often language barriers and a lack of interpreters to assist young Indigenous people, noting that 98% of young detainees are Indigenous.
On face value, the idea of keeping young people out of detention by providing bail provisions, which can include electronic monitoring devices, sounds like a good idea. It is a good idea, but the reality is there are invariably other factors at play which are likely to see the offender’s bail breached, and the young person may be detained anyway.
It is high time to take a different approach to youth justice in the Northern Territory. The minister would have done well to attend the youth justice forum, which was held a number of weeks ago in Darwin. The member for Casuarina and I attended, along with a number of stakeholders with vested interests in doing the best thing for young people who find themselves at risk of interfacing with the criminal justice or corrections systems. That included a number of NGOs, as well as representatives from the police and Corrections departments. I congratulate NAAJA, NTCOSS and the Red Cross for driving that forum. It brought stakeholders together for a very open and honest discussion, as well as recognising that things in the system were not right and needed to be addressed.
On the back of that forum I ventured to Melbourne to learn more about the Children’s Koori Court and other therapeutic court processes, such as the Assessment and Referral Court List. I spent two days in Melbourne with many people who are engaged in that system, learning about how it operates and how it is driven by data. They are always looking for an evidence-based approach, hence the importance of a dedicated program analyst who is crunching through the data to see the success that is occurring. They are seeing success in the way they deal with people’s offending behaviour to keep them out of prisons.
From there I went to the Parramatta Children’s Court in Sydney to observe the relatively new Youth Koori Court which magistrate Sue Duncombe established in February. I met her at the youth justice forum. She provided a presentation and I spoke with her afterwards, and subsequently I made further contact with her. I was welcomed to visit her court at the end of October and had the opportunity to sit in the court, as I did in the Assessment and Referral Court in Melbourne, and observe matters and processes that people go through in these courts.
It is not about - as the minister might say - running our fingers through their hair and giving them a hug. These people appear before the magistrate, who does not sit at a bench but sits at the table in front of it, directly opposite the offender. To be eligible in the system, the offender must have pleaded guilty to what they have been charged with.
I observed the offender placed front and centre. They are given a voice and provided with support to try to accept responsibility for their offending behaviour and address that behaviour with support mechanisms and problem-solving support. We are talking about people who may be in the child protection system, who have mental health issues or cognitive learning difficulties, who may be homeless or have alcohol and drug addiction issues.
These are the type people who are also appearing in our courts. Unless we are able to factor some flexibility into our justice system to deal with these people and give them the opportunity to address their offending behaviour with the right support system, all we will ever see is the continuation of a sausage factory approach to justice - a one-size-fits-all approach. We will never see anything different.
I observed in these courts that these people have a chance to turn their lives around. Some of them do, some of them do not. Magistrate Duncombe was devastated with one of the final matters she was hearing that day. It was a young man they had worked so hard for - she spoke about him at the youth justice forum - who had breached bail. There was a warrant out for his arrest and he had lost the opportunity given to him. It is not always about seeing success; it is also about giving people opportunity.
On the face of it, for what we pay to detain people in our corrections facilities versus what we might spend in justice reinvestment, there is a reward, a monetary gain and saving that comes from that. I have talked about it before and I will talk about it again; we had the SMART Court in the Northern Territory, which allowed people with drug and alcohol issues, not violent offenders, to address their offending behaviour and get back on track without going to prison. But the Attorney-General shut that system down with no evaluation or assessment. One of the strong pieces of advice I received on that front from senior members of the judiciary in Victoria is that if we return to a similar model, should a Labor government return in the Northern Territory, we must ensure we enshrine those courts within legislation so they cannot be overturned.
That was similar to the advice I received from the former Labor Attorney-General in Victoria, Rob Hulls, who, a number of years ago, drove the reforms within Victoria and is now working in the Justice Centre at RMIT, driving a policy reform agenda. I value the time he afforded to me while I was there to talk about why these reforms are necessary.
I wanted to ask the minister whether he agrees in principle to the Making Justice Work campaign in the Territory, which is driven by no fewer than 20 organisations across justice and legal bodies as well as social services. Within the brief flyer about Making Justice Work, it outlines the principles and starts by saying:
It then outlines the five principles, number one being:
Principle number two is:
They state here:
The third principle is:
It goes on to say under that principle:
The Attorney-General, through his Sentenced to a Job program, agrees with that principle.
The fifth principle is:
It goes on to say:
Madam Speaker, I seek leave to table that document on Making Justice Work.
Leave granted.
Ms WALKER: My question to the Attorney-General, in looking at the Making Justice Work campaign, is does he support the principles? I know he supports principle number four. This is a non-political organisation. There are no fewer than 20 NGOs involved in Making Justice Work.
I have found it distressing at times to learn of the treatment of young people in detention. Chilling footage as captured on CCTV and broadcast on news bulletins of a young person, I believe 13 years old, a young boy not wanting to change clothes, forcibly held down, stripped and made to change. Then there was the riot at the Don Dale centre in August 2014, which triggered the Vita report and, subsequently, a report by the Children’s Commissioner.
The use of handcuffs and spit hoods on those young offenders following the riot was shocking. Spit hoods were used on all of the young people who were transferred - six of them I believe - even though only one of them apparently had a history of spitting. In discussions about youth justice in the Northern Territory, when I was visiting the courts in Victoria, it was raised with me by a number of people who work in that system, including the judiciary, with raised eyebrows. People are horrified to learn of some of the practices that are accepted in the Northern Territory.
The government’s handling of youth justice has been unravelling in the last 12 months. The government’s response to the Vita report and the Children’s Commissioner’s subsequent report has been lacklustre. I am not sure this Bail Amendment Bill to introduce electronic monitoring devices on young people will do much, if anything, to turn that around.
There is an advisory group meeting every two months to discuss the implementation of the Vita report recommendations, but it does not address the issues identified by the Children’s Commissioner. The advisory group, as far as I understand, does not address the very serious allegations of mistreatment raised by a former youth justice detainee, a 15-year-old boy, who spoke at the youth justice forum I attended.
In the first nine months of 2014 there were 12 disturbances in youth justice facilities, compared to five in 2013 and five in 2012. This pattern has continued into this year.
The government criticises the own-motion investigation by the Children’s Commissioner, but the CLP had pushed for this change of power as far back as 2010, until these powers were introduced under the former Labor government in 2011.
The Children’s Commissioner’s report and the Vita report are equally damning of the government’s handling of youth justice. They both agree that in relation to the August 2014 riot:
the children were kept in isolation for extensive periods of time, contributing to the riot, as long as 23 hours a day, which is in breach of the act, let alone human rights
communication with these young people was insufficient and they became agitated at ongoing detention
staff were not adequately trained to manage critical incidents, even though a Children’s Commissioner’s investigation in December 2012 specifically recommended improved training and critical incident handling be implemented by the department
a contributing factor was that the Department of Correctional Services had failed to lock a cell door and, therefore, provided the opportunity for the young person to escape
the lack of communication between personnel led to poor decision-making
the use of tear gas at that riot was violent and breached the Youth Justice Act
inaccurate internal reporting resulted in incorrect information being provided to external resources
lawful authority was not provided by the magistrate to transfer the six detainees from Don Dale to the adult prison
there were no policies or procedures related to the use of spit hoods and there was a lack of appropriate training, development and commitment to negotiation and mediation to resolve the confrontation.
This bill provides for a mechanism to support bail conditions for young offenders by providing electronic monitoring to keep them out of detention and out of remand. As I said, on face value it is a reasonable thing to do; it is a cheaper thing to do so taxpayer dollars are not spent on costly detention. It costs over $500 a day for young people.
I hope an EMD will work for some of these young people under this bill. But the bigger question here is about the need to support those young people - many of them already in the minister’s care - to not breach their bail, address their offending behaviour, have an opportunity to accept responsibility for their behaviours and, with the right support, turn themselves around.
Many of these young people do not have family support or parents with the capacity to care for and raise their kids. The minister has said repeatedly that the government is not responsible for bad parents, and if parents took responsibility for their kids we would not have these issues. That is a complete head-in-the-sand approach to the reality of the levels of disadvantage we face in the Northern Territory. If these children have bad parents, who is there to support them?
The minister is not interested in justice reinvestment, therapeutic justice or giving offenders, where appropriate, a chance to address their offending behaviour. In doing so, he ignores the advice of legal experts and members of the judiciary. He ignores the evidence. You only have to look to Tasmania, where the number of young people in detention has dropped dramatically because they have turned their youth justice system around.
The minister has implemented boot camps, which provide opportunities to help young people turn their behaviour and their at-risk status around. Where is the data about what boot camps are achieving?
We will watch, with great interest, the impact the use of electronic monitoring devices will have on young people, and their effectiveness in keeping them out of remand, detention and the cycle of reoffending.
I thank the minister for bringing this bill before the House. We have indicated our support. Still, we have concerns about how the most vulnerable offenders are failed by the youth justice and child protection systems.
Debate suspended.
The Assembly suspended.
Continued from earlier this day. Mr WOOD (Nelson): Madam Speaker, I need to calm down. I got so excited when the Chief Minister said, ‘Down, down, down’ in Question Time. I thought he was advertising for Coles, but he was not.
Members interjecting.
Madam SPEAKER: Member for Nelson, please, pause. Honourable members, please be quiet, so we can hear and I can get the attention of other members.
Mr ELFERINK: A point of order, Madam Speaker! I apologise; I understand the member for Stuart wanted to make a personal explanation at the end of Question Time.
Madam SPEAKER: No, she cannot because I have not seen any information about a personal explanation.
Mr ELFERINK: I thought it had been arranged through your office.
Madam SPEAKER: No it has not.
Mr Tollner: The Speaker is hostile towards you, Bess.
Madam SPEAKER: Member for Fong Lim, please leave the Chamber for one hour pursuant to Standing Order 49.
Madam SPEAKER: Leader of Government Business, I have not received any information about a personal explanation.
Mr ELFERINK: I will find out what has happened. I was of the understanding your office had received that.
Mr WOOD: Madam Speaker, we are discussing the amendments to the Bail Act, and I thank the member for Nhulunbuy for many of the issues she raised. Many of us support what has been put forward. It was being discussed earlier that this is one aspect of juvenile justice and we know there are many issues that need to be resolved in relation to juvenile justice.
I spoke to the Commissioner for Correctional Services before he lost his job. He explained why the Corrections department was looking at the introduction of electronic monitoring of juveniles. When you first think of it you say, ‘They are juveniles; why should we do this to young people?’ However, I remember a petition that was presented earlier this year by many concerned rural residents who felt that young people out on bail were just going back out - in this case to the rural area - and committing offences. I thought the application of a monitoring device could reduce that type of offending.
I understand from the bill that this would be done by a magistrate, who receives information from Correctional Services or the police and then makes a decision as to whether the person should wear one of these bracelets. The advantage of having one is you are keeping someone out of the prison system and, hopefully, enabling that person to take some responsibility. If they are seen in places where they should not be, they will be back in prison.
The other benefit is it is more than likely that person will not run off with a group of people who are continuing to commit offences. It might also have the extra benefit that the people this person normally hangs around with will not want to know them because they might be traced, and that would not be very good for the gang. With the conditions that apply to it, this is a positive approach. You cannot look at this in isolation from other things that need to occur. There is a minority of youth who cause problems. The vast majority of youth are fantastic people.
The member for Goyder and I went to Taminmin recently and we did a lip dub. I will never work out what that means, but it is miming, in plain English. We did it with the whole school; there were young people dancing and singing. The finals are this week and the best lip dub will be announced. We hope Taminmin will be in that.
When we talk about youth justice, let us not lose sight of the fact there are some great people. You see them at the beginning of the year when they receive awards for high marks for Year 12, and you see what youth can do. When we discuss youth justice, we have to make sure we do not lose sight of the fact we are talking about a minority of young people.
A couple of questions need to be asked about the practical side of the bracelets. The minister said they are waterproof, but one of the issues some time ago whether they were lightning proof. There were issues many years ago about whether these bracelets could attract lightning. I am not saying they do, but it was mentioned regarding earlier models of bracelets. I wonder if that is still an issue.
We have issues that go hand-in-hand with this issue. I have mentioned Wongabilla before, which is a diversionary program. I think we have to make sure those diversionary programs are well-funded. Places like Wongabilla are important. I have also mentioned the boot camp, and I thank the minister for the invite to go there. What is missing in the Top End is something like BushMob. It has been said that most of the people we are talking about are young Indigenous kids. I visited BushMob as part of the ice committee. I was also at the Australian of the Year Awards for the Northern Territory; Will MacGregor from BushMob won that award.
I should read why BushMob is important:
I understand it is a very successful program, and I think we need to expand it. It is easy to say expand, but you need the right people. People like Will MacGregor are special people.
BushMob is also talking to the government about using the boot camp at Loves Creek, which is great. I sit here and listen to some of the debate and I think of how Wildman River, Gunn Point and Beatrice Hill closed down, and now we are going back and doing the full circle again. It is good that we have people like those at BushMob, but we need more of that.
All that we are talking about today, in regard to bracelets and electronic monitoring, is a small part of what is needed. You would hope you do not need this, and that we can try to get all kids back on the straight and narrow. I think the government should seriously look at something like the BushMob in the Top End. It is mainly aimed at Aboriginal people, but not exclusively, and the interesting thing is is it attracts people from interstate. That is the sort of reputation it has.
I still think we should look at a family responsibilities commission. I am not sure where all these kids come from, but if they come from the bush, there are opportunities. I have this book called Taking Responsibility - and this is putting responsibility back into the hands of people in communities. I would be interested to see if there is any possibility this could be applied in an urban situation; I am not sure. It is something we need to look at for rural or remote situations. I am not sure where these kids who are getting into trouble come from. Are they urban Indigenous, remote Indigenous or a bit of each?
I feel that we need to look at other practical programs. I can source information from people working in universities. They can give me large amounts of statistics, which is fantastic. But then I find the existing Family Responsibilities Commission, which is working and making a difference to people’s lives in communities. It is using people in five communities as local commissioners. It is changing the lives of those people. It takes time, and the minister is very big on responsibility, but it is putting the responsibility back into the hands of the community. Talking of families, many times extended families are the community.
This is something the government should seriously look at as part of an overall plan for getting people off welfare, trying to reduce the effect of alcohol and drugs, and getting people back to work, but also helping young people and keeping them out of the juvenile justice system. You will not get everybody out of it, but that is one positive way we could go.
There has been discussion about a young juvenile in Tennant Creek being handcuffed. I do not know the whole story and what you read in the papers is not always the full story.
One of the areas that has not been discussed, but hopefully will be in the new year, is the FASD report. I was on the FASD committee and I understand there is a pretty high likelihood - knowing the amount of alcohol that is consumed in the Northern Territory - that many children have been affected. Those children could be the ones getting into trouble, because their cognitive senses have gone, as has their ability to know what is right and wrong.
We might be looking at people as if they are all the same. I imagine they are not. Some may come from broken families, etcetera, but some could have cognitive problems caused by FASD. That is an area we need to make sure we look at, especially when sentencing young people.
I remember one of our discussions in Alice Springs. A policeman said the problem with a FASD child is that if the kid smashes a window, a police officer comes and says, ‘You are not to do that; it is wrong.’ The next week the same young person smashes another window. The policeman says, ‘What did you do that for?’ He says, ‘Well, it is not the same window’. Because the cognitive ability of that child has been diminished by alcohol, he has the idea that it was wrong for the first window, but not any other.
I believe there is a place for this bill. As I said before, it is good that the magistrate will look at all the matters before him. The person has to consent to an agreement, which is covered under section 27A(1). Part of the conduct agreement is:
Then they are required to enter into an agreement under section 27, under which there is a series of agreements the magistrate can require you to sign up to. If there are cases where this operates I am interested to see how it works with various people. I do not want their names, but if we knew the court required an individual to wear one of these bracelets - and this might be an individual who has been constantly absconding or breaking bail - it would be interesting to see if it makes a difference.
When we introduce legislation into parliament and say it will do something – 12 months later we have forgotten the legislation was introduced – often we do not know whether the legislation has been successful in doing what it set out to do. That is an important part of this discussion. It is not just about introducing something. It is about coming to parliament and saying, ‘Yes, we have had a number of cases where these bracelets have been used, where court agreements have been part of wearing that bracelet, and it has been successful in reducing the offending of this juvenile’.
I thank the minister for bringing this to the House, and I agree with the amendments.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I start with some observations made by the member for Nelson. I thoroughly agree with him in relation to communities taking greater responsibility. I have been working on a package for some time. Hopefully it will be rolled out early next year in relation to what we can do in remote communities, and getting traditional owners to have greater control over lower level criminal justice issues and civil disputes in their communities.
I note that you referred to the Family Responsibilities Commission in Far North Queensland. I was there about two years ago and had a close look at it. I believe we can do better than that due to the expense component of its model. It has a registry in Cairns and somebody who was a former magistrate, paid at the rate of a magistrate, to travel around as a commissioner. That person meets with local commissioners in various remote communities.
The problem is that the program, when I saw it, was costing about $4.5m to $5m a year for four communities. If you were to roll that out to 78 communities across the Northern Territory your roll-out expenses would suddenly be in the order of about $78m. That is too expensive, but we can do it better. We have many of the structures in place that Queensland did not when it established the commission. You do not need to run a central registry. You can do it much more effectively using local police, nurses, teachers and those types of people as administrative support to a local community. We are looking at models like that going forward.
To give you comfort, we are looking at something in that regard. It has not gone to Cabinet. Nothing is guaranteed and there are no announcements to be made at this stage. I am very open to the fundamental issue the member for Nelson raised about local people and local solutions for local issues. The solutions in Yuendumu may not be the same as the solutions in Papunya. The reason is that whilst it is not on traditional Warlpiri land, the vast majority of people who live now in the Yuendumu region are Warlpiri people. Papunya has mostly Pintupi-Luritja speaking people. They are only 110 km apart as the crow flies, but you have two different cultural structures.
The more remote your decision-maker is, the more general the policy has to be. Consequently, if I am the policy setter and I say we are going to do this, this and this, then the same one policy has to be applied in Yirrkala, Yuendumu, Papunya, Kintore or wherever. I prefer to give people control over their own lives. People should have greater control in their local communities. This is the very antithesis of the former Labor government, which believed then, and still believes, in centralised control. You can see that in the changes Labor made to remote communities in local governance issues.
The former government decided to take local governments from local people and turn them into shires. What cost them the last election was the rage people felt at having their capacity to make local decisions taken away from them. It was the same idea that percolates centralised thinking and has done so for time immemorial. ‘We will create a policy environment that will be rolled out in your jurisdiction because we are smarter than you are.’
The case in point is the intervention. People in Canberra were creating policies for people in Yuendumu. There is some Newtonian physics in this in the sense that Newton once said the gravitational effect on one body in space on another is directly and inversely proportional to the distance from the other body. Similarly, your level of satisfaction with your decision-maker and policy setter is directly and inversely proportional to your distance from the person who makes the policy. Consequently, a bureaucrat in Canberra making policy decisions for people in Yuendumu is almost destined, despite their best efforts, to screw it up.
Nevertheless, that is more a general comment. I hear what the member for Nelson is saying about Beatrice Hill and old Wildman River and I have a great deal of sympathy for that. That is the reason we are doing the Loves Creek boot camps. The plasticity of a young person’s mind when it comes to correcting them is extraordinary if the corrections can be intense enough.
Whilst it may seem a bit facile, it is worth contemplating a TV show you occasionally see on one of the commercial channels called The World’s Strictest Parents. It is run in Australia and overseas.
Ms Manison: It is a great show.
Mr ELFERINK: Yes, but the interesting thing is they only expose these kids to the world’s strictest parents for a week and they are not that strict; they just have standards. After only a week, all of a sudden the kid comes out the other end a transformed human being. I doubt that my crusty old mind could ever be that flexible to rejig my attitudes, but young people are highly susceptible and responsive to those types of influences. I have seen the same in boot camps.
On day one in the boot camp these kids are angry; they are spitting chips and are a complete pain in the arse. It is such a predictable thing that you cannot get angry with them when they are calling you names, because you know full well that it is all bluster and bravado. It is their way of coping with the environment they are in. If in doubt, lash out.
Even by the end of day one - these kids in the boot camps have done their first 10 km of walking on day one - you will hear two or three of them saying, ‘We are stuck with this. We have to get through it so we might as well just shut up and get on with it.’
By the end of day two most of the kids are in that frame of mind. By the end of day three they are starting to enjoy themselves. There are no phones, no bits of this, that and the other. There are no distractions so they end up sitting around camp fires at night, under the spectacular night sky of Central Australia, and they end up talking to each other. There are team leaders guiding them, and these people are bloody good counsellors. Before you know it, these kids are starting to gel and work in a team in a way they have never done before.
By the end of eight or nine days these kids have undergone a fundamental psychological transformation. They smell like polecats because they have not had a wash in 10 days, but the spiritual and emotional change you see in these kids is awe inspiring. They are polite - please and thank you - they are keen to see what they can do to help each other, and they are keen to go back to their world and look at it through a new lens.
It is like Saul on the road to Damascus; it is that type of transition and is worthwhile to see. However, you then have to run cautiously. I have a real temptation to drag more kids into that environment, but that opens you up to allegations that you are stealing kids and those types of things.
We find ourselves with other kids in the criminal justice system. Our criminal justice system is reluctant to lock up kids. I pause briefly to make a couple of observations about that.
Of the kids we invariably find in the custodial environment, slightly more than half are kids that we also have in care under the child protection system. These kids are wayward; they have never had any good parental guidance, which is half the reason they get themselves into trouble in the first place. You cannot lock these kids up when they are in care; you still have to treat them like you are their parent, so you take them on excursions and every so often one of them scarpers. It is as frustrating as all hell.
There is no shortage of people who want to help. There is nobody in this House who does not want to see better outcomes for these kids, but they are starting on the back foot. The positive thing I take away from all of this is simply the numbers. At the moment we have a little over 40 of these kids in the custodial environment and most of them are on remand. I have 1000 children in my care as the minister for Child Protection. If it is true that having an unfortunate home environment leads to criminality, it is not being reflected when you consider the number of kids I have in care compared to the number of kids in custody. There are about 20 of them.
I find that heartening because it means many of those kids in care are in an environment where they are not getting into trouble. They will eventually, particularly if they are in a permanent placement, enjoy the stability of that placement and it will give them opportunities and chances in life that the home life otherwise would not have given them. Very few end up in the custodial environment, compared to the number of kids in our protection as a state because of their wayward home lives and their abuse, neglect and sexual abuse.
There is at least some comfort to be taken and, whilst it is a cold comfort, it tells me most kids - even without the advantages of a stable home life - do not automatically turn to crime, because it is not reflected in the numbers. Yes, there is a great propensity, but it does not automatically follow that a kid in care ends up living a life of crime. Very low numbers go down that path, Gott sei Dank. It is a good news story in that respect.
Kids who turn to a life of crime, unfortunately, find themselves in the court system. We make all efforts to divert them and whatnot prior to entering the criminal justice process. Invariably some of them enter the criminal justice process and some of these kids present themselves as out of control, wayward kids. They make all sorts of trouble for themselves, their families and the communities in which they live. Those kids will get arrested, or summonsed to appear in court, and those courts must determine what to do with them.
It is interesting to note that of the 40 or so kids in custody at Don Dale or in juvenile justice custody across the Northern Territory, two-thirds to three-quarters of them, depending on the day, are not there as sentenced kids. They are being kept in remand. We have to remand some of these kids for all the reasons outlined in the Bail Act.
I do not even know if it is section 26 anymore; it was 15 years ago when I was a cop, but there is a detailed explanation in the Bail Act as to what should be considered when a court determines bail – or an authorised officer, but for the purpose of this discussion we will say a court.
When a court determines bail, flight risk is one of the issues, along with witnesses, protection of evidence, the need to engage in other lawful conduct and any number of other propositions. The courts seem to prefer to use remand, for the sake of holding these kids, to bring them back to court so they can answer for their charges. I do not have a problem with that. Sometimes I sense that the courts could use remand a bit more fulsomely.
Some of these kids get bail. It is frustrating for police because they arrest a kid one day and the kid appears in court because bail is refused by police. The kid then gets court bail and is back at large, and they arrest him the next day or the day after. You have this cycle of kids going through. The courts do not want to lock up kids because it is counterintuitive to do so. It is also a requirement of the legislation, so they are constantly trying to find ways to not lock them up.
One of the ways we are now proposing for the courts to deal with these issues, even if the kids were able to get bail, is to track the kids. You have to remember that 80% of juvenile crime in the Northern Territory is committed by 30% of the juvenile offenders, so we would like to track them.
Then enter the bracelets, which are very useful indeed. We have used these bracelets on a couple of occasions and we have been able to track potential offenders as they moved around the community. We have 132 of these bracelets currently in circulation and there are a handful of children in our community who would need them. I am happy to see the courts whack these on the ankles of some of the kids who cause problems in our community. I hope the kid would think to themselves, ‘Okay, I have a bracelet on my ankle; the police know where I am.’ Alternatively, if the kid cannot bring themselves to be that smart, they go out and do whatever it is they do and we can track them and know exactly where they have gone, at what time and where they were in relation to offences that are later reported. It provides evidence. I would much prefer the kid did not get themselves into any more strife. After a while they should start to figure out that they should not get themselves into strife. Nevertheless, if they do, we can track them.
People have an expectation that the bracelets are somehow indestructible. They are not; they can be broken. A decent set of bolt cutters would probably get it off your leg. But they are quite strong; I cannot break them readily. You can hacksaw them off or whatever. Once one of these things is breached then G4S, the company that has the contract with us, immediately knows about it. If it is a condition of bail to keep this thing on you ankle, and all of a sudden you take it off because you cut the strap, we will know about it instantly.
A classic example, which was a little misunderstood by the media when it was first reported, was when Mr Kamm in Alice Springs, who was on parole, decided to remove his bracelet from his ankle. Everybody said he was an escapee. He was not an escapee; he was at large and he was working. But he decided, for whatever reason, to remove the bracelet from his ankle. Under the old system we probably would not have known for a week or 10 days that he had decided to scarper because Community Corrections would go to his door, knock and see if he was home, and report that he was complying with the conditions of his parole. But if Community Corrections, after seven days, knocked on his door and there was no answer, they would not immediately say he had breached. They would go back two or three times until, ultimately, 10 days had passed before raising the alarm.
In Mr Kamm’s case, when he cut the bracelet, we knew about it immediately and police were advised within the hour. It was a more effective way of dealing with somebody at large in the community who was under some type of conditional liberty. In Mr Kamm’s case it was parole, but the bracelet does not care whether it is looking after a parolee or a Community Corrections person, or somebody who is on bail. Its sole function is to tell you where they are, whether the bracelet is still being worn and whether they are compliant with the conditions of their bail.
For that reason, this is a good tool to ensure we can keep track of some of the little darlings - as I like to call them - who so often break into our houses and steal our cars, and at least remind them that they have a duty not to do those things, or if they choose to do so, we know where they are and when they do it. If they choose to remove the bracelet we can lift them and bring them back before a court because they are no longer complying with their bail conditions. How good is that? It is another step forward for the CLP government in protecting Territorians and looking after the true welfare of the people of the Northern Territory.
Motion agreed to; bill read a second time.
Mr ELFERINK (Attorney-General and Justice) (by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
MOTION
Note Paper – ‘Ice’ Select Committee Report – Breaking the Ice: Inquiry into ‘ice’ use in the Northern Territory
Continued from 2 December 2015.
Mr BARRETT (Blain): Madam Speaker, I thank again all the members on the committee and the committee staff who worked very hard putting together this report. I encourage government members to read the recommendations and see if we can work together to get those recommendations implemented.
Motion agreed to; paper noted.
Mr WESTRA van HOLTHE (Essential Services): Madam Speaker, it gives me great pleasure to stand in this House today and provide an update on the great work and many achievements accomplished by the Power and Water Corporation over the past nine months.
In February this year I provided the House with a snapshot of the many projects and plans Power and Water was in the early stages of implementing. These changes were driven by the Country Liberal government and included new policies and increased funding initiatives to deliver improved essential services and better the lives of all Territorians.
One of the greatest challenges to our utilities service provider occurred on Tuesday 6 May 2014 when the Northern Territory parliament passed a bill to separate the Power and Water Corporation into three new government-owned corporations, or GOCs. These are Jacana Energy, Territory Generation and Power and Water Corporation.
Jacana Energy, the new electricity retailer, looks after electricity accounts and customer needs, issues bills and collects payments. Territory Generation, the new power generator, supplies electricity to Jacana Energy; it will also supply any other electricity retailer that may enter the market in the future. The Power and Water Corporation continues to manage the electricity network and remains the water and sewerage service provider.
Within all three arms of the Northern Territory utilities providers there are many exciting projects under way which are designed to make Territorians’ lives better. The system black, which occurred on 12 March 2014, was a catalyst for major change. It was a time of reflection. The Utilities Commission and Power and Water both undertook detailed investigations. AECOM was appointed as the independent project management office within Power and Water to implement the recommendations outlined in system control and the Utilities Commission’s reports into the incident.
AECOM’s scope also included similar system black events across the Northern Territory, dating back to 2010. In total there were 14 reports and 103 recommendations. AECOM closed earlier this year having implemented 98.3% of those recommendations, which is outstanding. The only recommendations remaining are longer-term in nature and relate to the completion of system studies, staff training and asset replacement. This is an outstanding achievement.
This is a magnificent effort by the hard-working and dedicated staff at Power and Water. Their commitment should be applauded. Indeed, the system black crisis of 2014 was a catalyst for Power and Water to commit to a year of opportunity to improve its service to Territorians. What a year of opportunity it was.
Major infrastructure projects and procedural upgrades have been undertaken to increase the reliability and security of the power network. This is in stark contrast to what those opposite did. The Country Liberal government has done more in three years than Labor managed to achieve in over a decade of government. Labor turned a blind eye to the mounting list of ageing and unreliable infrastructure, and ignored improvements to this most vital service for Territorians.
The Country Liberal government is committed to the continual improvement and delivery of safe, reliable and efficient utility services for all Territorians. Capital works investment for 2015-16 will focus on maintenance and repairs, as well as further investment in electricity, water and sewerage infrastructure. Thousands of homes and businesses across the greater Darwin region now have a more secure power supply with the three new 132 kV circuit breakers at Hudson Creek being fully operational. This work completes a $1.4m Power and Water investment into upgraded services. It is the second stage of a long-term plan designed to improve the security and reliability of our power network. This latest work takes the number of upgraded circuit breakers in the program to six, all installed without any power interruptions to customers. This is a testament to Power and Water’s commitment to providing reliable electricity services to its customers.
The next phase of this program, upgrading another three 132 kV circuit breakers, will cost around $3.5m and is on track to be completed by the end of the 2016 Dry Season. Each and every upgrade is an important link to ensure our electricity supply is as reliable as it can be for Territorians.
In addition to the circuit breaker replacement program and the improvements in consistency of electricity supply, Power and Water Corporation has a major substation rebuild program. This is progressing well. There has been significant progress made in increasing the reliability of the Darwin to Katherine electricity network. This complex work requires in-depth analysis of power generation and transmission to create an optimum environment to ensure sustained electricity delivery to customers. Work completed under the partnership between Power and Water’s system control and Territory Generation delivered 278 days free of under-frequency load shed events, a record which the team is now working to beat.
In the past, if generation capacity dropped for any reason the system would struggle to compensate for the dip in electricity supply and initiate an under-frequency load shed, or a power outage, for electricity consumers. Basically, the system was protecting itself. By adjusting the under-frequency parameters as well as making changes to the spinning reserve policy, more resilience has been built into the electricity system. Ultimately, the work will reduce the number and severity of outages across the Darwin/Katherine region, giving Territorians in this region increased confidence in their electricity supply.
Replacement of the original City Zone Substation is nearing completion with the commissioning of the new Darwin Zone Substation. This important work will result in greater capacity for future city growth with increased reliability. Three further zone substation rebuilds are under way, with McMinns due for completion next Dry Season, and Frances Bay and Leanyer Zone Substations substantially complete. Works to complete the Leanyer Zone Substation into the electricity network took place at the end of September and into October.
Running parallel to the Leanyer Zone Substation connection, work to replace the outdoor switchyard with a new indoor switch room at Casuarina Zone Substation began. All major work on the electricity network brings challenges and a chance of power interruptions. This work was no different. However, just as with the 132 kV circuit breaker replacement program, Power and Water’s system control and power networks teams, in partnership with their contractors, worked together seamlessly to ensure contingencies were in place and the work was completed without disruption to customers.
The Tennant Creek substation upgrade works are progressing well and are due for completion in mid-2016. In Alice Springs, a new feeder from the Lovegrove substation to the CBD is well under way with work to be completed shortly.
The investment does not stop there. The Wadeye community now benefits from a new gas-fired power station constructed through Power and Water’s Remote Operations business unit. After three years of planning, construction of this new, efficient power station was recently completed to replace the old diesel generation plant. Building power stations in remote communities brings unique challenges. Distance, the Wet Season cyclones, flooding and the Dry Season’s heat, dust and fires must all be factored into the construction process and time line. Project managers consider issues like coordinating the arrival of barges with the tides to make unloading equipment easier and safer during the Wet Season. Portable buildings arriving by road trains must work around the Wet Season, when access can be cut for months at a time.
Despite all these challenges, and in the aftermath of severe Tropical Cyclones Lam and Nathan, work has progressed well. The testing of the gas generators began at the end of October and full commissioning of the new power station is expected in December this year, so it should be almost there. As a temporary back up while the new power station begins service, the old diesel power plant will remain available throughout the Wet Season.
This is a great news story for the Power and Water Corporation and, most importantly, for the community of Wadeye. Power and Water is now trialling unmanned aerial vehicles, or UAVs, with local business BT Remote Solutions. Power lines need periodic inspection to identify maintenance needs, and across the Northern Territory there are over 10 000 km of lines. Transmission lines are currently inspected using a combination of methods, including ground-based inspection and aerial inspection from helicopters, as well as climbing and elevated work platforms. Each inspection method has limitations related to access, viewing angles or the asset time cost and security system. UAVs can supplement these existing inspection methods and provide more flexibility with the resources available.
The Northern Territory government is driving reform in the energy sector by removing impediments to competition in the generation and retail electricity markets. The establishment of the Interim Northern Territory Electricity Market, or the I-NTEM, which commenced on 27 May 2015, sees that market data is available on the Power and Water website daily, which includes market prices and system load data. The I-NTEM provides a framework to facilitate the wholesale arrangements of electricity between generators and retailers in the electricity market. This aligns the Northern Territory electricity market to other modernised Australian markets. Initially, the I-NTEM will only be in effect in the Darwin to Katherine region.
Living Water Smart: here in the Northern Territory we acknowledge that water is a precious resource, and Power and Water has taken great strides in educating us on how to conserve water. Power and Water’s Living Water Smart program, launched as a part of National Water Week in October 2014, has identified and saved approximately 1766 million litres - I guess that is 1.7-odd billion litres - of water through leakage detection and reduction, improved metering and community behaviour change. This is equivalent to the annual water usage of 4330 average Darwin homes.
The Living Water Smart team’s water efficiency consultation service is kicking major goals. It includes conducting water audits and encouraging water efficient actions in homes and businesses. Water efficiency consultations have been completed for more than 330 residential properties and businesses, including schools, hotels, shopping centres, clubs and industrial enterprises. Leakage and over-irrigation are the main sources of water wastage on customer sites and dwellings. All major Defence, Parks and Wildlife, Arts and Museums, Territory Housing, Education and City of Palmerston facilities are undergoing water efficiency consultations on infrastructure, parks and ovals.
In addition to the water efficiency consultations, Living Water Smart facilitated the first of a series of annual water efficient irrigation workshops in June 2015. The workshops deliver accredited training modules on water efficient irrigation, and are open to all industry participants involved in garden, park and oval irrigation. As of 19 October this year, over 1900 water efficiency rebates have been issued, including almost 500 for irrigation equipment. Many customers have opted for a professional water garden service, using vouchers valued between $100 and $1200. All participating retailers in the rebate scheme are actively promoting public take-up of water efficient services, fittings and irrigation equipment.
Living Water Smart’s promotional ‘WHY?’ campaign in May and June this year successfully widened public knowledge and awareness of water efficiency by starting and promoting public conversations. During the Dry Season, many water efficient heroes and champions uncovered by Living Water Smart have told their stories and shared their knowledge to help others. Helped by the ‘WHY?’ campaign, Living Water Smart completed another successful ‘Swap It’ showerhead exchange campaign in May, bringing the total showerheads exchange to 1100 and resulting in over 20 million litres being saved each year.
Living Water Smart exhibited at the Freds Pass Rural Show and participated in the Tropical Garden Spectacular in May. This was the most successful year for Living Water Smart at the Tropical Garden Spectacular, as the team signed up more than 130 new water efficiency consultations, double that of 2014.
Educating about the importance of conserving water through Living Water Smart is one part of the picture.
The Power and Water Corporation is working to balance demand for water with the capacity of supply to 2030 through the Darwin Region Water Supply Strategy in conjunction with hydro-economic modelling. The strategy covers the capacity and makeup of the current water supply system, forecasts growth and demand, explores existing and proposed initiatives for demand management and future water source options, and includes a program for the development of new water sources. The hydro-economic modelling aspect is considering the current water source options available and applying a triple-bottom-line analysis to determine the best solution in meeting Darwin’s future water demand. Key water source areas are being assessed for large and small communities across the Territory.
The growth and development of the Darwin region has driven a significant degree of planning and construction in infrastructure assets. This work has included the need to augment the water sources, treatment facilities and network to maintain the standards of service. Similarly, development in Palmerston and the Darwin CBD has accelerated the need to improve wastewater collection and treatment facilities. The Darwin region is reliant on a single water supply source, being the Darwin River Dam.
The augmentation work will increase the contribution from the borefield to the region’s water supply from 15% to 20%. Construction of the Howard East Borefield project has commenced and will bring into service four existing bores within the Howard East Borefield. This will build resilience and diversity into our water sources, which is an important step in securing our water supply for the future.
Work continues on the construction of a new four-million-litre elevated tank required to meet growth in Palmerston, with works on schedule for completion in 2016. Palmerston is one of the fastest-growing towns in the Northern Territory. Water is currently supplied to Palmerston from McMinns pump station via the existing three-million-litre elevated tank located in the commercial centre of Palmerston. The existing tank services a population of about 30 500.
Development in Palmerston’s east - that is, Johnston, Zuccoli and Mitchell - is projected to increase the region’s population by 10 000 to 15 000 people in the next five to eight years. The installation of the new water tank will allow Palmerston to be split into two zones, with the lower-lying areas of Palmerston served from the new tank. This will reduce maximum supply pressures in the lower areas, and provide related demand and asset management benefits.
In addition, a staged project is under way to progressively upgrade the sewerage infrastructure in Palmerston’s east. This is needed with the added load on the system from the new suburbs of Johnston, Zuccoli, Mitchell and Holtze, and the 3500-person INPEX construction village at Howard Springs. A funding plan was developed where INPEX contributed to the construction of the trunk sewer for the loads imposed by the construction village.
Power and Water is also delivering a $2.6m upgrade to the water supply headworks infrastructure at Ti Tree and Pmara Jutunta. This project will deliver a new one-million-litre ground level water tank and two new water pump stations. Also, the Adelaide River Water Treatment Plant upgrade, which is an Australian-first biological filtration system to provide for the removal of iron and manganese from the water, is now complete.
Mr Higgins: Hear, hear!
Mr WESTRA van HOLTHE: Yes, I am sure the member for Daly is very pleased to hear about that.
This upgrade will benefit the residents of Adelaide River by providing better-quality drinking water. While the water met Australian Drinking Water Guidelines, the mineral concentrations meant the water was often discoloured, could stain laundry and was unpleasant to taste. The new water treatment plant is currently in its testing phase and due for its official opening very soon.
I move to Power and Water’s new procurement framework, which has reduced red tape through streamlined documents, processes and approvals. This procurement framework incorporates a strong industry focus to deliver a least-cost approach to business. Using a three-year procurement outlook that gives business advance notice of upcoming tenders, it also provides industry with a better understanding of Power and Water’s business. From the introduction of the framework to 31 June 2015, a total of 35 000 purchase orders have been raised, totalling $572m in goods, works and services. These goods, works and services have been sourced from 1531 suppliers with 1051, or 69%, of them from Northern Territory businesses. This is a modest increase of 6% from the previous year, but, importantly, it continues the trend of working with local businesses to increase their participation in a competitive marketplace.
The local development criterion is now part of a broader context making it easier for local businesses to differentiate their offerings, with model questions in tenders designed to help local businesses showcase their strengths. To make it simpler to do business with Power and Water, there is now a central point of contact at Power and Water for industry.
In line with this government’s new increased focus on Indigenous participation, Power and Water ensures projects delivered in the bush are designed to maximise Indigenous involvement.
Some $1.1m has already been saved through improved inventory management. To date, other savings are non-budgetary and include improved service delivery and reduced supplier effort.
Power and Water Corporation’s Indigenous Employment and Career Development Strategy was launched in July this year. The strategy is an integral part of Power and Water’s commitment to encourage Indigenous employment and career development opportunities across the corporation. Power and Water includes Indigenous employment and participation targets in all senior executive contract performance agreements. The corporation is also identifying specific positions to apply special measures for recruiting using the NTPS Indigenous employment audit tool. Power and Water will also partner with the Batchelor Institute of Indigenous Tertiary Education to gain accredited qualifications for Indigenous employees who have gained skills whilst working for the corporation. Power and Water recently entered into a partnership with the Michael Long Learning and Leadership Centre as an integral part of the Indigenous Employment and Career Development Strategy. I have no doubt that with a person as committed and dedicated as Michael Long this program will be an outstanding success in raising employment opportunities and participation rates for Indigenous Territorians. Power and Water is excited to be a partner in this great initiative. The education program provides Power and Water with valuable opportunities to engage with young Indigenous people about where electricity and water comes from in their community and how it gets to their homes, as well as career pathway options for aspiring students.
The Power and Water Corporation welcomes the opportunity to give back to the community in many ways. The corporation’s community partnership program provides valuable opportunities to build meaningful relationships within the community. Power and Water welcomes the chance to collaborate with organisations that offer support to children, youth and their families, and contribute to academic and life success.
Power and Water has always been a supporter of grassroots organisations. Community groups, projects, events and programs that align with the corporation’s values of safety and environment, accountability, commitment to service, communication and respect are supported. Power and Water works with various community groups to identify their needs and how Power and Water can provide assistance to achieve their objectives. One of these key partnerships includes Camp Quality NT. Power and Water has assisted two children with cancer, and their families attend the family camp, which provides a welcome getaway during a difficult time in their lives by allowing them to unwind, have fun and socialise with other families in similar situations.
Power and Water has been working with Foodbank NT to help raise its profile in the community and facilitate the collection of non-perishable food donations. In-kind support is also provided by sharing expertise to develop a promotional campaign, including two television commercials, one for the Christmas campaign and the other a general awareness campaign. Food donations over the last Christmas period increased by 4.5 tonnes, and Power and Water staff volunteers helped pack over 400 Christmas hampers.
Power and Water is also working with HPA Disability Services to help raise their profile in the community and promote their cause. By sharing skills and expertise, Power and Water can help HPA achieve its objectives and provide a safe and secure living and working environment for people with disabilities.
I said earlier that Power and Water has many projects and plans under way in order to meet this government’s new policy initiatives. One of the projects I am especially impressed with, and have already signed up to, is the roll-out of the ‘GO PAPERLESS’ campaign through Australia Post’s MyPost Digital Mailbox in February, and BPAY View in June. These initiatives provide Power and Water customers with further payment options and electronic invoicing. Even in the very early stage of the initiative, nearly 500 customers have signed up to BPAY View and more than 300 to the Australia Post MyPost Digital Mailbox. I encourage all members of the House to get on board now and go paperless.
Power and Water recently conducted a customer satisfaction survey, and I am pleased to say this survey revealed that 85% of residents and 86% of businesses were happy with Power and Water’s level of service. Satisfaction with electricity services has increased significantly, and satisfaction with water supply and quality remains constantly very high. These outstanding results are a tribute to Power and Water’s ongoing commitment to upgrading essential infrastructure and excellence in service delivery.
As you can see, the Power and Water Corporation has achieved a great many things over the past nine months. I am confident I will have many more fantastic initiatives to update the House on in the future.
Although this is not specifically in the statement, I take this opportunity to give my regards to all the staff at Power and Water, particularly those who will be working over the Christmas period through difficult and dangerous times with our Wet Season storms and inclement weather. I hope they all have a very safe and merry Christmas and a happy New Year. Thank you.
Mr Deputy Speaker, I move that the statement be noted.
Ms MANISON (Wanguri): Mr Deputy Speaker, I thank the minister for bring forward this statement on the Power and Water Corporation and how things have been going within the government-owned corporations.
I also thank the hard-working staff at Power and Water. They are the unsung heroes in our community when the storms are in full pelt or when we have flooding down the track. In the most extreme conditions Power and Water workers will be there, doing everything they can to ensure people have a safe supply of power and water and to address those issues. My gosh, they work very hard and are extremely dedicated to their jobs. They do a fantastic job across the Northern Territory, from the line workers to the underground workers. Some of them are in Territory Generation now - the people working in those hot power stations, the water engineers, the Essential Services officers in all the remote communities – and they do a great job. They have a great team of people who work within the corporate offices to support them.
It has been a challenging time for them. There has been a big change with the structural separation. There has also been a huge amount of change within the senior ranks of Power and Water. After the change of government we saw plenty of senior management let go. I do not think there are any senior managers left from before August 2012 to now. We have seen many board members go and we have seen the second Chief Executive and Deputy Chief Executive – or Chief Operating Officer, I am not sure what that position title was, but they are off now and I wish the new Chief Executive the very best going forward.
In the meantime, Ms Djuna Pollard has been working very hard as the Acting Chief Executive. She is a manager who has been around for a long time, so there you go; you have one. She is a very good operator; that is for sure.
There have been some concerns about the structural separation. I note the Treasurer’s Annual Financial Report was tabled in this parliament at the last sittings on the Thursday night. Within the Treasurer’s Annual Financial Statements there is a letter from the Auditor-General regarding the issues around auditing the financial information in the Treasurer’s Annual Financial Report. In that statement, with regard to what they call the public non-financial corporation sector, which includes the Power and Water Corporation, there was a disclaimer of opinion as part of the Auditor-General’s opinion section. Some of the titles include:
There were some concerning statements in this letter. It also has a disclaimer of opinion. For the record, I will read out these sections of the Treasurer’s Annual Financial Report and the statement section of what the Auditor-General’s letter contained. I put it on the record because I think it is important this is noted in the context of this debate today.
Under the heading in this letter which says:
It reads:
The next heading reads:
And then section C says:
Then under the title ‘Disclaimer of Opinion’, it says:
We have seen this letter in the Treasurer’s Annual Financial Report about the financial statements of Power and Water. I note that we have not seen the Power and Water annual report as yet, or the Statements of Corporate Intent for Power and Water Corporation, Jacana Energy and Territory Generation. I hope tonight we will see those documents deemed in this parliament.
It raises questions about the financial management systems within Power and Water, the accuracy of that information and the quality and accuracy of the financial figures flying between those government-owned corporations.
I turn people’s minds back to estimates this year, where questions were asked of the Chair of the Power and Water Corporation Board at the time. I asked how structural separation was going. We know structural separation was meant to be a completed process as of 1 January this year. However, it became very clear when speaking to the Chair of the Power and Water Corporation Board that they were unable to achieve it and there was still more work to do. Many of the problems had resulted from the issues with the financial systems within the Power and Water Corporation and between the new government-owned corporations.
They did not anticipate full structural separation would be achieved until 1 July 2016. I questioned how much structural separation had cost the Power and Water Corporation to date. I will read from the Hansard where the Chair, Mr Tregilgas, said:
This year being 2015:
I am very keen to hear from the minister when he wraps this statement; I could even hear it from the Treasurer if he has the information at hand. How much has structural separation cost so far?
I reflect on some other items of discussion within estimates this year, which go to the heart of the issue regarding the quality of the financial information and asset information within the Power and Water Corporation in the Statements of Corporate Intent, the annual reports, which we are yet to see, and the Treasurer’s Annual Financial Report.
We asked about the financial management systems and how things have been going. Mr Tregilgas said:
We then asked Mr Tregilgas if the total cost of the program would be $10.5m and he yes. I asked him if that included stage two, because he had previously said there would be a stage two. He said they are not yet committed to the second stage so it was not included. I asked him if there was potential to go beyond $10.5m for the financial systems work they were doing, to which he said:
The statement we just heard from the Minister for Essential Services did not cover any of the issues within the corporation’s financial systems. It did not address the big ugly figure of $10.5m for the financial management system. I am very keen to hear how much structural separation has really cost. Where are the works on the financial management system at right now? How much does that cost? I am keen to see those annual reports and the Statements of Corporate Intent so we can scrutinise those figures. They will be very welcome.
I am looking forward to hearing from the Treasurer. I am sure he will speak since he loves talking about Power and Water. He is very proud of his structural separation. I am very keen to hear his views on the financial information. I would love to hear that I will see those SCIs and annual reports tonight. It would be good because it is the last day of sittings for the year and they are due in. It will be good to see those documents deemed in the parliament tonight.
Overall, the minister delivered a great statement in the sense that it went to the areas of work we do not often hear about within the Power and Water Corporation, like community sponsorships. I loved hearing about Living Water Smart because that is a very important area. We too often take water conservation for granted in the Northern Territory. I will come back to that later.
One part of the speech that did not sit well with me was about infrastructure investment under Labor. I want to bring people’s attention to the budget papers, the expenditure in repairs and maintenance, and the capital works in the Power and Water Corporation over the last few years. We are seeing a worrying decline under this government. Under Labor there was a five-year $1.8bn infrastructure program. In the financial year 2012-13, capital works were sitting at $293m, and repairs and maintenance were at $87m.
We look at 2013-14 and we see the capital works program has stepped down to $217m. The repairs and maintenance have dropped to $78m. We go to the financial year 2014-15 and we see capital works continue to taper down to $195m. Then you look at the repairs and maintenance, which is at $81m. In 2015-16 we are at $194m for capital works, and repairs and maintenance at $88m. If you were to apply indexation and inflation to it you are still under. You are still not putting the money into repairs and maintenance that used to go into those areas. There is a lot of ageing infrastructure. It is important to maintain investment in repairs and maintenance to ensure a better track record and better reliability.
Going to the issue of reliability, I would like to mention a few local issues. I thank the minister’s office; it was good to get a briefing the other day. However, in my patch in Leanyer over the last few months we have had about 11 power outages because we have some pretty major network faults, as I was briefed on. Some areas of Leanyer are fed in through the Berrimah Zone Substation and the joiners on those cables - I am not very good with repairs and maintenance technical stuff - have been blowing up, I have been told. They showed me some pretty impressive photos of the underground cables that have been blowing up. In Leanyer we have been experiencing a lot of blackouts, 11 so far. Hopefully there will not be too many more. As a result, Power and Water has to feed in through the Casuarina Zone Substation. We heard the minister say they are working on Casuarina Zone Substation.
In the build-up all the air conditioners are on. We are all pretty hot and uncomfortable, and that is when the load demand goes through the roof. That is added pressure of extra customers going through the Casuarina Zone Substation. The Leanyer Zone Substation is not fully commissioned yet, but I welcome the fact the Power and Water Corporation and the government will bring forward that work from the middle of next year to early next year. It is not ideal to have these extra loads going through Casuarina.
We have experienced other issues where the Casuarina zone power comes into Berrimah, apparently, and there have been some issues underground there as well. We have had load shedding events in Leanyer. People have been taken off twice during those outages because of the need for load shedding. One of those outages was caused by a bat, so there is not much you can do about that. For the extra money people pay for power and water, we have some full-on reliability issues. Capital works and repairs and maintenance make a difference.
I was glad the minister’s office briefed me and I am glad to hear Power and Water was aware of the problems in the northern suburbs. I have some very nervous constituents concerned about what will happen when the big storms roll in and the rain starts. We are experiencing outages now and people are on edge about what they can expect in the Wet Season. That has been quite a concern.
The other thing I wanted to raise the minister is Muirhead. It the same question I always ask in estimates about Muirhead and the waste stabilisation ponds in Leanyer. We know that Power and Water will not expand those waste stabilisation ponds, even though housing has caught up with the boundaries of those ponds. Muirhead is up against the border of the waste stabilisation ponds site, but the practices have not necessarily caught up with the fact residents are living around that side.
There is a practice where, as part of the maintenance, they de-sludge the ponds. The ponds are emptied and they get all the material out and stack it up. It is a shocking job. We need some commitment because there is a new suburb next to those ponds and the practice of removing the sludge and keeping the content piled up in big hills on-site at Leanyer needs to stop.
It is no longer the place to keep that waste; they need to move around when they de-sludge those ponds. It is time to find a new site and start implementing new management plans around the Leanyer waste stabilisation ponds. Residential development has caught up, and it is time those practices cease. Power and Water needs to be acutely aware of that.
I have some other questions for the minister. I raised questions about the future of system control and the part privatisation of system control, and I am sure the Treasurer will explain it as part of the move to the national regulator and what they will do to clear that up.
This year there has been a lot of discussion about the Remote Operations unit. Remote Operations typically sat within the Power and Water Corporation, and people had heard earlier this year that it would transfer to Local Government and Community Services. Does its future still lie within the Power and Water Corporation? Are those staff staying there? When you hear the same messages going around in circles there tends to be some truth to those matters. It will be interesting to hear what is happening there.
I look forward to seeing the revenue in the annual reports, as well as how much additional money the government has taken out of families’ pockets this year with the 30% increase. Up until the last 5% increase on 1 January this year, the government had managed to get an additional $150m through the 25% power price increase, the 35% water price increase and the 20% sewerage price increase. That was the additional amount of money they were able to get from families. For a large family that was an extra $2300 a year, for a small family around $1000 a year, and for a small business around $9000 extra a year.
The government has spoken very highly about its gas interconnector, the Power and Water excess gas and the plans for that, and what it will mean to the bottom line of the Territory. How much will they get out of that?
One thing I was concerned about when we went down the path of structural separation was what would happen with staff. I remember at the time, during debate, I heard the Treasurer say at times he felt there were a few too many staff and they had a bit too much equipment. But when I looked through the figures from the OCPE website to see where staffing numbers were at, it looks like there are about 100 more staff members at Power and Water and Jacana. I thought the staffing numbers might go into decline, but it looks like there are now more people. I do not know if that has been through duplication of jobs or more resources having to go into other areas because of post-structural separation, but it will be interesting to see how that goes.
I will turn back to the statement where the minister spoke about the Living Water Smart program and the efforts around water conservation. I have been extremely impressed by the work of Power and Water in that regard. Too often people take for granted how precious water is, and I do not think people fully appreciate what happens if we do not have a good Wet Season with plenty of rain. In previous years the people at Power and Water have been on edge about how much water we had. We are the highest water consumers in the nation in the Territory, particularly around Alice Springs and Darwin; we use a huge amount of water.
Mr Wood: Including evaporation.
Ms MANISON: Yes, evaporation is an issue too, which is why, under Labor, work was done to raise the Darwin River Dam to make sure we could get more water in there, maximise the dam’s usage and get as much water out of it as possible. We have also seen other projects, such as water recycling in Alice Springs around the AZRI site. Perhaps the government thought that one water conservation measure, as well as a revenue measure for them, was to raise water prices by 40%.
I congratulate the Living Water Smart team. The campaign they are rolling out around the Territory is fantastic. Anything it can do to raise awareness and get people to change their behaviour when it comes to water consumption is a very positive thing. It should be applauded. Well done to that team; it is doing a terrific job.
As I said earlier, too often people do not see the community support and sponsorship work undertaken by Power and Water. They are very careful with who they choose to partner up with and sponsor because they want maximum benefit for the community. They do a very good job supporting some great organisations. It is great to see when times get a bit tight financially that money is still flowing into those important community groups, because they need it.
It will be interesting to see if the government is doing any work about the feed-in tariffs for solar energy. People raise concerns about this because a solar tariff is currently sitting at one-for-one, and more people are taking that tariff up. Power and Water is working to harness more renewable energy. The more solar power we have the better. We know Power and Water is looking at Tennant Creek and Katherine. I appreciate that is a Territory Generation issue, but having renewable energy in the Northern Territory is positive and we all want to see it.
I thank the minister for presenting this important statement about the Power and Water Corporation. I look forward to seeing those annual reports and Statements of Corporate Intent and I hope to see them tonight. That would be very good. The Treasurer is shaking his head, so I am a bit worried; it does not look like I will see them.
If he is not able to produce the Statements of Corporate Intent and the annual reports this evening in parliament, it will raise more questions about what is happening with their financial systems. It is a very serious issue. It is important for people to have confidence in the financial management and information of the Power and Water Corporation. We are talking about billions of dollars’ worth of assets. It is one of the most asset-rich government-owned corporations of the Northern Territory.
In other jurisdictions conservative governments sell or privatise the utilities which are very asset-rich. We will always keep a very keen eye on this government given it has such great form when selling things, such as TIO and the port. We will continue to ask the questions about whether it will sell any parts of the Power and Water Corporation, Jacana Energy or Territory Generation.
I thank the minister for introducing this statement. I look forward to hearing the Treasurer and his views on how those issues with the finances are going.
Mr WOOD (Nelson): Mr Deputy Speaker, I thank the minister for his report and also take note of what the member for Wanguri said about Power and Water. I refer to the NT News headline, ‘Power Water’s books in muddle’. I will not go into that; I am sure the muddle-headed minister will sort that out.
Mr Tollner: That is offensive.
Mr WOOD: Oh, no, it is not. It is something out of the Toad of Toad Hall.
Yesterday there was an outage in the power station, which I understand was a gas outage. I remember there was a gas outage once before and the Council of Territory Cooperation of this parliament held an inquiry into that gas outage. I am interested to hear if the minister can give us a update on what the problem was in relation to gas at what I presume was the Weddell Power Station. I am interested in the minister’s response to that because in his statement he spoke about the system black and how they sorted things out in the period when things were falling apart. Now we have an outage in relation to something to do with the gas. It would be great to get a report.
The member for Wanguri talked about Living Water Smart, which I think is a great program. Minister for Transport, I hope you do not plant lawn, swamp lilies or sweet potato from one end of Tiger Brennan to the other. If there is a landscape design, it should be Living Water Smart and it should be native plants. If a government is serious about not using water, there is no way it will plant lawn. I went past Tiger Brennan Drive the last few days and they are planting lawn already.
Mr Tollner: It is a wonderful development.
Mr WOOD: I am not knocking the road, thank you very much. I will be very pleased to see the road completed. I am sick of witches hats and 75 variations of speed limits every day. Besides that, it is a good road.
You will landscape it, I presume, otherwise half of it will wash away. I hope the people who are promoting Living Water Smart talk to the department that is planting trees. Plant trees that do not need much water; that is all I am saying.
In relation to the 19 Mile depot, we received an answer from the minister about the electrical maintenance depot. The minister said that currently there are no planned changes. I want to be guaranteed a bit more than the word ‘currently’. I ask the government to guarantee it is not ‘currently’, but that it will stay there. I think you would be crazy to move the electrical workshop to East Arm. It would be so far away. When there is a lightning strike at Acacia Hills and they have to fix a conductor or a transformer, you would hope they do not have to come from East Arm to fix it. I hope the minister will support that electrical substation.
There are other issues, and I thank the minister, who is now the Treasurer. He announced during the budget there would be some money for the Howard Springs Rural Activity Centre. I thought he was a bit of a dill, and I said so, but he clarified that he meant the Howard Springs Accommodation Village. I thought he meant the Howard Springs forestry.
I am glad the sewerage is coming to Howard Springs. By the way, it is more than $3.6m; it is now $11.8m because they are taking it through Coolalinga and Zuccoli. We have had two public meetings, and Power and Water representatives did not turn up.
How do the people who live in Howard Springs know whether they need to connect to the sewerage, and how do they know how much it will cost, because there is a housing development occurring at present?
Mr Tollner: I will get them out there for you, Gerry.
Mr WOOD: Yes, but will people have to connect? The housing will have treatment plants. We need to sort that out. Noonamah Ridge has brought out its EIS. If you read the executive summary you will notice they do not have water and they do not have a sewer. It looks like they will have to build an overhead tank and use bore water.
You would think that if we put a town of 16 000 people, not 11 000 as they say - if you look at the figures for the rural area, we multiply faster than in Darwin - you would put it at Weddell because that is where the sewerage is planned and where the water infrastructure is.
Read the executive summary for Intrapac; they will have to put an overhead tank in for the first 500 dwellings, because Power and Water cannot supply. That is not a surprise because this thing is out in the scrub. It is like building something out the other side of Finke; it is just dopey. Well, not quite that far, but you get the idea. It is not related to anything, except someone owns the block of land.
There is also the issue of the Humpty Doo development. The Minister for Infrastructure would remember that development very well; it went underwater a bit last Wet Season. They cannot connect to infrastructure. It was full of boat houses. I am not sure what is happening to that. The development has come to a dead end. It would be good to hear from the minister, as he will hopefully respond. I am not sure which minister will respond. The Treasurer is also acting in another way as minister for Power and Water, assisting the Minister for Essential Services.
There is a water tower going up on the corner of Lambrick Avenue and the Stuart Highway, and the Chief Minister might look at this.
Mr Chandler: A UFO.
Mr WOOD: No. Why can it not be used for tourism? While in Canada I went to the top of a mountain in Vancouver where there is a wind turbine. A lift goes up the middle of the turbine and at the top there is a bubble. You can step out and have the best view ever.
You are building a tower on the best site for a view in the Darwin region. You will see right across Darwin Harbour, across the rural area and across Darwin city. Why has no one given some thought to putting a lift in the water tower and making it a viewing platform? It is on the Stuart Highway where all the tourists go past. Tell me one place you can get a view of Darwin, unless you have the rights to some of the high-rise units which are mostly private, or if you visit the Chief Minister’s floor in NT House. If you cannot do that, there are not many places people can get a good view of Darwin Harbour.
It is not too late for the Department of Infrastructure to look at whether it can use that tower as a viewing platform, perhaps with a restaurant at the bottom. I would prefer a restaurant at the top but they will not do that. You could use it as a tourist attraction. You cannot miss it. It will look like a big space station when it is built. Why can you not double up on the use of that infrastructure? I am not sure why we cannot be a bit more proactive in that way. It would be good for the tourist industry and for locals. When people visit they could take them there and they would get a good view of Darwin Harbour. It would be fantastic.
I have a few questions about the new bores at the Howard East Borefield. The government released some detailed descriptions of the bores in a pamphlet, but unfortunately that pamphlet did not go to all the people in the area. A number of people are concerned the extra four bores Power and Water are planning to pump will affect their domestic bores. I do not think that has happened; it is more a fear of it happening, but I am happy to give this information to the people in Herbert – which is now part of my electorate – to let them know.
I thank the minister for his statement. I hope he takes on board some of the ideas that we do not plant sweet potato from Queensland, swamp lilies from Queensland, ixoras from Queensland or any other thirsty plants down Tiger Brennan Drive. In the first stage of Tiger Brennan Drive at Palmerston we planted natives. Some of those plants, unfortunately, did not come up in some sections and needed to be replanted, but that is low maintenance, low cost for water and it makes the highway look fantastic. You think you are driving through the bush.
Some people want to turn us into Singapore. Singapore is on the equator and does not have a Dry Season. We are slightly different and need to make sure that we plant native trees. That would be a sensible thing if you believe in being water smart.
Treasurer, last time we spoke on this issue you said it would be a great idea to do something with the water tower at Palmerston, but nothing has happened. Could you look at doing something with it?
Mr Tollner: A revolving restaurant on the top.
Mr WOOD: Yes, that is a great idea. If you cannot do that, at least put a viewing platform on top and a restaurant at the bottom. You have an opportunity to use some infrastructure for two good things. One is for supplying water, and the other is, as the member for Daly would like, increasing tourism. Thank you.
Mr McCARTHY (Barkly): Mr Deputy Speaker, I want to contribute to this debate because it would be remiss of me to leave this House on the last day of the 2015 parliamentary year with a minister that brings, in good faith, a good statement to the House, but lays down all the political mistruths.
For the constituents of Barkly, the department supplies all the accurate information and then it gets contaminated politically. I am disappointed in any minister who reads it. I had a very good system when I was privileged to be a minister. When handed speeches to read out, I had a system where I would look a couple of lines ahead. When I saw that political contamination that I felt was not correct, I used to skip it. This minister chose to use it.
Let me make a couple of comments on one of the most comprehensive and important reports over three decades in the Territory regarding Power and Water. That was the Reeves report. I have said in this House many times, I like people I learn from. I remember Andrew Reeves and his reports to Cabinet. It provided the road map for the development of the essential services of power, water and sewerage for the Northern Territory into the future, which is exactly what this government and this minister, who brought the statement to the House, are using. You give credit where credit is due.
The Reeves report also reflected on 30 years of underfunding. It was the facts. Everybody had to cop their fair share of criticism and it has been discussed in this place many times. There were 27 years under the CLP. That equated to about three years, in my reckoning, under the ALP; however, we will take six years because, at the time the Reeves report was introduced, Labor was in its third term of government.
That is the reality and the truth. It is what was facing any government in the Northern Territory that required significant borrowings. As has been mentioned by the Territory opposition’s spokesperson, there was a sum of $1.8bn borrowed to address what the Reeves report outlined as critically necessary, as well as new infrastructure to support the growth of the Northern Territory into the future. That addresses the political contamination the minister read out. That amount, $1.8bn, is what the current government is spending, and I congratulate it for that because it was needed to keep the delivery of essential services of power, water and sewerage up with the growth of the Northern Territory.
We can relate to a very significant event at that time, which was the complete meltdown of the Casuarina substation, where important Power and Water workers were injured. That was a major disaster. The power outages that occurred after the disaster were significant, and it provided the marker for the urgency around these assets, critical infrastructure and what government had to do.
The CLP, in government, experienced its own infrastructure failing and outages, which drove home how important the Reeves report and the borrowings were, as well as the work that is under way, and significant economic stimulus work in the Territory’s essential services.
The other part of the statement to this House was good, and it is great to hear and learn when it is the truth and is meaningful. There is considerable work occurring at the Tennant Creek Power Station, which was scheduled and budgeted for under the previous government. That is great to see because one element of that work is replacing much of the transmission switching and infrastructure, which is over 30 years old in Tennant Creek. It is a considerable project and will be a major economic stimulus to the town while this project is under way. They are moving new gas turbines in, but it had to be complemented by the latest technology in the switching and transmission systems. It directly reflects what the Reeves report said about ageing and failing infrastructure in all components of service delivery.
I will also comment on the Power and Water Corporation, Territory Generation and Jacana Energy staff who work in the bush. It relates to the Power and Water Corporation and the delivery of essential services to the bush. Often this place is very urban-oriented and we very rarely leave the suburbs. As I said the other day, when you see the fading of the street lights of Darwin as you go into the length and breadth of the Northern Territory, it is important to acknowledge all those people in the regions and remote areas who are working to deliver services, because it adds a new layer of complexity. It is not easy working in the bush, but there are some amazing projects going on which are not just about maintenance, but new capital works as well.
I also thank the Power and Water Corporation, Territory Generation and Jacana Energy for the excellent briefings provided to the Committee on the Northern Territory’s Energy Future. That is a great committee. It is a sessional committee of the parliament which is collecting incredible evidence that will inform government into the future. As a member of that committee, it has been very enjoyable and a great learning exercise, especially when the Power and Water Corporation, Jacana Energy and Territory Generation have appeared to brief the committee and supply valuable information. That relates to their push into the renewable energy sector, which is now of global importance.
It is great to see, hear and understand the initiatives these corporations and companies work through, which is essentially paralleling what is happening in Australia and across the globe. Northern Territorians are being educated and made aware of energy efficiency, water saving and renewable aspects of the essential services that are available, as well as those those being developed, which will add to our shared future.
In a larger-scale example, I compliment the Power and Water Corporation and its planned solar development in Tennant Creek. It is planning a significant solar farm there. Tennant Creek’s geography is identified as being one of the best solar corridors on the great island of Australia. It is commendable that the Power and Water Corporation is investing in this technology and is very keen on this project. We hope to see it start in the new year. It will be a great research and development project for the Northern Territory because they will be learning valuable lessons and collecting very valuable data, as well as subsidising power into that grid, which is pure renewable energy. I thank them for that and I am looking forward to that project.
My colleague, the spokesperson for this area, also talked about the Power and Water Corporation’s community support programs. Once again, after having a number of briefings about this solar project in Tennant Creek, part of that story is about the Power and Water Corporation looking at some community organisations and the possibility of supporting the Tennant Creek town community. It is very pragmatic and it is great to hear these corporations will get down to a grassroots level and identify its significant plant and equipment, and professional contractors. They will have serious capacity onsite in a regional town, so why not use those efficiencies to deliver some community projects?
I thank the Power and Water Corporation for the opportunity to make comment about what I thought would be priorities in our town and our community. We are looking forward to working together.
I will conclude on a bit of a wild card for the Treasurer, who likes stories from the bush. We heard last night he is definitely a bushie, born and bred in the bush, and he brings those incredible stories to this House.
The Power and Water Corporation was the major sponsor of the Barkly Campdraft and Rodeo, and the youth rodeo training school. When I secured that sponsorship, they were extremely nervous. They had never gone down this path.
The Barkly Goldrush Campdraft Challenge and Barkly May Day Muster, which are partnered major events, delivered that youth rodeo training school. It was the day after the rodeo so it was hard work. Our committee and volunteers had worked for months to put the show together and then had to back up. Working with kids and young people was high-risk business, but we did it very professionally and it worked well. I am disappointed it is not on the current program, but maybe one of these days we might get it back, because there are plenty of keen people.
I thank the Power and Water Corporation. You took a big risk and you were very uncomfortable, but when you came and saw what we were doing as well as the youth involved, you became a very confident and proud sponsor of that event, and that goes to all the events that you sponsor across the Northern Territory.
Thank you, minister, for the opportunity to talk about the positives and listen to the news and plans for such a critical area of the Northern Territory’s development.
Mr TOLLNER (Treasurer): Mr Deputy Speaker, I will not be thrilling you with bull-riding stories or stories of the bush today. I commend the Minister for Essential Services for bringing this statement to the House, as I commend everybody who has spoken today.
I am thrilled that all members of parliament seem to be getting their heads around the idea of structural separation. It has been a learning experience for us all. When I first became the minister of Power and Water Corporation some three years ago, my history in the federal parliament working with the ACCC and others meant I probably came at this from a different angle than other members of parliament.
I was amazed at the lack of understanding of what structural separation and the competition policy reforms of COAG were about. I recall the member for Nelson in Question Time asking me to explain structural separation and whether it had occurred anywhere else in Australia. I remember thinking, ‘My God, we live in a bit of a bubble here in the Northern Territory’.
I do not blame anybody for their ignorance of what structural separation is about. I commend everybody in this place, especially the member for Wanguri, who has grown into that shadow portfolio. There is a lot of stuff I intend to shoot her down on, but I commend her because she has grasped it. She understands the policy direction and why we are doing it. She may well have some issues with the way we are going about it, but I think she is fully across what those national competition reforms were about 20 years ago. The Northern Territory is the last jurisdiction in Australia, and probably one of the last in the world, to put in place a utility market reform and separate out its monopoly government-owned corporations.
It is worthwhile considering the history of the PWC in the Northern Territory. The fact the Auditor-General has not signed off on the Power and Water numbers should not come as a surprise to anybody. The warning signs have been there for over a decade.
The rest of Australia recognised almost 20 years ago that in order to have better transparency and accountability we needed to structurally separate and push for more utility marketization – if that is even a word – to create utility markets.
Looking at the way Power and Water has been handled over the last 10 years or so, there is certainly no failure within PWC. I commend the staff at the Power and Water Corporation for the excellent job they do in keeping the lights on, the water flowing and sewerage systems working.
There had been a failure in government policy. Not too long ago I was having a chat with the former Chief Minister, Shane Stone, who at the time was the Chair of Energex in Queensland. He called me up and said, ‘Mate, what you are doing with the Power and Water Corporation is the right thing. You are taking it in the right direction. It is one of the most complex and difficult businesses I have ever been involved in, but what you are doing is certainly heading in the right direction.’
He said, ‘If I had my time again as Chief Minister of the Northern Territory we would have done exactly what you are doing now. Our problem was that Power and Water was out of sight, out of mind and it was not something we really focused on.’
When Labor came to government in 2001, the previous government copped a severe belting because it tried to keep competitors out of the Northern Territory, and they were fined in court for about $60m for trying to limit market competition. That is when the Martin Labor government made the reform to change the Power and Water Authority to the Power and Water Corporation; it was the first tentative step to market reform.
Things got too difficult because it is a big, deep and complex issue to deal with. We have seen in the last 10 to 14 years or so this build-up of problems. The Attorney-General reminds me this is not the first time the Auditor-General has made a qualified report in relation to the Power and Water Corporation; they happened in the last 10 years of Labor government.
The member for Wanguri talked about the cost of structural separation and the chair, Mr Alan Tregilgas, responding by saying it is around $3.5m. She says that does not take into account the issue with the financial management system. We have known the financial management system of the Power and Water Corporation has had its problems for some time. When we made the decision to structurally separate the Power and Water Corporation, we did so for a number of reasons.
We knew the financial management system was under stress. We also knew the previous Labor government tried to implement an asset management system that was budgeted to cost around $5m. By 2011 the cost of that system had ballooned to almost $60m, and we are still dealing with problems in that system now, let alone the problems we have in the financial management system.
We knew it was a significant issue because Moody’s put the Northern Territory government on a negative outlook, primarily based around concerns with the nature of the Power and Water Corporation, so we always knew it was a can of worms. What I did, for better or worse, was rip the lid off that can of worms. I remember saying to Mr Tregilgas, ‘I have opened a can of worms and now I have a table covered in worms’. He said, ‘Yes, we know there are worms everywhere. There is no putting them back in the can; you actively have to deal with all those problems.’
The structural separation of the Power and Water Corporation is already working in relation to its transparency and accountability. We know the problems that we have. We have a financial management system that clearly does not work. It calls into question enormous amounts of things that happened over the last 10 years within that organisation.
Structural separation is not an easy task. It is a big, complex beast. As the member for Wanguri said, it is the most valuable asset the Northern Territory government owns, and Territorians absolutely value it.
We made the decision to structurally separate the Power and Water Corporation, first, because we, as a government, agreed with the COAG policy around competition, so we knew we had an obligation to do it at some stage anyhow. Second, we wanted to create more accountability and transparency in those various business arms within the corporation. Third, and just as importantly, we wanted to bring competition into the Northern Territory utilities sector so it was not always left to government and the taxpayer to fund new infrastructure, new investments and the like.
It is interesting that Labor keeps talking about how we are getting ready to sell PWC. It is not possible. I know it sounds good politically to run around fear mongering and all of that, saying, ‘Look, the government sold the port and TIO, so we know Power and Water is next’. It is not possible because we have not done the structural separation and the businesses are not running efficiently yet. There is a range of reasons why it is just not possible to sell the Power and Water Corporation.
If I had a crystal ball I could look into the future. I would suggest it will probably be two or three government terms before any of these assets are in a state where they could be sold, if that was the will of some future government. But the suggestion that we are setting it up now to be sold is complete nonsense.
We have pulled together a business and we have Territory Generation operating much more efficiently than it did. Some months ago I announced that the wholesale electricity price has massively fallen from somewhere around $180/MWh to $135/MWh or $140/MWh, off the top of my head.
We have seen massive efficiency improvements in T-Gen, which also has a fully signed-off report because it is now an isolated entity. It is a lot easier to value and understand the assets and the financials of a separated entity. Similarly with Jacana, we are getting a very clear picture of what its costs are and how its operations work. But there are still enormous problems left in PWC that have been there for years; we just did not recognise them while it was a vertically and horizontally integrated company, a monopoly. It was easily covered up. But, separating it out, we are seeing more.
There will be more separations into the future. Water and sewerage will be separated. Indigenous Essential Services will be separated. Accounting separations between these business arms are currently occurring so these organisations will be ready for separation at some stage down the track. We need robust financial management systems in place in order to do that.
There has been a lot of talk about solar from members. Yes, we want solar. We want to cut down on greenhouse emissions, but the most important priority for Territorians and government is to reduce the cost of electricity. We have around 240 000 people living on 1.3 million square kilometres of this Earth. We could quadruple our emissions tomorrow and not make one jot of difference to global warming. As a jurisdiction we are not big emitters.
Our number one priority is the cost of doing business in the Northern Territory. Living in remote communities of the Northern Territory is incredibly expensive, so we are bringing in solar projects to reduce those costs. I have told the Power and Water Corporation that all these solar projects must produce lower tariffs, but they must not reduce reliability in remote areas. I said as a spin-off we have an obligation to use local people so we build depth into the renewable energy market. That is important. There is no point building renewable energy around the Northern Territory if we do not have the people on the ground who can maintain and repair that technology.
Member for Nelson, yes, I love the idea of a rotating restaurant on top of the Palmerston water tower; that would be great. We can push Power and Water again. Ultimately, it should be, and I want it to be, a commercial decision. I want it to be lean, mean, efficient and ready to provide the lowest-cost power with the highest reliability for Territorians. I do not know if putting a revolving restaurant on a water tank will achieve that, but I am happy to raise it.
I thank everyone who has spoken on this topic. I acknowledge that people are grappling with and getting their heads around this issue of structural separation and market reform that is taking place. I enjoy listening to the member for Wanguri; she has done a great job understanding this. She has a long way to go, but she has done a great job.
Motion agreed to; statement noted.
Mr HIGGINS (Sport and Recreation): Mr Deputy Speaker, it is a shame I have to table a report that relates to electricity, but I will give the abridged version so nobody gets bored.
I want to table the Committee on the Northern Territory’s Energy Future’s report into Electricity Pricing Options. The committee’s preliminary inquiry found that the security of the Northern Territory’s energy future is not simply a matter of ensuring access to a reliable fuel source; rather it is contingent upon the development of an electricity market characterised by efficient participation of both the supply and demand sides, with the capacity to adapt to change in load profiles, and deliver the most cost-effective access to energy by all Territorians.
As this is the first committee report to be tabled under the new standing orders, I look forward to the government’s response to the committee’s recommendations, pursuant to Standing Order 201.
On behalf of the committee, I thank those who provided submissions and attended hearings and briefings. In particular the committee thanks the Power and Water Corporation, Jacana Energy and Territory Generation for their willingness to provide the committee with background briefings on various issues of interest to the committee.
I also thank my fellow committee members for their work on the committee.
MOTION
Print Paper – Report of Committee on the Northern Territory’s Energy Future – Electricity Pricing Options
Mr HIGGINS (Sport and Recreation): Mr Deputy
Speaker, I move that the paper be printed.
Motion agreed to; paper printed.
Mr TOLLNER (Treasurer): Mr Deputy Speaker, I present the 2015-16 Mid-Year Report, which provides updated information on the Territory’s economic and fiscal outlook.
The April 2015 budget was developed in accordance with the Territory government’s fiscal strategy, and focused on improving the Territory’s finances by returning the budget to surplus by 2017-18 and reducing the Territory’s debt burden. The mid-year report is consistent with these objectives and highlights a further reduction in net debt compared to estimates in April this year.
While a small deficit is now projected in 2017-18, largely as a result of non-policy changes in revenues, net debt is projected to peak at $2bn and be lower than when we took office in August 2012.
This is an astounding achievement when compared to the forecast debt levels of $5.5bn under Labor.
The key elements of the fiscal outlook presented in the mid-year report are:
a general government operating surplus of $268m in 2015-16 and remaining in a surplus position for all years
a non-financial public sector fiscal balance deficit of $274m in 2015-16, with reducing deficits projected over the forward estimates period
net debt of around $2bn
The 2015-16 Mid-Year Report includes an update on the Territory’s economic outlook. Last year the Territory economy grew at a faster rate than Australia and all other OECD nations. Building on positive growth over the past few years, Territory economic growth strengthened to 10.5% in 2014-15. This was by far the highest growth rate in the nation and the strongest result for the Territory since 1998-99.
The 10.5% growth in GSP for 2014-15 was driven primarily by increases in private sector investment, public investment and household consumption.
Private investment was the largest contributor to this outstanding result, increasing by 16.1% to $13.7bn. This primarily reflects a 28.5% increase in machinery and equipment and a 20.8% increase in private construction activity. The majority of this investment is associated with work on major projects.
Public sector investment also made a significant contribution, growing by 23.4% to $1.7bn. The Territory government’s infrastructure program represents a substantive portion of these outlays. The outlook is for the Territory economy to remain, on average, the strongest performing economy in the nation over forward estimates, albeit at a lower rate than the extraordinary growth of 2014-15.
In addition to the economic growth outcome, the Territory’s unemployment rate averaged just 4.2% in 2014-15, which was 0.2 percentage points lower than the previous year. The Territory continues to have the lowest unemployment and highest participation rates of the jurisdictions. Construction work in the Territory continues to be at record levels, increasing by 90% in 2014-15 to $9.5bn.
There were over 1800 residential dwelling building approvals in 2014-15. Under this government, approvals have averaged over 2000 per year. In the 10 years under Labor, the number of annual dwelling approvals never averaged more than 1400.
The tourism market continues to recover, with nearly 290 000 international visitors to the Territory in 2014-15. This was an increase of 7.3% compared to the previous year, and the largest number of international visitors since 2010-11.
The number of overseas live cattle exports from the Territory rose by 9.8% in 2014-15 to a record 330 000. In addition, the opening of the abattoir in Livingstone means there is now increased capability to produce boxed beef for expanding international markets. Despite the positive economic growth, we are beginning to confront challenges as the investment phase of the resource boom recedes and our economy transitions to the production and export phase of the resource cycle.
The Giles government is preparing for the Territory’s economy transition by providing a supportive environment for investment to encourage northern development. Examples of the government’s private investment strategies in action include:
the establishment of the Northern Territory Infrastructure Development Fund, an independent investment fund that aims to create a self-sustaining pool of capital to be invested in economic infrastructure
Jemena’s commitment to the construction of the North East Gas Interconnector Pipeline, linking the Territory to the eastern gas markets
We are also delivering real reductions in the cost of living for Territorians. Inflation has been moderating since December 2013 and this government is continuing to support Territorians with the announcement of the 5% reduction in regulated retail electricity tariffs, an estimated average fall of electricity prices of $155 for Territory families in 2016.
The Giles government is also continuing to place downward pressure on house purchase prices and rent through its land release strategy, combined with support for new dwelling investment through the First Home Owner Grant. In addition, fuel prices have decreased by nearly 30c per litre over the past year following action undertaken by this government, including the NT Fuel Price Summit in October 2014. This has saved Territory motorists at the bowser and alleviated costs to business.
Last week the Australian Competition and Consumer Commission released its report on the Darwin petrol market, confirming there were higher retail prices on Labor’s watch due to a lack of price discounting and a concentration of supply, leading to an environment of high profits for some retailers. Conversely, the Country Liberal government will continue to look at ways to ensure Territorians are getting the best price at the bowser. We are proud of our economic achievements so far.
I now return to the fiscal outlook. Since the April 2015 budget there have been a number of significant changes, which are reflected in the updated budget projections, the first of which is the effect of the 2014-15 outcome, with a fiscal surplus of $286m, which in isolation has resulted in an improvement in excess of $200m on the net debt position projected in April this year. In addition, net debt in 2015-16 has been further reduced as a result of the long-term lease of the Darwin port. The transaction included up front proceeds of $506m for the lease of the Darwin port land, including the Marine Supply Base at Fort Hill Wharf, for a period of 99 years.
Due to the nature of the transaction, the sale proceeds, in accordance with accounting rules, only have a minimal effect on the Territory’s fiscal balance. However, it results in a material improvement in the Territory’s net debt position. The updated fiscal projections also incorporate the change in timing of Commonwealth-tied revenues, including the following: an up-front payment of an additional $134m in 2015-16, which is related to the delivery of municipal and essential services in remote communities in lieu of annual funding over the next seven years; the carryover of Commonwealth expenditure from 2014-15; lower taxation revenue estimates, which are related to residential stamp duty collections; higher mining royalty estimates based on the latest advice from miners; and some new government spending decisions since April 2015.
The result is a projected fiscal balance deficit of $274m, which is $11m lower when compared to the 2015-16 budget. Increases in Commonwealth revenue have more than offset the carryover of expenditure from 2014-15 and new decisions made since the budget.
From 2015-16 there is a worsening in the fiscal balance position by around $36m in each year over the forward estimates. This is due to lower stamp duty transactions as a result of the softening in the property market, the bringing forward of Commonwealth revenue in 2015-16, new spending decisions and some small increases in net capital acquisitions. These changes have resulted in the April 2015 projected surpluses for 2017-18 and 2018-19 now being small deficits of $27m and $1m respectively.
The non-policy changes affecting the 2017-18 fiscal balance total $25.8m and, as highlighted by the updated projections in the mid-year report, these minor non-policy variations demonstrate the difficulty in maintaining small surpluses over the forward estimates. Despite this, the strength of the Territory’s fiscal position is highlighted by the operating balance remaining in surplus in all years, and the significant improvement in the Territory’s net debt position since April 2015.
Net debt is projected to decrease in 2015-16 by $724m from that expected in the 2015-16 budget, and is now projected to be under $2bn by 2018-19 compared to the budget estimate of $2.6bn. The net debt-to-revenue ratio is expected to peak at 41% in 2015-16 before reducing to 30% over the forward years. For 2015-16 this represents a 12 percentage point improvement on that predicted in the April budget, and over the forward years it is less than one-third of the 98% predicted by Labor.
While not affecting the fiscal outcome, the mid-year report also incorporated this government’s decision to reduce regulated retail electricity tariffs by 5% from 1 January 2016, funded from operational efficiencies in the Territory government-owned corporations following structural separation. These lower prices would not have been possible without the ongoing regulatory and structural reform that is driving efficiencies in the supply of electricity in the Territory.
In conclusion, the Territory’s economy continues to go from strength to strength, a direct result of the Giles government’s commitment to economic development in the Territory. We are also delivering these economic outcomes while continuing to fix Labor’s financial mess, drive down the cost of living and move the budget towards our target of achieving a fiscal surplus in 2017-18.
Mr Deputy Speaker, I table the 2015-16 Mid-Year Report and commend it to the House.
Mrs PRICE (Local Government and Community Services)(by leave): Mr Deputy Speaker, I wish to explain the use of my first language yesterday in the Chamber. I naturally defaulted to using my first language. Whilst I do not apologise for using my first language, I wish to interpret what I said and withdraw.
[Editor’s note: Member speaking in Language]
This says ‘Hear yourself; we always, every time, hear you talking’. It is interpreted as, ‘We always hear you talking all the time’. That is what I said, Mr Deputy Speaker, and I withdraw.
Mr BARRETT (Blain): Mr Deputy Speaker, I table the Subordinate Legislation and Publication Committee’s Report of Ministerial Correspondence on Subordinate Legislation and Publications for 2015.
Rules, regulations and by-laws affect people in their day-to-day lives. It is therefore important that the Assembly maintains a sufficient level of public scrutiny to ensure they keep within the purpose and intentions of the laws under which they are are made and not unduly affect people’s rights.
Since the committee last reported in November 2014 it has examined 32 pieces of subordinate legislation. As part of that scrutiny the committee sought the advice of its independent legal counsel, Professor Ned Aughterson.
The committee subsequently wrote to responsible ministers regarding concerns it had with 11 regulations. This report places those letters on the public record and allows interested persons to see the clarifications regarding the intended operation of the regulations or undertakings to correct any errors, as provided by ministers.
During the current reporting period, I note the committee determined that regulation 4N(2) of the Motor Accident (Compensation) Amendment Regulations ought to be disallowed on the grounds that it went beyond power conferred by its enabling legislation. In accordance with its terms of reference, the committee reported this matter to the Assembly and it was the subject of a separate report tabled previously.
In addition to its examination of subordinate legislation, the committee was also responsible for monitoring the statutory reporting requirements of government entities. For example, under the Public Sector Employment and Management Act and the Financial Management Act, all Northern Territory government departments are required to present annual reports and audited financial statements to the appropriate minister for tabling in the Assembly.
Independent officers such as the Auditor-General, Ombudsman and Information Commissioner, statutory authorities, government-owned corporations and a number of other regulatory bodies are also required to submit annual reports, audited financial statements and inquiry reports to the Speaker or relevant minister for tabling pursuant to their respective enabling legislation. The committee currently monitors the statutory reporting requirements of approximately 100 entities. It is pleasing to note that during the current reporting the committee did not identify any breaches in compliance.
On behalf of the committee, I thank ministers for their responses to the committee’s queries. I also acknowledge the significant contribution made by Professor Aughterson and thank him for his diligence in advising the committee. I also acknowledge the efforts and bipartisan approach of committee members in seeking to ensure a high standard of rules and regulations in the Northern Territory, and compliance with legislative reporting requirements.
Mr BARRETT (Blain): Mr Deputy Speaker, I move that the paper be printed.
Motion agreed to; paper printed.
Mr DEPUTY SPEAKER: Honourable members, I table travel reports from the members for Wanguri and Karama, pursuant to clause 4.12 of the RTD.
Mr ELFERINK (Leader of Government Business): Mr Deputy Speaker, I move that the Assembly do now adjourn.
I wish to place on the record my thanks to my staff, particularly my Chief of Staff, Julian Swinstead, who will soon be moving on. Jana Tumuls, thank you very much for your service in the Attorney-General adviser’s role; I expect big things from you going forward.
I also place on the record my thanks to Cheryl Schmidt, my Child Protection adviser; Craig Jones, my Corrections adviser; and Ms Monique Gale, who I thank very much for her work as the Health adviser - a very tough role. She is returning to New Zealand, where she will continue to be insufferable about the All Blacks winning the World Cup amongst her own kind.
I also very much thank Linda Heidstra, my personal assistant, without whom my life would be a mass of confusion.
I also place on the record my thanks to Ms Tam-Perez, who keeps the mountains of files moving in and out of my office all the time.
I also thank the various DLOs who have come through the office over recent times. I choose not to name them because they work in an effectively anonymous role, simply learning what parliament is about as part of their professional development. I would hate to have somebody misconstrue my wishing them my thanks as being some sort of politically tainted observation, which it is not. I am always careful to make sure the DLOs that come through my office are as separate as they can be from the political environment.
I also place on the record my thanks to the Clerk and all his staff, including the guys in the Table Office - people who have been here as long as I have been here, particularly Steve Stokes. I thank them for their service to the people of the Northern Territory.
I know you are listening, you guys in Hansard, so I also thank you for taking my almost incomprehensible mutterings and turning them into some form of English.
I thank all of the members in this place and wish you all a safe and Merry Christmas.
Finally, I place on the records my thanks and my love to my wife and two ratbag children, whom, once I have finished speaking in about two seconds’ time, I am going home to, grateful for another year passed.
As I look forward to moving into the future after August next year, the life journey we have enjoyed will be continued and embraced with passion and love, and we will have a bloody great time. Thank you.
Mr HIGGINS (Daly): Mr Deputy Speaker, I wish to highlight some great work and recognise some of our sport and arts achievers.
At the recent Screen Producers Australia Awards, local film makers Rachel Clements and Trisha Morton-Thomas of Brindle Films won Breakthrough Business of the Year, while Alex Kelly and Timothy Parish were awarded Ones to Watch Kickstart.
Meanwhile Tanith Glynn-Maloney was selected to participate in the Indigenous Producers Initiative with Screen Australia, and Tanith was also a finalist at the awards as a producer of the short film, Nulla Nulla. Tanith and Dylan River this week collected an Australian Academy of Cinema and Television Arts Award for the best short fiction film for Nulla Nulla.
These awards and accolades are well-deserved and prove, yet again, that our our screen industry, while small, is dynamic and punching above its weight. The Northern Territory government is proud to support the screen industry through the Screen Territory Grants Program, which aims to stimulate the industry, professional development and screen production. Congratulations to all our local filmmakers for their wonderful work in putting the NT on the map in this new industry.
Not to be outdone, it is great to see Rosario Martinez, from City of Darwin, recently being awarded the Dromkeen Librarian’s Award. This prestigious national award recognises library service to young people. Under Rosario’s guidance, the Babes ‘n’ Books story time programs attracted more than 27 000 parents and children this year. Congratulations to the City of Darwin Libraries and Rosario on the award.
Onto sport, I was delighted to recently recognise a trio of young Territory athletes who have each demonstrated determination in the face of adversity. This was at the NT Institute of Sport. Rugby league player Nicolas Edwards, triathlete Matt Ellison and hockey player Jacqueline Graf were all recognised in the NT Institute of Sport Carbine Club Young Personal Excellence Awards. These impressive young Territorians were awarded not only for their sporting prowess, but for their resilience and determination to succeed. They are each inspirational and deserve this recognition.
Also worthy of recognition are the Pumper Jumpers. This group of enthusiastic skippers, led by teacher Kim Rowe, came away from the Australian National Skipping Championships with a swag of medals in 18 categories, and five of their skippers qualified for the world championships to be held in Sweden next year. I am sure members here will join me in congratulating them on this great achievement.
Speaking of sporting achievements, this leads me into spruiking nominations for the 2016 Northern Territory Sports Awards, which the Deputy Speaker knows will be in Alice Springs next year. The nominations period opened this week and runs until 29 January. I hope Territorians get behind their leading lights and nominate them for one of the categories.
This is a celebration to recognise those who go above and beyond their field of sporting endeavours, and I urge everyone to go online, look at the categories and put forward a nomination. It will be great again next year, but a bonus it that the awards will be held in Alice Springs for the first time. This is part of the CLP government’s commitment to take the awards to Territorians, and I am very much looking forward to the celebrations in the Red Centre.
Turning to my electorate of Daly, I was delighted to recently announce, jointly with the minister for Local government, the government’s special purpose grants for Coomalie Community Government Council, Wagait Shire Council, Victoria Daly Regional Council and West Daly Regional Council. Through these grants the Territory government is making it possible for these four councils to proceed with some very important community projects in those areas.
Coomalie received almost $80 000 for a tractor and slasher for roadside slashing. Wagait got $31 000 for waste collection and to engage a consultant to consider waste management options for the Cox Peninsula area. Vic Daly was granted $235 000 for a prime mover and West Daly received more than $190 000 for a curb-side mini-pactor. These hard-working regional councils are dedicated to bettering their communities, and these grants will go a long way towards helping them improve those areas.
Finally, let me wrap up with some words of gratitude. I sincerely thank everyone who assisted me this year in my first year as a minister. Thank you to my hard-working ministerial staff for their professionalism, dedication and hard work. Thank you to my electorate staff and the constituents of Daly, who never let me forget what my job is, in a good way.
Thank you to all my parliamentary wing colleagues for their support and counsel throughout the year. Thanks to my departmental heads, Phillip Leslie and Hugo Leschen, and their staff, for their incredible work and support throughout the year. Thank you also to Dr Bill Freeland for his intellect and honesty in his role as the independent head of the NT Environment Protection Authority. Thank you to all the staff of the Assembly for their fantastic support throughout the year.
Finally, thank you most deeply to my wonderful wife, who is on her way in at the moment, and our terrific sons and the rest of our family for their support and love throughout the year. It is not an easy life for families, and I am forever grateful for mine, as I have a close family which help me stay grounded.
Merry Christmas to everyone, I hope you all have a wonderful holiday. Enjoy your presents and we will see you all next year. Thank you.
Mr VOWLES (Johnston): Mr Acting Deputy Speaker, I want to take this opportunity to thank a few people, including a few people in this Chamber, but also everybody who has made the year what it has been and enabled me to do my job as a local member.
To my colleagues, it has been another busy year working towards being an alternative government and listening to Territorians. It has been very tough throughout the year and we still have a focus on being an alternative government for Territorians. I thank each and every one of you for supporting me and supporting the hard work we all do. As those on the other side of the Chamber know, we are away from our families a lot. They sometimes take a back seat, but you need the support, experience and knowledge of your colleagues to get through different situations and issues, and to listen, talk and learn. That is important; we should always be trying to learn.
I say thanks to the Leader of the Opposition’s staff, Anna, Angela, Alf, Tania, Ryan, Kez, and a special mention goes to Charlie and old man Wello. To my part-time EOs, Timika and Scott, thank you for all you do for me and the electorate at the coalface of the Johnston electorate at Rapid Creek Shops in Millner. I thank you.
A special mention goes to my full-time electorate officer, Cathryn Tilmouth, who has been a rock for me this year. It has sometimes been very difficult, but she is always professional and always there, not always with a smile, but with great, tough advice. Often it is the right advice, which has seen me through some tough times this year. Thank you to Cathryn. She has given me some great advice around my role and has served the people of Johnston very well.
I say a special thanks to the Clerk and all his staff. A special mention goes to Diem and all she does for me; it is fantastic. She always has a smile and it is very welcoming to sometimes go through the quagmire of process because it is always very easy and simplified, which is what I really appreciate. Thank you, Diem.
I thank the staff at the Table Office and everybody in Hansard. Sometimes I am so joyful to get out of here and then I realise the Hansard staff are still there working away, so I really appreciate that. We sometimes get their e-mails in the very early morning. Thank you.
Thank you to Speaker’s Corner Caf for feeding me with coffee, keeping me going for a long time, and starting my day there.
I thank all my supporters and staff, and the people who regularly come into my office and see me on a Sunday or during the week to give me some advice and tell what is happening around the Territory. Many different people come in, but I always welcome people coming into my office and talking to me about what is important to them.
To my large and extended family; my beautiful mother, who continues to inspire me; my sisters, Lynda, Rosemary and Rebecca; my brother boy, Robbie; their partners, Guy, Alan, Warren and Tara; my niece and nephews - our growing family is growing. Cohen; Drew; my little nephew, cheeky Braith; Jackson; Hunter; Izabella and RJ - it is important to be surrounded by family when you get the time to spend some time with them. That is quality time. Every moment I spend with my niece and nephews is always a great time and a lot of fun.
To my non-related brother boy, Mods, and his family, I look forward to seeing you soon on my Christmas break. To my boys, Noah, Zander and Ayden, believe in your dreams and we will support you to achieve them.
To PJ, Jan, Cindy, Wayne, Hannah and Jackson, thank you for continuing to be there when we need you and for the many hours of conversation. Thank you very much for getting tickets for Neil Diamond, which was a highlight this year.
To my wife, Danyelle, thank you for always being there. Everybody in this Chamber knows the sacrifice our families make, especially our partners. She has sacrificed a lot for me to pursue my career. She has made sacrifices and faced the injustices directed at her, and she continues to be there for me always, without question, with great advice to get us through. Sometimes it is getting us through the hour, not the day, being there when I need it and running the family home without me around. I will always be very thankful for that.
A quick message to all the constituents of Johnston: I will continue to work for and represent you. I will never forget the gift you have given me of representing you in this House as a member of the Labor Party. Thank you. I will continue to work hard to make sure your voices are heard in this Chamber.
Sometimes much is said across the Chamber and outside on the lawns to the media and on radio, but we all have a common belief in this Chamber that we want to do the best thing for the people of the Territory. Regardless of what I and others have said in this Chamber, we all have that common goal to do what we believe is right for the people of the Territory.
Mr Deputy Speaker, I wish everyone in this Chamber the best and safest Christmas, and I will see everybody next year.
Mr STYLES (Sanderson): Mr Deputy Speaker, last year it was remiss of me to do my thank you adjournment speech backwards. I was reminded that I should put the most important people I want to thank at the front, so when anybody reads this they can see that person is number one.
In that vein, the person I thank most for allowing me to be a constructive and contributing member of the parliament of the Northern Territory is my wife, Linda Fazldeen. Linda is the love of my life. We have been married for some years and we have been together for 21 fantastic years. She is my ever-present companion as I move around the community. There are not many places where you will see me without Linda at my side, with both of us working for our community.
She is also my confidant and adviser. I sincerely thank her for putting up with me in relation to my commitment to our community. I also thank her for what she does separately from what I do. Most people in the community who know us or see us know we are a team. I am very proud of that team and to contribute as I do to this community with her support.
I also congratulate my family - my children and grandchildren - who are also such a great part of my life. My kids give back to the community by letting me do so much of what I do, without placing any demands on me. I love catching up with them at the brunches we have. We used to do dinners, but now they have little kids we do brunches in the middle of the day so it is convenient to catch up. A great thank you goes to my family as a whole.
I also thank an adopted member of our family, John Moyle, who is about four weeks off turning 97. He still sits outside my office at Northlakes raising money for charity. John Moyle has raised many thousands of dollars over the years that he gives to charity, and he has so many boxes on the desk that you can choose the charity you want to give your money to. John is a surrogate great-grandfather for my grandkids and we thank him for that.
I thank my electorate officer, Vanessa McCall. When you find an electorate officer who everybody loves, you know you have hit the nail on the head. Vanessa gets on with the job. She is one of those quiet achievers. She works in the community and represents me when I cannot be there. When you find out from everyone that they just love her, it gives you a warm feeling to know that when you cannot be there, someone is looking after the community. So, thank you very much, Vanessa.
Vanessa is ably supported by our part-timer, Jan Sporn, who is a fountain of knowledge in relation to electorate offices, the Legislative Assembly and all things political. We need these people in our system so they can pass on their knowledge to a variety of people. Jan works for many people in electorate offices and she passes on that knowledge. We are all better for that knowledge; it does not matter what side of politics you are on in this House, if you have good people who can pass on corporate knowledge then we should, and we do, listen to it.
I thank my branch. I am glad we finished a bit early as I have a branch meeting tonight. Without the branch and the effort it gives to me and the electorate, I would not be here. They are a great bunch of people and come up with terrific advice. Some of it I like and some of it I do not, but they are there for the constructive criticism part of what we do as a group of people in the Territory. I thank my branch and the members there.
A special thank you goes to Ron Baker, as always, for what he has done. Ron Baker is getting over a bout of leukaemia, and having had chemo he is a bit bald at the moment. We are hoping he gets over that because we want him to grow his hair and beard back; he looks much better with the hair and beard. Thank you again, Ronnie, for all that you have done.
Gary Haslett, who is the branch chair at the moment, and others, I sincerely thank you.
I also want to mention the Director of the Sanderson Neighbourhood Activity Centre, Paul Wyatt, and the Principal of Sanderson Middle School, Liz Veel, as well as their team for the incredible work they have done to bring to fruition something that was a dream of mine for more than 15 years prior to getting into parliament.
It will be a fantastic scheme and a fantastic contribution to the Sanderson area. It is not just for the Sanderson electorate but all the northern suburbs. It is a pilot program. Once we get the nuts and bolts sorted out it will go Territory-wide so everyone in the Territory can benefit from some of the fantastic things occurring at the Neighbourhood Activity Centre.
I move on to my ministerial staff. They are all sitting up there watching this on TV with Tim Tams which were purchased the other day for this event. You guys are amazing with the schedule I keep and the commitments I have in the community. I have portfolios that require me to be everywhere and you support me in an incredible way.
We are losing Mary Watson, our DLO who has been up there for nearly a year. Mary, you are awesome and we will miss you. If you think we can replace you easily, think again. You have done a superb job, but we wish you well in your endeavours. Whatever you do in life, we know you will succeed because of your dedication to whatever it is you do.
To the people who have come on board this year - Marita Cabot. Marita has been a fantastic member of our team for about six months, and she is a great contributor. To Rod McGrath, you follow me around everywhere at functions and I am extremely grateful for the fact you give up so much of your time so the community can benefit, so thanks for that. Rebecca Barr, the media officer - I was talking to some media people today and they said you are awesome, and we all agree. Thanks for your commitment and all that you do.
To Joss, my former PA, who was moved across to the Department of the Chief Minister, you are awesome and that is why they came and got you for the next job. We love you, Joss. We congratulate you on your efforts and we congratulate you on a new path in life, moving up along the ladder of promotions. Well done.
To Sally Parmenter, you stepped in at the deep end of the pool. We are very grateful for you coming in because we have one of the busiest diaries in this building. You are doing an awesome job so far and we hope you continue to do that job.
To the effervescent Suzanne Turnbull - Suze, you are amazing. We think you must run on Duracell batteries because you just keep going. Thanks very much.
To Gary Shipway, my Chief of Staff, you are across so many things in so many areas. I do not know when you sleep, but I congratulate you on the fantastic job you do when representing us as a team around the fifth floor and in the community.
I sincerely thank my team. You are awesome and I will buy some more Tim Tams for you before Christmas.
I also thank the community in general, including the multicultural community. Those people keep me informed of what is going on so we can be abreast of all the issues in the community. I thank the Legislative Assembly staff, the Clerk, the Speaker and everyone here. To Hansard upstairs, thank you very much for the effort you put in, as well as the staff from the library, right through to the security people who keep us safe in this building. I wish you all a Merry Christmas, have a Happy New Year, and I look forward to being back here with you all next year.
Ms LAWRIE (Karama): Mr Acting Deputy Speaker, I rise to wish Territorians a very Merry Christmas. I hope they have a Happy New Year and a very safe festive season. I hope as everyone embraces the 2016 year, they do so with gusto.
I acknowledge the people who have helped me through a tumultuous year and acknowledge some of the highlights and the lowlights of that. I have had such an incredible journey in my political career. It do not believe it is over yet, nor do my constituents, but the jury for me is out on that until next year when I decide whether I will recontest at the 2016 election. Some people may choose to believe that or not. Quite frankly, I do not care because that is where my family and I are at.
That being said, my sincere thanks go to Kerry Wetherall. I made an adjournment speech about Kerry at the last sittings as my outgoing electorate officer. She has been an absolute rock throughout the seven-and-a-half years we worked together. This year she had helped me in the Leader of the Opposition’s office and did a great amount of work helping many of my colleagues in that role in the leader’s office. She then went back out to Karama to continue helping constituents in Karama and Malak. Kerry, thank you for dealing with that upheaval of coming out of Karama into Parliament House and then back out to Karama. I am proud of you with the work you are doing as a trainee Aboriginal Community Police Officer and you look deadly in that uniform, gorgeous woman.
Thank you to Dean Vlassco, who stepped up and into the Karama electorate officer job. We have had so much fun with the variety of people we work with every day. Dean is heading off to Indonesia to take up some study opportunities. I wish him all the very best, and when he comes back to Australia after his travelling journeys we will catch up again.
Thank you to my local Labor sub-branch. I have been on a journey with those people for more than 14 years. They are awesome individuals. We have such a depth of friendship that it does not matter what the Labor Party did to me, our friendship endures and we have nothing but the deepest respect for each other.
I will not name the individuals because they know who they are. I do not want to make them targets for any sad minds that operate within a particular faction of the party, which is otherwise great. I have expressed to each of them my gratitude for coming on such a wonderful journey with me and I have no doubt we will enjoy many more occasions together.
Thank you to the staff who worked with me when I was Leader of the Opposition. A particular shout out to Wello and Charlie, and to Tania, Sonia and Louise. They are unwaveringly decent, amazing individuals who I have nothing but the utmost respect for. Thank you to Katherine in the media job she did. It was hard yards and really tough. Good on her for stepping out every day during the tough times. Thank you to quite a few of my former colleagues. I have genuine respect and admiration for some of you still. I will not name you for the sake of confidentiality, but I am pretty sure each of you knows who you are. I am confident of that.
Thank you to the Independents for embracing me into the Independent lobby. It is a formidable crew of people I have joined. We are diverse in our political views, and we are diverse in our electorates and the people we represent in the Territory. That diversity has been a thoroughly enjoyable, refreshing experience for me. Thank you Alison, Robyn, Gerry and Kezia for the support you have shown me, and for welcoming me with such decency to the group of Independents.
Thank you to Helen, who is an awesome researcher. She does a fantastic job. Thank you also to the Parliamentary Library, which I am increasingly relying on.
Thank you to my legal team. Oh, my goodness - when people ask me, ‘How are you coping?’, I say, ‘Thank God I have gone through what I have, because otherwise I would not have met these incredible Territorians’. Thank you so much for being here in the Territory and doing what you do every day, for so many people, in your different legal roles. I have learnt so much from you and I have seen so much. I am fortunate to have an incredible group of people in my life supporting me in my legal journey. My deepest and sincerest respect and thanks go to Tony, Andrew - your gorgeous wife Sarah and baby Charlotte. Thank you so much to Greg; you are hilariously funny, smart and amazing, and working hard on the global stage.
Thank you, Peter, for joining us. You are a star and we are lucky to have you. Bless you. Thank you, Alistair and Kathy. You are gorgeous people who I will always admire and count as friends.
Thank you also, on a local front, to my many supporters, the mums and the dads, the young and the old in my electorate who have rocked up to my door and showered me with loving kindness. It has blown me away. For the cards, chocolates, flowers, hugs, tears and love, thank you. I will personally thank each of them, as I have been doing, and I will continue to do, over this festive season. That is the great thing about staying home in Darwin for Christmas; you have time to spend with people.
Thank you to my besties, Vanda and Sally. We have been besties since we were four years of age and still besties. You got me through some pretty tough times and I love you like my sisters, but you know that. Thank you also to my balcony friends. Thank you so much to Joni; you have been fantastic at being my partner at functions. It is pretty cool that you are available to go places with me because people light up when they see you. They love to see you because you are an awesome woman who has an incredible career as a local principal. Thank you, Sonia, for the balcony sessions. Adele, I think of you and everything you are going through in Adelaide. I am so glad you are coming home; we will catch up and give each other a hug.
Thank you also to the Clerk and his team, to Hansard, which does the great hours for all of us, and to the Table Office. I love catching up with Stokesy and Annette and getting information from them. They inevitably find whatever random tabled paper I am searching for efficiently and quickly. Thank you and bless you for doing that.
Also, thank you to my family. I believe in leaving the very best to last. I am the most fortunate person to have my mother. Dawn Lawrie is an iconic Territorian and she has the biggest heart of gold. She stood there by my side through everything, and she inspires me every day. My sister, the trained combat warrior, wants to take down certain individuals. Fortunately she is calm at times and is working through that response, otherwise some people would be in peril.
To my partner, Peter, who has embraced our family and our lives and enriches us, thank you so much for everything you do every day to help my gorgeous kids and me. Jhenne, Bronte and Zac, you are the most beautiful children a mother could ever hope for. My girls are 20 and 19, and they are highly politicised thanks to the bastardry they have seen. They are focused and their generation will change the world. My little Zaccy boy - good luck with going for school captain. Win or lose, you are mummy’s champion and legend.
What a year. I am looking forward to Christmas. I am a better person today by far, by leaps, to the universe and back compared to what I was last year. To all of you who tried to destroy me, thank you because I am better.
Mr CHANDLER (Brennan): Mr Acting Deputy Speaker, I said my thank yous on Tuesday night, but there are a couple of things I need to say about the year. It has been a very busy and exciting period in all my portfolios. I briefly wish to say thank you to those who have contributed to all the success.
To Police Commissioner Reece Kershaw and the team at the Police, Fire and Emergency Services, the work you all do for me and my office, as well as serving all Territorians, does not go unnoticed and we are forever grateful.
To Andrew Kirkman and the team at Transport - Andrew has not been in the top job for long, but he has taken to the responsibility and is running fast. Thank you for the job you are doing and I am glad to keep up with you.
To Dave McHugh and the wonderful team at Infrastructure, you guys are building the Territory into a place we can be proud of. It is a major portfolio, which I am pleased to have. These guys have earned their Christmas break.
Veterans Support comes under the Business ministry. Peter Sims and Michael, thank you very much for your support. Lorne upstairs is, well, a pain in the butt; let’s face it. But I am sure they get on well and I thank them.
To Ken Davies and the Education team, what can I say? Education gets a beating in this House from the opposition. I will briefly touch on a few of the top ticket items I am proud of. I am proud to be part of the Country Liberal government, which is committed to improving the educational outcomes of all Territory students and preparing them to become a job-ready generation.
NAPLAN results released this week showed Year 3 students are leading the way with significant increases in reading, grammar and punctuation, proving once again that our investment in early education is paying off. It is also a tribute to the opposition because Michael’s focus in his own policies is on those early years. We all know how important they are. A stronger foundation will pay dividends for decades to come.
The new Education Act 2015 passed this week with the blessing of this parliament. It will have a positive impact and will assist schools in achieving complete autonomy. After 20 months of consultation, this act was designed by the community for the community. Even the amendments were made on the floor - a bit of horse trading - but we got there, and I thank members of the opposition and the Independents for their support.
Direct Instruction has been a sensitive issue. In late September I travelled to Borroloola, one of the 15 schools reaping the benefits of the Direct Instruction program, which is showing early signs of positive improvements across the board, especially with kids becoming engaged.
Early signs show that students are using English more frequently when speaking, conversing to one another in full English sentences. Students’ attention spans have increased, as well as their ability to stay on task in the class room.
In some schools every child is able to sound out unknown words; they know the instruction methodology and now prompt new or relief staff to support them with their delivery. I am looking forward to visiting remote classrooms over the next few months. It is truly an uplifting experience.
In early October I travelled to Lajamanu and welcomed the flexible school-year model, which will commence in 2016. The flexible school-year model will be trialled at Lajamanu School for two years and will see Terms 1 and 2 extended, and Terms 3 and 4 shortened. This is aimed at improving student attendance.
This is one example of many changes this government has put in place to improve educational outcomes and close the gap between Indigenous and non-Indigenous students. By improving student attendance, we expect Lajamanu students will become more engaged in their learning and be better prepared for the future.
I was thrilled to be able to formally recognise early-years educators and carers for their outstanding commitment to quality services at the Education and Care Awards. All award finalists demonstrated excellence in the provision of early childhood teaching and learning, and share a commitment to continuous quality improvement.
Educators and carers play an important role in contributing to children’s learning, and acknowledging their achievements affirms the high standards we have in the Territory education and care services in our schools. I take this opportunity to thank them for their continued hard work and dedication to Territory education.
Reopening of Central Australian crches - I was thrilled to hear that families in remote Central Australian communities will again have access to local early childhood education and care services following the reopening of two crches in Yuelamu and Atitjere.
I thank the Australian government for working quickly to secure the future of the centres through the new agreement with Alice Springs Group School Management Council. The agreement means we can offer the children in each of these communities a holistic approach to learning, and a seamless transition from an early childhood learning environment into the school environment.
Last month I officially opened the new facilities for the Northern Territory Music School at Sanderson Middle School. The NT Music School provides teaching and support programs for over 1000 remote students across the Territory. These facilities enable the NT Music School to run professional development courses, conduct large ensemble rehearsals and record resources to support the programs.
Most recently the NT Music School has led the way with its cultural exchange with China, which resulted in students from Tongling No 4 Middle School in the province of Anhui performing in this year’s Beat Festival. That was a terrific thing to see.
This government is delivering high-quality infrastructure for students across the Territory. Since the parliament sat last year we have opened and awarded tenders for the boarding facility in Nhulunbuy, the Larapinta child and family centre and the Palmerston Senior College Special Education Centre.
It was great to celebrate World Teachers’ Day with the team at Nemarluk School this year. Teachers have the most influence within our schools, and quality teaching is critical to the future prosperity and productivity of young Territorians.
During the visit to Nemarluk School we met a very special teacher, Laddie the Labrador, or Aladdin, which is his fall name. Laddie helps reduce stress and anxiety in students as well as help students with high-support needs during mobility programs. The Territory has some of the best teachers in the country and I am proud of all of them.
Last week we saw Darwin Middle School become the first middle school in the Territory to become an Independent Public School. Becoming an Independent Public School creates an environment for pushing the school improvement agenda to make a real change and lift student outcomes.
The Country Liberal government is committed to giving schools greater ownership and flexibility to deliver high-quality teaching and learning programs for students. We will see 13 schools commence 2016 as independent schools, and I look forward to seeing that number grow.
On 9 November, during a trip to Dili, Timor-Leste, we marked the beginning of a sister relationship between Maubara School and Wagaman Primary. This sister school initiative highlights the Northern Territory’s leadership and focus on developing relationships with schools in Asia. It not only helps enhance the quality of education in our classrooms but also promotes international friendship and mutual understanding between our two countries.
Last time we visited Maubara School there were no computers for the teachers or students to use in their teaching and learning program. In July 2015 we donated 15 reconditioned laptops and computers to Maubara School. The Territory government is committed to providing the latest technology, including laptops, desktop computers, iPads and satellite connection, to the Northern Territory Department of Education’s NT Schools network. The school is now connected to the NT Schools network via a satellite dish. NEC has been so gracious with its time and effort, and with the team it sent there. The school is now connected through a satellite dish at no cost to the Territory or Dili governments. It was all donated by NEC, which is fantastic. This will enable the Maubara students to communicate with Wagaman students to grow and strengthen their relationship.
During the same visit I officially opened the English language centre at the Sentru Formasaun Profisional Training School in Becora, Timor-Leste. Currently 84 students are learning English at this centre. In 2016 it is anticipated that these students will receive a fully-accredited Australian qualification in English. As part of the partnership the Northern Territory government is funding three staff members, including a teaching principal, Maria Albion. This program is done in partnership with, and under the auspice of, Batchelor Institute; with its support these people come away with Australian accreditations. That is remarkable.
We were able to do this, from thought bubble to opening, in 18 months. There were some people in DFAT working on the same thing; it has taken them three years and they have gotten nowhere.
This government is passionate about education and seeing Territory students succeed. I thank the Department of Education for its hard work, like I thank all my departments, because they do amazing things for the Northern Territory.
Government, or the Treasury benches - whatever you want to call them - are one component, but the staff working in those departments are at the coalface. They deal with the issues we face every day from the political point of view, and they do the work on the ground. I thank each and every one of them.
Have a merry Christmas everyone. Please stay safe and we will see you in the new year.
Mr GUNNER (Fannie Bay): Mr Acting Deputy Speaker, it has been another busy and rewarding year in Fannie Bay with plenty of highlights and outstanding achievements. Being almost Christmas time, in some ways this is a traditional Christmas adjournment where I will thank people, but I will also acknowledge some of the things happening at this time of year.
I thank my local schools. I am very lucky to have five outstanding principals at the schools in my patch. Marcus Dixon at Darwin Middle School, Trevor Read at Darwin High School and Bernie Bree at Stuart Park Primary School are long-standing principals. I have developed good relationships with them and they are running fantastic schools where they look after their students.
We have two new principals on the block this year, with Yvonne at Parap Primary School and Lindsay at St John’s Catholic College. Yvonne is well known to everyone at Parap as she has been there for a long time. Becoming the Principal of Parap Primary School is a very worthy recognition of the work she has done and she is welcomed by the local community. It is fantastic to see someone come from within the school into that principal position. Lindsay is new to St John’s, but I have had some excellent catch ups with him already. I will always have a soft spot for St John’s as it is the school I went to.
On the topic of schools, 16 Year 10 to 11 Darwin High School students are on a trip to Malaysia, where they are participating in the World Challenge 2015, which is an international program where students contribute to a developing country. They have spent two years fundraising and organising the trip logistics. It is a fantastic thing they are doing. They are working at the Grace Commission Community in Bentong, Malaysia, helping with the construction of an Orang Asli education centre, which is a boarding school that helps children develop life skills to improve their chances of employment. They get back on 18 December. It is a fantastic thing those students have done at Darwin High; it is a long-term goal, and a rewarding one at that.
At Parap, students have been fundraising for their eco-garden project using funds from recycling. They have learnt the value of recycling for a cleaner, cooler planet and a greener earth. They have also raised funds this year for the Nepal disaster, and participated in Cyclone Awareness Day.
This is very good news; Darwin Middle School won the Northern Territory regional final for the Tournament of Minds. They are off to the Australasian Pacific Finals in Sydney, which is quite an accomplishment. Again, this is a fantastic effort by the schools this year.
From a community point of view, I acknowledge Judy Boland, local Darwin High School teacher and member of the Fannie Bay History and Heritage Society. She became a Member of the Order of Australia this year for significant service to secondary education in the Northern Territory as a supporter of historical and heritage organisations and the community. Many of us have worked locally with Judy; she is tireless in what she does. She is one of those stalwarts that you build a community around. It is fantastic to see her recognised for her community work; it is tremendous. I know she is valued by many people.
I am sure many people know former Alderman Heather Sjoberg; she lives on the border of my electorate, but I claim her as mine. She launched her book this year, James Neilson and Isabella Gibson: Gippsland Pioneers, which is very good and has contributed to the literary successes of Australia. She launched her book at the Northern Territory Library in September, which is a very fitting setting for launching a book about one of Victoria’s earliest local government-elected members, giving these pioneers the honour that they deserve. Launching the book marked a very important personal achievement for her. It tells the story of her great-great-grandfather, who was one of Victoria’s earliest local government elected members. As an Alderman in her own right, she continues to contribute to politics. It is fantastic that she took the time to write the book and launch it as a Northern Territory author.
Selvam Kandasamy from Saffrron, who many people might know, has become very committed to not just excellent food, but the environment. Anyone who has been to Saffrron knows there is a wall full of awards regarding the environment. He is a finalist for the AIM Excellence Awards, which is a real measure of what he has done locally, and he has been recognised on that national stage. He has earned respect and admiration amongst the foodie community. I acknowledge the work he has done; it is fantastic.
One of the highlights of my year was when the local Legacy ladies came in to hand-sew poppies. They did about 1500 hours’ worth of work hand-sewing poppies for 100 years of Anzac Day. Their work is on display at the Darwin RSL. They put in a fantastic effort to acknowledge the contribution. It was extremely difficult. I could not have done it, and I think it was highly valued by the people who attended Anzac Day.
Local residents Cherill and Brad Hopkins have gone out of their way to rally other residents. They have become a strong community presence, first around the NBN and the black spot in Ludmilla, and now they have taken what they learnt during that process and applied it to the Richardson Park redevelopment. They have been a fantastic community hub, bringing people together, making sure information is available and presenting a considered view on behalf of local residents. They have done some fantastic work.
Someone who has done something very similar is Catherine McAlpine in The Gardens, which has become a very contentious area. She is doing some brilliant work bringing residents together, making sure they are informed and presenting their views in public debates, making sure she is informed on what she says. It is a constructive contribution to public debate. I think she has done a really good job there with the local residents. They have a lot more work to do – Catherine, Cherill and Brad.
As always, I thank Kristy and my family. You cannot do this job without support, and they have been fantastic over this year. Kristy has kicked many of her own goals; I spend half of my time talking about her achievements rather than anything else. Her first documentary is airing nationally this Sunday at 6.30 pm on channel 24 ABC, a real Territory story called Tough Ride. It is a heartbreaking story with a happy ending about a local jillaroo, and it is worth watching if you get the chance. It is a classic Territory story.
I thank the party - Syd, Kent and Sharon, who all do a fantastic job and work long hours. We appreciate the work they do on behalf of the party. I thank my Caucus colleagues - Lynne as Deputy Leader, Natasha as Whip, Nicole, Lauren, Ken and Gerry, who spend countless hours talking to Territorians and stakeholders, travelling the Territory, visiting schools, and engaging in policy debates, local raffles and community events. We all know the hours they put in. As leader, I value their work as local members and shadow ministers. We have had some fantastic debates and conversations. I am looking forward to many more as we bring forward a package of things that will be important for the future of the Northern Territory.
In my local electorate office, Lindsay, Hamish, Alasdair and Lucy mostly sit behind the desk. Lindsay is loved by the local community. I get so much positive feedback about Lindsay. He is a nice guy and takes care of many constituent issues. Hamish, Alasdair and Lucy rotate through and always look after people who come through the front door, which is the number one priority in some respects. What you want in your local electorate office is to really look after constituents. I appreciate that; it is fantastic.
Thank you to the staff of the Legislative Assembly who have helped me this year. Who I bother the most changes from year to year. This year it was mainly the Clerk, the Table Office - Ben, Annette and Stokesy - and with my tech issues, Nitesh. Thank you very much for everything you have done this year, often at very late notice and with little time to get things fixed. I appreciate the work you do. The Legies staff help me and my local electorate office often above and beyond, and always on short notice. I appreciate the work you do.
We walk past security and say hello every day, but we rarely have a chance to have a long conversation. Mick, Esther, Bob, Mark, Alex, Yanni, Muchsin, Shikha, Lyn, Michael, Natasha, Sajjad and Yvette, thank you very much for keeping us safe and always having a kind word to say as we walk through the front doors. It is fantastic. Also to the drivers - Bill, John, David, Yuni and Ben - thank you very much.
I wish all Territorians a safe and happy Christmas. It has been a big year; it will be an even bigger year next year. I look forward to working with my Caucus colleagues as we engage with stakeholders and discuss policy and big ideas. We want to be a well-planned, big-picture opposition. We want to do positive things. It has been fantastic working with not only talented people, but genuine, hard-working people who mean well and think well. I thank them all for their time.
Mrs PRICE (Stuart): Mr Acting Deputy Speaker, I want to say a big thank you and Merry Christmas to all my constituents in my electorate area, in Mataranka, Beswick, Barunga, Manyallaluk, Werenbun, Pine Creek, Kybrook Farm, Douglas Daly, Sturt Plateau, Timber Creek, Bulla, Amanbidji, Aileron, Pigeon Hole, Top Springs, Kalkarindji, Daguragu, Lajamanu, Ti Tree, Willowra, Nyirripi, Yuendumu, Katherine and Laramba. I wish them all a great Christmas and thank them all for supporting me.
I have also been very busy in my ministerial portfolios as the Minister for Local Government and Community Services, Housing, Parks and Wildlife, Men’s and Women’s Policy, and Statehood. As the Minister for Parks and Wildlife, I am very proud that this year has given rise to so many achievements, highlights and milestones in the Parks portfolio. It is a testament to the dedicated staff of the department and the hard work they put in every day.
The Parks portfolio is very important to me as an Aboriginal woman, as it incorporates my culture. I can also see the benefits it brings to local Aboriginal people and how it improves and embraces the Territory lifestyle. I have met staff and rangers across the Territory this year on trips to parks, such as Mary River, Litchfield, Nitmiluk, Casuarina Coastal Reserve, Fogg Dam, Uluru, Kata-Tjuta, George Brown Darwin Botanic Gardens, Territory Wildlife Park and Alice Springs Desert Park to name a few.
Throughout my visits I remember rangers’ feedback. They were thankful because it was the first time a minister had visited them. I was excited to host two Parks events at Parliament House this year, being the Northern Territory Ranger Awards and the Junior Ranger Program reception. These events are inspirational. They recognise the exceptional achievements of our rangers and encourage the next generation of Territorians to be interested in nature.
I thank Andrew Bridges, the chief executive officer, and his incredible team at the Parks and Wildlife Commission for tirelessly being there for me. I look forward to working with you all next year as we continue to improve and open up our national parks for all Territorians. That includes looking after people and making sure that they are croc wise.
As the Minister for Local Government and Community Services, I give special thanks to my Chief Executive, Mike Chiodo; my Executive Director of Local Government, David Willing; and their team. I thank Noelene Swanson in Women’s Policy and all her staff. I also thank Jo Sangster for helping me with Women’s Policy; it is great to have her support. I thank my team for helping me pass my first legislation, the Local Government Legislation Amendment Bill.
In my Local Government and Community Services portfolio I launched the Remote Engagement and Coordination Strategy, which will deliver improved engagement to assist Indigenous Territorians living in remote communities, and will improve their capacity to contribute to the economy.
I have identified, suspended and assisted getting back on track the Tiwi Islands Regional Council and the Litchfield Council. I am pleased to see how successful the local authorities have been in delivering objectives to provide a stronger local voice and greater accountability for service delivery.
The Aboriginal Areas Protection Authority also falls under the portfolio of Local Government and Community Services, and I thank Chief Executive Dr Ben Scambary, his management team, Matthew Dean and Peter Russell, and the rest of the AAPA team for their hard work in protecting sacred sites across the Territory.
Last week I was pleased to see the successful collaboration between AAPA and the National Broadband Network to strengthen economic development in regional areas. I also thank the AAPA Board members who retired this year for the significant and important roles they have provided to the Territory. I congratulate the new board members on their appointment and I look forward to working with them.
In my portfolio of Community Services, I acknowledge the hard work of the Remote Service Delivery unit in the cyclone recovery work and the asbestos removal program. I also acknowledge the continued dedication of the land tenure team for ensuring our remote communities are enabled for much-needed progression.
To the homelands team, thank you for your hard work in supporting our remote Aboriginal people who live on country. This is unique and important to the Northern Territory, keeping a strong culture and healthy environment.
To the offices of Women’s and Men’s Policy, thank you for your amazing efforts in the important work in bringing the Territory forward, leading the nation in innovative grassroots methods of supporting our family systems and advancing the status of women in the Territory.
To the Aboriginal Interpreter Service and Colleen Rosas, I congratulate you for your hard work and the wonderful job you do. Thank you for supporting the mutual understanding between Aboriginal and culturally diverse communities; you are amazing. This week in the Chamber was a great testament to our plight.
This year I took on the Housing portfolio. I thank my CE Leah Clifford for her work over the course of the year. Her staff have done a wonderful job, and I thank them for their dedication to improving the housing situation in the Territory. I am proud of my achievements in this portfolio and I look forward to next year.
I also thank my electorate officers. Karen, my electorate officer in Alice Springs; Jodi, my liaison officer in Katherine; and Colin Lillie, my community liaison officer, are always there to help me and are always by my side. I really enjoy the time I spend with them and I cannot wait to keep working together into the election next year.
I thank my ministerial staff, who have helped me excel in all my portfolios. I thank Kate Reynolds and Fallyn Petherick, who run the admin side of the office and bring so much joy and laughter to the team.
I think my little office is envied by the other offices. I want to brag because we have brought laughter to that floor; that is what people tell us. We want to enjoy what we are doing, get on with the job and make it better for people out there.
I thank all my past and present department liaison officers as well, including Kate Wheen and Jan Wray, who are currently with me. I also thank Paul Mossman and Lauren Crawley. They did a wonderful job while they worked for me. You are all great assets to your departments and I appreciate the crucial link between my departments and your offices.
I thank my advisers, Sam Stone, Rebecca McLean and Nathan Fanning, for their advice and support, and thanks to my senior adviser, Heidi Williams, who will be a fantastic member for Namatjira next year.
I also acknowledge all the past staff who have helped me. I thank my family for all their support this year. I thank my husband Dave Price especially, and my grandchildren Leiland, Ethan, Declan and Kincaid. I could not have been this successful this year without all of them beside me, including my daughter. I congratulate my daughter Jacinta on her recent election as a councillor on the Alice Springs Town Council. You do not get this anywhere else where a mother and daughter are elected onto two separate tiers of government. That only happens in the Territory.
Lastly, I thank all you Legies, Clerks and everybody else who helps us when we are all stamping our feet and pointing fingers at each other. You all do a wonderful job. Thank you to security and to our drivers. I hope you all have a wonderful Christmas and I hope to see you all next year. Thank you to my Cabinet colleagues and the parliamentary wing for all your support, and I look forward to winning the election next year together.
Finally, I wish all Territorians a safe and happy Christmas, and lastly I want to say in Warlpiri [Editor’s note: member spoke in language]. That means, ‘Be well’.
Mr McCARTHY (Barkly): Mr Acting Deputy Speaker, this is my last contribution for 2015. I am always learning lessons. I learnt today that you have to get special permission to speak in a foreign language or sing a song in this Chamber. Hansard, I will prepare a blues song and it will be in the key of E. I will seek special permission and one of these days you will hear it.
I want to start with Madam Speaker and all the staff of the Legislative Assembly, because I realised last night, when I was listening to adjournments, that this is my eighth time adjourning on the last sitting day of a parliament year. Over those eight years this has remained a highly-professional workplace. It is an outstanding workplace, and that represents the outstanding people who work here and support the parliament of the Northern Territory, the people’s parliament. All the contract staff who members have mentioned, such as security, cleaners maintenance and service industry workers - it is an incredible workplace and it is an honour to be here. You people make it what it is, so please have a break; have a great festive season and a very Merry Christmas to you all.
You have all scored very highly on my survey again this year – Madam Speaker’s survey of the Legislative Assembly – and I made a special comment about committees. That is one of the special parts of my work and I thoroughly enjoy it. My comment was that the government needs to look at more resources. I have come to realise how important the committees are for the parliament, such as the committee on Foetal Alcohol Spectrum Disorder, the Committee on the Northern Territory’s Energy Future, the committees that deal with legislation and constitutional affairs, and the Public Accounts Committee. They are important and they provide elected members with critical research and information which supports very important and wise decision-making.
Thank you to the secretariats to all the committees I have been involved with for the hard work, coordination of members, travel, agendas, hearings and witnesses. It is a fantastic opportunity, especially sharing that in a highly-professional workplace that achieves great things. Well done to all you guys.
To all the fifth floor staff who come here every day, I had the privilege of experiencing that and I know how it works. Good on you and thanks for the nice kind words and chats in the lifts. That is probably the limit of what I get, but it is good to know about the work you do. Keep up the good work.
To the Leader of the Opposition’s staff on the fourth floor, thank you for all your support. There is a great team there, a small, tight team. We all share the same values and we are all working for the same objective, for the people of the Northern Territory. Well done guys and I hope you get a good break.
For the Independents it is great to understand how that works. A new element of democracy is emerging in the Northern Territory. Thank you and good luck to you guys in the new year.
I thank the public sector for renewing contacts and professional relationships whenever I am in Darwin, especially when I travel the length and breadth of the Northern Territory. It is a privilege to be acknowledged, and it is a special time when you make yourself known and initiate brief conversations about public sector work and what you have done in the past and so forth. Thank you very much for your support and I hope the Northern Territory public service has a great break over this festive season.
To the Barkly sub-branch of the Labor Party, I thank you guys. I thank you for supporting me in preselection; I plan on standing again. As I have said, I have some serious unfinished business and I will need another term. God willing and if the creeks do not rise it all might go to plan. Not only do you provide me with great advice and your dedication, you stand up in the community for Labor values. You do some great work around fundraising, which is very difficult in the area of the Territory where we live. There is not a lot of money in it and you do a great job when fundraising to prepare for the next campaign. It is an honour to be part of your group and to have your support.
To Dawn McCarthy, Coral Franklin and Mandy Taylor, who have solidified as a very tight electorate office team - we have changed the game plan over the years. I have had some long-standing electorate officers, but Dawn and Coral have come in to make sure there is a special and sensitive approach to constituents. This allows me to travel more and be part of the opposition team in this critical part of the electoral cycle, where we are developing policy to present our stories and values to the Northern Territory and, hopefully, be judged worthy. Thank you to Dawn and Coral.
Mandy, as a communications expert you have pushed the messages, news and stories onto new platforms, and I thank you for that. It is a great little team and constituents are being served well. The office is well run. It is a diversified office which has made an amazing footprint across the largest electorate in the Territory, and you guys are making sure I can move and shake around the electorate, knowing that part of the business is well and truly taken care of.
I thank the Clerk, as well as Mick the head of security. I also thank Michael Martin from RTD, who took that major leap of faith and came to Tennant Creek to visit the Barkly Electorate Office this year. All three of them were surprised, in many ways, about the Barkly Electorate Office, the people who work there, the constituents who visit, and the infrastructure and services that have been in place for every member of the Legislative Assembly since self-government in 1978. Thank you for that understanding, which you can now translate to members of the Legislative Assembly in supporting the electorate office and constituents of the Barkly.
To the people of Barkly, thank you; it is an honour to represent you. Round eight was quite interesting, and I am looking forward to a few more rounds. I have had some amazing vibrations this year and I reflect on that. I have not been serving you for eight years; I have been serving you for 35 years. There is a lot of foundation work and a lot of grounding involved. I am watching a new generation come through, third and fourth generations in some cases. It is a true honour to serve you and I do the best I can. We try our best to make sure there is a good balance between the big end of town and the regional and remote areas.
To all my family, once again, thank you. It is amazing; you have all been absorbed into politics and you are all amazing Territorians. To Robert, Abbi and the boys, and to Reece and Judd in Cobar, you take a great interest in the Territory and we look forward to your next visit. Thomas and Maria, it has been a big year for you with the birth of Francis Raymond McCarthy. To Joey, please come home; we need a new pool manager and those Aboriginal kids are still knocking on the door grieving over you. I know you are in the Garden of Eden, but we would love you to come home. To all the gang, all the family in Darwin, you give me great advice and keep me grounded on all the issues around the capital city and the Top End.
To all the kids – Cecelia McCarthy for your outstanding results in NAPLAN again, way above the national average; keep it up. I believe you published your first book this year and we look forward to more of those great and exciting announcements. To Dawn McCarthy, you need to take a break over Christmas. Go and hug your grandchildren.
I look forward to coming back next year. Stay safe and travel safe.
Mr GILES (Braitling): Mr Acting Deputy Speaker, it seems quite sad that you have to sit here for these Christmas messages whilst the Speaker is off having drinks and celebrations, but I appreciate your time.
I think 2015 started off well. We sought to refresh the ministerial team and make 2015 a strong year. I promoted the member for Araluen into the portfolio of Education at the time. She refused to do it, did not like it, stormed out, and the rest is history. She is now an Independent. History is history and 2015 has been good. It has been fun, with a lot of achievements.
Some of the best achievements were driving down the price of fuel and housing, and more recently announcing the price of electricity going down. Lowering fuel, housing and electricity costs were some fantastic achievements. We also got the budget back into surplus. There were major challenges along the way, but there were some very good things and we were working with a fantastic team.
I start by thanking all the staff who work in Parliament House - Hansard, security, the Clerks, everybody within the library service, the people who help parliament run. I particularly thank the people who work in the security service and keep us safe. The drivers, under the good guidance of Bill, look after us as ministers.
To my staff in the office in Alice Springs, especially Alice de Brenni, thanks very much. A Chief Minister from Alice Springs is very difficult and never at home, but thanks for the hard work you do, along with Adrian Renzi and Tom Slattery.
To all the staff on level five at Parliament House in the Top End, under the guidance of Tim Baldwin and Terri Hart, thank you very much. I will not go through everyone’s names; there are too many people. If I name you Labor will just target you because Labor members are nasty people. But thank you for everything you have done. Thank you to Danielle Parry, former media adviser, who has taken a job opportunity and promotion to do media for the UN. To Ron Kelly, who is now the CE of Mines and Energy, thanks very much for your hard work over a long period of time.
To my parliamentary colleagues, despite what people say, this is a fantastic team. The team is working better than ever before. The jokes and camaraderie are fantastic. It will be sad to see Elf and Tolly go. They are both good blokes and good mates who have been in politics and stood up for Territorians for a long period of time. However, renewal comes along and it is always a good opportunity.
To everybody who works in the public service, 20 500-odd public employees, none of the successes of this government would be possible without your support, tenacious efforts and loyalty to good governance.
And to the people of the Territory, thank you very much.
Whether it is driving down fuel, housing or electricity costs, working on the port, making substantial changes in the lives of Indigenous Territorians, or building infrastructure such as Tiger Brennan Drive, the Palmerston Regional Hospital, Mereenie Loop Road, Litchfield Park Road, or any of the plethora of things that we do - there is a reason that the Northern Territory is the best jurisdiction in Australia. I do not say that flippantly. On every indicator we are the best. In the measurement of happiness or lifestyle, when you look at unemployment, liveability of our cities and opportunities from living in the Northern Territory – none of that would be possible without a good public service.
Three-and-a-half years into a new government - a change of political parties is a challenge for bureaucracy in any jurisdiction in the country, whether it is federal, state or territory. The change in dynamics and the way people operate is not easy, with our different directions and philosophical approaches. For us it is about economics; for Labor it was about paternalism and welfare. It is a different way of doing business, and it takes time to change and respond.
At the back end of 2015 we hit our straps collectively as a government and as a jurisdiction. We were successful publicly and privately. As we set the economically and socially enabling environment, and the parameters to allow us to get on with our lives, we see the successes of that. In 2016 we will prosper and there will be much more opportunity.
I hope the level of negativity that parades itself through certain elements of public commentary, especially through Labor, is eroded. We have the opportunity of using fresh eyes.
I am from Alice Springs and do not get home as often as I would like, and I spend a lot of time in Darwin. It is chalk and cheese in the way the community sees the opportunity in life. In Alice Springs spirits are up. In Darwin there is too much negativity, and that needs to change.
It needs to change for the health of the Northern Territory, and as politicians to a lesser degree. If we keep talking the place down, we are only talking ourselves down. Some in the media do that, but they are only reflecting on what Labor is doing, which is poison to the Northern Territory. I want that to change.
I have had the opportunity to travel all around Australia and many parts of the world. This is by far the best part of the world. We are the lucky country, but we are only lucky because we work hard to get ourselves into this position. We need to continue to build jobs, keep our borders tight, keep ourselves safe at home - which is what good policing does - and prosper.
To everybody in Alice Springs, I am sorry I have not been there as much as I wanted. To those who set the school assemblies, every year I request that school assemblies are not set around times of parliament so I can be in my own electorate for school assemblies. That would be lovely. I look forward to 2016 and potentially having the opportunity to attend Larapinta, Braitling, OLSH, Yipirinya, St Philip’s, and any other school opportunity. While I am not always home in Alice Springs, and my job is to look after the Northern Territory, my heart is always back home in Alice Springs.
Thanks very much, and thank you again to all my colleagues.
Mr CONLAN (Greatorex): Mr Acting Deputy Speaker, this will not be a valedictory speech, although it will be the last Christmas message from me and for the seat of Greatorex, which I trust has served the Territory well since 1990 with Denis Collins, Richard Lim and me. We will complete the Greatorex electorate’s Christmas message today.
There is plenty of time for valedictory messages over the course of next year. I want to add my best wishes to all for Christmas and the new year. All my staff, past and present – I started the year with quite a large number of staff and I finished the year with only a small number, but I will run through some of them: Jo; Frances; Tom; Renz; and Racheal Curtain, who was one of the very first employed on the fifth floor after the August 2000 election. She started in the first week or two of September and she is still here. She is one of the longest-serving staff members of the fifth floor. Hats off to you, Rach; well done. It is a testament to your ability to adapt and get into the work that is before you. To Lisa and Julie as well, thank you.
To my parliamentary colleagues on both sides of this Chamber, I wish you all a very merry Christmas. To the Legies staff, especially those in the Clerk’s office, who have provided great assistance and support to me in my new role as Deputy Speaker, and to the Speaker, the member for Goyder, Kezia Purick, thank you for your support. To the Speaker’s staff, Cheryl and Martine, thank you for your help and assistance to me over the year since I took up this job in February.
It is a great job, but it has also provided me with a bit more time to spend with my family. I send a big cheerio to my kids. I have relished the extra time together this year with the school pick-ups and drop-offs. Being around the dinner table regularly makes an enormous difference to family life. I am looking forward to more of it in 2016, as Harvey starts Year 2 as a big kid next year, and Cleo begins Transition in 2016. It should be fantastic.
My wife, Elara, has remained firm and resolute in her support for me in spite of any number of embellished facts, false allegations and sensationalised headlines. I have had my fair share of clumsy mistakes, gaffes and faux pas. She has been right there with me providing rock-solid advice, so thank you to her. This job can be a real test for a marriage and ours has been no different. I am looking forward to spending more time with each other and enjoying Christmas together with our two amazing children.
To a couple of members in this House, firstly, the member for Karama: I hope you find some kindness in your heart over Christmas. You have a particularly nasty and unpleasant demeanour and it does not serve you well. It is little wonder you find yourself in the predicament you are in today with a mountain of legal bills, ex-communicated and without any of the prestigious titles you once coveted. I hope Christmas is kind to you.
To the member for Araluen, I hope you find some humility this Christmas. Your sanctimonious, pontificating, holier-than-thou soap box is nothing more than a tedious broken record of feigned indignation. You relish far too much in other people’s misery and misfortune. It is a classic example of the bully being outraged by bullying. I hope that this Christmas you learn to own up to your own mistakes, find the courage to admit you were wrong and develop the strength of character to apologise to those you have attempted to destroy and diminish for no good reason except for your own perverted personal pleasure.
A final word to some of those in the Assembly who like to denigrate members who have chosen to retire, or for whatever reason will not be contesting the next election: it is possible to continue to contribute to the Northern Territory beyond these walls. A person’s dedication and commitment to the Northern Territory is not limited to becoming a member of parliament. I will continue to live and work in Alice Springs, raise my family and champion the advancement of the Northern Territory, just like many thousands of people who have never been a member of parliament continue to do today.
On that note, I wish everyone a very merry Christmas. All the best for 2016 and I look forward to seeing you in the new year.
Motion agreed to; the Assembly adjourned.
STATEMENTS BY SPEAKER
International Day of People with Disability
Madam SPEAKER: Honourable members, each of you has on your desk a turquoise and orange ribbon which represents the International Day of People with Disability. This day, 3 December, marks International Day of People with Disability, a United Nations sanctioned day that unites people around the world in celebrating the achievements and contributions of people with disability.
Many of you would have heard the news this morning of a mass shooting in America at a disability centre. This is exceptionally tragic. I do not know what is going on in America, but I hope they get it sorted out soon. Our thoughts go out to the families of those who are injured or have lost their lives.
Members: Hear, hear!
Language in the Assembly
Madam SPEAKER: Honourable members, last evening the member for Nhulunbuy raised the matter of the member for Stuart speaking in Aboriginal language by way of interjection, and alleged the tone and usage was potentially offensive and disorderly. Interjections are always disorderly, no matter what language they are in.
From time to time, with leave of the Assembly, a member will speak in language other than English. That has occurred in this parliament on numerous occasions, particularly when members give their inaugural speech and wish to reflect upon their heritage and culture in an authentic manner. However, for the transaction of everyday business the language of the Assembly is English. On that basis, should a member use a language other than English without the leave of the Assembly, it will be ruled disorderly and the member will be required to withdraw the words.
It is not desirable for the Assembly to enter into the business of seeking translation and interpretations to determine if words used were offensive or disorderly. It is desirable for good order to be observed by all members. Disorder is not permitted and the use of words in a language other than English to interject, or during debate, will be ruled disorderly and required to be withdrawn. If not withdrawn the consequences of disorder in chapter four of the standing orders will be the next step.
SUSPENSION OF STANDING ORDERS
Take Two Bills Together
Take Two Bills Together
Mr ELFERINK (Leader of Government Business): Madam Speaker, I move that so much of standing orders be suspended as would prevent the bills entitled the Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015 (Serial 145) and Small Claims Bill 2015 (Serial 144) be introduced and debated together, and one motion and put in regard to the second and third readings of the bill, and that they be considered separately in the consideration in detail stage.
This is a straightforward cognation of the two bills because they directly wash over two separate items of legislation, both affecting the small claims jurisdiction. To deal with them separately would be unwise and the debate of this legislation would be incomprehensible unless you do them both together.
Ms FYLES: A point of order, Madam Speaker! Can the opposition clarify that they will be cognate and there is no urgency today?
Mr ELFERINK: There is no urgency. This is merely cognation, and as we proceed through the process and you are briefed on it the reasons will become manifestly clear.
Mr WOOD (Nelson): Madam Speaker, I seek clarification; my Notice Paper has that as item three. Has that changed?
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, in wrapping, I should have put the cognate motion up first yesterday.
The second reading speech has been written to capture both bills, and I need to get permission of the House to cognate them and then do the second reading for both bills. That is the reason this has occurred and there is nothing untoward here.
Madam SPEAKER: Member for Nelson, the government changed the Notice Paper just before 10 am so it is in order.
Motion agreed to.
SMALL CLAIMS BILL
(Serial 144)
JUSTICE LEGISLATION AMENDMENT (SMALL CLAIMS AND OTHER MATTERS) BILL
(Serial 145)
(Serial 144)
JUSTICE LEGISLATION AMENDMENT (SMALL CLAIMS AND OTHER MATTERS) BILL
(Serial 145)
Bills presented and read a first time.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I move that the bills be now read a second time.
The purpose of these bills is to:
transfer the small claims jurisdiction from the Local Court to the Northern Territory Civil and Administrative Tribunal, the NTCAT
provide that small claims must be commenced in the NTCAT
increase the jurisdictional limit of small claims from $10 000 to $25 000
provide that, within the small claims jurisdiction, legal representation is only to be provided with approval of the NTCAT
make amendments to facilitate the transfer of the small claims jurisdiction from the Local Court to the NTCAT.
The bills also streamline the determination of disputes and establish the NTCAT as the one-stop shop for disputes under the Cullen Bay Marina Act, the Unit Title Schemes Act and the Unit Titles Act.
Territorians deserve fast, fair and cost-effective justice. The government has a duty to ensure our justice system is as streamlined, efficient and accessible as possible, which is why the government established the NTCAT in 2014. I have consulted with the public, the legal profession and the judiciary in relation to these reforms. The incorporation of the small claims jurisdiction of the Local Court into the NTCAT provides the possibility of enhancing access to justice for minor civil matters.
Currently, small claims matters vie for priority with more substantial criminal and other matters before the Local Court. Conferral of the jurisdiction on the NTCAT will provide the public with access to a participatory based low-cost, less formal, less adversarial and more accessible dispute resolution mechanism. The small claims jurisdiction is an accepted and commonly used jurisdiction for the general public. In 2014-15 there were over 1600 small claims applications made in the Local Court.
It is anticipated that the improvements in the workability of the small claims jurisdiction that these bills facilitate will have a beneficial impact on community perceptions around the effectiveness of the justice system more generally, and the unburdening of court resources by reducing the workload of higher courts.
The Small Claims Act commenced on 2 July 1976, with a jurisdictional limit of $1000. The limit was amended on three occasions: in 1982 to $2000; in 1989 to $5000; and it was last amended 13 years ago to $10 000 in 1998. The current low monetary threshold of the small claims jurisdiction disadvantages business and is inadequate for the current economic climate. By having the limit set so low, it forces businesses and individuals to take disputes over minor claims - where more than $10 000 - to the general civil division of the Local Court. This is often a significantly more expensive and time-consuming process for our businesses and individuals. Quite often the costs outweigh the worth of the original dispute, meaning it is not worth the time, effort or money needed to effect justice in this area.
Small business owners and independent contractors are currently at a significant disadvantage when having to pursue outstanding unpaid debts. This can have a significant impact on their cash flows and the financial viability of their businesses. This disadvantages the business community in the Northern Territory and deprives them of cost-effective justice they would be able to achieve in a number of other jurisdictions around the country. This is particularly problematic for small businesses that may not bother taking disputes to court because it is ‘simply not worth it’.
It should also be noted that a 2014 public consultation process undertaken by the Department of the Attorney-General and Justice showed broad support for increasing the current jurisdictional limit under the Small Claims Act. Clause 5 of the Small Claims Bill 2015 therefore provides that the small claims limit for matters to be heard within the small claims jurisdiction of the NTCAT is to be $25 000. Such an amount, or value of the claim, is to be determined exclusive of any costs or interests that might be awarded by the NTCAT. By raising the limit from $10 000 to $25 000 we will allow more small businesses, family businesses and individuals to achieve justice and cut down on the backlog in the general division of the Local Court. As the increase in the monetary limit will allow more small claims to fall within the ambit of small claims disputes, it will give parties the benefit of the less formal procedure of the small claims jurisdiction.
What is a small claim? The current Small Claims Act creates the small claims jurisdiction in the Northern Territory within the jurisdiction of the Local Court. Under the Small Claims Act the Local Court currently dispenses with the rules of evidence when it exercises the small claims jurisdiction. Section 5 of the current Small Claims Act provides that a claim not exceeding $10 000 may be instituted in the Local Court under the Small Claims Act. The subject matter jurisdiction conferred under section 5 is currently limited to the recovery of amounts of money, performance of work of a particular value, relief from payment of money and return or replacement of goods. Section 5 is not designed to cover other matters that arguably involve more complex legal principles.
However, provisions of the current Local Court Act operate to modify the effect of section 5 of the Small Claims Act. Section 14(1) of the Local Court Act provides that the Local Court has a broad jurisdiction to hear and determine matters not exceeding $100 000, being a cause of action for damages, which includes an action in tort, or a debt or liquidated demand, a claim for equitable relief, or a claim concerning the right to ownership or possession of property.
Section 14(7) of the Local Court Act provides that any type of claim under the value of $5000 must be commenced under the Small Claims Act. Proceedings between $5000 and $10 000 can be commenced either under the Small Claims Act or the Local Court Act. Accordingly, current proceedings for claims between $5000 and $10 000 can be commenced either under the Local Court Act or the Small Claims Act. The way in which both the Small Claims Act and the Local Court Act operate also means that in practice, in relation to matters under $5000, the types of claims which may be determined as ‘small claims’ also include a broader range of claims, for example, equitable relief and damages.
Clause 6 of the Small Claims Bill 2015 establishes the small claims jurisdiction of the NTCAT. After consultation with the Chief Justice, Chief Magistrate and the President of the NTCAT, it was decided to transfer the jurisdiction to the NTCAT over only those matters specifically enumerated in section 5 of the existing Small Claims Act, for example, actions for debt recovery and liquidated relief. These types of minor civil matters lend themselves to the body hearing them, informing itself in any way it considers appropriate, and to act with as little formality and technicality as necessary. It is more appropriate that such a jurisdiction be vested in a tribunal which may determine matters in a more inquisitorial as opposed to adversarial fashion. On the other hand, the jurisdiction to determine claims - for example, in relation to equitable relief and damages - will remain with the Local Court. The jurisdiction proposed to be retained by the Local Court is conducive to being dealt with according to the rules of evidence. Further, it is anticipated that the jurisdiction to be retained by the Local Court is unlikely to amount to a significant number of matters.
The bill essentially ensures that all small claims matters are commenced in the NTCAT. However, there are appropriate exceptions being built into the process to ensure that legislative changes operate in a user-friendly and effective manner, for example, to allow a larger claim with a small claim component to be commenced in a more appropriate court.
The current Local Court Act, the new, yet to be commenced Local Court Act 2015, as well as the proposed Small Claims Act 2015, define a ‘claim’ as including a cause of action. Reliance upon the word ‘claim’ in the bills is intentional. This is because the claim, viewed as a whole, is determinative of what is the most appropriate forum to hear and determine a dispute. For example, when a claim has a small claims element, but also comprises subject matter within the original civil jurisdiction of the Local Court, under these changes the Local Court will have original jurisdiction to deal with all matters, including the small claims component before it. These matters will be discussed in more detail when I turn to the Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015.
Clause 7 of the Small Claims Bill 2015 provides for representation by a legal practitioner in the small claims jurisdiction only by leave of the NTCAT. This is in contrast to the current position. Currently, rule 4.06 of the Small Claims Rules provides that anything which can be done by a party may be done by the party’s legal practitioner or with leave of the court by some other person. The small claims jurisdiction is intended to provide people, many of whom could not afford representation, with cheap and expeditious access to justice that may otherwise be beyond their means. It is designed to encourage and support more people in commencing proceedings within the jurisdiction.
By having people represent themselves, instead of lawyers representing them, I believe that this will be a more cost-effective and fairer way of resolving small claims disputes. It may result in more equitable outcomes than was previously the case, for example, where one party does not have the means to engage a lawyer and has commenced proceedings, or is defending proceedings against a well-resourced litigant with representation.
It also brings the Northern Territory into line with a number of other jurisdictions that prohibit, subject to limited expectations, a lawyer or representative from acting for a party in similar small claims type jurisdictions.
The Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015, or the justice legislation bill, amends various acts consequential to these reforms to the small claims jurisdiction and the conferral of that jurisdiction upon the NTCAT. It also amends a number of NTCAT-related acts, for example, to improve consistency across the Northern Territory’s Unit Titles Schemes Acts.
The amendments to the Local Court Act, the Supreme Court Act and the Northern Territory Civil and Administrative Tribunal Act in the Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015 include transfer provisions that apply to all matters before the NTCAT. These new transfer provisions will not be limited to small claims matters only. While Section 99 of the Northern Territory Civil and Administrative Tribunal Act enables the NTCAT to strike out a proceeding, or part of a proceeding, if it can more appropriately be dealt with by another forum, the act currently does nothing to facilitate the transfer of proceedings to another forum if that other forum does not have jurisdiction to deal with the matter in the first instance. Such a provision was considered necessary to address circumstances where a matter is too complex for a tribunal and would be more appropriately dealt with by a court.
It was also necessary to accommodate those circumstances where the small claims or other tribunal matter relates to a larger claim in the Local Court or Supreme Court, and it would be appropriate that these matters be dealt with at the same time. Accordingly, Clause 24 of the Justice Legislation Amendment (Small Claims and Other Matters) Bill 2015 inserts a new section 99A into the Northern Territory Civil and Administrative Tribunal Act.
This clause makes provision for a proceeding before the NTCAT to be transferred to the Local Court or Supreme Court, where the matter is not within the NTCAT’s jurisdiction or, because of circumstances of the case, the proceeding would be more appropriately heard by a court.
The new section 14A of the Local Court Act 1989 - and then when it comes into operation later in 2016, section 13A of the Local Court Act 2015 - will clarify the jurisdiction of the Local Court in relation to small claims matters, that is, that the Local Court can only deal with small claims matters that have been transferred to it by the NTCAT or where the claims are a mixed small claims/Local Court matter. The amending provisions will accommodate the situation where, for example, a claim has been commenced in the Local Court which involves equitable relief or damages, but the same factual matrix also gives rise to a small claim. In these circumstances, the amendments will allow the whole claim to be commenced in the Local Court and heard together.
These new provisions also clarify that, in these cases, the law conferring the relevant small claims jurisdiction on the NTCAT is to be read as applying to the Local Court. A similar provision is being inserted into the Supreme Court Act at section 16A. However, as the Supreme Court has jurisdiction to deal with civil claims for any amount, this provision that facilitates the transfer of proceedings from the NTCAT to the Supreme Court does not expressly state that the Supreme Court has jurisdiction to deal with and determine matters transferred to it from the NTCAT.
To reduce the likelihood of a matter being transferred in error from the NTCAT to a court, only the President of the NTCAT may transfer a proceeding to the Local Court or the Supreme Court. Further, a recipient court may refuse the transfer of a matter from the NTCAT if the matter is within the jurisdiction of the NTCAT and the recipient court believes it is not appropriate in the circumstances, despite the transfer order, that it is in the interests of justice for the matter to be transferred to the court.
It should be noted that these reforms do not prevent the splitting of a claim where appropriate, that is, so that part of a claim can be dealt with by the Local or Supreme Court as the case may be, and a small claims component can still be disposed of by the NTCAT.
Currently, certain matters under the Cullen Bay Marina Act, the Unit Title Schemes Act and the Unit Titles Act, collectively the Unit Titles Acts, may be resolved by having recourse to the small claims jurisdiction of the Local Court. To reduce complexity and facilitate consistency with the recent approach taken to the Termination of Unit Plans and Unit Title Schemes Act, the justice legislation bill amends the Unit Titles Acts to vest the NTCAT with a jurisdiction to hear all disputes under those acts.
Both bills also include transitional provisions for each of the new amended sections. Essentially, the new law will apply to all proceedings instituted after commencement. Where proceedings have been commenced, but not finally determined before commencement of the amendments, the old regime will apply.
Provisions have been drafted for both the current Local Court Act and the new, yet to be commenced Local Court Act 2015. It is intended that the new Small Claims Act 2015 commences before the commencement of the Local Court Act 2015. With the exception of sections 18, 25 and 27, the Justice Legislation Amendment (Small Claims and Other Matters) Act will commence on a day fixed by the Administrator by gazette notice. Sections 18, 25 and 27 of this act will commence on the commencement of section 4 of the Local Court Act 2015. It is presently proposed that the Local Court Act 2015 will commence on 1 May 2015.
I am mindful that these reforms are complex and have the potential to affect a wide range of Territorians. I therefore propose that the new Small Claims Act 2015 be reviewed in three years’ time, particularly to assess whether the scope of what encompasses a small claim is working in practice.
These bills represent another step in the complex task of reviewing legislation and, where appropriate, transferring jurisdiction to the NTCAT. My ministerial colleagues and I look forward to presenting further bills over time to continue the process of jurisdictional transfers to the NTCAT.
Finally, I thank the Chief Justice, Chief Magistrate and President of NTCAT for their invaluable input in the development of these bills.
I commend the bill to honourable members and I table a copy of the explanatory statement.
Debate adjourned.
JUSTICE LEGISLATION AMENDMENT (VULNERABLE WITNESSES) BILL
(Serial 146)
(Serial 146)
Bill presented and read a first time.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I move that the bill be now read a second time.
The purpose of this bill is to implement a number of recommendations of the Review of Vulnerable Witness Legislation report in order to strengthen existing vulnerable witness provisions and protections.
The Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse was established on 8 August 2006. The purpose of the inquiry was to find better ways to protect Aboriginal children from sexual abuse.
In April 2007 the Board of Inquiry delivered its report entitled Ampe Akelyernemane Meke Mekarle (Little Children are Sacred). Recommendation 30 of the Little Children are Sacred report recommended that the now former Department of Justice:
- … conduct a review of all legislation relating to court procedures for vulnerable witnesses and child victims of alleged sexual abuse …
In 2007 the former Northern Territory government, in response to the Little Children are Sacred report, indicated it would review the court procedures for vulnerable witnesses in Closing the Gap of Indigenous Disadvantage - A Generational Plan of Action.
The review was completed in June 2011 and it culminated in the Review of Vulnerable Witness Legislation report containing nine recommendations focused on ways to reduce the impact of the court’s proceedings on vulnerable witnesses. Subsequent to finalisation of the review, two further issues were raised by stakeholders and were included in the Review of Vulnerable Witness Legislation report. This report can be found on the Department of the Attorney-General and Justice website.
Vulnerable witness legislation is intended to minimise any harm that could be caused to a vulnerable witness when giving evidence, balancing the interests of justice with the witness being able to give quality evidence. However, the recommendations of the Review of Vulnerable Witness Legislation report demonstrate that the current Territory legislation does not go far enough towards protecting witnesses from further trauma.
Recommendations one, three and four, regarding monitoring the effectiveness of vulnerable witness legislation, use of screens at the Alice Springs Magistrates Court and the imposing nature of judicial dress, have been implemented by non-legislative means. Recommendation three was referred to the former Chief Magistrate, and recommendation four to the Chief Justice.
The remaining recommendations and addendum issues A and B require legislative amendment for implementation. Following extensive consultation it was determined that recommendation eight would not be pursued. The outcome of this consultation is reflected in the Consultation Report: Response to the High Court decision in Crofts: giving of directions during sexual assault trials regarding the timing of a complaint, which is available on the Department of the Attorney-General and Justice website.
Accordingly, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 implements recommendations two, five, six, seven and nine, and addendum issues A and B of the report.
In order to implement the recommendations of the Review of Vulnerable Witness Legislation report, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 amends:
1. section 21A(1) of the Evidence Act to provide for a list of factors to be considered by the court when addressing whether a witness is vulnerable, including the relationship between witness and defendant
3. section 21B of the Evidence Act to expand its operations to the lower courts so it applies in serious violence and sexual offences heard by any Territory court, not just the Supreme Court
4. section 21D of the Evidence Act to add an additional principle which provides that all efforts should be made to ensure matters that could delay or interrupt a child’s evidence are determined pre-trial
5. section 5 of the Sexual Offences (Evidence and Procedure) Act to:
- (a) relieve judges of the responsibility of relaying questions from self-represented defendants during sexual offence trials; and
6. section 104 of the Domestic and Family Violence Act to:
- (a) adopt the definition of ‘vulnerable witness’ in section 21A(1) of the Evidence Act
7. section 114 of the Domestic and Family Violence Act to mirror the amendment to section 5 of the Sexual Offences (Evidence and Procedure) Act and relieve magistrates of the responsibility of relaying questions from self-represented defendants, if an order is made precluding the defendant from cross-examining the witness directly.
That makes sense.
The proposed amendments will strengthen existing vulnerable witness provisions and protections, thereby reducing the impact and trauma of court proceedings on vulnerable witnesses. This will also ensure witnesses are more confident and comfortable in giving evidence to a court.
I now turn my attention to the Evidence Act, particularly section 21A. Section 21A(1) of the Evidence Act provides for the circumstances in which a witness is ‘vulnerable’ - and therefore entitled to the protections available to vulnerable witnesses - and includes a child, a witness who suffers from an intellectual disability, a victim of a sexual offence or a witness who, due to circumstances of their case or their own circumstances, the court decides has a ‘special disability’. Recommendation six of the Review of Vulnerable Witness Legislation proposed an amendment to clarify the matters the court is to consider when assessing whether a witness is vulnerable.
Section 21A(1) of the Evidence Act has been amended in accordance with Recommendation 6 of the Review of Vulnerable Witness Legislation report to provide a list of factors to be considered by a court when assessing whether a witness is vulnerable. In doing so, the bill removes the reference to ‘special disability’ and replaces it with a list of factors to be considered by the court when assessing whether a witness is vulnerable.
The amended definition of ‘vulnerable witness’ means a witness in a proceeding:
(a) who is a child
(b) who has a cognitive impairment or intellectual disability
(c) who is the alleged victim of a sexual offence to which the proceedings relate; or
(d) whom a court considers to be vulnerable.
In considering whether a witness is vulnerable, new section 21A(1A) provides that a court may have regard to:
(a) any relevant condition or characteristic of the witness, including age, education, ethnic and cultural background, gender, language background and skills, level of maturity and understanding, and personality
(b) any mental or physical disability and to which the witness is or appears to be subject
(c) any relationship between the witness and the defendant to the proceedings; and
This amendment is intended to remove the need for argument about whether a witness is vulnerable in the most obvious of cases, while leaving scope for a witness to be treated as vulnerable in other circumstances. In practice, this means in determining whether a witness is vulnerable the court may consider a number of matters, including the relationship between the witness and the defendant. Therefore, in a domestic violence situation the relationship of the parties will be a relevant factor when determining the witness’s vulnerability and protections available to them when giving evidence.
The language of the amendment is designed to give guidance while still preserving judicial discretion and is similar to that contained in section 41(4) of the Evidence (National Uniform Legislation) Act - relating to improper questions - and a similar provision has been endorsed by the Victorian Law Reform Commission, the Australian Law Reform Commission and the New South Wales Law Reform Commission in their joint report No 102 of 2005.
The current section 21B of the Evidence Act provides that the court may admit a vulnerable witness’s recorded statement, usually their police interview, as evidence-in-chief, and that any examination or cross-examination in court be conducted in a special sitting whereby their evidence is recorded to be later replayed to the jury.
As section 21B specifically references a trial and a jury, the courts have interpreted the provision as applying solely to Supreme Court trials and the protections are not available to the lower courts - namely the Court of Summary Jurisdiction and the Youth Justice Court - even though serious violence and sexual offences are often heard in those courts.
Recommendation seven of the Review of Vulnerable Witness Legislation report recommended that the former Department of Justice undertake further consultation and consideration of the possibility of extending the application of the recorded statement protection to the lower courts. In March 2014 the Consultation Results Report, titled Consultation regarding application in the lower courts of recorded statement protections for Vulnerable Witnesses: section 21B of the Evidence Act, was publically released and can be found on the Department of the Attorney-General website. The recommendation of the consultation report, in brief, was to extend the operation of section 21B of the Evidence Act to the lower courts.
Section 21B(5) of the Evidence Act currently provides that a vulnerable witness does not need to be present in the courtroom when their recorded statement of evidence or the recording of the special sitting is replayed to the jury. However, the provision does not cover the replaying of the witness’s recorded statements at the special sitting, and there is uncertainty as to whether the witness will or will not be required to sit through this screening. Replaying a witness’s statement may be upsetting for the witness, and there is no reason to require the witness to sit through a replay of the recorded statement. In order to address this concern, recommendation two of the Review of Vulnerable Witness Legislation report recommend clarifying that vulnerable witnesses do not need to be present in the courtroom when their pre-recorded statement of evidence is played.
Consistent with recommendations two and seven of the Review of Vulnerable Witness Legislation report and the conclusion of the Consultation Results Report, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 amends section 21B of evidence to:
(a) clarify that honourable witnesses do not need to be present in the courtroom when their pre-recorded statement of evidence is played; and
(b) expand its operation to the lower courts so it applies in serious violence and sexual offences heard in any Northern Territory court, not just the Supreme Court.
(a) admit a recorded statement of evidence as the witness’s evidence-in-chief, or as part of the witness’s evidence-in-chief
(b) hold a special sitting prior to the hearing for the purpose of conducting the examination, or part of the examination, of the witness; and
(c) have an audiovisual recording made of the examination of the witness at the special sitting and admit the recording into evidence.
In order to address concerns regarding potential practical and operational implications of the expansion of section 21B to the lower courts, the bill inserts a new section 3A to provide that, amongst other matters, when considering whether to apply section 21B the court must take into account whether a recorded statement can be played, or a special sitting be held, in the particular courtroom. This provision has relevance to bush courts where there may not be facilities for evidence to be pre-recorded and replayed.
I now turn my mind to section 21D. In accordance with recommendation five of the Review of Vulnerable Witness Legislation report, the bill amends section 21D of the Evidence Act to add a principle which provides that all efforts must be made to ensure matters that could delay or interrupt a child’s evidence are determined pre-trial.
This amendment is consistent with the Bench Book for Children Giving Evidence in Australian Courts, published by the Australasian Institute of Judicial Administration Incorporated, and will ensure that, where possible, determinations on the admissibility of a child’s evidence or other legal argument is determined pre-trial, therefore reducing the trauma on the child and ensuring the evidence is given as soon after the relevant event as possible.
I now turn the House’s attention to the Sexual Offences (Evidence and Procedure) Act. Section 5 of the Sexual Offences (Evidence and Procedure) Act is intended to protect complainants in sexual offence matters from being questioned in a court by an unrepresented defendant. Currently the provision provides that a presiding judicial officer, or other person approved by the court, is to question the complainant on the defendant’s behalf.
However, addendum issue A of the Review of Vulnerable Witness Legislation report highlighted the inappropriateness of a judge asking questions, particularly when the complainant’s credibility is an issue and there is a suggestion that the judge could be seen by the jury to agree with questions posed to the complainant, and this would be detrimental to the case.
The Australian Law Reform Commission supports the position that judges should not question witnesses on behalf of an unrepresented defendant, and the majority of other Australian jurisdictions provide that, in this situation, questions should be put to the complainant by an appointed person instead of the presiding judge.
In accordance with addendum A of the Review of Vulnerable Witness Legislation report, the bill amends section 5 of the Sexual Offences (Evidence and Procedure) Act to:
(a) relieve judges of the responsibility of relaying questions from self-represented defendants during sexual offence trials; and
The provision has been drafted to restrict questioning by the appointed person to that which is requested by the defendant. The appointed person must therefore not provide any legal advice or ask any question beyond that provided to them by the defendant.
New section 5(3) has been inserted to require the court to warn the defendant that they will not be permitted to adduce evidence in relation to a fact in issue in order to contradict evidence of the complainant if they do not accede to cross-examination being conducted by the appointed person. This provision reflects the operation of the common law rule in the famous case of Browne v Dunn (1893) 6 R 67, which provides that where a party intends to lead evidence that will contradict or challenge the evidence of an opponent’s witness, they must put that evidence to the witness in cross-examination. References to ‘shall’ in section 5 of the Sexual Offences (Evidence and Procedure) Act have also been amended to reflect current drafting practice and the preferred term ‘must’.
The Northern Territory Legal Aid Commission has also been consulted in relation to potential resource implications if they are required to appear to present questions from an unrepresented defendant to the complainant, both in relation to amended section 5 of the Sexual Offences (Evidence and Procedure) Act and the mirrored amendment to section 114 of the Domestic and Family Violence Act. The Commission has confirmed it is able to provide legal assistance in this circumstance unless the defendant is assessed as having the means to afford their own representation.
In this situation, if the defendant does not arrange for a lawyer to appear and cross-examine the complainant, he or she will be unable to conduct the cross-examination and, as previously noted, will be able to adduce any evidence contradictory to that of the complainant.
I now turn honourable members’ minds to the Domestic and Family Violence Act. Similarly to section 21A(1) of the Evidence Act, section 104 of the Domestic and Family Violence Act provides for circumstances in which a witness is vulnerable. For the same reasons previously elaborated with respect to section 21A(1) of the Evidence Act, recommendation six of the Review of Vulnerable Witness Legislation report proposed an amendment to section 104 of the Domestic and Family Violence Act to clarify the matters the court is to have regard to when assessing whether a witness is vulnerable.
Currently, persons who have applied for and have a domestic violence order, or for whom the police have sought a domestic violence order but have not yet had their application finalised, are excluded from the protections available to vulnerable witnesses. This means a person may not be protected by vulnerable witness provisions until after proceedings to hear the domestic violence order application have been finalised. This provision is contrary to the intention of vulnerable witness provisions in the Domestic and Family Violence Act, particularly given the second reading speech for that act refers to the vulnerable witness protections applying to the applicant or applicants of domestic violence orders, in order to protect them from intimidation during proceedings.
In this regard, addendum issue B of the Review of Vulnerable Witness Legislation recommended that vulnerable witness provisions in the Domestic and Family Violence Act be amended to include a protective person, for whose protection a domestic violence order is sought or in force. Further, there is presently no requirement under the Domestic and Family Violence Act for the recorded statement of a vulnerable witness to be taken by a particular person or category of persons. As a result, the validity and admissibility of the statement could be called into question. This is in contrast with the definition of ‘recorded statement’ in the Evidence Act, which provides that an authorised person must make the recording.
An authorised person is defined in section 21A(1) of the Evidence Act to include a police officer with the rank of constable or above, a member of the Australian Federal Police who is appointed as a special constable, a member of the police force of another state or territory with the rank of constable or above or who is appointed as a special constable, a person who is an authorised officer under the Care and Protection of Children Act, or a person prescribed by regulation.
Consistent with recommendations six and nine and addendum B of the Review of Vulnerable Witness Legislation report, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 amends section 104 of the Domestic and Family Violence Act to:
(a) adopt a new definition of ‘vulnerable witness’ in section 21A(1) of the Evidence Act
(b) adopt the definition of ‘recorded statement’ in section 21A(1) of the Evidence Act to require a recorded statement to be taken by an authorised person; and
In accordance with the definition of ‘protected person’ in section 13(1) of the Domestic and Family Violence Act, this includes a person for whose protection a domestic violence order is sought or is in force. The adoption of other definitions in accordance with section 21A(1) of the Evidence Act, including the definition of ‘recorded statement’, ensures consistency as far as practicable with the vulnerable witness provisions of the Evidence Act and provides victims of domestic violence with similar protections.
The bill also amends section 114 of the Domestic and Family Violence Act to mirror the amendments to section 5 of the Sexual Offences (Evidence and Procedure) Act to relieve magistrates of the responsibility of relaying questions from self-represented defendants if an order is made, precluding the defendant from cross-examining the witness directly.
Consistent with the gradual conversion of all offences in Territory legislation, the Justice Legislation Amendment (Vulnerable Witnesses) Bill 2015 amends all offences in the Evidence Act and the Sexual Offences (Evidence and Procedure) Act so they comply with the principles of criminal responsibility in Part IIAA of the Criminal Code Act.
The bill also makes a number of minor technical amendments to three acts.
Transitional provisions are included with respect to each of the bills being amended to reflect the intention of the bill that the amendments apply to proceedings commenced on or after commencement of the Justice Legislation Amendment (Vulnerable Witnesses) Act 2015. However, if a trial or hearing commences prior to the commencement, and continues or is adjourned until a day on or after commencement, the amending act will not apply. In essence, this means amended provisions are to apply in all proceedings unless they form part of a trial or hearing that is ‘part-heard’ and commenced prior to commencement.
Separate transitional provisions are also provided for the amended offence provisions so the offences, as amended, do not apply to conduct unless all conduct constituting the offence occurs after commencement of the Justice Legislation Amendment (Vulnerable Witnesses) Act 2015.
The proposed amendments will strengthen existing vulnerable witness provisions and protections, thereby reducing the impact and trauma of court proceedings on vulnerable witnesses. This will also ensure witnesses are more confident and comfortable giving evidence in court, especially where their evidence is critical to a prosecution and may lead to more successful prosecutions.
As outlined in the Pillars of Justice framework and the Framing the Future strategic plan, the government is committed to supporting victims to ensure safer homes in a safer society. The proposed amendments will contribute to these goals and will ensure vulnerable witnesses are provided with the utmost protection and support. The proposal will also support the Domestic and Family Violence Reduction Strategy 2014-17: Safety is Everyone’s Right by ensuring cases brought to the courts are successful in holding perpetrators to account, thereby protecting victims from repeat victimisation.
Madam Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
PERSONAL VIOLENCE RESTRAINING ORDERS BILL
(Serial 147)
(Serial 147)
Bill presented and read a first time.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I move that the bill be now read a second time.
The purpose of this bill is to allow for the enactment of a stand-alone act dealing specifically with Personal Violence Restraining Orders. Currently, provisions with respect to Personal Violence Restraining Orders are contained in Part IVA of the Justices Act. This arose as part of a larger Local Court reform and passage of the Local Court Act 2015 earlier this year. It was considered appropriate that a separate, stand-alone act dealing specifically with the issue of Personal Violence Restraining Orders be created instead of being included within another piece of legislation.
A Personal Violence Restraining Order allows a person who experiences violence in a relationship, but does not live with the perpetrator - that is, not in a domestic relationship - to seek a civil remedy called a Personal Violence Restraining Order. Some former members might remember the old section 99 of the Justices Act.
The primary purpose of this order is to secure the safety of a victim, with the grounds of the finding of the order being, on a finding on the balance of probabilities, that the defendant committed a ‘personal violence offence’ that caused harm to the victim.
The circumstances under which a person can apply for a Personal Violence Restraining Order include if a person has committed a ‘personal violence offence’ defined as including a personal violence offence – being an offence against any of the following provisions of the Criminal Code: Part V, Division 2; Part VI, Division 3 to 6A; and sections 211 or 212 - or it is likely a personal violence offence will be committed against a person by another person.
A ‘personal violence offence’ generally includes any offences of assault, indecent assault and reckless behaviour which may cause personal injury.
It should be noted that the main purpose of the Local Court Act 2015 was to consolidate into one act all the key provisions regarding the establishment and operation of the main lower courts of the Northern Territory. That involved the consolidation of the Local Court and the Court of Summary Jurisdiction; resolution of inconsistencies between the jurisdictions, for example, in the area of contempt; rationalisation of standard quasi-judicial and non-judicial officers within the lower courts; reflecting current practices and be sufficiently flexible to cater for future changes to the practice; modernisation and create consistency in terminology; rationalising provisions regarding sentencing jurisdiction and offences that can be dealt with summarily; and increasing the size of the civil jurisdiction of the Local Court.
The Justices Act was also reviewed and substantial amendments were proposed as a result of the Local Court reforms. As part of that, a decision was made to remove provisions with respect to Personal Violence Restraining Orders contained in Part IVA of the Justices Act and enact a stand-alone act.
The bill also implements a recommendation of the Top End Women’s Legal Service that legislation relating to Personal Violence Restraining Orders should be enacted as a specific act, not just contained in the Justices Act.
The bill makes no changes to the policy with respect to Personal Violence Restraining Order provisions. The bill merely repeals Part IVA of the Justices Act and replicates Part IVA as a stand-alone act.
It is proposed that further consultation on this bill will occur prior to its passage. I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
LOCAL COURT (REPEALS AND RELATED AMENDMENTS) BILL
(Serial 148)
(Serial 148)
Bill presented and read a first time.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I move that the bill be now read a second time.
The main purpose of this bill is to make amendments consequential to the enactment earlier this year of the Local Court Act 2015. I will not repeat the policies and principles that underpin the enactment of that legislation; I just read them out in my last speech. Suffice to say they also apply to this bill.
The bill provides for matters consequential to the establishment of the new Local Court that has jurisdiction over criminal and civil matters. This involves the consequent abolition of the Court of Summary Jurisdiction and for ancillary reforms relating to consistency in proceedings within the Local Court, the Supreme Court, the Youth Justice Court and the Work Health Court. Many of the consequential amendments arise from the creation of the positions of chief judge, one or more deputy chief Local Court judges, Local Court judges, judicial registrars, a principal registrar, registrars and bailiffs, and the abolition of the Court of Summary Jurisdiction. Many of the other amendments are Parliamentary Counsel-type amendments for the purposes of consistency across the statute book regarding spelling, pluralisation and capitalisation.
I will not address these in detail as they are covered in the explanatory statement, which I will table in due course.
The bill also provides for a number of other reforms which I will now outline.
First, the bill renames the Justices Act as the Local Court (Criminal Procedure) Act. It also removes or amends provisions of that act which duplicate provisions of the Local Court Act 2015 or other acts which are obsolete or unclear.
The Justices Act is being renamed so it is reasonably clear as to the relationship between it and the Local Court Act 2015. It will be the act that deals with the criminal law procedures that apply when the Local Court is exercising its criminal jurisdiction. For the longer term, the Local Court (Criminal Procedure) Act will be repealed and replaced with a statute that uses modern language and reflects modern court practices.
Second, the bill repeals all the provisions of the Justices Act and in other legislation relating to recognizances. Recognizances have not been used since the enactment in 1995 of the Sentencing Act.
Third, the bill amends section 121A of the Justices Act so the value of property for the purposes of that section increases from $5000 to $50 000. Currently, section 120 provides that various indictable offences involving the theft of property can be dealt with summarily if the value of the property concerned is $5000 or less. This amount was set in 1997. It is proposed that the monetary figure be increased to $50 000. It is considered that the Local Court, rather than the Supreme Court, is the appropriate court to try offences for property of this value.
Fourth, the bill amends section 121A of the Justices Act so that breaches of section 213 of the Criminal Code Act, to which section 213(5) applies, are subject to section 121A. The amendments made to section 121A of the Justices Act do not apply to offences committed prior to the commencement of the amendments.
Fifth, the bill amends section 131A of the Justices Act so it is clear that the consent of the defendant is not required in order for a section 131A offence to be dealt with summarily.
The amendments made to section 131A of the Justices Act apply to all offences, regardless of when they may have been committed. Section 131A provides that specified indictable offences of violence may be tried summarily in the Court of Summary Jurisdiction. The section states that this can occur unless the court is of the view the matter should be tried on indictment, that is, before a jury in the Supreme Court. The operation of section 131A has been the subject of differing approaches between the Supreme Court and the Court of Summary of Jurisdiction. The leading Supreme Court decision in Birkeland-Corro v Tudor-Stack (2005) 15 NTLR 208 takes the view that the consent of the defendant is required. More recently, the magistrates have taken a different view.
The Department of the Attorney-General and Justice has released to stakeholders a discussion paper on the operation of section 131A. This paper suggested that section 131A be amended so the Lower Court has the discretion on whether section 131A matters can be dealt with summarily.
The Chief Justice and Chief Magistrate have both indicated support for this approach. Legal service providers have opposed the change.
Sixth, the bill amends section 169 of the Justices Act so in lieu of recognizances to prosecute appeals there is a statement of a general duty on the appellant to prosecute an appeal. This replaces the generality of current section 167(1). New section 169(2) provides that the Local Court may revoke bail of an appellant on bail that has not prosecuted the appeal.
Seventh, the bill renames the Local Court Act 1989, as amended, to the Local Court (Civil Procedure) Act and removing or amending provisions of that act which duplicate provisions of the Local Court Act 2015 or of other acts which are obsolete or unclear. This renaming makes it clear that the current Local Court Act is not being repealed; rather, it is being retained as an interim measure with the function of dealing with the civil jurisdiction of the new Local Court.
Eighth, the bill amends section 19(3) of the current Local Court Act 1989, as amended, so there cannot be appeals on interlocutory matters from decisions of the Local Court to the Supreme Court. Under the Work Health Court legislation, section 116(3) of the Return to Work Act, such appeals are not permitted.
The Chief Magistrate has suggested that two provisions should be aligned so interlocutory appeals on procedural matters should not be permitted. This appears to be appropriate. Appeals should be limited to matters that go on the merits of the civil dispute. To implement this policy position, sections 19(3) and (4) will be repealed.
Ninth, the bill identifies which acts operate under the court’s criminal jurisdiction, namely the Local Court (Criminal Procedure) Act and the Prisoners (Interstate Transfer) Act. All other acts operate in accordance with the default civil jurisdiction as provided for in section 19 of the Local Court Act.
Tenth, the bill amends the Bail Act and Bail Regulations so all appeals on bail are consolidated in the Bail Act, rather than in the Bail Act and Bail Regulations. Provisions dealing with appeals from bail decisions are contained in the Bail Act and in the Bail Regulations. Consolidation into the one set of provisions in the Bail Act will improve accessibility to the law. The substance of the policy of the provisions has not changed.
Eleventh, the bill amends section 35 of the Coroners Act. Section 35(3) provides that the Coroner must report to the Director of Public Prosecutions and the Commissioner of Police if the Coroner believes a crime may have been committed in connection with the death or disaster investigated by the Coroner. This section is, along with all other sections in the statute book that use the word ‘crime’, being amended so the generic term of ‘offence’ is used instead of ‘crime’. The word ‘crime’ has a technical meaning of indictable offence, but is sometimes used, as in the case of section 35(3), where it is unclear as to whether the meaning is the technical meaning or the more general meaning of any breach of the criminal law.
The Coroner’s Office was consulted about how section 35(3) works in practice. The Deputy Coroner, after consulting with the Coroner, advised that the preferred policy position is that it means offence, but in the past there have been issues with the wording of the section, even when taking a restrictive interpretation of the word ‘crime’. This section requires that the Coroner must report crimes. This has led to reporting, even where it is known a person cannot or will not be prosecuted, that is, the offender is dead or the matter has already had the benefit of a quashed prosecution or actual prosecution.
Required reporting of all offences could become very tedious and misleading, especially if out of time. Taking account of these comments, it is proposed that section 35(3) be amended so the Coroner has discretion whether or not to formally report on offences that may have been committed in respect of a coronial investigation of a death or disaster.
Twelfth, the bill repeals and replaces section 3 of the Criminal Code Act so offences are classified as either ‘summary’ or ‘indictable’, with the key factor being whether the maximum penalty is greater than two years’ imprisonment. One of the issues considered in the discussion paper released by the Department of the Attorney-General and Justice in 2014, and the subsequent report, was a rationalisation of the way offences are described and the courts in which they are tried. Currently, the main classification is that of ‘crimes’, ‘simple offences’ or ‘regulatory offences’. ‘Crimes’, as a general rule, are offences for which the maximum penalty is two or more years of imprisonment.
Regulatory offences will continue to exist and will usually be tried summarily. The term ‘regulatory offence’ is defined in the Interpretation Act. They are usually tried in the Court of Summary Jurisdiction.
‘Simple’ offences are all other offences with the exception of ‘regulatory’ offences, with the latter being offences for which there is no need to prove criminal intent. The position is complicated by the fact in the Criminal Code Act, Misuse of Drugs Act and a number of other acts there are a number of offences that are described as crimes, but have maximum penalties of less than two years.
The bill provides that all offences are to be classified either ‘indictable’ or ‘summary’. References to ‘crimes’ and ‘simple offences’ will be removed. All offences with a maximum penalty of two years or less of imprisonment will be classified as ‘summary offences’.
Thirteenth, the bill amends the Criminal Code Act and other acts so offences are no longer described as crimes. This has the consequence that, with the exception of the offence in section 294(2) of the Criminal Code Act, the various offences in sections 65, 69, 70, 71, 80, 82, 105, 106, 107, 108, 121, 122, 123, 124, 125, 199, 200 and 283 of the Criminal Code Act and section 9(2)(f) of the Misuse of Drugs Act that have maximum penalties of two years or less will become summary offences.
Fourteenth, the bill amends section 38(1) of the Fisheries Act so it remains a summary offence, notwithstanding the amendments to section 3 of the Criminal Code Act and the fact the maximum penalty is greater than two years’ imprisonment.
Fifteenth, the bill amends the Local Court Act 2015, Supreme Court Act, Work Health Administration Act and the Youth Justice Act to spell out the circumstances in which a Supreme Court judge or Local Court judge is unable to continue in the hearing of a matter in the various courts. In the course of developing the bill and the Justice Legislation Amendment (Summary Procedure) Act 2015, questions were asked as to whether current provisions for the various courts’ acts are adequate for dealing with the circumstance where a judge is unable to continue. The main area of doubt is this: who is to make the decision as to when a judge is unable to continue?
The issues have been discussed with the Chief Magistrate and the Chief Justice. It is proposed that each of the relevant acts - the Local Court Act 2015, the Youth Justice Act, the Supreme Court Act and the Work Health Administration Act - be amended so each of them spells out the circumstances in which the senior judicial officer for the relevant court can appoint another judge to take over from a judge who is unable to continue.
Each of the proposed sections sets out that a judge is unable to continue if he or she dies, vacates office in such a way as to not be able to finalise proceedings by reasons of illness, injury or other cause, or is unable to continue the proceedings without unreasonable delay.
A decision by a Chief Justice or the Local Court Chief Judge as to whether a judge is unable to continue cannot be challenged. Under other provisions of each of the acts, the senior judicial officer of the court can appoint another judge to take over from a judge who is unable to continue.
Sixteenth, the bill amends the Local Court Act 2015 so there is no doubt that there is no need for any magistrate to swear another oath, or partake in any other procedural requirement, in order to be considered a Local Court judge duly appointed for the purposes of the Local Court Act.
Seventeenth, the bill amends section 148(1) of the Mineral Titles Act so the offence is a summary offence, notwithstanding that the maximum penalty is greater than two years’ imprisonment.
Eighteenth, the bill repeals and replaces section 122 of the Sentencing Act so the default maximum penalty for an indictable offence dealt with summarily is five years’ imprisonment, or 500 penalty units, unless the maximum penalty for the indictable offence is less than that period or amount. Section 122 currently provides for the maximum penalty that can be imposed by a local court when dealing with an indictable offence in a summary way. These penalties are five years’ imprisonment and/or 250 penalty units, in the order of $37 000. This maximum penalty is inconsistent with the general relationship between imprisonment and fines penalty as established by section 38DA of the Interpretation Act. If the principle in the section is applied, the maximum penalty for section 122 is 500 penalty units, $74 500. It is appropriate that all sections containing indictable offences, which can be dealt with summarily, be drafted so section 122 applies.
Nineteenth, the bill amends the Care and Protection of Children Act so that new section 89 replaces current section 88. It provides that there is to be a family matters division of the Local Court and the proceedings must be constituted by a Local Court judge. This means a registrar or a Justice of the Peace cannot handle matters under the Care and Protection of Children Act.
Twentieth, the bill amends the Work Health Administration Act so as to spell out how contempt of the court is to be handled. This replicates the provisions of the Local Court Act 2015.
Twenty-first, the bill provides for the repeal of the Crimes (Victims Assistance) Rules, Justices Rules and Local Court Regulations.
Finally, the bill makes consequential amendments to the following acts and subordinate legislation:
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act
Bail Act
Bail Regulations
Care and Protection of Children Act
Coroners Act
Criminal Code Act
Cross-border Justice Act
Cross-border Justice Regulations
Domestic and Family Violence Act
Fines and Penalties (Recovery) Act
Fines and Penalty (Recovery) Regulations
Fisheries Act
Housing Regulations
Interpretations Act
Justices Act
Local Court Act
Mineral Titles Act
Misuse of Drugs Act
Misuse of Drugs Regulations
Police Administration Act
Prisoners (Interstate Transfer) Act
Prisoners (Interstate Transfer) Regulations
Public Transport (Passenger Safety) Regulations
Sentencing Act
Sentencing Regulations
Serious Crime Control Act
Supreme Court Act
Work Health Administration Act
Youth Justice Act
Youth Justice Regulations.
There are further reforms consequential to the enactment of the Local Court Act and the introduction of this bill.
In the shorter term, Part IVA of the Justices Act will be repealed and replaced by another bill to be introduced during these sittings.
The Records of Depositions Act provides for the keeping of and access to records. It applies to both higher and lower courts. It sets out, in considerable detail, the mechanics of keeping records. These are now out of date with changes in technology. It is proposed that all of these provisions be repealed, other than those identified by Supreme Court judges as being relevant, namely sections 12 to 16. These will be dealt with by another bill.
There will also be another consequential amendments bill of a statute law revision nature dealing with the more minor amendments to approximately 153 other acts and pieces of subordinate legislation.
I commend the bill to the House and table a copy of the explanatory statement.
Debate adjourned.
BAIL AMENDMENT BILL (NO 2)
(Serial 135)
Continued from 17 September 2015.
Ms WALKER (Nhulunbuy): Madam Speaker, I thank the minister for bringing the Bail Amendment Bill (No 2) (Serial 135) before the House.
I understand the purpose of this bill essentially provides for three things. The first is for the Youth Justice Court to consider the use of electronic monitoring devices to be attached to the ankle of a young person as part of bail conditions in order to provide an additional level of supervision. The second introduces a clause to make clear the wearer of the electronic monitoring device must not tamper with, damage or destroy the device. The third introduces a new provision which says that where an electronic monitoring device is damaged or destroyed, costs are recoverable by the government.
I thank the minister’s office for organising two briefings for me. The first was with officers from the Department of the Attorney-General and Justice in October. I then requested a further briefing with officers from Corrections, which was also attended by officers from the Department of the Attorney-General and Justice as I had some specific questions about the electronic monitoring devices and the new provisions around their use on young offenders. The follow-up briefing was provided on Monday 16 November in anticipation of the bill being debated in the last sittings week.
The opposition was not advised by the government Whip or the minister why the bill did not proceed in that week. They do not have to advise us of that, but I can only assume that it was such a shocking week for the government they did not want to expose themselves further to negative media. This is why at the eleventh hour they also deferred the second reading debate on Daniel’s Law. That has now been delayed further because the minister has suddenly realised it is flawed and deeply unpopular across legal peak bodies and advocacy groups, including Victims of Crime. Interestingly, he has suddenly become a consultative minister who listens, although until that epiphany he failed to listen to concerns and ignored advice, but that debate is for another time.
The members of the opposition support the use of electronic monitoring devices on young offenders if it can help keep them out of remand and detention. As we know, from the negative media coverage we have seen in relation to youth justice and detention in the Northern Territory, Don Dale is not where you would want young people to be unless it is necessary. There are occasions when crimes are committed, be it by young people or adults, and there is no option but for these people to serve a term of imprisonment. I am very clear about that and mindful of victims of crime, as well as the fact they deserve to see the perpetrators of crime provided with appropriate punishment. With regard to Don Dale, clearly young people do not want to be there, given some of the appalling reports we have heard about the conditions and treatment of young detainees, but I will come back to that.
While the bill provides for a magistrate to recommend an EMD as part of bail conditions, it is not automatic. I understand the Department of Correctional Services must provide a report to the magistrate which assesses the suitability of an electronic monitoring device being fitted. Will the young person comply with this device; is it suitable for the residence where the person is bailed to; and is there adequate support and supervision from carers or guardians with regard to the young person wearing this device?
I have seen these devices. Thanks to the last briefing I had in the minister’s office I have been advised of the cost of the hardware. It is less clear what the monitoring costs are. I have been informed that environmental factors like heat and water will not affect them, which is good news. I am not convinced that people who interfere with them will have the capacity to pay for the damage or replacement, though in the briefing I was advised it is not a common occurrence that EMDs are interfered with, which is also good news.
It is not clear in the bill whether there are penalties for someone other than the offender who might interfere with, tamper with or destroy the electronic monitoring device or the associated monitoring equipment that goes with it.
I was advised in my briefing with Corrections a couple of weeks ago that on 16 November - this advice came from the minister’s adviser, not from the agency officers - there were 53 young people in detention in the Northern Territory and 40 of those were on remand. That number may have changed slightly, give or take. Add the arrest of an 11-year-old girl at her school, who was handcuffed in full view of her school mates in Tennant Creek without the knowledge of her principal carer, who I believe was her grandmother. I find that appalling, and I am not alone. Notwithstanding the fact she has committed offences, her treatment was appalling for a child at the age of 11.
To have those 40 young people on bail and wearing an electronic monitoring device to track their whereabouts, assuming they have been deemed appropriate for the device and the associated conditions that go with it, would on face value be a good thing.
We know young people do not want to be in Don Dale or the Alice Springs Youth Detention Centre, because they have rioted and broken out. While I do not condone, by any stretch of the imagination, the assaults on staff - far from it - we need to ask what is going on in these places that drives these young people to take these actions. The Vita report and the Children’s Commissioner have stated some clear views on that matter.
I intend to come back to the government’s appalling track record in youth detention and youth justice generally. I have to ask - as many are asking - why, following a breakout of three 16-year-olds in Alice Springs on 22 October, a number of young people have been relocated to Don Dale in Darwin. For how long are these young people expected to be 1500 km away from their families and social workers? I include in that cohort a 12-year-old boy who was bewildered by what he had done wrong to find himself shifted, with others, to a place far from Alice Springs, from his country and his family. I understand he has since been released from detention and transported from Darwin - handcuffed - but serious concerns still remain about his long-term care and protection.
There are real issues for these young people even if they were to have bail conditions, including an electronic monitoring device. It is about the lack of resourcing to support young people not only when they are on bail, but supporting them fully once they interface with the criminal justice system. They need to be supported to succeed in addressing their offending behaviour, not destined to fail and find themselves detained.
In preparing for this debate I have learnt much more about bail application processes and issues. I understand the biggest issue is not so much the refusal of bail by the courts, but the need for the deferral of bail decisions in order for legal representatives to develop a bail plan, usually at the behest of the legal representation. There is currently little government assistance to young people to develop bail plans.
Although the court can order Community Corrections to conduct a bail assessment, which requires an adjournment of some weeks, it is often the case that the bail assessments are inaccurate and not always helpful. A bail plan includes an assessment of the juvenile’s needs and circumstances regarding travel, accommodation, supervision and support. The process involves talking to the young person, their family, support services and programs in order to address some of these issues. There are no youth justice teams or bail support officers who can prepare this application; therefore, it is usually the role of the legal representation to satisfy the court that young people will not reoffend and that they have appropriate support, via the submission of a bail plan.
It is important to look at children who are under the care of the minister, and the role of the responsible person. The Attorney-General is also our Minister for Children and Families, and Child Protection.
It is my understanding, from the discussions I have had, that there are issues with the department’s willingness to take responsibility for juveniles under the care of the minister who have contact with the criminal justice system. There are reasons for this. I am told the Department of Children and Families, and Child Protection, will occasionally support the young person being remanded in detention in lieu of finding a more appropriate supervision and accommodation option, because they can be hard to find.
One of the other issues is that the presence of a responsible person or adult is required for a court hearing to go forward, especially at bail or plea hearings. The Department of Children and Families sometimes struggles to source a responsible adult to attend unless there is significant prompting. I am not attacking DCF, but this is because it simply has a lack of resources within the agency. Sometimes it lacks skilled staff to do this. Let us face it; the agency is so stretched its services are crisis driven.
There are cases where bail has been refused because there is no responsible adult appearing with that young person. There are many examples of young people being in custody for a long period of time while legal representatives try to engage with DCF, whose resources are incredibly stretched, to assist with the young person appearing before the court. The result of this is young people getting lost in the criminal justice system.
I understand there is now a youth justice team in the Department of Children and Families - a very positive outcome - to deal with dual clients. But given that the minister has responsibility for Justice, Children and Families and Child Protection, he can surely see the need, and resource the changes that are clearly needed.
In looking at bail conditions for young people, the most common conditions include curfews, most often applied as 7 pm to 7 am, which are often imposed regardless of the charge or whether the offence occurred at night. This is also the most breached condition. If an electronic monitoring device helps prevent a breach of curfew, I guess we will see what comes of it.
Other common conditions include that the young person must attend school, and there must be no consumption of alcohol or other drugs. Non-associations can be an issue when the condition refers to classmates or juveniles in the same residence; that is particularly the case in out-of-home care residences or with extended families. Other conditions of bail can include accommodation, that is, where they must reside as directed. This is problematic if the juvenile is highly transient. There needs to be more flexible policing of this bail condition and consideration of cultural circumstances; for example, where a young person is sleeping with a family in a house next door, as opposed to the place they have been directed to reside, because the sleeping space, bedding, mattresses or blankets are inadequate.
Another condition includes supervised bail. The court can order a bail assessment to be conducted by Correctional Services and for them to monitor bail conditions. I am advised this is rarely done. The other condition of bail is surety. Although this is not an up-front payment it is enforced where there is a bail breach. This is used regularly and is problematic for low-income families that cannot afford the post-breach forfeiture of the surety.
The larger cohort of juveniles facing bail decisions are receiving conditions rather than receiving unconditional bail. There is an assumption that young people require greater structure and that bail conditions assist in providing this structure.
If we look at the issue of bail breaches, police rarely use summonses when dealing with breaches of bail and usually arrest the juvenile and bring them to court. As of last year, it is a fresh offence to breach bail, including conditional breaches. There is a clause for having a reasonable excuse for breaching bail, for instance, a curfew. However, due to lack of resources and language barriers this is often overlooked. This has a number of impacts on young people. The length of convictions can reflect an extensive breach history. There is an increased level of paperwork for police, which means young people are held in custody for longer, sometimes up to 10 hours. There is no maximum time a juvenile can be held in custody before having to appear in court, only a reasonable time. When bail is refused by police, they can then be held in custody for several days before appearing in court.
There are service gaps which exist for juveniles on bail. In addition to the lack of bail support programs, there is a lack of engagement with young people by the justice system to have young people take responsibility for their actions. This is clear in the juvenile justice principles, but it is not evident in the practices of police or the courts. Pre-sentencing conferencing, which can facilitate the offender taking responsibility for their actions, has been in the legislation since 2006, but I am advised it is rarely used.
There is a lack of programs and strategies that seek to intervene and reintegrate recidivist offenders. I am advised there is a small cohort of juveniles with a ridiculously high recidivist rate. The police response is to monitor them and their families. The majority of juveniles in remand or detention are recidivist offenders with significant criminal histories. Recidivist offenders do not have the option to participate in meaningful rehabilitation programs. Surely this needs to be addressed if we are to break the cycle of recidivist offending.
Remand, or detention, is also a problem. There is a lack of supportive environments that young people can be bailed to. This includes a lack of family support, which facilitates a juvenile’s continued involvement in the criminal justice system. The court process is not always the best option or the best practice. It is not overly participatory for the young person and their family. There appears to be no avenue for active engagement of young people and their families in the criminal justice process. There are often language barriers and a lack of interpreters to assist young Indigenous people, noting that 98% of young detainees are Indigenous.
On face value, the idea of keeping young people out of detention by providing bail provisions, which can include electronic monitoring devices, sounds like a good idea. It is a good idea, but the reality is there are invariably other factors at play which are likely to see the offender’s bail breached, and the young person may be detained anyway.
It is high time to take a different approach to youth justice in the Northern Territory. The minister would have done well to attend the youth justice forum, which was held a number of weeks ago in Darwin. The member for Casuarina and I attended, along with a number of stakeholders with vested interests in doing the best thing for young people who find themselves at risk of interfacing with the criminal justice or corrections systems. That included a number of NGOs, as well as representatives from the police and Corrections departments. I congratulate NAAJA, NTCOSS and the Red Cross for driving that forum. It brought stakeholders together for a very open and honest discussion, as well as recognising that things in the system were not right and needed to be addressed.
On the back of that forum I ventured to Melbourne to learn more about the Children’s Koori Court and other therapeutic court processes, such as the Assessment and Referral Court List. I spent two days in Melbourne with many people who are engaged in that system, learning about how it operates and how it is driven by data. They are always looking for an evidence-based approach, hence the importance of a dedicated program analyst who is crunching through the data to see the success that is occurring. They are seeing success in the way they deal with people’s offending behaviour to keep them out of prisons.
From there I went to the Parramatta Children’s Court in Sydney to observe the relatively new Youth Koori Court which magistrate Sue Duncombe established in February. I met her at the youth justice forum. She provided a presentation and I spoke with her afterwards, and subsequently I made further contact with her. I was welcomed to visit her court at the end of October and had the opportunity to sit in the court, as I did in the Assessment and Referral Court in Melbourne, and observe matters and processes that people go through in these courts.
It is not about - as the minister might say - running our fingers through their hair and giving them a hug. These people appear before the magistrate, who does not sit at a bench but sits at the table in front of it, directly opposite the offender. To be eligible in the system, the offender must have pleaded guilty to what they have been charged with.
I observed the offender placed front and centre. They are given a voice and provided with support to try to accept responsibility for their offending behaviour and address that behaviour with support mechanisms and problem-solving support. We are talking about people who may be in the child protection system, who have mental health issues or cognitive learning difficulties, who may be homeless or have alcohol and drug addiction issues.
These are the type people who are also appearing in our courts. Unless we are able to factor some flexibility into our justice system to deal with these people and give them the opportunity to address their offending behaviour with the right support system, all we will ever see is the continuation of a sausage factory approach to justice - a one-size-fits-all approach. We will never see anything different.
I observed in these courts that these people have a chance to turn their lives around. Some of them do, some of them do not. Magistrate Duncombe was devastated with one of the final matters she was hearing that day. It was a young man they had worked so hard for - she spoke about him at the youth justice forum - who had breached bail. There was a warrant out for his arrest and he had lost the opportunity given to him. It is not always about seeing success; it is also about giving people opportunity.
On the face of it, for what we pay to detain people in our corrections facilities versus what we might spend in justice reinvestment, there is a reward, a monetary gain and saving that comes from that. I have talked about it before and I will talk about it again; we had the SMART Court in the Northern Territory, which allowed people with drug and alcohol issues, not violent offenders, to address their offending behaviour and get back on track without going to prison. But the Attorney-General shut that system down with no evaluation or assessment. One of the strong pieces of advice I received on that front from senior members of the judiciary in Victoria is that if we return to a similar model, should a Labor government return in the Northern Territory, we must ensure we enshrine those courts within legislation so they cannot be overturned.
That was similar to the advice I received from the former Labor Attorney-General in Victoria, Rob Hulls, who, a number of years ago, drove the reforms within Victoria and is now working in the Justice Centre at RMIT, driving a policy reform agenda. I value the time he afforded to me while I was there to talk about why these reforms are necessary.
I wanted to ask the minister whether he agrees in principle to the Making Justice Work campaign in the Territory, which is driven by no fewer than 20 organisations across justice and legal bodies as well as social services. Within the brief flyer about Making Justice Work, it outlines the principles and starts by saying:
- The ‘Making Justice Work’ campaign brings together a wide range of groups with a common interest in effective responses to crime in our community.
…
The campaign has no political affiliations. Its members are prepared to work with the Northern Territory Government, Opposition and Independents to develop sound policy and proposals for law reform.
It then outlines the five principles, number one being:
- Stronger measures are needed to prevent crime and deal with its causes.
Principle number two is:
- Prison is not a solution.
They state here:
- We recognize that there are, and always will be, cases where jail is the only just sentence. But sending people to jail does not prevent crime. In fact, the evidence shows that it causes more crime. And sending people to jail is very expensive: it costs over $100,000 per adult prisoner per year and $216,000 per young person per year. This is money that we should be spending elsewhere on things that prevent crime. Any policy or proposal that would see more people going to jail must be fully costed and able to be justified against its opportunity cost (ie what preventative measures the money could have been spent on).
The third principle is:
- Young people should be kept out of the criminal justice system where possible.
It goes on to say under that principle:
- When young people are exposed to the criminal justice system they are much more likely to become adult offenders. This is particularly true if young people are sent into detention. The evidence shows that diverting young people away from courts reduces re-offending. The Review of the Northern Territory Youth Justice System (2011) found that the emphasis for young people should be on supporting young people, diverting them from the criminal justice system and addressing the underlying causes of their offending.
- We should put offenders to work, not just lock them away.
The Attorney-General, through his Sentenced to a Job program, agrees with that principle.
The fifth principle is:
- We should work with offenders and set them up to succeed, not fail.
It goes on to say:
- The Northern Territory has the highest re-offending rates in Australia. More must be done to stop the ‘revolving door’. This requires working intensively with prisoners to promote rehabilitation and reintegration. Support and services should be provided from the time a person is taken into prison and continue past their release to support their return to the community.
Madam Speaker, I seek leave to table that document on Making Justice Work.
Leave granted.
Ms WALKER: My question to the Attorney-General, in looking at the Making Justice Work campaign, is does he support the principles? I know he supports principle number four. This is a non-political organisation. There are no fewer than 20 NGOs involved in Making Justice Work.
I have found it distressing at times to learn of the treatment of young people in detention. Chilling footage as captured on CCTV and broadcast on news bulletins of a young person, I believe 13 years old, a young boy not wanting to change clothes, forcibly held down, stripped and made to change. Then there was the riot at the Don Dale centre in August 2014, which triggered the Vita report and, subsequently, a report by the Children’s Commissioner.
The use of handcuffs and spit hoods on those young offenders following the riot was shocking. Spit hoods were used on all of the young people who were transferred - six of them I believe - even though only one of them apparently had a history of spitting. In discussions about youth justice in the Northern Territory, when I was visiting the courts in Victoria, it was raised with me by a number of people who work in that system, including the judiciary, with raised eyebrows. People are horrified to learn of some of the practices that are accepted in the Northern Territory.
The government’s handling of youth justice has been unravelling in the last 12 months. The government’s response to the Vita report and the Children’s Commissioner’s subsequent report has been lacklustre. I am not sure this Bail Amendment Bill to introduce electronic monitoring devices on young people will do much, if anything, to turn that around.
There is an advisory group meeting every two months to discuss the implementation of the Vita report recommendations, but it does not address the issues identified by the Children’s Commissioner. The advisory group, as far as I understand, does not address the very serious allegations of mistreatment raised by a former youth justice detainee, a 15-year-old boy, who spoke at the youth justice forum I attended.
In the first nine months of 2014 there were 12 disturbances in youth justice facilities, compared to five in 2013 and five in 2012. This pattern has continued into this year.
The government criticises the own-motion investigation by the Children’s Commissioner, but the CLP had pushed for this change of power as far back as 2010, until these powers were introduced under the former Labor government in 2011.
The Children’s Commissioner’s report and the Vita report are equally damning of the government’s handling of youth justice. They both agree that in relation to the August 2014 riot:
the children were kept in isolation for extensive periods of time, contributing to the riot, as long as 23 hours a day, which is in breach of the act, let alone human rights
communication with these young people was insufficient and they became agitated at ongoing detention
staff were not adequately trained to manage critical incidents, even though a Children’s Commissioner’s investigation in December 2012 specifically recommended improved training and critical incident handling be implemented by the department
a contributing factor was that the Department of Correctional Services had failed to lock a cell door and, therefore, provided the opportunity for the young person to escape
the lack of communication between personnel led to poor decision-making
the use of tear gas at that riot was violent and breached the Youth Justice Act
inaccurate internal reporting resulted in incorrect information being provided to external resources
lawful authority was not provided by the magistrate to transfer the six detainees from Don Dale to the adult prison
there were no policies or procedures related to the use of spit hoods and there was a lack of appropriate training, development and commitment to negotiation and mediation to resolve the confrontation.
This bill provides for a mechanism to support bail conditions for young offenders by providing electronic monitoring to keep them out of detention and out of remand. As I said, on face value it is a reasonable thing to do; it is a cheaper thing to do so taxpayer dollars are not spent on costly detention. It costs over $500 a day for young people.
I hope an EMD will work for some of these young people under this bill. But the bigger question here is about the need to support those young people - many of them already in the minister’s care - to not breach their bail, address their offending behaviour, have an opportunity to accept responsibility for their behaviours and, with the right support, turn themselves around.
Many of these young people do not have family support or parents with the capacity to care for and raise their kids. The minister has said repeatedly that the government is not responsible for bad parents, and if parents took responsibility for their kids we would not have these issues. That is a complete head-in-the-sand approach to the reality of the levels of disadvantage we face in the Northern Territory. If these children have bad parents, who is there to support them?
The minister is not interested in justice reinvestment, therapeutic justice or giving offenders, where appropriate, a chance to address their offending behaviour. In doing so, he ignores the advice of legal experts and members of the judiciary. He ignores the evidence. You only have to look to Tasmania, where the number of young people in detention has dropped dramatically because they have turned their youth justice system around.
The minister has implemented boot camps, which provide opportunities to help young people turn their behaviour and their at-risk status around. Where is the data about what boot camps are achieving?
We will watch, with great interest, the impact the use of electronic monitoring devices will have on young people, and their effectiveness in keeping them out of remand, detention and the cycle of reoffending.
I thank the minister for bringing this bill before the House. We have indicated our support. Still, we have concerns about how the most vulnerable offenders are failed by the youth justice and child protection systems.
Debate suspended.
The Assembly suspended.
BAIL AMENDMENT BILL (NO 2)
(Serial 135)
(Serial 135)
Continued from earlier this day. Mr WOOD (Nelson): Madam Speaker, I need to calm down. I got so excited when the Chief Minister said, ‘Down, down, down’ in Question Time. I thought he was advertising for Coles, but he was not.
Members interjecting.
Madam SPEAKER: Member for Nelson, please, pause. Honourable members, please be quiet, so we can hear and I can get the attention of other members.
Mr ELFERINK: A point of order, Madam Speaker! I apologise; I understand the member for Stuart wanted to make a personal explanation at the end of Question Time.
Madam SPEAKER: No, she cannot because I have not seen any information about a personal explanation.
Mr ELFERINK: I thought it had been arranged through your office.
Madam SPEAKER: No it has not.
Mr Tollner: The Speaker is hostile towards you, Bess.
_____________________
Suspension of Member
Member for Fong Lim
Member for Fong Lim
Madam SPEAKER: Member for Fong Lim, please leave the Chamber for one hour pursuant to Standing Order 49.
_____________________
Madam SPEAKER: Leader of Government Business, I have not received any information about a personal explanation.
Mr ELFERINK: I will find out what has happened. I was of the understanding your office had received that.
Mr WOOD: Madam Speaker, we are discussing the amendments to the Bail Act, and I thank the member for Nhulunbuy for many of the issues she raised. Many of us support what has been put forward. It was being discussed earlier that this is one aspect of juvenile justice and we know there are many issues that need to be resolved in relation to juvenile justice.
I spoke to the Commissioner for Correctional Services before he lost his job. He explained why the Corrections department was looking at the introduction of electronic monitoring of juveniles. When you first think of it you say, ‘They are juveniles; why should we do this to young people?’ However, I remember a petition that was presented earlier this year by many concerned rural residents who felt that young people out on bail were just going back out - in this case to the rural area - and committing offences. I thought the application of a monitoring device could reduce that type of offending.
I understand from the bill that this would be done by a magistrate, who receives information from Correctional Services or the police and then makes a decision as to whether the person should wear one of these bracelets. The advantage of having one is you are keeping someone out of the prison system and, hopefully, enabling that person to take some responsibility. If they are seen in places where they should not be, they will be back in prison.
The other benefit is it is more than likely that person will not run off with a group of people who are continuing to commit offences. It might also have the extra benefit that the people this person normally hangs around with will not want to know them because they might be traced, and that would not be very good for the gang. With the conditions that apply to it, this is a positive approach. You cannot look at this in isolation from other things that need to occur. There is a minority of youth who cause problems. The vast majority of youth are fantastic people.
The member for Goyder and I went to Taminmin recently and we did a lip dub. I will never work out what that means, but it is miming, in plain English. We did it with the whole school; there were young people dancing and singing. The finals are this week and the best lip dub will be announced. We hope Taminmin will be in that.
When we talk about youth justice, let us not lose sight of the fact there are some great people. You see them at the beginning of the year when they receive awards for high marks for Year 12, and you see what youth can do. When we discuss youth justice, we have to make sure we do not lose sight of the fact we are talking about a minority of young people.
A couple of questions need to be asked about the practical side of the bracelets. The minister said they are waterproof, but one of the issues some time ago whether they were lightning proof. There were issues many years ago about whether these bracelets could attract lightning. I am not saying they do, but it was mentioned regarding earlier models of bracelets. I wonder if that is still an issue.
We have issues that go hand-in-hand with this issue. I have mentioned Wongabilla before, which is a diversionary program. I think we have to make sure those diversionary programs are well-funded. Places like Wongabilla are important. I have also mentioned the boot camp, and I thank the minister for the invite to go there. What is missing in the Top End is something like BushMob. It has been said that most of the people we are talking about are young Indigenous kids. I visited BushMob as part of the ice committee. I was also at the Australian of the Year Awards for the Northern Territory; Will MacGregor from BushMob won that award.
I should read why BushMob is important:
- BushMob runs a residential program for young people aged 12 to 24 years of age, wanting to get their lives back on track without alcohol, drugs or sniffing. The program is based in Alice Springs.
The BushMob residential service provides:
24 hour care
case management
counselling, brief interventions and life skill development programs
education and training, and positive life choices.
The program allows each participant the option of a support person who can stay with them whilst on the program. The BushMob residential program requires the participants to undertake alcohol and other drug assessments, and receive a medical checkup.
The BushMob residential program is a very unique program, tailored to meet the needs of young people living in Central Australia.
I understand it is a very successful program, and I think we need to expand it. It is easy to say expand, but you need the right people. People like Will MacGregor are special people.
BushMob is also talking to the government about using the boot camp at Loves Creek, which is great. I sit here and listen to some of the debate and I think of how Wildman River, Gunn Point and Beatrice Hill closed down, and now we are going back and doing the full circle again. It is good that we have people like those at BushMob, but we need more of that.
All that we are talking about today, in regard to bracelets and electronic monitoring, is a small part of what is needed. You would hope you do not need this, and that we can try to get all kids back on the straight and narrow. I think the government should seriously look at something like the BushMob in the Top End. It is mainly aimed at Aboriginal people, but not exclusively, and the interesting thing is is it attracts people from interstate. That is the sort of reputation it has.
I still think we should look at a family responsibilities commission. I am not sure where all these kids come from, but if they come from the bush, there are opportunities. I have this book called Taking Responsibility - and this is putting responsibility back into the hands of people in communities. I would be interested to see if there is any possibility this could be applied in an urban situation; I am not sure. It is something we need to look at for rural or remote situations. I am not sure where these kids who are getting into trouble come from. Are they urban Indigenous, remote Indigenous or a bit of each?
I feel that we need to look at other practical programs. I can source information from people working in universities. They can give me large amounts of statistics, which is fantastic. But then I find the existing Family Responsibilities Commission, which is working and making a difference to people’s lives in communities. It is using people in five communities as local commissioners. It is changing the lives of those people. It takes time, and the minister is very big on responsibility, but it is putting the responsibility back into the hands of the community. Talking of families, many times extended families are the community.
This is something the government should seriously look at as part of an overall plan for getting people off welfare, trying to reduce the effect of alcohol and drugs, and getting people back to work, but also helping young people and keeping them out of the juvenile justice system. You will not get everybody out of it, but that is one positive way we could go.
There has been discussion about a young juvenile in Tennant Creek being handcuffed. I do not know the whole story and what you read in the papers is not always the full story.
One of the areas that has not been discussed, but hopefully will be in the new year, is the FASD report. I was on the FASD committee and I understand there is a pretty high likelihood - knowing the amount of alcohol that is consumed in the Northern Territory - that many children have been affected. Those children could be the ones getting into trouble, because their cognitive senses have gone, as has their ability to know what is right and wrong.
We might be looking at people as if they are all the same. I imagine they are not. Some may come from broken families, etcetera, but some could have cognitive problems caused by FASD. That is an area we need to make sure we look at, especially when sentencing young people.
I remember one of our discussions in Alice Springs. A policeman said the problem with a FASD child is that if the kid smashes a window, a police officer comes and says, ‘You are not to do that; it is wrong.’ The next week the same young person smashes another window. The policeman says, ‘What did you do that for?’ He says, ‘Well, it is not the same window’. Because the cognitive ability of that child has been diminished by alcohol, he has the idea that it was wrong for the first window, but not any other.
I believe there is a place for this bill. As I said before, it is good that the magistrate will look at all the matters before him. The person has to consent to an agreement, which is covered under section 27A(1). Part of the conduct agreement is:
… to wear or have attached, and to not tamper with, destroy or otherwise interfere with, an approved monitoring device while on bail or the lesser period ordered by the court …
Then they are required to enter into an agreement under section 27, under which there is a series of agreements the magistrate can require you to sign up to. If there are cases where this operates I am interested to see how it works with various people. I do not want their names, but if we knew the court required an individual to wear one of these bracelets - and this might be an individual who has been constantly absconding or breaking bail - it would be interesting to see if it makes a difference.
When we introduce legislation into parliament and say it will do something – 12 months later we have forgotten the legislation was introduced – often we do not know whether the legislation has been successful in doing what it set out to do. That is an important part of this discussion. It is not just about introducing something. It is about coming to parliament and saying, ‘Yes, we have had a number of cases where these bracelets have been used, where court agreements have been part of wearing that bracelet, and it has been successful in reducing the offending of this juvenile’.
I thank the minister for bringing this to the House, and I agree with the amendments.
Mr ELFERINK (Attorney-General and Justice): Madam Speaker, I start with some observations made by the member for Nelson. I thoroughly agree with him in relation to communities taking greater responsibility. I have been working on a package for some time. Hopefully it will be rolled out early next year in relation to what we can do in remote communities, and getting traditional owners to have greater control over lower level criminal justice issues and civil disputes in their communities.
I note that you referred to the Family Responsibilities Commission in Far North Queensland. I was there about two years ago and had a close look at it. I believe we can do better than that due to the expense component of its model. It has a registry in Cairns and somebody who was a former magistrate, paid at the rate of a magistrate, to travel around as a commissioner. That person meets with local commissioners in various remote communities.
The problem is that the program, when I saw it, was costing about $4.5m to $5m a year for four communities. If you were to roll that out to 78 communities across the Northern Territory your roll-out expenses would suddenly be in the order of about $78m. That is too expensive, but we can do it better. We have many of the structures in place that Queensland did not when it established the commission. You do not need to run a central registry. You can do it much more effectively using local police, nurses, teachers and those types of people as administrative support to a local community. We are looking at models like that going forward.
To give you comfort, we are looking at something in that regard. It has not gone to Cabinet. Nothing is guaranteed and there are no announcements to be made at this stage. I am very open to the fundamental issue the member for Nelson raised about local people and local solutions for local issues. The solutions in Yuendumu may not be the same as the solutions in Papunya. The reason is that whilst it is not on traditional Warlpiri land, the vast majority of people who live now in the Yuendumu region are Warlpiri people. Papunya has mostly Pintupi-Luritja speaking people. They are only 110 km apart as the crow flies, but you have two different cultural structures.
The more remote your decision-maker is, the more general the policy has to be. Consequently, if I am the policy setter and I say we are going to do this, this and this, then the same one policy has to be applied in Yirrkala, Yuendumu, Papunya, Kintore or wherever. I prefer to give people control over their own lives. People should have greater control in their local communities. This is the very antithesis of the former Labor government, which believed then, and still believes, in centralised control. You can see that in the changes Labor made to remote communities in local governance issues.
The former government decided to take local governments from local people and turn them into shires. What cost them the last election was the rage people felt at having their capacity to make local decisions taken away from them. It was the same idea that percolates centralised thinking and has done so for time immemorial. ‘We will create a policy environment that will be rolled out in your jurisdiction because we are smarter than you are.’
The case in point is the intervention. People in Canberra were creating policies for people in Yuendumu. There is some Newtonian physics in this in the sense that Newton once said the gravitational effect on one body in space on another is directly and inversely proportional to the distance from the other body. Similarly, your level of satisfaction with your decision-maker and policy setter is directly and inversely proportional to your distance from the person who makes the policy. Consequently, a bureaucrat in Canberra making policy decisions for people in Yuendumu is almost destined, despite their best efforts, to screw it up.
Nevertheless, that is more a general comment. I hear what the member for Nelson is saying about Beatrice Hill and old Wildman River and I have a great deal of sympathy for that. That is the reason we are doing the Loves Creek boot camps. The plasticity of a young person’s mind when it comes to correcting them is extraordinary if the corrections can be intense enough.
Whilst it may seem a bit facile, it is worth contemplating a TV show you occasionally see on one of the commercial channels called The World’s Strictest Parents. It is run in Australia and overseas.
Ms Manison: It is a great show.
Mr ELFERINK: Yes, but the interesting thing is they only expose these kids to the world’s strictest parents for a week and they are not that strict; they just have standards. After only a week, all of a sudden the kid comes out the other end a transformed human being. I doubt that my crusty old mind could ever be that flexible to rejig my attitudes, but young people are highly susceptible and responsive to those types of influences. I have seen the same in boot camps.
On day one in the boot camp these kids are angry; they are spitting chips and are a complete pain in the arse. It is such a predictable thing that you cannot get angry with them when they are calling you names, because you know full well that it is all bluster and bravado. It is their way of coping with the environment they are in. If in doubt, lash out.
Even by the end of day one - these kids in the boot camps have done their first 10 km of walking on day one - you will hear two or three of them saying, ‘We are stuck with this. We have to get through it so we might as well just shut up and get on with it.’
By the end of day two most of the kids are in that frame of mind. By the end of day three they are starting to enjoy themselves. There are no phones, no bits of this, that and the other. There are no distractions so they end up sitting around camp fires at night, under the spectacular night sky of Central Australia, and they end up talking to each other. There are team leaders guiding them, and these people are bloody good counsellors. Before you know it, these kids are starting to gel and work in a team in a way they have never done before.
By the end of eight or nine days these kids have undergone a fundamental psychological transformation. They smell like polecats because they have not had a wash in 10 days, but the spiritual and emotional change you see in these kids is awe inspiring. They are polite - please and thank you - they are keen to see what they can do to help each other, and they are keen to go back to their world and look at it through a new lens.
It is like Saul on the road to Damascus; it is that type of transition and is worthwhile to see. However, you then have to run cautiously. I have a real temptation to drag more kids into that environment, but that opens you up to allegations that you are stealing kids and those types of things.
We find ourselves with other kids in the criminal justice system. Our criminal justice system is reluctant to lock up kids. I pause briefly to make a couple of observations about that.
Of the kids we invariably find in the custodial environment, slightly more than half are kids that we also have in care under the child protection system. These kids are wayward; they have never had any good parental guidance, which is half the reason they get themselves into trouble in the first place. You cannot lock these kids up when they are in care; you still have to treat them like you are their parent, so you take them on excursions and every so often one of them scarpers. It is as frustrating as all hell.
There is no shortage of people who want to help. There is nobody in this House who does not want to see better outcomes for these kids, but they are starting on the back foot. The positive thing I take away from all of this is simply the numbers. At the moment we have a little over 40 of these kids in the custodial environment and most of them are on remand. I have 1000 children in my care as the minister for Child Protection. If it is true that having an unfortunate home environment leads to criminality, it is not being reflected when you consider the number of kids I have in care compared to the number of kids in custody. There are about 20 of them.
I find that heartening because it means many of those kids in care are in an environment where they are not getting into trouble. They will eventually, particularly if they are in a permanent placement, enjoy the stability of that placement and it will give them opportunities and chances in life that the home life otherwise would not have given them. Very few end up in the custodial environment, compared to the number of kids in our protection as a state because of their wayward home lives and their abuse, neglect and sexual abuse.
There is at least some comfort to be taken and, whilst it is a cold comfort, it tells me most kids - even without the advantages of a stable home life - do not automatically turn to crime, because it is not reflected in the numbers. Yes, there is a great propensity, but it does not automatically follow that a kid in care ends up living a life of crime. Very low numbers go down that path, Gott sei Dank. It is a good news story in that respect.
Kids who turn to a life of crime, unfortunately, find themselves in the court system. We make all efforts to divert them and whatnot prior to entering the criminal justice process. Invariably some of them enter the criminal justice process and some of these kids present themselves as out of control, wayward kids. They make all sorts of trouble for themselves, their families and the communities in which they live. Those kids will get arrested, or summonsed to appear in court, and those courts must determine what to do with them.
It is interesting to note that of the 40 or so kids in custody at Don Dale or in juvenile justice custody across the Northern Territory, two-thirds to three-quarters of them, depending on the day, are not there as sentenced kids. They are being kept in remand. We have to remand some of these kids for all the reasons outlined in the Bail Act.
I do not even know if it is section 26 anymore; it was 15 years ago when I was a cop, but there is a detailed explanation in the Bail Act as to what should be considered when a court determines bail – or an authorised officer, but for the purpose of this discussion we will say a court.
When a court determines bail, flight risk is one of the issues, along with witnesses, protection of evidence, the need to engage in other lawful conduct and any number of other propositions. The courts seem to prefer to use remand, for the sake of holding these kids, to bring them back to court so they can answer for their charges. I do not have a problem with that. Sometimes I sense that the courts could use remand a bit more fulsomely.
Some of these kids get bail. It is frustrating for police because they arrest a kid one day and the kid appears in court because bail is refused by police. The kid then gets court bail and is back at large, and they arrest him the next day or the day after. You have this cycle of kids going through. The courts do not want to lock up kids because it is counterintuitive to do so. It is also a requirement of the legislation, so they are constantly trying to find ways to not lock them up.
One of the ways we are now proposing for the courts to deal with these issues, even if the kids were able to get bail, is to track the kids. You have to remember that 80% of juvenile crime in the Northern Territory is committed by 30% of the juvenile offenders, so we would like to track them.
Then enter the bracelets, which are very useful indeed. We have used these bracelets on a couple of occasions and we have been able to track potential offenders as they moved around the community. We have 132 of these bracelets currently in circulation and there are a handful of children in our community who would need them. I am happy to see the courts whack these on the ankles of some of the kids who cause problems in our community. I hope the kid would think to themselves, ‘Okay, I have a bracelet on my ankle; the police know where I am.’ Alternatively, if the kid cannot bring themselves to be that smart, they go out and do whatever it is they do and we can track them and know exactly where they have gone, at what time and where they were in relation to offences that are later reported. It provides evidence. I would much prefer the kid did not get themselves into any more strife. After a while they should start to figure out that they should not get themselves into strife. Nevertheless, if they do, we can track them.
People have an expectation that the bracelets are somehow indestructible. They are not; they can be broken. A decent set of bolt cutters would probably get it off your leg. But they are quite strong; I cannot break them readily. You can hacksaw them off or whatever. Once one of these things is breached then G4S, the company that has the contract with us, immediately knows about it. If it is a condition of bail to keep this thing on you ankle, and all of a sudden you take it off because you cut the strap, we will know about it instantly.
A classic example, which was a little misunderstood by the media when it was first reported, was when Mr Kamm in Alice Springs, who was on parole, decided to remove his bracelet from his ankle. Everybody said he was an escapee. He was not an escapee; he was at large and he was working. But he decided, for whatever reason, to remove the bracelet from his ankle. Under the old system we probably would not have known for a week or 10 days that he had decided to scarper because Community Corrections would go to his door, knock and see if he was home, and report that he was complying with the conditions of his parole. But if Community Corrections, after seven days, knocked on his door and there was no answer, they would not immediately say he had breached. They would go back two or three times until, ultimately, 10 days had passed before raising the alarm.
In Mr Kamm’s case, when he cut the bracelet, we knew about it immediately and police were advised within the hour. It was a more effective way of dealing with somebody at large in the community who was under some type of conditional liberty. In Mr Kamm’s case it was parole, but the bracelet does not care whether it is looking after a parolee or a Community Corrections person, or somebody who is on bail. Its sole function is to tell you where they are, whether the bracelet is still being worn and whether they are compliant with the conditions of their bail.
For that reason, this is a good tool to ensure we can keep track of some of the little darlings - as I like to call them - who so often break into our houses and steal our cars, and at least remind them that they have a duty not to do those things, or if they choose to do so, we know where they are and when they do it. If they choose to remove the bracelet we can lift them and bring them back before a court because they are no longer complying with their bail conditions. How good is that? It is another step forward for the CLP government in protecting Territorians and looking after the true welfare of the people of the Northern Territory.
Motion agreed to; bill read a second time.
Mr ELFERINK (Attorney-General and Justice) (by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
MOTION
Note Paper – ‘Ice’ Select Committee Report – Breaking the Ice: Inquiry into ‘ice’ use in the Northern Territory
Continued from 2 December 2015.
Mr BARRETT (Blain): Madam Speaker, I thank again all the members on the committee and the committee staff who worked very hard putting together this report. I encourage government members to read the recommendations and see if we can work together to get those recommendations implemented.
Motion agreed to; paper noted.
MINISTERIAL STATEMENT
Power and Water Corporation Operational Achievements
Power and Water Corporation Operational Achievements
Mr WESTRA van HOLTHE (Essential Services): Madam Speaker, it gives me great pleasure to stand in this House today and provide an update on the great work and many achievements accomplished by the Power and Water Corporation over the past nine months.
In February this year I provided the House with a snapshot of the many projects and plans Power and Water was in the early stages of implementing. These changes were driven by the Country Liberal government and included new policies and increased funding initiatives to deliver improved essential services and better the lives of all Territorians.
One of the greatest challenges to our utilities service provider occurred on Tuesday 6 May 2014 when the Northern Territory parliament passed a bill to separate the Power and Water Corporation into three new government-owned corporations, or GOCs. These are Jacana Energy, Territory Generation and Power and Water Corporation.
Jacana Energy, the new electricity retailer, looks after electricity accounts and customer needs, issues bills and collects payments. Territory Generation, the new power generator, supplies electricity to Jacana Energy; it will also supply any other electricity retailer that may enter the market in the future. The Power and Water Corporation continues to manage the electricity network and remains the water and sewerage service provider.
Within all three arms of the Northern Territory utilities providers there are many exciting projects under way which are designed to make Territorians’ lives better. The system black, which occurred on 12 March 2014, was a catalyst for major change. It was a time of reflection. The Utilities Commission and Power and Water both undertook detailed investigations. AECOM was appointed as the independent project management office within Power and Water to implement the recommendations outlined in system control and the Utilities Commission’s reports into the incident.
AECOM’s scope also included similar system black events across the Northern Territory, dating back to 2010. In total there were 14 reports and 103 recommendations. AECOM closed earlier this year having implemented 98.3% of those recommendations, which is outstanding. The only recommendations remaining are longer-term in nature and relate to the completion of system studies, staff training and asset replacement. This is an outstanding achievement.
This is a magnificent effort by the hard-working and dedicated staff at Power and Water. Their commitment should be applauded. Indeed, the system black crisis of 2014 was a catalyst for Power and Water to commit to a year of opportunity to improve its service to Territorians. What a year of opportunity it was.
Major infrastructure projects and procedural upgrades have been undertaken to increase the reliability and security of the power network. This is in stark contrast to what those opposite did. The Country Liberal government has done more in three years than Labor managed to achieve in over a decade of government. Labor turned a blind eye to the mounting list of ageing and unreliable infrastructure, and ignored improvements to this most vital service for Territorians.
The Country Liberal government is committed to the continual improvement and delivery of safe, reliable and efficient utility services for all Territorians. Capital works investment for 2015-16 will focus on maintenance and repairs, as well as further investment in electricity, water and sewerage infrastructure. Thousands of homes and businesses across the greater Darwin region now have a more secure power supply with the three new 132 kV circuit breakers at Hudson Creek being fully operational. This work completes a $1.4m Power and Water investment into upgraded services. It is the second stage of a long-term plan designed to improve the security and reliability of our power network. This latest work takes the number of upgraded circuit breakers in the program to six, all installed without any power interruptions to customers. This is a testament to Power and Water’s commitment to providing reliable electricity services to its customers.
The next phase of this program, upgrading another three 132 kV circuit breakers, will cost around $3.5m and is on track to be completed by the end of the 2016 Dry Season. Each and every upgrade is an important link to ensure our electricity supply is as reliable as it can be for Territorians.
In addition to the circuit breaker replacement program and the improvements in consistency of electricity supply, Power and Water Corporation has a major substation rebuild program. This is progressing well. There has been significant progress made in increasing the reliability of the Darwin to Katherine electricity network. This complex work requires in-depth analysis of power generation and transmission to create an optimum environment to ensure sustained electricity delivery to customers. Work completed under the partnership between Power and Water’s system control and Territory Generation delivered 278 days free of under-frequency load shed events, a record which the team is now working to beat.
In the past, if generation capacity dropped for any reason the system would struggle to compensate for the dip in electricity supply and initiate an under-frequency load shed, or a power outage, for electricity consumers. Basically, the system was protecting itself. By adjusting the under-frequency parameters as well as making changes to the spinning reserve policy, more resilience has been built into the electricity system. Ultimately, the work will reduce the number and severity of outages across the Darwin/Katherine region, giving Territorians in this region increased confidence in their electricity supply.
Replacement of the original City Zone Substation is nearing completion with the commissioning of the new Darwin Zone Substation. This important work will result in greater capacity for future city growth with increased reliability. Three further zone substation rebuilds are under way, with McMinns due for completion next Dry Season, and Frances Bay and Leanyer Zone Substations substantially complete. Works to complete the Leanyer Zone Substation into the electricity network took place at the end of September and into October.
Running parallel to the Leanyer Zone Substation connection, work to replace the outdoor switchyard with a new indoor switch room at Casuarina Zone Substation began. All major work on the electricity network brings challenges and a chance of power interruptions. This work was no different. However, just as with the 132 kV circuit breaker replacement program, Power and Water’s system control and power networks teams, in partnership with their contractors, worked together seamlessly to ensure contingencies were in place and the work was completed without disruption to customers.
The Tennant Creek substation upgrade works are progressing well and are due for completion in mid-2016. In Alice Springs, a new feeder from the Lovegrove substation to the CBD is well under way with work to be completed shortly.
The investment does not stop there. The Wadeye community now benefits from a new gas-fired power station constructed through Power and Water’s Remote Operations business unit. After three years of planning, construction of this new, efficient power station was recently completed to replace the old diesel generation plant. Building power stations in remote communities brings unique challenges. Distance, the Wet Season cyclones, flooding and the Dry Season’s heat, dust and fires must all be factored into the construction process and time line. Project managers consider issues like coordinating the arrival of barges with the tides to make unloading equipment easier and safer during the Wet Season. Portable buildings arriving by road trains must work around the Wet Season, when access can be cut for months at a time.
Despite all these challenges, and in the aftermath of severe Tropical Cyclones Lam and Nathan, work has progressed well. The testing of the gas generators began at the end of October and full commissioning of the new power station is expected in December this year, so it should be almost there. As a temporary back up while the new power station begins service, the old diesel power plant will remain available throughout the Wet Season.
This is a great news story for the Power and Water Corporation and, most importantly, for the community of Wadeye. Power and Water is now trialling unmanned aerial vehicles, or UAVs, with local business BT Remote Solutions. Power lines need periodic inspection to identify maintenance needs, and across the Northern Territory there are over 10 000 km of lines. Transmission lines are currently inspected using a combination of methods, including ground-based inspection and aerial inspection from helicopters, as well as climbing and elevated work platforms. Each inspection method has limitations related to access, viewing angles or the asset time cost and security system. UAVs can supplement these existing inspection methods and provide more flexibility with the resources available.
The Northern Territory government is driving reform in the energy sector by removing impediments to competition in the generation and retail electricity markets. The establishment of the Interim Northern Territory Electricity Market, or the I-NTEM, which commenced on 27 May 2015, sees that market data is available on the Power and Water website daily, which includes market prices and system load data. The I-NTEM provides a framework to facilitate the wholesale arrangements of electricity between generators and retailers in the electricity market. This aligns the Northern Territory electricity market to other modernised Australian markets. Initially, the I-NTEM will only be in effect in the Darwin to Katherine region.
Living Water Smart: here in the Northern Territory we acknowledge that water is a precious resource, and Power and Water has taken great strides in educating us on how to conserve water. Power and Water’s Living Water Smart program, launched as a part of National Water Week in October 2014, has identified and saved approximately 1766 million litres - I guess that is 1.7-odd billion litres - of water through leakage detection and reduction, improved metering and community behaviour change. This is equivalent to the annual water usage of 4330 average Darwin homes.
The Living Water Smart team’s water efficiency consultation service is kicking major goals. It includes conducting water audits and encouraging water efficient actions in homes and businesses. Water efficiency consultations have been completed for more than 330 residential properties and businesses, including schools, hotels, shopping centres, clubs and industrial enterprises. Leakage and over-irrigation are the main sources of water wastage on customer sites and dwellings. All major Defence, Parks and Wildlife, Arts and Museums, Territory Housing, Education and City of Palmerston facilities are undergoing water efficiency consultations on infrastructure, parks and ovals.
In addition to the water efficiency consultations, Living Water Smart facilitated the first of a series of annual water efficient irrigation workshops in June 2015. The workshops deliver accredited training modules on water efficient irrigation, and are open to all industry participants involved in garden, park and oval irrigation. As of 19 October this year, over 1900 water efficiency rebates have been issued, including almost 500 for irrigation equipment. Many customers have opted for a professional water garden service, using vouchers valued between $100 and $1200. All participating retailers in the rebate scheme are actively promoting public take-up of water efficient services, fittings and irrigation equipment.
Living Water Smart’s promotional ‘WHY?’ campaign in May and June this year successfully widened public knowledge and awareness of water efficiency by starting and promoting public conversations. During the Dry Season, many water efficient heroes and champions uncovered by Living Water Smart have told their stories and shared their knowledge to help others. Helped by the ‘WHY?’ campaign, Living Water Smart completed another successful ‘Swap It’ showerhead exchange campaign in May, bringing the total showerheads exchange to 1100 and resulting in over 20 million litres being saved each year.
Living Water Smart exhibited at the Freds Pass Rural Show and participated in the Tropical Garden Spectacular in May. This was the most successful year for Living Water Smart at the Tropical Garden Spectacular, as the team signed up more than 130 new water efficiency consultations, double that of 2014.
Educating about the importance of conserving water through Living Water Smart is one part of the picture.
The Power and Water Corporation is working to balance demand for water with the capacity of supply to 2030 through the Darwin Region Water Supply Strategy in conjunction with hydro-economic modelling. The strategy covers the capacity and makeup of the current water supply system, forecasts growth and demand, explores existing and proposed initiatives for demand management and future water source options, and includes a program for the development of new water sources. The hydro-economic modelling aspect is considering the current water source options available and applying a triple-bottom-line analysis to determine the best solution in meeting Darwin’s future water demand. Key water source areas are being assessed for large and small communities across the Territory.
The growth and development of the Darwin region has driven a significant degree of planning and construction in infrastructure assets. This work has included the need to augment the water sources, treatment facilities and network to maintain the standards of service. Similarly, development in Palmerston and the Darwin CBD has accelerated the need to improve wastewater collection and treatment facilities. The Darwin region is reliant on a single water supply source, being the Darwin River Dam.
The augmentation work will increase the contribution from the borefield to the region’s water supply from 15% to 20%. Construction of the Howard East Borefield project has commenced and will bring into service four existing bores within the Howard East Borefield. This will build resilience and diversity into our water sources, which is an important step in securing our water supply for the future.
Work continues on the construction of a new four-million-litre elevated tank required to meet growth in Palmerston, with works on schedule for completion in 2016. Palmerston is one of the fastest-growing towns in the Northern Territory. Water is currently supplied to Palmerston from McMinns pump station via the existing three-million-litre elevated tank located in the commercial centre of Palmerston. The existing tank services a population of about 30 500.
Development in Palmerston’s east - that is, Johnston, Zuccoli and Mitchell - is projected to increase the region’s population by 10 000 to 15 000 people in the next five to eight years. The installation of the new water tank will allow Palmerston to be split into two zones, with the lower-lying areas of Palmerston served from the new tank. This will reduce maximum supply pressures in the lower areas, and provide related demand and asset management benefits.
In addition, a staged project is under way to progressively upgrade the sewerage infrastructure in Palmerston’s east. This is needed with the added load on the system from the new suburbs of Johnston, Zuccoli, Mitchell and Holtze, and the 3500-person INPEX construction village at Howard Springs. A funding plan was developed where INPEX contributed to the construction of the trunk sewer for the loads imposed by the construction village.
Power and Water is also delivering a $2.6m upgrade to the water supply headworks infrastructure at Ti Tree and Pmara Jutunta. This project will deliver a new one-million-litre ground level water tank and two new water pump stations. Also, the Adelaide River Water Treatment Plant upgrade, which is an Australian-first biological filtration system to provide for the removal of iron and manganese from the water, is now complete.
Mr Higgins: Hear, hear!
Mr WESTRA van HOLTHE: Yes, I am sure the member for Daly is very pleased to hear about that.
This upgrade will benefit the residents of Adelaide River by providing better-quality drinking water. While the water met Australian Drinking Water Guidelines, the mineral concentrations meant the water was often discoloured, could stain laundry and was unpleasant to taste. The new water treatment plant is currently in its testing phase and due for its official opening very soon.
I move to Power and Water’s new procurement framework, which has reduced red tape through streamlined documents, processes and approvals. This procurement framework incorporates a strong industry focus to deliver a least-cost approach to business. Using a three-year procurement outlook that gives business advance notice of upcoming tenders, it also provides industry with a better understanding of Power and Water’s business. From the introduction of the framework to 31 June 2015, a total of 35 000 purchase orders have been raised, totalling $572m in goods, works and services. These goods, works and services have been sourced from 1531 suppliers with 1051, or 69%, of them from Northern Territory businesses. This is a modest increase of 6% from the previous year, but, importantly, it continues the trend of working with local businesses to increase their participation in a competitive marketplace.
The local development criterion is now part of a broader context making it easier for local businesses to differentiate their offerings, with model questions in tenders designed to help local businesses showcase their strengths. To make it simpler to do business with Power and Water, there is now a central point of contact at Power and Water for industry.
In line with this government’s new increased focus on Indigenous participation, Power and Water ensures projects delivered in the bush are designed to maximise Indigenous involvement.
Some $1.1m has already been saved through improved inventory management. To date, other savings are non-budgetary and include improved service delivery and reduced supplier effort.
Power and Water Corporation’s Indigenous Employment and Career Development Strategy was launched in July this year. The strategy is an integral part of Power and Water’s commitment to encourage Indigenous employment and career development opportunities across the corporation. Power and Water includes Indigenous employment and participation targets in all senior executive contract performance agreements. The corporation is also identifying specific positions to apply special measures for recruiting using the NTPS Indigenous employment audit tool. Power and Water will also partner with the Batchelor Institute of Indigenous Tertiary Education to gain accredited qualifications for Indigenous employees who have gained skills whilst working for the corporation. Power and Water recently entered into a partnership with the Michael Long Learning and Leadership Centre as an integral part of the Indigenous Employment and Career Development Strategy. I have no doubt that with a person as committed and dedicated as Michael Long this program will be an outstanding success in raising employment opportunities and participation rates for Indigenous Territorians. Power and Water is excited to be a partner in this great initiative. The education program provides Power and Water with valuable opportunities to engage with young Indigenous people about where electricity and water comes from in their community and how it gets to their homes, as well as career pathway options for aspiring students.
The Power and Water Corporation welcomes the opportunity to give back to the community in many ways. The corporation’s community partnership program provides valuable opportunities to build meaningful relationships within the community. Power and Water welcomes the chance to collaborate with organisations that offer support to children, youth and their families, and contribute to academic and life success.
Power and Water has always been a supporter of grassroots organisations. Community groups, projects, events and programs that align with the corporation’s values of safety and environment, accountability, commitment to service, communication and respect are supported. Power and Water works with various community groups to identify their needs and how Power and Water can provide assistance to achieve their objectives. One of these key partnerships includes Camp Quality NT. Power and Water has assisted two children with cancer, and their families attend the family camp, which provides a welcome getaway during a difficult time in their lives by allowing them to unwind, have fun and socialise with other families in similar situations.
Power and Water has been working with Foodbank NT to help raise its profile in the community and facilitate the collection of non-perishable food donations. In-kind support is also provided by sharing expertise to develop a promotional campaign, including two television commercials, one for the Christmas campaign and the other a general awareness campaign. Food donations over the last Christmas period increased by 4.5 tonnes, and Power and Water staff volunteers helped pack over 400 Christmas hampers.
Power and Water is also working with HPA Disability Services to help raise their profile in the community and promote their cause. By sharing skills and expertise, Power and Water can help HPA achieve its objectives and provide a safe and secure living and working environment for people with disabilities.
I said earlier that Power and Water has many projects and plans under way in order to meet this government’s new policy initiatives. One of the projects I am especially impressed with, and have already signed up to, is the roll-out of the ‘GO PAPERLESS’ campaign through Australia Post’s MyPost Digital Mailbox in February, and BPAY View in June. These initiatives provide Power and Water customers with further payment options and electronic invoicing. Even in the very early stage of the initiative, nearly 500 customers have signed up to BPAY View and more than 300 to the Australia Post MyPost Digital Mailbox. I encourage all members of the House to get on board now and go paperless.
Power and Water recently conducted a customer satisfaction survey, and I am pleased to say this survey revealed that 85% of residents and 86% of businesses were happy with Power and Water’s level of service. Satisfaction with electricity services has increased significantly, and satisfaction with water supply and quality remains constantly very high. These outstanding results are a tribute to Power and Water’s ongoing commitment to upgrading essential infrastructure and excellence in service delivery.
As you can see, the Power and Water Corporation has achieved a great many things over the past nine months. I am confident I will have many more fantastic initiatives to update the House on in the future.
Although this is not specifically in the statement, I take this opportunity to give my regards to all the staff at Power and Water, particularly those who will be working over the Christmas period through difficult and dangerous times with our Wet Season storms and inclement weather. I hope they all have a very safe and merry Christmas and a happy New Year. Thank you.
Mr Deputy Speaker, I move that the statement be noted.
Ms MANISON (Wanguri): Mr Deputy Speaker, I thank the minister for bring forward this statement on the Power and Water Corporation and how things have been going within the government-owned corporations.
I also thank the hard-working staff at Power and Water. They are the unsung heroes in our community when the storms are in full pelt or when we have flooding down the track. In the most extreme conditions Power and Water workers will be there, doing everything they can to ensure people have a safe supply of power and water and to address those issues. My gosh, they work very hard and are extremely dedicated to their jobs. They do a fantastic job across the Northern Territory, from the line workers to the underground workers. Some of them are in Territory Generation now - the people working in those hot power stations, the water engineers, the Essential Services officers in all the remote communities – and they do a great job. They have a great team of people who work within the corporate offices to support them.
It has been a challenging time for them. There has been a big change with the structural separation. There has also been a huge amount of change within the senior ranks of Power and Water. After the change of government we saw plenty of senior management let go. I do not think there are any senior managers left from before August 2012 to now. We have seen many board members go and we have seen the second Chief Executive and Deputy Chief Executive – or Chief Operating Officer, I am not sure what that position title was, but they are off now and I wish the new Chief Executive the very best going forward.
In the meantime, Ms Djuna Pollard has been working very hard as the Acting Chief Executive. She is a manager who has been around for a long time, so there you go; you have one. She is a very good operator; that is for sure.
There have been some concerns about the structural separation. I note the Treasurer’s Annual Financial Report was tabled in this parliament at the last sittings on the Thursday night. Within the Treasurer’s Annual Financial Statements there is a letter from the Auditor-General regarding the issues around auditing the financial information in the Treasurer’s Annual Financial Report. In that statement, with regard to what they call the public non-financial corporation sector, which includes the Power and Water Corporation, there was a disclaimer of opinion as part of the Auditor-General’s opinion section. Some of the titles include:
- a. Inability to form an opinion - Power and Water Corporation
b. Inadequate books and records maintained - Power and Water Corporation
c. Property, plant and equipment valuation - Power and Water Corporation.
There were some concerning statements in this letter. It also has a disclaimer of opinion. For the record, I will read out these sections of the Treasurer’s Annual Financial Report and the statement section of what the Auditor-General’s letter contained. I put it on the record because I think it is important this is noted in the context of this debate today.
Under the heading in this letter which says:
- Basis for Disclaimer of Opinion
a. Inability to form an opinion - Power and Water Corporation
It reads:
- I have not received financial statements for Power and Water Corporation and its controlled entities that are sufficiently complete to enable me to form an audit opinion on the financial statements of Power and Water Corporation, its controlled entity Indigenous Essential Services Pty Ltd or the consolidated group.
The next heading reads:
- b. Inadequate books and records maintained – Power and Water Corporation
- In February 2014, legislation was introduced in the Northern Territory Parliament to restructure Power and Water Corporation … into three separate corporations being the Power Retail Corporation (Jacana Energy), Power Generation Corporation (Territory Generation) and Power and Water Corporation (retaining residual functions). The restructure was effective from 1 July 2014, however, the core financial applications and underlying infrastructure were not reconfigured until 27 April 2015. This has resulted in numerous errors and unresolved issues in relation to the recording of revenue; trade and other receivables; expenses; trade and other payables; property, plant and equipment; intercompany balances; goods and services tax; and the allocation of transactions between the three entities. I have been unable to confirm or verify these financial statement items by alternate means.
As a result I was unable to determine whether any adjustments to the records of Power and Water Corporation might have been required in respect of these balances, and the corresponding elements making up the comprehensive operating statement, the balance sheet, statement of changes in equity and the cash flow statement for the Public Non-Financial Corporation Sector.
And then section C says:
- c. Property, plant and equipment valuation - Power and Water Corporation
As at 1 July 2014 the Power and Water Corporation changed its accounting policy in relation to the measurement of its property, plant and equipment from historical cost to fair value. The Corporation commissioned independent valuations to provide a fair value which resulted in the value of property, plant and equipment reported in the balance sheet increasing by $2,063,769,000 to $3,992,140,000. The valuations were performed using depreciated optimised replacement cost and have not considered the Corporation’s ability to generate economic benefits by using the assets or by selling them to another market participant.
- In addition, the financial records used to derive the fair value at 1 July 2014 were complex and contained numerous errors, both individually and cumulatively material, with some of these errors remaining unresolved as at the date of this audit report.
- As a result of the above, I am unable to satisfy myself that the amount reported in the balance sheet as at 30 June 2015 attributable to the Corporation accurately represents the fair value of property, plant and equipment and that the amounts for depreciation and asset impairment attributable to the Corporation are accurately reported in the comprehensive operating statement for the year ended 30 June 2015 for the Public Non-Financial Corporation Sector.
Then under the title ‘Disclaimer of Opinion’, it says:
- Because of the significance of the matters described in the Basis for Disclaimer of Opinion paragraphs, I have not been able to obtain sufficient appropriate audit evidence in relation to the financial information attributable to the Corporation to provide a basis for an audit opinion on the balance sheet as at 30 June 2015, the comprehensive operating statement, the statement of changes in equity and the cash flow statement for the year then ended for the Public Non-Financial Corporation Sector.
Accordingly, I do not express an opinion on the Public Non-Financial Corporation Sector component of the Financial Report.
We have seen this letter in the Treasurer’s Annual Financial Report about the financial statements of Power and Water. I note that we have not seen the Power and Water annual report as yet, or the Statements of Corporate Intent for Power and Water Corporation, Jacana Energy and Territory Generation. I hope tonight we will see those documents deemed in this parliament.
It raises questions about the financial management systems within Power and Water, the accuracy of that information and the quality and accuracy of the financial figures flying between those government-owned corporations.
I turn people’s minds back to estimates this year, where questions were asked of the Chair of the Power and Water Corporation Board at the time. I asked how structural separation was going. We know structural separation was meant to be a completed process as of 1 January this year. However, it became very clear when speaking to the Chair of the Power and Water Corporation Board that they were unable to achieve it and there was still more work to do. Many of the problems had resulted from the issues with the financial systems within the Power and Water Corporation and between the new government-owned corporations.
They did not anticipate full structural separation would be achieved until 1 July 2016. I questioned how much structural separation had cost the Power and Water Corporation to date. I will read from the Hansard where the Chair, Mr Tregilgas, said:
- The final estimate for the once off establishment costs of structural separation is in the vicinity of $3.5m. It is $2.1m in 2013-14 and $1.3m in the nine months through to 31 March this year.
This year being 2015:
- That does not include some of the costs we are now expending on financial systems improvements.
I am very keen to hear from the minister when he wraps this statement; I could even hear it from the Treasurer if he has the information at hand. How much has structural separation cost so far?
I reflect on some other items of discussion within estimates this year, which go to the heart of the issue regarding the quality of the financial information and asset information within the Power and Water Corporation in the Statements of Corporate Intent, the annual reports, which we are yet to see, and the Treasurer’s Annual Financial Report.
We asked about the financial management systems and how things have been going. Mr Tregilgas said:
- Yes, it looks like our financial management systems reimplementation process might well cost up to $10m by the time it is completed. At the moment about $7m has been expended to 31 March, and at completion the program will cost $10.5m. These are big and ugly numbers.
We then asked Mr Tregilgas if the total cost of the program would be $10.5m and he yes. I asked him if that included stage two, because he had previously said there would be a stage two. He said they are not yet committed to the second stage so it was not included. I asked him if there was potential to go beyond $10.5m for the financial systems work they were doing, to which he said:
- There is potential for constant improvement and investment in our systems, processes and people.
The statement we just heard from the Minister for Essential Services did not cover any of the issues within the corporation’s financial systems. It did not address the big ugly figure of $10.5m for the financial management system. I am very keen to hear how much structural separation has really cost. Where are the works on the financial management system at right now? How much does that cost? I am keen to see those annual reports and the Statements of Corporate Intent so we can scrutinise those figures. They will be very welcome.
I am looking forward to hearing from the Treasurer. I am sure he will speak since he loves talking about Power and Water. He is very proud of his structural separation. I am very keen to hear his views on the financial information. I would love to hear that I will see those SCIs and annual reports tonight. It would be good because it is the last day of sittings for the year and they are due in. It will be good to see those documents deemed in the parliament tonight.
Overall, the minister delivered a great statement in the sense that it went to the areas of work we do not often hear about within the Power and Water Corporation, like community sponsorships. I loved hearing about Living Water Smart because that is a very important area. We too often take water conservation for granted in the Northern Territory. I will come back to that later.
One part of the speech that did not sit well with me was about infrastructure investment under Labor. I want to bring people’s attention to the budget papers, the expenditure in repairs and maintenance, and the capital works in the Power and Water Corporation over the last few years. We are seeing a worrying decline under this government. Under Labor there was a five-year $1.8bn infrastructure program. In the financial year 2012-13, capital works were sitting at $293m, and repairs and maintenance were at $87m.
We look at 2013-14 and we see the capital works program has stepped down to $217m. The repairs and maintenance have dropped to $78m. We go to the financial year 2014-15 and we see capital works continue to taper down to $195m. Then you look at the repairs and maintenance, which is at $81m. In 2015-16 we are at $194m for capital works, and repairs and maintenance at $88m. If you were to apply indexation and inflation to it you are still under. You are still not putting the money into repairs and maintenance that used to go into those areas. There is a lot of ageing infrastructure. It is important to maintain investment in repairs and maintenance to ensure a better track record and better reliability.
Going to the issue of reliability, I would like to mention a few local issues. I thank the minister’s office; it was good to get a briefing the other day. However, in my patch in Leanyer over the last few months we have had about 11 power outages because we have some pretty major network faults, as I was briefed on. Some areas of Leanyer are fed in through the Berrimah Zone Substation and the joiners on those cables - I am not very good with repairs and maintenance technical stuff - have been blowing up, I have been told. They showed me some pretty impressive photos of the underground cables that have been blowing up. In Leanyer we have been experiencing a lot of blackouts, 11 so far. Hopefully there will not be too many more. As a result, Power and Water has to feed in through the Casuarina Zone Substation. We heard the minister say they are working on Casuarina Zone Substation.
In the build-up all the air conditioners are on. We are all pretty hot and uncomfortable, and that is when the load demand goes through the roof. That is added pressure of extra customers going through the Casuarina Zone Substation. The Leanyer Zone Substation is not fully commissioned yet, but I welcome the fact the Power and Water Corporation and the government will bring forward that work from the middle of next year to early next year. It is not ideal to have these extra loads going through Casuarina.
We have experienced other issues where the Casuarina zone power comes into Berrimah, apparently, and there have been some issues underground there as well. We have had load shedding events in Leanyer. People have been taken off twice during those outages because of the need for load shedding. One of those outages was caused by a bat, so there is not much you can do about that. For the extra money people pay for power and water, we have some full-on reliability issues. Capital works and repairs and maintenance make a difference.
I was glad the minister’s office briefed me and I am glad to hear Power and Water was aware of the problems in the northern suburbs. I have some very nervous constituents concerned about what will happen when the big storms roll in and the rain starts. We are experiencing outages now and people are on edge about what they can expect in the Wet Season. That has been quite a concern.
The other thing I wanted to raise the minister is Muirhead. It the same question I always ask in estimates about Muirhead and the waste stabilisation ponds in Leanyer. We know that Power and Water will not expand those waste stabilisation ponds, even though housing has caught up with the boundaries of those ponds. Muirhead is up against the border of the waste stabilisation ponds site, but the practices have not necessarily caught up with the fact residents are living around that side.
There is a practice where, as part of the maintenance, they de-sludge the ponds. The ponds are emptied and they get all the material out and stack it up. It is a shocking job. We need some commitment because there is a new suburb next to those ponds and the practice of removing the sludge and keeping the content piled up in big hills on-site at Leanyer needs to stop.
It is no longer the place to keep that waste; they need to move around when they de-sludge those ponds. It is time to find a new site and start implementing new management plans around the Leanyer waste stabilisation ponds. Residential development has caught up, and it is time those practices cease. Power and Water needs to be acutely aware of that.
I have some other questions for the minister. I raised questions about the future of system control and the part privatisation of system control, and I am sure the Treasurer will explain it as part of the move to the national regulator and what they will do to clear that up.
This year there has been a lot of discussion about the Remote Operations unit. Remote Operations typically sat within the Power and Water Corporation, and people had heard earlier this year that it would transfer to Local Government and Community Services. Does its future still lie within the Power and Water Corporation? Are those staff staying there? When you hear the same messages going around in circles there tends to be some truth to those matters. It will be interesting to hear what is happening there.
I look forward to seeing the revenue in the annual reports, as well as how much additional money the government has taken out of families’ pockets this year with the 30% increase. Up until the last 5% increase on 1 January this year, the government had managed to get an additional $150m through the 25% power price increase, the 35% water price increase and the 20% sewerage price increase. That was the additional amount of money they were able to get from families. For a large family that was an extra $2300 a year, for a small family around $1000 a year, and for a small business around $9000 extra a year.
The government has spoken very highly about its gas interconnector, the Power and Water excess gas and the plans for that, and what it will mean to the bottom line of the Territory. How much will they get out of that?
One thing I was concerned about when we went down the path of structural separation was what would happen with staff. I remember at the time, during debate, I heard the Treasurer say at times he felt there were a few too many staff and they had a bit too much equipment. But when I looked through the figures from the OCPE website to see where staffing numbers were at, it looks like there are about 100 more staff members at Power and Water and Jacana. I thought the staffing numbers might go into decline, but it looks like there are now more people. I do not know if that has been through duplication of jobs or more resources having to go into other areas because of post-structural separation, but it will be interesting to see how that goes.
I will turn back to the statement where the minister spoke about the Living Water Smart program and the efforts around water conservation. I have been extremely impressed by the work of Power and Water in that regard. Too often people take for granted how precious water is, and I do not think people fully appreciate what happens if we do not have a good Wet Season with plenty of rain. In previous years the people at Power and Water have been on edge about how much water we had. We are the highest water consumers in the nation in the Territory, particularly around Alice Springs and Darwin; we use a huge amount of water.
Mr Wood: Including evaporation.
Ms MANISON: Yes, evaporation is an issue too, which is why, under Labor, work was done to raise the Darwin River Dam to make sure we could get more water in there, maximise the dam’s usage and get as much water out of it as possible. We have also seen other projects, such as water recycling in Alice Springs around the AZRI site. Perhaps the government thought that one water conservation measure, as well as a revenue measure for them, was to raise water prices by 40%.
I congratulate the Living Water Smart team. The campaign they are rolling out around the Territory is fantastic. Anything it can do to raise awareness and get people to change their behaviour when it comes to water consumption is a very positive thing. It should be applauded. Well done to that team; it is doing a terrific job.
As I said earlier, too often people do not see the community support and sponsorship work undertaken by Power and Water. They are very careful with who they choose to partner up with and sponsor because they want maximum benefit for the community. They do a very good job supporting some great organisations. It is great to see when times get a bit tight financially that money is still flowing into those important community groups, because they need it.
It will be interesting to see if the government is doing any work about the feed-in tariffs for solar energy. People raise concerns about this because a solar tariff is currently sitting at one-for-one, and more people are taking that tariff up. Power and Water is working to harness more renewable energy. The more solar power we have the better. We know Power and Water is looking at Tennant Creek and Katherine. I appreciate that is a Territory Generation issue, but having renewable energy in the Northern Territory is positive and we all want to see it.
I thank the minister for presenting this important statement about the Power and Water Corporation. I look forward to seeing those annual reports and Statements of Corporate Intent and I hope to see them tonight. That would be very good. The Treasurer is shaking his head, so I am a bit worried; it does not look like I will see them.
If he is not able to produce the Statements of Corporate Intent and the annual reports this evening in parliament, it will raise more questions about what is happening with their financial systems. It is a very serious issue. It is important for people to have confidence in the financial management and information of the Power and Water Corporation. We are talking about billions of dollars’ worth of assets. It is one of the most asset-rich government-owned corporations of the Northern Territory.
In other jurisdictions conservative governments sell or privatise the utilities which are very asset-rich. We will always keep a very keen eye on this government given it has such great form when selling things, such as TIO and the port. We will continue to ask the questions about whether it will sell any parts of the Power and Water Corporation, Jacana Energy or Territory Generation.
I thank the minister for introducing this statement. I look forward to hearing the Treasurer and his views on how those issues with the finances are going.
Mr WOOD (Nelson): Mr Deputy Speaker, I thank the minister for his report and also take note of what the member for Wanguri said about Power and Water. I refer to the NT News headline, ‘Power Water’s books in muddle’. I will not go into that; I am sure the muddle-headed minister will sort that out.
Mr Tollner: That is offensive.
Mr WOOD: Oh, no, it is not. It is something out of the Toad of Toad Hall.
Yesterday there was an outage in the power station, which I understand was a gas outage. I remember there was a gas outage once before and the Council of Territory Cooperation of this parliament held an inquiry into that gas outage. I am interested to hear if the minister can give us a update on what the problem was in relation to gas at what I presume was the Weddell Power Station. I am interested in the minister’s response to that because in his statement he spoke about the system black and how they sorted things out in the period when things were falling apart. Now we have an outage in relation to something to do with the gas. It would be great to get a report.
The member for Wanguri talked about Living Water Smart, which I think is a great program. Minister for Transport, I hope you do not plant lawn, swamp lilies or sweet potato from one end of Tiger Brennan to the other. If there is a landscape design, it should be Living Water Smart and it should be native plants. If a government is serious about not using water, there is no way it will plant lawn. I went past Tiger Brennan Drive the last few days and they are planting lawn already.
Mr Tollner: It is a wonderful development.
Mr WOOD: I am not knocking the road, thank you very much. I will be very pleased to see the road completed. I am sick of witches hats and 75 variations of speed limits every day. Besides that, it is a good road.
You will landscape it, I presume, otherwise half of it will wash away. I hope the people who are promoting Living Water Smart talk to the department that is planting trees. Plant trees that do not need much water; that is all I am saying.
In relation to the 19 Mile depot, we received an answer from the minister about the electrical maintenance depot. The minister said that currently there are no planned changes. I want to be guaranteed a bit more than the word ‘currently’. I ask the government to guarantee it is not ‘currently’, but that it will stay there. I think you would be crazy to move the electrical workshop to East Arm. It would be so far away. When there is a lightning strike at Acacia Hills and they have to fix a conductor or a transformer, you would hope they do not have to come from East Arm to fix it. I hope the minister will support that electrical substation.
There are other issues, and I thank the minister, who is now the Treasurer. He announced during the budget there would be some money for the Howard Springs Rural Activity Centre. I thought he was a bit of a dill, and I said so, but he clarified that he meant the Howard Springs Accommodation Village. I thought he meant the Howard Springs forestry.
I am glad the sewerage is coming to Howard Springs. By the way, it is more than $3.6m; it is now $11.8m because they are taking it through Coolalinga and Zuccoli. We have had two public meetings, and Power and Water representatives did not turn up.
How do the people who live in Howard Springs know whether they need to connect to the sewerage, and how do they know how much it will cost, because there is a housing development occurring at present?
Mr Tollner: I will get them out there for you, Gerry.
Mr WOOD: Yes, but will people have to connect? The housing will have treatment plants. We need to sort that out. Noonamah Ridge has brought out its EIS. If you read the executive summary you will notice they do not have water and they do not have a sewer. It looks like they will have to build an overhead tank and use bore water.
You would think that if we put a town of 16 000 people, not 11 000 as they say - if you look at the figures for the rural area, we multiply faster than in Darwin - you would put it at Weddell because that is where the sewerage is planned and where the water infrastructure is.
Read the executive summary for Intrapac; they will have to put an overhead tank in for the first 500 dwellings, because Power and Water cannot supply. That is not a surprise because this thing is out in the scrub. It is like building something out the other side of Finke; it is just dopey. Well, not quite that far, but you get the idea. It is not related to anything, except someone owns the block of land.
There is also the issue of the Humpty Doo development. The Minister for Infrastructure would remember that development very well; it went underwater a bit last Wet Season. They cannot connect to infrastructure. It was full of boat houses. I am not sure what is happening to that. The development has come to a dead end. It would be good to hear from the minister, as he will hopefully respond. I am not sure which minister will respond. The Treasurer is also acting in another way as minister for Power and Water, assisting the Minister for Essential Services.
There is a water tower going up on the corner of Lambrick Avenue and the Stuart Highway, and the Chief Minister might look at this.
Mr Chandler: A UFO.
Mr WOOD: No. Why can it not be used for tourism? While in Canada I went to the top of a mountain in Vancouver where there is a wind turbine. A lift goes up the middle of the turbine and at the top there is a bubble. You can step out and have the best view ever.
You are building a tower on the best site for a view in the Darwin region. You will see right across Darwin Harbour, across the rural area and across Darwin city. Why has no one given some thought to putting a lift in the water tower and making it a viewing platform? It is on the Stuart Highway where all the tourists go past. Tell me one place you can get a view of Darwin, unless you have the rights to some of the high-rise units which are mostly private, or if you visit the Chief Minister’s floor in NT House. If you cannot do that, there are not many places people can get a good view of Darwin Harbour.
It is not too late for the Department of Infrastructure to look at whether it can use that tower as a viewing platform, perhaps with a restaurant at the bottom. I would prefer a restaurant at the top but they will not do that. You could use it as a tourist attraction. You cannot miss it. It will look like a big space station when it is built. Why can you not double up on the use of that infrastructure? I am not sure why we cannot be a bit more proactive in that way. It would be good for the tourist industry and for locals. When people visit they could take them there and they would get a good view of Darwin Harbour. It would be fantastic.
I have a few questions about the new bores at the Howard East Borefield. The government released some detailed descriptions of the bores in a pamphlet, but unfortunately that pamphlet did not go to all the people in the area. A number of people are concerned the extra four bores Power and Water are planning to pump will affect their domestic bores. I do not think that has happened; it is more a fear of it happening, but I am happy to give this information to the people in Herbert – which is now part of my electorate – to let them know.
I thank the minister for his statement. I hope he takes on board some of the ideas that we do not plant sweet potato from Queensland, swamp lilies from Queensland, ixoras from Queensland or any other thirsty plants down Tiger Brennan Drive. In the first stage of Tiger Brennan Drive at Palmerston we planted natives. Some of those plants, unfortunately, did not come up in some sections and needed to be replanted, but that is low maintenance, low cost for water and it makes the highway look fantastic. You think you are driving through the bush.
Some people want to turn us into Singapore. Singapore is on the equator and does not have a Dry Season. We are slightly different and need to make sure that we plant native trees. That would be a sensible thing if you believe in being water smart.
Treasurer, last time we spoke on this issue you said it would be a great idea to do something with the water tower at Palmerston, but nothing has happened. Could you look at doing something with it?
Mr Tollner: A revolving restaurant on the top.
Mr WOOD: Yes, that is a great idea. If you cannot do that, at least put a viewing platform on top and a restaurant at the bottom. You have an opportunity to use some infrastructure for two good things. One is for supplying water, and the other is, as the member for Daly would like, increasing tourism. Thank you.
Mr McCARTHY (Barkly): Mr Deputy Speaker, I want to contribute to this debate because it would be remiss of me to leave this House on the last day of the 2015 parliamentary year with a minister that brings, in good faith, a good statement to the House, but lays down all the political mistruths.
For the constituents of Barkly, the department supplies all the accurate information and then it gets contaminated politically. I am disappointed in any minister who reads it. I had a very good system when I was privileged to be a minister. When handed speeches to read out, I had a system where I would look a couple of lines ahead. When I saw that political contamination that I felt was not correct, I used to skip it. This minister chose to use it.
Let me make a couple of comments on one of the most comprehensive and important reports over three decades in the Territory regarding Power and Water. That was the Reeves report. I have said in this House many times, I like people I learn from. I remember Andrew Reeves and his reports to Cabinet. It provided the road map for the development of the essential services of power, water and sewerage for the Northern Territory into the future, which is exactly what this government and this minister, who brought the statement to the House, are using. You give credit where credit is due.
The Reeves report also reflected on 30 years of underfunding. It was the facts. Everybody had to cop their fair share of criticism and it has been discussed in this place many times. There were 27 years under the CLP. That equated to about three years, in my reckoning, under the ALP; however, we will take six years because, at the time the Reeves report was introduced, Labor was in its third term of government.
That is the reality and the truth. It is what was facing any government in the Northern Territory that required significant borrowings. As has been mentioned by the Territory opposition’s spokesperson, there was a sum of $1.8bn borrowed to address what the Reeves report outlined as critically necessary, as well as new infrastructure to support the growth of the Northern Territory into the future. That addresses the political contamination the minister read out. That amount, $1.8bn, is what the current government is spending, and I congratulate it for that because it was needed to keep the delivery of essential services of power, water and sewerage up with the growth of the Northern Territory.
We can relate to a very significant event at that time, which was the complete meltdown of the Casuarina substation, where important Power and Water workers were injured. That was a major disaster. The power outages that occurred after the disaster were significant, and it provided the marker for the urgency around these assets, critical infrastructure and what government had to do.
The CLP, in government, experienced its own infrastructure failing and outages, which drove home how important the Reeves report and the borrowings were, as well as the work that is under way, and significant economic stimulus work in the Territory’s essential services.
The other part of the statement to this House was good, and it is great to hear and learn when it is the truth and is meaningful. There is considerable work occurring at the Tennant Creek Power Station, which was scheduled and budgeted for under the previous government. That is great to see because one element of that work is replacing much of the transmission switching and infrastructure, which is over 30 years old in Tennant Creek. It is a considerable project and will be a major economic stimulus to the town while this project is under way. They are moving new gas turbines in, but it had to be complemented by the latest technology in the switching and transmission systems. It directly reflects what the Reeves report said about ageing and failing infrastructure in all components of service delivery.
I will also comment on the Power and Water Corporation, Territory Generation and Jacana Energy staff who work in the bush. It relates to the Power and Water Corporation and the delivery of essential services to the bush. Often this place is very urban-oriented and we very rarely leave the suburbs. As I said the other day, when you see the fading of the street lights of Darwin as you go into the length and breadth of the Northern Territory, it is important to acknowledge all those people in the regions and remote areas who are working to deliver services, because it adds a new layer of complexity. It is not easy working in the bush, but there are some amazing projects going on which are not just about maintenance, but new capital works as well.
I also thank the Power and Water Corporation, Territory Generation and Jacana Energy for the excellent briefings provided to the Committee on the Northern Territory’s Energy Future. That is a great committee. It is a sessional committee of the parliament which is collecting incredible evidence that will inform government into the future. As a member of that committee, it has been very enjoyable and a great learning exercise, especially when the Power and Water Corporation, Jacana Energy and Territory Generation have appeared to brief the committee and supply valuable information. That relates to their push into the renewable energy sector, which is now of global importance.
It is great to see, hear and understand the initiatives these corporations and companies work through, which is essentially paralleling what is happening in Australia and across the globe. Northern Territorians are being educated and made aware of energy efficiency, water saving and renewable aspects of the essential services that are available, as well as those those being developed, which will add to our shared future.
In a larger-scale example, I compliment the Power and Water Corporation and its planned solar development in Tennant Creek. It is planning a significant solar farm there. Tennant Creek’s geography is identified as being one of the best solar corridors on the great island of Australia. It is commendable that the Power and Water Corporation is investing in this technology and is very keen on this project. We hope to see it start in the new year. It will be a great research and development project for the Northern Territory because they will be learning valuable lessons and collecting very valuable data, as well as subsidising power into that grid, which is pure renewable energy. I thank them for that and I am looking forward to that project.
My colleague, the spokesperson for this area, also talked about the Power and Water Corporation’s community support programs. Once again, after having a number of briefings about this solar project in Tennant Creek, part of that story is about the Power and Water Corporation looking at some community organisations and the possibility of supporting the Tennant Creek town community. It is very pragmatic and it is great to hear these corporations will get down to a grassroots level and identify its significant plant and equipment, and professional contractors. They will have serious capacity onsite in a regional town, so why not use those efficiencies to deliver some community projects?
I thank the Power and Water Corporation for the opportunity to make comment about what I thought would be priorities in our town and our community. We are looking forward to working together.
I will conclude on a bit of a wild card for the Treasurer, who likes stories from the bush. We heard last night he is definitely a bushie, born and bred in the bush, and he brings those incredible stories to this House.
The Power and Water Corporation was the major sponsor of the Barkly Campdraft and Rodeo, and the youth rodeo training school. When I secured that sponsorship, they were extremely nervous. They had never gone down this path.
The Barkly Goldrush Campdraft Challenge and Barkly May Day Muster, which are partnered major events, delivered that youth rodeo training school. It was the day after the rodeo so it was hard work. Our committee and volunteers had worked for months to put the show together and then had to back up. Working with kids and young people was high-risk business, but we did it very professionally and it worked well. I am disappointed it is not on the current program, but maybe one of these days we might get it back, because there are plenty of keen people.
I thank the Power and Water Corporation. You took a big risk and you were very uncomfortable, but when you came and saw what we were doing as well as the youth involved, you became a very confident and proud sponsor of that event, and that goes to all the events that you sponsor across the Northern Territory.
Thank you, minister, for the opportunity to talk about the positives and listen to the news and plans for such a critical area of the Northern Territory’s development.
Mr TOLLNER (Treasurer): Mr Deputy Speaker, I will not be thrilling you with bull-riding stories or stories of the bush today. I commend the Minister for Essential Services for bringing this statement to the House, as I commend everybody who has spoken today.
I am thrilled that all members of parliament seem to be getting their heads around the idea of structural separation. It has been a learning experience for us all. When I first became the minister of Power and Water Corporation some three years ago, my history in the federal parliament working with the ACCC and others meant I probably came at this from a different angle than other members of parliament.
I was amazed at the lack of understanding of what structural separation and the competition policy reforms of COAG were about. I recall the member for Nelson in Question Time asking me to explain structural separation and whether it had occurred anywhere else in Australia. I remember thinking, ‘My God, we live in a bit of a bubble here in the Northern Territory’.
I do not blame anybody for their ignorance of what structural separation is about. I commend everybody in this place, especially the member for Wanguri, who has grown into that shadow portfolio. There is a lot of stuff I intend to shoot her down on, but I commend her because she has grasped it. She understands the policy direction and why we are doing it. She may well have some issues with the way we are going about it, but I think she is fully across what those national competition reforms were about 20 years ago. The Northern Territory is the last jurisdiction in Australia, and probably one of the last in the world, to put in place a utility market reform and separate out its monopoly government-owned corporations.
It is worthwhile considering the history of the PWC in the Northern Territory. The fact the Auditor-General has not signed off on the Power and Water numbers should not come as a surprise to anybody. The warning signs have been there for over a decade.
The rest of Australia recognised almost 20 years ago that in order to have better transparency and accountability we needed to structurally separate and push for more utility marketization – if that is even a word – to create utility markets.
Looking at the way Power and Water has been handled over the last 10 years or so, there is certainly no failure within PWC. I commend the staff at the Power and Water Corporation for the excellent job they do in keeping the lights on, the water flowing and sewerage systems working.
There had been a failure in government policy. Not too long ago I was having a chat with the former Chief Minister, Shane Stone, who at the time was the Chair of Energex in Queensland. He called me up and said, ‘Mate, what you are doing with the Power and Water Corporation is the right thing. You are taking it in the right direction. It is one of the most complex and difficult businesses I have ever been involved in, but what you are doing is certainly heading in the right direction.’
He said, ‘If I had my time again as Chief Minister of the Northern Territory we would have done exactly what you are doing now. Our problem was that Power and Water was out of sight, out of mind and it was not something we really focused on.’
When Labor came to government in 2001, the previous government copped a severe belting because it tried to keep competitors out of the Northern Territory, and they were fined in court for about $60m for trying to limit market competition. That is when the Martin Labor government made the reform to change the Power and Water Authority to the Power and Water Corporation; it was the first tentative step to market reform.
Things got too difficult because it is a big, deep and complex issue to deal with. We have seen in the last 10 to 14 years or so this build-up of problems. The Attorney-General reminds me this is not the first time the Auditor-General has made a qualified report in relation to the Power and Water Corporation; they happened in the last 10 years of Labor government.
The member for Wanguri talked about the cost of structural separation and the chair, Mr Alan Tregilgas, responding by saying it is around $3.5m. She says that does not take into account the issue with the financial management system. We have known the financial management system of the Power and Water Corporation has had its problems for some time. When we made the decision to structurally separate the Power and Water Corporation, we did so for a number of reasons.
We knew the financial management system was under stress. We also knew the previous Labor government tried to implement an asset management system that was budgeted to cost around $5m. By 2011 the cost of that system had ballooned to almost $60m, and we are still dealing with problems in that system now, let alone the problems we have in the financial management system.
We knew it was a significant issue because Moody’s put the Northern Territory government on a negative outlook, primarily based around concerns with the nature of the Power and Water Corporation, so we always knew it was a can of worms. What I did, for better or worse, was rip the lid off that can of worms. I remember saying to Mr Tregilgas, ‘I have opened a can of worms and now I have a table covered in worms’. He said, ‘Yes, we know there are worms everywhere. There is no putting them back in the can; you actively have to deal with all those problems.’
The structural separation of the Power and Water Corporation is already working in relation to its transparency and accountability. We know the problems that we have. We have a financial management system that clearly does not work. It calls into question enormous amounts of things that happened over the last 10 years within that organisation.
Structural separation is not an easy task. It is a big, complex beast. As the member for Wanguri said, it is the most valuable asset the Northern Territory government owns, and Territorians absolutely value it.
We made the decision to structurally separate the Power and Water Corporation, first, because we, as a government, agreed with the COAG policy around competition, so we knew we had an obligation to do it at some stage anyhow. Second, we wanted to create more accountability and transparency in those various business arms within the corporation. Third, and just as importantly, we wanted to bring competition into the Northern Territory utilities sector so it was not always left to government and the taxpayer to fund new infrastructure, new investments and the like.
It is interesting that Labor keeps talking about how we are getting ready to sell PWC. It is not possible. I know it sounds good politically to run around fear mongering and all of that, saying, ‘Look, the government sold the port and TIO, so we know Power and Water is next’. It is not possible because we have not done the structural separation and the businesses are not running efficiently yet. There is a range of reasons why it is just not possible to sell the Power and Water Corporation.
If I had a crystal ball I could look into the future. I would suggest it will probably be two or three government terms before any of these assets are in a state where they could be sold, if that was the will of some future government. But the suggestion that we are setting it up now to be sold is complete nonsense.
We have pulled together a business and we have Territory Generation operating much more efficiently than it did. Some months ago I announced that the wholesale electricity price has massively fallen from somewhere around $180/MWh to $135/MWh or $140/MWh, off the top of my head.
We have seen massive efficiency improvements in T-Gen, which also has a fully signed-off report because it is now an isolated entity. It is a lot easier to value and understand the assets and the financials of a separated entity. Similarly with Jacana, we are getting a very clear picture of what its costs are and how its operations work. But there are still enormous problems left in PWC that have been there for years; we just did not recognise them while it was a vertically and horizontally integrated company, a monopoly. It was easily covered up. But, separating it out, we are seeing more.
There will be more separations into the future. Water and sewerage will be separated. Indigenous Essential Services will be separated. Accounting separations between these business arms are currently occurring so these organisations will be ready for separation at some stage down the track. We need robust financial management systems in place in order to do that.
There has been a lot of talk about solar from members. Yes, we want solar. We want to cut down on greenhouse emissions, but the most important priority for Territorians and government is to reduce the cost of electricity. We have around 240 000 people living on 1.3 million square kilometres of this Earth. We could quadruple our emissions tomorrow and not make one jot of difference to global warming. As a jurisdiction we are not big emitters.
Our number one priority is the cost of doing business in the Northern Territory. Living in remote communities of the Northern Territory is incredibly expensive, so we are bringing in solar projects to reduce those costs. I have told the Power and Water Corporation that all these solar projects must produce lower tariffs, but they must not reduce reliability in remote areas. I said as a spin-off we have an obligation to use local people so we build depth into the renewable energy market. That is important. There is no point building renewable energy around the Northern Territory if we do not have the people on the ground who can maintain and repair that technology.
Member for Nelson, yes, I love the idea of a rotating restaurant on top of the Palmerston water tower; that would be great. We can push Power and Water again. Ultimately, it should be, and I want it to be, a commercial decision. I want it to be lean, mean, efficient and ready to provide the lowest-cost power with the highest reliability for Territorians. I do not know if putting a revolving restaurant on a water tank will achieve that, but I am happy to raise it.
I thank everyone who has spoken on this topic. I acknowledge that people are grappling with and getting their heads around this issue of structural separation and market reform that is taking place. I enjoy listening to the member for Wanguri; she has done a great job understanding this. She has a long way to go, but she has done a great job.
Motion agreed to; statement noted.
TABLED PAPER
Report of Committee on the Northern Territory’s Energy Future – Electricity Pricing Options
Report of Committee on the Northern Territory’s Energy Future – Electricity Pricing Options
Mr HIGGINS (Sport and Recreation): Mr Deputy Speaker, it is a shame I have to table a report that relates to electricity, but I will give the abridged version so nobody gets bored.
I want to table the Committee on the Northern Territory’s Energy Future’s report into Electricity Pricing Options. The committee’s preliminary inquiry found that the security of the Northern Territory’s energy future is not simply a matter of ensuring access to a reliable fuel source; rather it is contingent upon the development of an electricity market characterised by efficient participation of both the supply and demand sides, with the capacity to adapt to change in load profiles, and deliver the most cost-effective access to energy by all Territorians.
As this is the first committee report to be tabled under the new standing orders, I look forward to the government’s response to the committee’s recommendations, pursuant to Standing Order 201.
On behalf of the committee, I thank those who provided submissions and attended hearings and briefings. In particular the committee thanks the Power and Water Corporation, Jacana Energy and Territory Generation for their willingness to provide the committee with background briefings on various issues of interest to the committee.
I also thank my fellow committee members for their work on the committee.
MOTION
Print Paper – Report of Committee on the Northern Territory’s Energy Future – Electricity Pricing Options
Mr HIGGINS (Sport and Recreation): Mr Deputy
Speaker, I move that the paper be printed.
Motion agreed to; paper printed.
TABLED PAPER
Treasurer’s 2015-16 Mid-Year Report
Treasurer’s 2015-16 Mid-Year Report
Mr TOLLNER (Treasurer): Mr Deputy Speaker, I present the 2015-16 Mid-Year Report, which provides updated information on the Territory’s economic and fiscal outlook.
The April 2015 budget was developed in accordance with the Territory government’s fiscal strategy, and focused on improving the Territory’s finances by returning the budget to surplus by 2017-18 and reducing the Territory’s debt burden. The mid-year report is consistent with these objectives and highlights a further reduction in net debt compared to estimates in April this year.
While a small deficit is now projected in 2017-18, largely as a result of non-policy changes in revenues, net debt is projected to peak at $2bn and be lower than when we took office in August 2012.
This is an astounding achievement when compared to the forecast debt levels of $5.5bn under Labor.
The key elements of the fiscal outlook presented in the mid-year report are:
a general government operating surplus of $268m in 2015-16 and remaining in a surplus position for all years
a non-financial public sector fiscal balance deficit of $274m in 2015-16, with reducing deficits projected over the forward estimates period
net debt of around $2bn
The 2015-16 Mid-Year Report includes an update on the Territory’s economic outlook. Last year the Territory economy grew at a faster rate than Australia and all other OECD nations. Building on positive growth over the past few years, Territory economic growth strengthened to 10.5% in 2014-15. This was by far the highest growth rate in the nation and the strongest result for the Territory since 1998-99.
The 10.5% growth in GSP for 2014-15 was driven primarily by increases in private sector investment, public investment and household consumption.
Private investment was the largest contributor to this outstanding result, increasing by 16.1% to $13.7bn. This primarily reflects a 28.5% increase in machinery and equipment and a 20.8% increase in private construction activity. The majority of this investment is associated with work on major projects.
Public sector investment also made a significant contribution, growing by 23.4% to $1.7bn. The Territory government’s infrastructure program represents a substantive portion of these outlays. The outlook is for the Territory economy to remain, on average, the strongest performing economy in the nation over forward estimates, albeit at a lower rate than the extraordinary growth of 2014-15.
In addition to the economic growth outcome, the Territory’s unemployment rate averaged just 4.2% in 2014-15, which was 0.2 percentage points lower than the previous year. The Territory continues to have the lowest unemployment and highest participation rates of the jurisdictions. Construction work in the Territory continues to be at record levels, increasing by 90% in 2014-15 to $9.5bn.
There were over 1800 residential dwelling building approvals in 2014-15. Under this government, approvals have averaged over 2000 per year. In the 10 years under Labor, the number of annual dwelling approvals never averaged more than 1400.
The tourism market continues to recover, with nearly 290 000 international visitors to the Territory in 2014-15. This was an increase of 7.3% compared to the previous year, and the largest number of international visitors since 2010-11.
The number of overseas live cattle exports from the Territory rose by 9.8% in 2014-15 to a record 330 000. In addition, the opening of the abattoir in Livingstone means there is now increased capability to produce boxed beef for expanding international markets. Despite the positive economic growth, we are beginning to confront challenges as the investment phase of the resource boom recedes and our economy transitions to the production and export phase of the resource cycle.
The Giles government is preparing for the Territory’s economy transition by providing a supportive environment for investment to encourage northern development. Examples of the government’s private investment strategies in action include:
the establishment of the Northern Territory Infrastructure Development Fund, an independent investment fund that aims to create a self-sustaining pool of capital to be invested in economic infrastructure
Jemena’s commitment to the construction of the North East Gas Interconnector Pipeline, linking the Territory to the eastern gas markets
We are also delivering real reductions in the cost of living for Territorians. Inflation has been moderating since December 2013 and this government is continuing to support Territorians with the announcement of the 5% reduction in regulated retail electricity tariffs, an estimated average fall of electricity prices of $155 for Territory families in 2016.
The Giles government is also continuing to place downward pressure on house purchase prices and rent through its land release strategy, combined with support for new dwelling investment through the First Home Owner Grant. In addition, fuel prices have decreased by nearly 30c per litre over the past year following action undertaken by this government, including the NT Fuel Price Summit in October 2014. This has saved Territory motorists at the bowser and alleviated costs to business.
Last week the Australian Competition and Consumer Commission released its report on the Darwin petrol market, confirming there were higher retail prices on Labor’s watch due to a lack of price discounting and a concentration of supply, leading to an environment of high profits for some retailers. Conversely, the Country Liberal government will continue to look at ways to ensure Territorians are getting the best price at the bowser. We are proud of our economic achievements so far.
I now return to the fiscal outlook. Since the April 2015 budget there have been a number of significant changes, which are reflected in the updated budget projections, the first of which is the effect of the 2014-15 outcome, with a fiscal surplus of $286m, which in isolation has resulted in an improvement in excess of $200m on the net debt position projected in April this year. In addition, net debt in 2015-16 has been further reduced as a result of the long-term lease of the Darwin port. The transaction included up front proceeds of $506m for the lease of the Darwin port land, including the Marine Supply Base at Fort Hill Wharf, for a period of 99 years.
Due to the nature of the transaction, the sale proceeds, in accordance with accounting rules, only have a minimal effect on the Territory’s fiscal balance. However, it results in a material improvement in the Territory’s net debt position. The updated fiscal projections also incorporate the change in timing of Commonwealth-tied revenues, including the following: an up-front payment of an additional $134m in 2015-16, which is related to the delivery of municipal and essential services in remote communities in lieu of annual funding over the next seven years; the carryover of Commonwealth expenditure from 2014-15; lower taxation revenue estimates, which are related to residential stamp duty collections; higher mining royalty estimates based on the latest advice from miners; and some new government spending decisions since April 2015.
The result is a projected fiscal balance deficit of $274m, which is $11m lower when compared to the 2015-16 budget. Increases in Commonwealth revenue have more than offset the carryover of expenditure from 2014-15 and new decisions made since the budget.
From 2015-16 there is a worsening in the fiscal balance position by around $36m in each year over the forward estimates. This is due to lower stamp duty transactions as a result of the softening in the property market, the bringing forward of Commonwealth revenue in 2015-16, new spending decisions and some small increases in net capital acquisitions. These changes have resulted in the April 2015 projected surpluses for 2017-18 and 2018-19 now being small deficits of $27m and $1m respectively.
The non-policy changes affecting the 2017-18 fiscal balance total $25.8m and, as highlighted by the updated projections in the mid-year report, these minor non-policy variations demonstrate the difficulty in maintaining small surpluses over the forward estimates. Despite this, the strength of the Territory’s fiscal position is highlighted by the operating balance remaining in surplus in all years, and the significant improvement in the Territory’s net debt position since April 2015.
Net debt is projected to decrease in 2015-16 by $724m from that expected in the 2015-16 budget, and is now projected to be under $2bn by 2018-19 compared to the budget estimate of $2.6bn. The net debt-to-revenue ratio is expected to peak at 41% in 2015-16 before reducing to 30% over the forward years. For 2015-16 this represents a 12 percentage point improvement on that predicted in the April budget, and over the forward years it is less than one-third of the 98% predicted by Labor.
While not affecting the fiscal outcome, the mid-year report also incorporated this government’s decision to reduce regulated retail electricity tariffs by 5% from 1 January 2016, funded from operational efficiencies in the Territory government-owned corporations following structural separation. These lower prices would not have been possible without the ongoing regulatory and structural reform that is driving efficiencies in the supply of electricity in the Territory.
In conclusion, the Territory’s economy continues to go from strength to strength, a direct result of the Giles government’s commitment to economic development in the Territory. We are also delivering these economic outcomes while continuing to fix Labor’s financial mess, drive down the cost of living and move the budget towards our target of achieving a fiscal surplus in 2017-18.
Mr Deputy Speaker, I table the 2015-16 Mid-Year Report and commend it to the House.
PERSONAL EXPLANATION
Member for Stuart
Member for Stuart
Mrs PRICE (Local Government and Community Services)(by leave): Mr Deputy Speaker, I wish to explain the use of my first language yesterday in the Chamber. I naturally defaulted to using my first language. Whilst I do not apologise for using my first language, I wish to interpret what I said and withdraw.
[Editor’s note: Member speaking in Language]
This says ‘Hear yourself; we always, every time, hear you talking’. It is interpreted as, ‘We always hear you talking all the time’. That is what I said, Mr Deputy Speaker, and I withdraw.
TABLED PAPER
Subordinate Legislation and Publications Committee Report of Ministerial Correspondence on Subordinate Legislation and Publications
Subordinate Legislation and Publications Committee Report of Ministerial Correspondence on Subordinate Legislation and Publications
Mr BARRETT (Blain): Mr Deputy Speaker, I table the Subordinate Legislation and Publication Committee’s Report of Ministerial Correspondence on Subordinate Legislation and Publications for 2015.
Rules, regulations and by-laws affect people in their day-to-day lives. It is therefore important that the Assembly maintains a sufficient level of public scrutiny to ensure they keep within the purpose and intentions of the laws under which they are are made and not unduly affect people’s rights.
Since the committee last reported in November 2014 it has examined 32 pieces of subordinate legislation. As part of that scrutiny the committee sought the advice of its independent legal counsel, Professor Ned Aughterson.
The committee subsequently wrote to responsible ministers regarding concerns it had with 11 regulations. This report places those letters on the public record and allows interested persons to see the clarifications regarding the intended operation of the regulations or undertakings to correct any errors, as provided by ministers.
During the current reporting period, I note the committee determined that regulation 4N(2) of the Motor Accident (Compensation) Amendment Regulations ought to be disallowed on the grounds that it went beyond power conferred by its enabling legislation. In accordance with its terms of reference, the committee reported this matter to the Assembly and it was the subject of a separate report tabled previously.
In addition to its examination of subordinate legislation, the committee was also responsible for monitoring the statutory reporting requirements of government entities. For example, under the Public Sector Employment and Management Act and the Financial Management Act, all Northern Territory government departments are required to present annual reports and audited financial statements to the appropriate minister for tabling in the Assembly.
Independent officers such as the Auditor-General, Ombudsman and Information Commissioner, statutory authorities, government-owned corporations and a number of other regulatory bodies are also required to submit annual reports, audited financial statements and inquiry reports to the Speaker or relevant minister for tabling pursuant to their respective enabling legislation. The committee currently monitors the statutory reporting requirements of approximately 100 entities. It is pleasing to note that during the current reporting the committee did not identify any breaches in compliance.
On behalf of the committee, I thank ministers for their responses to the committee’s queries. I also acknowledge the significant contribution made by Professor Aughterson and thank him for his diligence in advising the committee. I also acknowledge the efforts and bipartisan approach of committee members in seeking to ensure a high standard of rules and regulations in the Northern Territory, and compliance with legislative reporting requirements.
MOTION
Print Paper – Subordinate Legislation and Publications Committee Report of Ministerial Correspondence on Subordinate Legislation and Publications
Print Paper – Subordinate Legislation and Publications Committee Report of Ministerial Correspondence on Subordinate Legislation and Publications
Mr BARRETT (Blain): Mr Deputy Speaker, I move that the paper be printed.
Motion agreed to; paper printed.
TABLED PAPERS
Travel Reports for Members for Karama and Wanguri
Travel Reports for Members for Karama and Wanguri
Mr DEPUTY SPEAKER: Honourable members, I table travel reports from the members for Wanguri and Karama, pursuant to clause 4.12 of the RTD.
ADJOURNMENT
Mr ELFERINK (Leader of Government Business): Mr Deputy Speaker, I move that the Assembly do now adjourn.
I wish to place on the record my thanks to my staff, particularly my Chief of Staff, Julian Swinstead, who will soon be moving on. Jana Tumuls, thank you very much for your service in the Attorney-General adviser’s role; I expect big things from you going forward.
I also place on the record my thanks to Cheryl Schmidt, my Child Protection adviser; Craig Jones, my Corrections adviser; and Ms Monique Gale, who I thank very much for her work as the Health adviser - a very tough role. She is returning to New Zealand, where she will continue to be insufferable about the All Blacks winning the World Cup amongst her own kind.
I also very much thank Linda Heidstra, my personal assistant, without whom my life would be a mass of confusion.
I also place on the record my thanks to Ms Tam-Perez, who keeps the mountains of files moving in and out of my office all the time.
I also thank the various DLOs who have come through the office over recent times. I choose not to name them because they work in an effectively anonymous role, simply learning what parliament is about as part of their professional development. I would hate to have somebody misconstrue my wishing them my thanks as being some sort of politically tainted observation, which it is not. I am always careful to make sure the DLOs that come through my office are as separate as they can be from the political environment.
I also place on the record my thanks to the Clerk and all his staff, including the guys in the Table Office - people who have been here as long as I have been here, particularly Steve Stokes. I thank them for their service to the people of the Northern Territory.
I know you are listening, you guys in Hansard, so I also thank you for taking my almost incomprehensible mutterings and turning them into some form of English.
I thank all of the members in this place and wish you all a safe and Merry Christmas.
Finally, I place on the records my thanks and my love to my wife and two ratbag children, whom, once I have finished speaking in about two seconds’ time, I am going home to, grateful for another year passed.
As I look forward to moving into the future after August next year, the life journey we have enjoyed will be continued and embraced with passion and love, and we will have a bloody great time. Thank you.
Mr HIGGINS (Daly): Mr Deputy Speaker, I wish to highlight some great work and recognise some of our sport and arts achievers.
At the recent Screen Producers Australia Awards, local film makers Rachel Clements and Trisha Morton-Thomas of Brindle Films won Breakthrough Business of the Year, while Alex Kelly and Timothy Parish were awarded Ones to Watch Kickstart.
Meanwhile Tanith Glynn-Maloney was selected to participate in the Indigenous Producers Initiative with Screen Australia, and Tanith was also a finalist at the awards as a producer of the short film, Nulla Nulla. Tanith and Dylan River this week collected an Australian Academy of Cinema and Television Arts Award for the best short fiction film for Nulla Nulla.
These awards and accolades are well-deserved and prove, yet again, that our our screen industry, while small, is dynamic and punching above its weight. The Northern Territory government is proud to support the screen industry through the Screen Territory Grants Program, which aims to stimulate the industry, professional development and screen production. Congratulations to all our local filmmakers for their wonderful work in putting the NT on the map in this new industry.
Not to be outdone, it is great to see Rosario Martinez, from City of Darwin, recently being awarded the Dromkeen Librarian’s Award. This prestigious national award recognises library service to young people. Under Rosario’s guidance, the Babes ‘n’ Books story time programs attracted more than 27 000 parents and children this year. Congratulations to the City of Darwin Libraries and Rosario on the award.
Onto sport, I was delighted to recently recognise a trio of young Territory athletes who have each demonstrated determination in the face of adversity. This was at the NT Institute of Sport. Rugby league player Nicolas Edwards, triathlete Matt Ellison and hockey player Jacqueline Graf were all recognised in the NT Institute of Sport Carbine Club Young Personal Excellence Awards. These impressive young Territorians were awarded not only for their sporting prowess, but for their resilience and determination to succeed. They are each inspirational and deserve this recognition.
Also worthy of recognition are the Pumper Jumpers. This group of enthusiastic skippers, led by teacher Kim Rowe, came away from the Australian National Skipping Championships with a swag of medals in 18 categories, and five of their skippers qualified for the world championships to be held in Sweden next year. I am sure members here will join me in congratulating them on this great achievement.
Speaking of sporting achievements, this leads me into spruiking nominations for the 2016 Northern Territory Sports Awards, which the Deputy Speaker knows will be in Alice Springs next year. The nominations period opened this week and runs until 29 January. I hope Territorians get behind their leading lights and nominate them for one of the categories.
This is a celebration to recognise those who go above and beyond their field of sporting endeavours, and I urge everyone to go online, look at the categories and put forward a nomination. It will be great again next year, but a bonus it that the awards will be held in Alice Springs for the first time. This is part of the CLP government’s commitment to take the awards to Territorians, and I am very much looking forward to the celebrations in the Red Centre.
Turning to my electorate of Daly, I was delighted to recently announce, jointly with the minister for Local government, the government’s special purpose grants for Coomalie Community Government Council, Wagait Shire Council, Victoria Daly Regional Council and West Daly Regional Council. Through these grants the Territory government is making it possible for these four councils to proceed with some very important community projects in those areas.
Coomalie received almost $80 000 for a tractor and slasher for roadside slashing. Wagait got $31 000 for waste collection and to engage a consultant to consider waste management options for the Cox Peninsula area. Vic Daly was granted $235 000 for a prime mover and West Daly received more than $190 000 for a curb-side mini-pactor. These hard-working regional councils are dedicated to bettering their communities, and these grants will go a long way towards helping them improve those areas.
Finally, let me wrap up with some words of gratitude. I sincerely thank everyone who assisted me this year in my first year as a minister. Thank you to my hard-working ministerial staff for their professionalism, dedication and hard work. Thank you to my electorate staff and the constituents of Daly, who never let me forget what my job is, in a good way.
Thank you to all my parliamentary wing colleagues for their support and counsel throughout the year. Thanks to my departmental heads, Phillip Leslie and Hugo Leschen, and their staff, for their incredible work and support throughout the year. Thank you also to Dr Bill Freeland for his intellect and honesty in his role as the independent head of the NT Environment Protection Authority. Thank you to all the staff of the Assembly for their fantastic support throughout the year.
Finally, thank you most deeply to my wonderful wife, who is on her way in at the moment, and our terrific sons and the rest of our family for their support and love throughout the year. It is not an easy life for families, and I am forever grateful for mine, as I have a close family which help me stay grounded.
Merry Christmas to everyone, I hope you all have a wonderful holiday. Enjoy your presents and we will see you all next year. Thank you.
Mr VOWLES (Johnston): Mr Acting Deputy Speaker, I want to take this opportunity to thank a few people, including a few people in this Chamber, but also everybody who has made the year what it has been and enabled me to do my job as a local member.
To my colleagues, it has been another busy year working towards being an alternative government and listening to Territorians. It has been very tough throughout the year and we still have a focus on being an alternative government for Territorians. I thank each and every one of you for supporting me and supporting the hard work we all do. As those on the other side of the Chamber know, we are away from our families a lot. They sometimes take a back seat, but you need the support, experience and knowledge of your colleagues to get through different situations and issues, and to listen, talk and learn. That is important; we should always be trying to learn.
I say thanks to the Leader of the Opposition’s staff, Anna, Angela, Alf, Tania, Ryan, Kez, and a special mention goes to Charlie and old man Wello. To my part-time EOs, Timika and Scott, thank you for all you do for me and the electorate at the coalface of the Johnston electorate at Rapid Creek Shops in Millner. I thank you.
A special mention goes to my full-time electorate officer, Cathryn Tilmouth, who has been a rock for me this year. It has sometimes been very difficult, but she is always professional and always there, not always with a smile, but with great, tough advice. Often it is the right advice, which has seen me through some tough times this year. Thank you to Cathryn. She has given me some great advice around my role and has served the people of Johnston very well.
I say a special thanks to the Clerk and all his staff. A special mention goes to Diem and all she does for me; it is fantastic. She always has a smile and it is very welcoming to sometimes go through the quagmire of process because it is always very easy and simplified, which is what I really appreciate. Thank you, Diem.
I thank the staff at the Table Office and everybody in Hansard. Sometimes I am so joyful to get out of here and then I realise the Hansard staff are still there working away, so I really appreciate that. We sometimes get their e-mails in the very early morning. Thank you.
Thank you to Speaker’s Corner Caf for feeding me with coffee, keeping me going for a long time, and starting my day there.
I thank all my supporters and staff, and the people who regularly come into my office and see me on a Sunday or during the week to give me some advice and tell what is happening around the Territory. Many different people come in, but I always welcome people coming into my office and talking to me about what is important to them.
To my large and extended family; my beautiful mother, who continues to inspire me; my sisters, Lynda, Rosemary and Rebecca; my brother boy, Robbie; their partners, Guy, Alan, Warren and Tara; my niece and nephews - our growing family is growing. Cohen; Drew; my little nephew, cheeky Braith; Jackson; Hunter; Izabella and RJ - it is important to be surrounded by family when you get the time to spend some time with them. That is quality time. Every moment I spend with my niece and nephews is always a great time and a lot of fun.
To my non-related brother boy, Mods, and his family, I look forward to seeing you soon on my Christmas break. To my boys, Noah, Zander and Ayden, believe in your dreams and we will support you to achieve them.
To PJ, Jan, Cindy, Wayne, Hannah and Jackson, thank you for continuing to be there when we need you and for the many hours of conversation. Thank you very much for getting tickets for Neil Diamond, which was a highlight this year.
To my wife, Danyelle, thank you for always being there. Everybody in this Chamber knows the sacrifice our families make, especially our partners. She has sacrificed a lot for me to pursue my career. She has made sacrifices and faced the injustices directed at her, and she continues to be there for me always, without question, with great advice to get us through. Sometimes it is getting us through the hour, not the day, being there when I need it and running the family home without me around. I will always be very thankful for that.
A quick message to all the constituents of Johnston: I will continue to work for and represent you. I will never forget the gift you have given me of representing you in this House as a member of the Labor Party. Thank you. I will continue to work hard to make sure your voices are heard in this Chamber.
Sometimes much is said across the Chamber and outside on the lawns to the media and on radio, but we all have a common belief in this Chamber that we want to do the best thing for the people of the Territory. Regardless of what I and others have said in this Chamber, we all have that common goal to do what we believe is right for the people of the Territory.
Mr Deputy Speaker, I wish everyone in this Chamber the best and safest Christmas, and I will see everybody next year.
Mr STYLES (Sanderson): Mr Deputy Speaker, last year it was remiss of me to do my thank you adjournment speech backwards. I was reminded that I should put the most important people I want to thank at the front, so when anybody reads this they can see that person is number one.
In that vein, the person I thank most for allowing me to be a constructive and contributing member of the parliament of the Northern Territory is my wife, Linda Fazldeen. Linda is the love of my life. We have been married for some years and we have been together for 21 fantastic years. She is my ever-present companion as I move around the community. There are not many places where you will see me without Linda at my side, with both of us working for our community.
She is also my confidant and adviser. I sincerely thank her for putting up with me in relation to my commitment to our community. I also thank her for what she does separately from what I do. Most people in the community who know us or see us know we are a team. I am very proud of that team and to contribute as I do to this community with her support.
I also congratulate my family - my children and grandchildren - who are also such a great part of my life. My kids give back to the community by letting me do so much of what I do, without placing any demands on me. I love catching up with them at the brunches we have. We used to do dinners, but now they have little kids we do brunches in the middle of the day so it is convenient to catch up. A great thank you goes to my family as a whole.
I also thank an adopted member of our family, John Moyle, who is about four weeks off turning 97. He still sits outside my office at Northlakes raising money for charity. John Moyle has raised many thousands of dollars over the years that he gives to charity, and he has so many boxes on the desk that you can choose the charity you want to give your money to. John is a surrogate great-grandfather for my grandkids and we thank him for that.
I thank my electorate officer, Vanessa McCall. When you find an electorate officer who everybody loves, you know you have hit the nail on the head. Vanessa gets on with the job. She is one of those quiet achievers. She works in the community and represents me when I cannot be there. When you find out from everyone that they just love her, it gives you a warm feeling to know that when you cannot be there, someone is looking after the community. So, thank you very much, Vanessa.
Vanessa is ably supported by our part-timer, Jan Sporn, who is a fountain of knowledge in relation to electorate offices, the Legislative Assembly and all things political. We need these people in our system so they can pass on their knowledge to a variety of people. Jan works for many people in electorate offices and she passes on that knowledge. We are all better for that knowledge; it does not matter what side of politics you are on in this House, if you have good people who can pass on corporate knowledge then we should, and we do, listen to it.
I thank my branch. I am glad we finished a bit early as I have a branch meeting tonight. Without the branch and the effort it gives to me and the electorate, I would not be here. They are a great bunch of people and come up with terrific advice. Some of it I like and some of it I do not, but they are there for the constructive criticism part of what we do as a group of people in the Territory. I thank my branch and the members there.
A special thank you goes to Ron Baker, as always, for what he has done. Ron Baker is getting over a bout of leukaemia, and having had chemo he is a bit bald at the moment. We are hoping he gets over that because we want him to grow his hair and beard back; he looks much better with the hair and beard. Thank you again, Ronnie, for all that you have done.
Gary Haslett, who is the branch chair at the moment, and others, I sincerely thank you.
I also want to mention the Director of the Sanderson Neighbourhood Activity Centre, Paul Wyatt, and the Principal of Sanderson Middle School, Liz Veel, as well as their team for the incredible work they have done to bring to fruition something that was a dream of mine for more than 15 years prior to getting into parliament.
It will be a fantastic scheme and a fantastic contribution to the Sanderson area. It is not just for the Sanderson electorate but all the northern suburbs. It is a pilot program. Once we get the nuts and bolts sorted out it will go Territory-wide so everyone in the Territory can benefit from some of the fantastic things occurring at the Neighbourhood Activity Centre.
I move on to my ministerial staff. They are all sitting up there watching this on TV with Tim Tams which were purchased the other day for this event. You guys are amazing with the schedule I keep and the commitments I have in the community. I have portfolios that require me to be everywhere and you support me in an incredible way.
We are losing Mary Watson, our DLO who has been up there for nearly a year. Mary, you are awesome and we will miss you. If you think we can replace you easily, think again. You have done a superb job, but we wish you well in your endeavours. Whatever you do in life, we know you will succeed because of your dedication to whatever it is you do.
To the people who have come on board this year - Marita Cabot. Marita has been a fantastic member of our team for about six months, and she is a great contributor. To Rod McGrath, you follow me around everywhere at functions and I am extremely grateful for the fact you give up so much of your time so the community can benefit, so thanks for that. Rebecca Barr, the media officer - I was talking to some media people today and they said you are awesome, and we all agree. Thanks for your commitment and all that you do.
To Joss, my former PA, who was moved across to the Department of the Chief Minister, you are awesome and that is why they came and got you for the next job. We love you, Joss. We congratulate you on your efforts and we congratulate you on a new path in life, moving up along the ladder of promotions. Well done.
To Sally Parmenter, you stepped in at the deep end of the pool. We are very grateful for you coming in because we have one of the busiest diaries in this building. You are doing an awesome job so far and we hope you continue to do that job.
To the effervescent Suzanne Turnbull - Suze, you are amazing. We think you must run on Duracell batteries because you just keep going. Thanks very much.
To Gary Shipway, my Chief of Staff, you are across so many things in so many areas. I do not know when you sleep, but I congratulate you on the fantastic job you do when representing us as a team around the fifth floor and in the community.
I sincerely thank my team. You are awesome and I will buy some more Tim Tams for you before Christmas.
I also thank the community in general, including the multicultural community. Those people keep me informed of what is going on so we can be abreast of all the issues in the community. I thank the Legislative Assembly staff, the Clerk, the Speaker and everyone here. To Hansard upstairs, thank you very much for the effort you put in, as well as the staff from the library, right through to the security people who keep us safe in this building. I wish you all a Merry Christmas, have a Happy New Year, and I look forward to being back here with you all next year.
Ms LAWRIE (Karama): Mr Acting Deputy Speaker, I rise to wish Territorians a very Merry Christmas. I hope they have a Happy New Year and a very safe festive season. I hope as everyone embraces the 2016 year, they do so with gusto.
I acknowledge the people who have helped me through a tumultuous year and acknowledge some of the highlights and the lowlights of that. I have had such an incredible journey in my political career. It do not believe it is over yet, nor do my constituents, but the jury for me is out on that until next year when I decide whether I will recontest at the 2016 election. Some people may choose to believe that or not. Quite frankly, I do not care because that is where my family and I are at.
That being said, my sincere thanks go to Kerry Wetherall. I made an adjournment speech about Kerry at the last sittings as my outgoing electorate officer. She has been an absolute rock throughout the seven-and-a-half years we worked together. This year she had helped me in the Leader of the Opposition’s office and did a great amount of work helping many of my colleagues in that role in the leader’s office. She then went back out to Karama to continue helping constituents in Karama and Malak. Kerry, thank you for dealing with that upheaval of coming out of Karama into Parliament House and then back out to Karama. I am proud of you with the work you are doing as a trainee Aboriginal Community Police Officer and you look deadly in that uniform, gorgeous woman.
Thank you to Dean Vlassco, who stepped up and into the Karama electorate officer job. We have had so much fun with the variety of people we work with every day. Dean is heading off to Indonesia to take up some study opportunities. I wish him all the very best, and when he comes back to Australia after his travelling journeys we will catch up again.
Thank you to my local Labor sub-branch. I have been on a journey with those people for more than 14 years. They are awesome individuals. We have such a depth of friendship that it does not matter what the Labor Party did to me, our friendship endures and we have nothing but the deepest respect for each other.
I will not name the individuals because they know who they are. I do not want to make them targets for any sad minds that operate within a particular faction of the party, which is otherwise great. I have expressed to each of them my gratitude for coming on such a wonderful journey with me and I have no doubt we will enjoy many more occasions together.
Thank you to the staff who worked with me when I was Leader of the Opposition. A particular shout out to Wello and Charlie, and to Tania, Sonia and Louise. They are unwaveringly decent, amazing individuals who I have nothing but the utmost respect for. Thank you to Katherine in the media job she did. It was hard yards and really tough. Good on her for stepping out every day during the tough times. Thank you to quite a few of my former colleagues. I have genuine respect and admiration for some of you still. I will not name you for the sake of confidentiality, but I am pretty sure each of you knows who you are. I am confident of that.
Thank you to the Independents for embracing me into the Independent lobby. It is a formidable crew of people I have joined. We are diverse in our political views, and we are diverse in our electorates and the people we represent in the Territory. That diversity has been a thoroughly enjoyable, refreshing experience for me. Thank you Alison, Robyn, Gerry and Kezia for the support you have shown me, and for welcoming me with such decency to the group of Independents.
Thank you to Helen, who is an awesome researcher. She does a fantastic job. Thank you also to the Parliamentary Library, which I am increasingly relying on.
Thank you to my legal team. Oh, my goodness - when people ask me, ‘How are you coping?’, I say, ‘Thank God I have gone through what I have, because otherwise I would not have met these incredible Territorians’. Thank you so much for being here in the Territory and doing what you do every day, for so many people, in your different legal roles. I have learnt so much from you and I have seen so much. I am fortunate to have an incredible group of people in my life supporting me in my legal journey. My deepest and sincerest respect and thanks go to Tony, Andrew - your gorgeous wife Sarah and baby Charlotte. Thank you so much to Greg; you are hilariously funny, smart and amazing, and working hard on the global stage.
Thank you, Peter, for joining us. You are a star and we are lucky to have you. Bless you. Thank you, Alistair and Kathy. You are gorgeous people who I will always admire and count as friends.
Thank you also, on a local front, to my many supporters, the mums and the dads, the young and the old in my electorate who have rocked up to my door and showered me with loving kindness. It has blown me away. For the cards, chocolates, flowers, hugs, tears and love, thank you. I will personally thank each of them, as I have been doing, and I will continue to do, over this festive season. That is the great thing about staying home in Darwin for Christmas; you have time to spend with people.
Thank you to my besties, Vanda and Sally. We have been besties since we were four years of age and still besties. You got me through some pretty tough times and I love you like my sisters, but you know that. Thank you also to my balcony friends. Thank you so much to Joni; you have been fantastic at being my partner at functions. It is pretty cool that you are available to go places with me because people light up when they see you. They love to see you because you are an awesome woman who has an incredible career as a local principal. Thank you, Sonia, for the balcony sessions. Adele, I think of you and everything you are going through in Adelaide. I am so glad you are coming home; we will catch up and give each other a hug.
Thank you also to the Clerk and his team, to Hansard, which does the great hours for all of us, and to the Table Office. I love catching up with Stokesy and Annette and getting information from them. They inevitably find whatever random tabled paper I am searching for efficiently and quickly. Thank you and bless you for doing that.
Also, thank you to my family. I believe in leaving the very best to last. I am the most fortunate person to have my mother. Dawn Lawrie is an iconic Territorian and she has the biggest heart of gold. She stood there by my side through everything, and she inspires me every day. My sister, the trained combat warrior, wants to take down certain individuals. Fortunately she is calm at times and is working through that response, otherwise some people would be in peril.
To my partner, Peter, who has embraced our family and our lives and enriches us, thank you so much for everything you do every day to help my gorgeous kids and me. Jhenne, Bronte and Zac, you are the most beautiful children a mother could ever hope for. My girls are 20 and 19, and they are highly politicised thanks to the bastardry they have seen. They are focused and their generation will change the world. My little Zaccy boy - good luck with going for school captain. Win or lose, you are mummy’s champion and legend.
What a year. I am looking forward to Christmas. I am a better person today by far, by leaps, to the universe and back compared to what I was last year. To all of you who tried to destroy me, thank you because I am better.
Mr CHANDLER (Brennan): Mr Acting Deputy Speaker, I said my thank yous on Tuesday night, but there are a couple of things I need to say about the year. It has been a very busy and exciting period in all my portfolios. I briefly wish to say thank you to those who have contributed to all the success.
To Police Commissioner Reece Kershaw and the team at the Police, Fire and Emergency Services, the work you all do for me and my office, as well as serving all Territorians, does not go unnoticed and we are forever grateful.
To Andrew Kirkman and the team at Transport - Andrew has not been in the top job for long, but he has taken to the responsibility and is running fast. Thank you for the job you are doing and I am glad to keep up with you.
To Dave McHugh and the wonderful team at Infrastructure, you guys are building the Territory into a place we can be proud of. It is a major portfolio, which I am pleased to have. These guys have earned their Christmas break.
Veterans Support comes under the Business ministry. Peter Sims and Michael, thank you very much for your support. Lorne upstairs is, well, a pain in the butt; let’s face it. But I am sure they get on well and I thank them.
To Ken Davies and the Education team, what can I say? Education gets a beating in this House from the opposition. I will briefly touch on a few of the top ticket items I am proud of. I am proud to be part of the Country Liberal government, which is committed to improving the educational outcomes of all Territory students and preparing them to become a job-ready generation.
NAPLAN results released this week showed Year 3 students are leading the way with significant increases in reading, grammar and punctuation, proving once again that our investment in early education is paying off. It is also a tribute to the opposition because Michael’s focus in his own policies is on those early years. We all know how important they are. A stronger foundation will pay dividends for decades to come.
The new Education Act 2015 passed this week with the blessing of this parliament. It will have a positive impact and will assist schools in achieving complete autonomy. After 20 months of consultation, this act was designed by the community for the community. Even the amendments were made on the floor - a bit of horse trading - but we got there, and I thank members of the opposition and the Independents for their support.
Direct Instruction has been a sensitive issue. In late September I travelled to Borroloola, one of the 15 schools reaping the benefits of the Direct Instruction program, which is showing early signs of positive improvements across the board, especially with kids becoming engaged.
Early signs show that students are using English more frequently when speaking, conversing to one another in full English sentences. Students’ attention spans have increased, as well as their ability to stay on task in the class room.
In some schools every child is able to sound out unknown words; they know the instruction methodology and now prompt new or relief staff to support them with their delivery. I am looking forward to visiting remote classrooms over the next few months. It is truly an uplifting experience.
In early October I travelled to Lajamanu and welcomed the flexible school-year model, which will commence in 2016. The flexible school-year model will be trialled at Lajamanu School for two years and will see Terms 1 and 2 extended, and Terms 3 and 4 shortened. This is aimed at improving student attendance.
This is one example of many changes this government has put in place to improve educational outcomes and close the gap between Indigenous and non-Indigenous students. By improving student attendance, we expect Lajamanu students will become more engaged in their learning and be better prepared for the future.
I was thrilled to be able to formally recognise early-years educators and carers for their outstanding commitment to quality services at the Education and Care Awards. All award finalists demonstrated excellence in the provision of early childhood teaching and learning, and share a commitment to continuous quality improvement.
Educators and carers play an important role in contributing to children’s learning, and acknowledging their achievements affirms the high standards we have in the Territory education and care services in our schools. I take this opportunity to thank them for their continued hard work and dedication to Territory education.
Reopening of Central Australian crches - I was thrilled to hear that families in remote Central Australian communities will again have access to local early childhood education and care services following the reopening of two crches in Yuelamu and Atitjere.
I thank the Australian government for working quickly to secure the future of the centres through the new agreement with Alice Springs Group School Management Council. The agreement means we can offer the children in each of these communities a holistic approach to learning, and a seamless transition from an early childhood learning environment into the school environment.
Last month I officially opened the new facilities for the Northern Territory Music School at Sanderson Middle School. The NT Music School provides teaching and support programs for over 1000 remote students across the Territory. These facilities enable the NT Music School to run professional development courses, conduct large ensemble rehearsals and record resources to support the programs.
Most recently the NT Music School has led the way with its cultural exchange with China, which resulted in students from Tongling No 4 Middle School in the province of Anhui performing in this year’s Beat Festival. That was a terrific thing to see.
This government is delivering high-quality infrastructure for students across the Territory. Since the parliament sat last year we have opened and awarded tenders for the boarding facility in Nhulunbuy, the Larapinta child and family centre and the Palmerston Senior College Special Education Centre.
It was great to celebrate World Teachers’ Day with the team at Nemarluk School this year. Teachers have the most influence within our schools, and quality teaching is critical to the future prosperity and productivity of young Territorians.
During the visit to Nemarluk School we met a very special teacher, Laddie the Labrador, or Aladdin, which is his fall name. Laddie helps reduce stress and anxiety in students as well as help students with high-support needs during mobility programs. The Territory has some of the best teachers in the country and I am proud of all of them.
Last week we saw Darwin Middle School become the first middle school in the Territory to become an Independent Public School. Becoming an Independent Public School creates an environment for pushing the school improvement agenda to make a real change and lift student outcomes.
The Country Liberal government is committed to giving schools greater ownership and flexibility to deliver high-quality teaching and learning programs for students. We will see 13 schools commence 2016 as independent schools, and I look forward to seeing that number grow.
On 9 November, during a trip to Dili, Timor-Leste, we marked the beginning of a sister relationship between Maubara School and Wagaman Primary. This sister school initiative highlights the Northern Territory’s leadership and focus on developing relationships with schools in Asia. It not only helps enhance the quality of education in our classrooms but also promotes international friendship and mutual understanding between our two countries.
Last time we visited Maubara School there were no computers for the teachers or students to use in their teaching and learning program. In July 2015 we donated 15 reconditioned laptops and computers to Maubara School. The Territory government is committed to providing the latest technology, including laptops, desktop computers, iPads and satellite connection, to the Northern Territory Department of Education’s NT Schools network. The school is now connected to the NT Schools network via a satellite dish. NEC has been so gracious with its time and effort, and with the team it sent there. The school is now connected through a satellite dish at no cost to the Territory or Dili governments. It was all donated by NEC, which is fantastic. This will enable the Maubara students to communicate with Wagaman students to grow and strengthen their relationship.
During the same visit I officially opened the English language centre at the Sentru Formasaun Profisional Training School in Becora, Timor-Leste. Currently 84 students are learning English at this centre. In 2016 it is anticipated that these students will receive a fully-accredited Australian qualification in English. As part of the partnership the Northern Territory government is funding three staff members, including a teaching principal, Maria Albion. This program is done in partnership with, and under the auspice of, Batchelor Institute; with its support these people come away with Australian accreditations. That is remarkable.
We were able to do this, from thought bubble to opening, in 18 months. There were some people in DFAT working on the same thing; it has taken them three years and they have gotten nowhere.
This government is passionate about education and seeing Territory students succeed. I thank the Department of Education for its hard work, like I thank all my departments, because they do amazing things for the Northern Territory.
Government, or the Treasury benches - whatever you want to call them - are one component, but the staff working in those departments are at the coalface. They deal with the issues we face every day from the political point of view, and they do the work on the ground. I thank each and every one of them.
Have a merry Christmas everyone. Please stay safe and we will see you in the new year.
Mr GUNNER (Fannie Bay): Mr Acting Deputy Speaker, it has been another busy and rewarding year in Fannie Bay with plenty of highlights and outstanding achievements. Being almost Christmas time, in some ways this is a traditional Christmas adjournment where I will thank people, but I will also acknowledge some of the things happening at this time of year.
I thank my local schools. I am very lucky to have five outstanding principals at the schools in my patch. Marcus Dixon at Darwin Middle School, Trevor Read at Darwin High School and Bernie Bree at Stuart Park Primary School are long-standing principals. I have developed good relationships with them and they are running fantastic schools where they look after their students.
We have two new principals on the block this year, with Yvonne at Parap Primary School and Lindsay at St John’s Catholic College. Yvonne is well known to everyone at Parap as she has been there for a long time. Becoming the Principal of Parap Primary School is a very worthy recognition of the work she has done and she is welcomed by the local community. It is fantastic to see someone come from within the school into that principal position. Lindsay is new to St John’s, but I have had some excellent catch ups with him already. I will always have a soft spot for St John’s as it is the school I went to.
On the topic of schools, 16 Year 10 to 11 Darwin High School students are on a trip to Malaysia, where they are participating in the World Challenge 2015, which is an international program where students contribute to a developing country. They have spent two years fundraising and organising the trip logistics. It is a fantastic thing they are doing. They are working at the Grace Commission Community in Bentong, Malaysia, helping with the construction of an Orang Asli education centre, which is a boarding school that helps children develop life skills to improve their chances of employment. They get back on 18 December. It is a fantastic thing those students have done at Darwin High; it is a long-term goal, and a rewarding one at that.
At Parap, students have been fundraising for their eco-garden project using funds from recycling. They have learnt the value of recycling for a cleaner, cooler planet and a greener earth. They have also raised funds this year for the Nepal disaster, and participated in Cyclone Awareness Day.
This is very good news; Darwin Middle School won the Northern Territory regional final for the Tournament of Minds. They are off to the Australasian Pacific Finals in Sydney, which is quite an accomplishment. Again, this is a fantastic effort by the schools this year.
From a community point of view, I acknowledge Judy Boland, local Darwin High School teacher and member of the Fannie Bay History and Heritage Society. She became a Member of the Order of Australia this year for significant service to secondary education in the Northern Territory as a supporter of historical and heritage organisations and the community. Many of us have worked locally with Judy; she is tireless in what she does. She is one of those stalwarts that you build a community around. It is fantastic to see her recognised for her community work; it is tremendous. I know she is valued by many people.
I am sure many people know former Alderman Heather Sjoberg; she lives on the border of my electorate, but I claim her as mine. She launched her book this year, James Neilson and Isabella Gibson: Gippsland Pioneers, which is very good and has contributed to the literary successes of Australia. She launched her book at the Northern Territory Library in September, which is a very fitting setting for launching a book about one of Victoria’s earliest local government-elected members, giving these pioneers the honour that they deserve. Launching the book marked a very important personal achievement for her. It tells the story of her great-great-grandfather, who was one of Victoria’s earliest local government elected members. As an Alderman in her own right, she continues to contribute to politics. It is fantastic that she took the time to write the book and launch it as a Northern Territory author.
Selvam Kandasamy from Saffrron, who many people might know, has become very committed to not just excellent food, but the environment. Anyone who has been to Saffrron knows there is a wall full of awards regarding the environment. He is a finalist for the AIM Excellence Awards, which is a real measure of what he has done locally, and he has been recognised on that national stage. He has earned respect and admiration amongst the foodie community. I acknowledge the work he has done; it is fantastic.
One of the highlights of my year was when the local Legacy ladies came in to hand-sew poppies. They did about 1500 hours’ worth of work hand-sewing poppies for 100 years of Anzac Day. Their work is on display at the Darwin RSL. They put in a fantastic effort to acknowledge the contribution. It was extremely difficult. I could not have done it, and I think it was highly valued by the people who attended Anzac Day.
Local residents Cherill and Brad Hopkins have gone out of their way to rally other residents. They have become a strong community presence, first around the NBN and the black spot in Ludmilla, and now they have taken what they learnt during that process and applied it to the Richardson Park redevelopment. They have been a fantastic community hub, bringing people together, making sure information is available and presenting a considered view on behalf of local residents. They have done some fantastic work.
Someone who has done something very similar is Catherine McAlpine in The Gardens, which has become a very contentious area. She is doing some brilliant work bringing residents together, making sure they are informed and presenting their views in public debates, making sure she is informed on what she says. It is a constructive contribution to public debate. I think she has done a really good job there with the local residents. They have a lot more work to do – Catherine, Cherill and Brad.
As always, I thank Kristy and my family. You cannot do this job without support, and they have been fantastic over this year. Kristy has kicked many of her own goals; I spend half of my time talking about her achievements rather than anything else. Her first documentary is airing nationally this Sunday at 6.30 pm on channel 24 ABC, a real Territory story called Tough Ride. It is a heartbreaking story with a happy ending about a local jillaroo, and it is worth watching if you get the chance. It is a classic Territory story.
I thank the party - Syd, Kent and Sharon, who all do a fantastic job and work long hours. We appreciate the work they do on behalf of the party. I thank my Caucus colleagues - Lynne as Deputy Leader, Natasha as Whip, Nicole, Lauren, Ken and Gerry, who spend countless hours talking to Territorians and stakeholders, travelling the Territory, visiting schools, and engaging in policy debates, local raffles and community events. We all know the hours they put in. As leader, I value their work as local members and shadow ministers. We have had some fantastic debates and conversations. I am looking forward to many more as we bring forward a package of things that will be important for the future of the Northern Territory.
In my local electorate office, Lindsay, Hamish, Alasdair and Lucy mostly sit behind the desk. Lindsay is loved by the local community. I get so much positive feedback about Lindsay. He is a nice guy and takes care of many constituent issues. Hamish, Alasdair and Lucy rotate through and always look after people who come through the front door, which is the number one priority in some respects. What you want in your local electorate office is to really look after constituents. I appreciate that; it is fantastic.
Thank you to the staff of the Legislative Assembly who have helped me this year. Who I bother the most changes from year to year. This year it was mainly the Clerk, the Table Office - Ben, Annette and Stokesy - and with my tech issues, Nitesh. Thank you very much for everything you have done this year, often at very late notice and with little time to get things fixed. I appreciate the work you do. The Legies staff help me and my local electorate office often above and beyond, and always on short notice. I appreciate the work you do.
We walk past security and say hello every day, but we rarely have a chance to have a long conversation. Mick, Esther, Bob, Mark, Alex, Yanni, Muchsin, Shikha, Lyn, Michael, Natasha, Sajjad and Yvette, thank you very much for keeping us safe and always having a kind word to say as we walk through the front doors. It is fantastic. Also to the drivers - Bill, John, David, Yuni and Ben - thank you very much.
I wish all Territorians a safe and happy Christmas. It has been a big year; it will be an even bigger year next year. I look forward to working with my Caucus colleagues as we engage with stakeholders and discuss policy and big ideas. We want to be a well-planned, big-picture opposition. We want to do positive things. It has been fantastic working with not only talented people, but genuine, hard-working people who mean well and think well. I thank them all for their time.
Mrs PRICE (Stuart): Mr Acting Deputy Speaker, I want to say a big thank you and Merry Christmas to all my constituents in my electorate area, in Mataranka, Beswick, Barunga, Manyallaluk, Werenbun, Pine Creek, Kybrook Farm, Douglas Daly, Sturt Plateau, Timber Creek, Bulla, Amanbidji, Aileron, Pigeon Hole, Top Springs, Kalkarindji, Daguragu, Lajamanu, Ti Tree, Willowra, Nyirripi, Yuendumu, Katherine and Laramba. I wish them all a great Christmas and thank them all for supporting me.
I have also been very busy in my ministerial portfolios as the Minister for Local Government and Community Services, Housing, Parks and Wildlife, Men’s and Women’s Policy, and Statehood. As the Minister for Parks and Wildlife, I am very proud that this year has given rise to so many achievements, highlights and milestones in the Parks portfolio. It is a testament to the dedicated staff of the department and the hard work they put in every day.
The Parks portfolio is very important to me as an Aboriginal woman, as it incorporates my culture. I can also see the benefits it brings to local Aboriginal people and how it improves and embraces the Territory lifestyle. I have met staff and rangers across the Territory this year on trips to parks, such as Mary River, Litchfield, Nitmiluk, Casuarina Coastal Reserve, Fogg Dam, Uluru, Kata-Tjuta, George Brown Darwin Botanic Gardens, Territory Wildlife Park and Alice Springs Desert Park to name a few.
Throughout my visits I remember rangers’ feedback. They were thankful because it was the first time a minister had visited them. I was excited to host two Parks events at Parliament House this year, being the Northern Territory Ranger Awards and the Junior Ranger Program reception. These events are inspirational. They recognise the exceptional achievements of our rangers and encourage the next generation of Territorians to be interested in nature.
I thank Andrew Bridges, the chief executive officer, and his incredible team at the Parks and Wildlife Commission for tirelessly being there for me. I look forward to working with you all next year as we continue to improve and open up our national parks for all Territorians. That includes looking after people and making sure that they are croc wise.
As the Minister for Local Government and Community Services, I give special thanks to my Chief Executive, Mike Chiodo; my Executive Director of Local Government, David Willing; and their team. I thank Noelene Swanson in Women’s Policy and all her staff. I also thank Jo Sangster for helping me with Women’s Policy; it is great to have her support. I thank my team for helping me pass my first legislation, the Local Government Legislation Amendment Bill.
In my Local Government and Community Services portfolio I launched the Remote Engagement and Coordination Strategy, which will deliver improved engagement to assist Indigenous Territorians living in remote communities, and will improve their capacity to contribute to the economy.
I have identified, suspended and assisted getting back on track the Tiwi Islands Regional Council and the Litchfield Council. I am pleased to see how successful the local authorities have been in delivering objectives to provide a stronger local voice and greater accountability for service delivery.
The Aboriginal Areas Protection Authority also falls under the portfolio of Local Government and Community Services, and I thank Chief Executive Dr Ben Scambary, his management team, Matthew Dean and Peter Russell, and the rest of the AAPA team for their hard work in protecting sacred sites across the Territory.
Last week I was pleased to see the successful collaboration between AAPA and the National Broadband Network to strengthen economic development in regional areas. I also thank the AAPA Board members who retired this year for the significant and important roles they have provided to the Territory. I congratulate the new board members on their appointment and I look forward to working with them.
In my portfolio of Community Services, I acknowledge the hard work of the Remote Service Delivery unit in the cyclone recovery work and the asbestos removal program. I also acknowledge the continued dedication of the land tenure team for ensuring our remote communities are enabled for much-needed progression.
To the homelands team, thank you for your hard work in supporting our remote Aboriginal people who live on country. This is unique and important to the Northern Territory, keeping a strong culture and healthy environment.
To the offices of Women’s and Men’s Policy, thank you for your amazing efforts in the important work in bringing the Territory forward, leading the nation in innovative grassroots methods of supporting our family systems and advancing the status of women in the Territory.
To the Aboriginal Interpreter Service and Colleen Rosas, I congratulate you for your hard work and the wonderful job you do. Thank you for supporting the mutual understanding between Aboriginal and culturally diverse communities; you are amazing. This week in the Chamber was a great testament to our plight.
This year I took on the Housing portfolio. I thank my CE Leah Clifford for her work over the course of the year. Her staff have done a wonderful job, and I thank them for their dedication to improving the housing situation in the Territory. I am proud of my achievements in this portfolio and I look forward to next year.
I also thank my electorate officers. Karen, my electorate officer in Alice Springs; Jodi, my liaison officer in Katherine; and Colin Lillie, my community liaison officer, are always there to help me and are always by my side. I really enjoy the time I spend with them and I cannot wait to keep working together into the election next year.
I thank my ministerial staff, who have helped me excel in all my portfolios. I thank Kate Reynolds and Fallyn Petherick, who run the admin side of the office and bring so much joy and laughter to the team.
I think my little office is envied by the other offices. I want to brag because we have brought laughter to that floor; that is what people tell us. We want to enjoy what we are doing, get on with the job and make it better for people out there.
I thank all my past and present department liaison officers as well, including Kate Wheen and Jan Wray, who are currently with me. I also thank Paul Mossman and Lauren Crawley. They did a wonderful job while they worked for me. You are all great assets to your departments and I appreciate the crucial link between my departments and your offices.
I thank my advisers, Sam Stone, Rebecca McLean and Nathan Fanning, for their advice and support, and thanks to my senior adviser, Heidi Williams, who will be a fantastic member for Namatjira next year.
I also acknowledge all the past staff who have helped me. I thank my family for all their support this year. I thank my husband Dave Price especially, and my grandchildren Leiland, Ethan, Declan and Kincaid. I could not have been this successful this year without all of them beside me, including my daughter. I congratulate my daughter Jacinta on her recent election as a councillor on the Alice Springs Town Council. You do not get this anywhere else where a mother and daughter are elected onto two separate tiers of government. That only happens in the Territory.
Lastly, I thank all you Legies, Clerks and everybody else who helps us when we are all stamping our feet and pointing fingers at each other. You all do a wonderful job. Thank you to security and to our drivers. I hope you all have a wonderful Christmas and I hope to see you all next year. Thank you to my Cabinet colleagues and the parliamentary wing for all your support, and I look forward to winning the election next year together.
Finally, I wish all Territorians a safe and happy Christmas, and lastly I want to say in Warlpiri [Editor’s note: member spoke in language]. That means, ‘Be well’.
Mr McCARTHY (Barkly): Mr Acting Deputy Speaker, this is my last contribution for 2015. I am always learning lessons. I learnt today that you have to get special permission to speak in a foreign language or sing a song in this Chamber. Hansard, I will prepare a blues song and it will be in the key of E. I will seek special permission and one of these days you will hear it.
I want to start with Madam Speaker and all the staff of the Legislative Assembly, because I realised last night, when I was listening to adjournments, that this is my eighth time adjourning on the last sitting day of a parliament year. Over those eight years this has remained a highly-professional workplace. It is an outstanding workplace, and that represents the outstanding people who work here and support the parliament of the Northern Territory, the people’s parliament. All the contract staff who members have mentioned, such as security, cleaners maintenance and service industry workers - it is an incredible workplace and it is an honour to be here. You people make it what it is, so please have a break; have a great festive season and a very Merry Christmas to you all.
You have all scored very highly on my survey again this year – Madam Speaker’s survey of the Legislative Assembly – and I made a special comment about committees. That is one of the special parts of my work and I thoroughly enjoy it. My comment was that the government needs to look at more resources. I have come to realise how important the committees are for the parliament, such as the committee on Foetal Alcohol Spectrum Disorder, the Committee on the Northern Territory’s Energy Future, the committees that deal with legislation and constitutional affairs, and the Public Accounts Committee. They are important and they provide elected members with critical research and information which supports very important and wise decision-making.
Thank you to the secretariats to all the committees I have been involved with for the hard work, coordination of members, travel, agendas, hearings and witnesses. It is a fantastic opportunity, especially sharing that in a highly-professional workplace that achieves great things. Well done to all you guys.
To all the fifth floor staff who come here every day, I had the privilege of experiencing that and I know how it works. Good on you and thanks for the nice kind words and chats in the lifts. That is probably the limit of what I get, but it is good to know about the work you do. Keep up the good work.
To the Leader of the Opposition’s staff on the fourth floor, thank you for all your support. There is a great team there, a small, tight team. We all share the same values and we are all working for the same objective, for the people of the Northern Territory. Well done guys and I hope you get a good break.
For the Independents it is great to understand how that works. A new element of democracy is emerging in the Northern Territory. Thank you and good luck to you guys in the new year.
I thank the public sector for renewing contacts and professional relationships whenever I am in Darwin, especially when I travel the length and breadth of the Northern Territory. It is a privilege to be acknowledged, and it is a special time when you make yourself known and initiate brief conversations about public sector work and what you have done in the past and so forth. Thank you very much for your support and I hope the Northern Territory public service has a great break over this festive season.
To the Barkly sub-branch of the Labor Party, I thank you guys. I thank you for supporting me in preselection; I plan on standing again. As I have said, I have some serious unfinished business and I will need another term. God willing and if the creeks do not rise it all might go to plan. Not only do you provide me with great advice and your dedication, you stand up in the community for Labor values. You do some great work around fundraising, which is very difficult in the area of the Territory where we live. There is not a lot of money in it and you do a great job when fundraising to prepare for the next campaign. It is an honour to be part of your group and to have your support.
To Dawn McCarthy, Coral Franklin and Mandy Taylor, who have solidified as a very tight electorate office team - we have changed the game plan over the years. I have had some long-standing electorate officers, but Dawn and Coral have come in to make sure there is a special and sensitive approach to constituents. This allows me to travel more and be part of the opposition team in this critical part of the electoral cycle, where we are developing policy to present our stories and values to the Northern Territory and, hopefully, be judged worthy. Thank you to Dawn and Coral.
Mandy, as a communications expert you have pushed the messages, news and stories onto new platforms, and I thank you for that. It is a great little team and constituents are being served well. The office is well run. It is a diversified office which has made an amazing footprint across the largest electorate in the Territory, and you guys are making sure I can move and shake around the electorate, knowing that part of the business is well and truly taken care of.
I thank the Clerk, as well as Mick the head of security. I also thank Michael Martin from RTD, who took that major leap of faith and came to Tennant Creek to visit the Barkly Electorate Office this year. All three of them were surprised, in many ways, about the Barkly Electorate Office, the people who work there, the constituents who visit, and the infrastructure and services that have been in place for every member of the Legislative Assembly since self-government in 1978. Thank you for that understanding, which you can now translate to members of the Legislative Assembly in supporting the electorate office and constituents of the Barkly.
To the people of Barkly, thank you; it is an honour to represent you. Round eight was quite interesting, and I am looking forward to a few more rounds. I have had some amazing vibrations this year and I reflect on that. I have not been serving you for eight years; I have been serving you for 35 years. There is a lot of foundation work and a lot of grounding involved. I am watching a new generation come through, third and fourth generations in some cases. It is a true honour to serve you and I do the best I can. We try our best to make sure there is a good balance between the big end of town and the regional and remote areas.
To all my family, once again, thank you. It is amazing; you have all been absorbed into politics and you are all amazing Territorians. To Robert, Abbi and the boys, and to Reece and Judd in Cobar, you take a great interest in the Territory and we look forward to your next visit. Thomas and Maria, it has been a big year for you with the birth of Francis Raymond McCarthy. To Joey, please come home; we need a new pool manager and those Aboriginal kids are still knocking on the door grieving over you. I know you are in the Garden of Eden, but we would love you to come home. To all the gang, all the family in Darwin, you give me great advice and keep me grounded on all the issues around the capital city and the Top End.
To all the kids – Cecelia McCarthy for your outstanding results in NAPLAN again, way above the national average; keep it up. I believe you published your first book this year and we look forward to more of those great and exciting announcements. To Dawn McCarthy, you need to take a break over Christmas. Go and hug your grandchildren.
I look forward to coming back next year. Stay safe and travel safe.
Mr GILES (Braitling): Mr Acting Deputy Speaker, it seems quite sad that you have to sit here for these Christmas messages whilst the Speaker is off having drinks and celebrations, but I appreciate your time.
I think 2015 started off well. We sought to refresh the ministerial team and make 2015 a strong year. I promoted the member for Araluen into the portfolio of Education at the time. She refused to do it, did not like it, stormed out, and the rest is history. She is now an Independent. History is history and 2015 has been good. It has been fun, with a lot of achievements.
Some of the best achievements were driving down the price of fuel and housing, and more recently announcing the price of electricity going down. Lowering fuel, housing and electricity costs were some fantastic achievements. We also got the budget back into surplus. There were major challenges along the way, but there were some very good things and we were working with a fantastic team.
I start by thanking all the staff who work in Parliament House - Hansard, security, the Clerks, everybody within the library service, the people who help parliament run. I particularly thank the people who work in the security service and keep us safe. The drivers, under the good guidance of Bill, look after us as ministers.
To my staff in the office in Alice Springs, especially Alice de Brenni, thanks very much. A Chief Minister from Alice Springs is very difficult and never at home, but thanks for the hard work you do, along with Adrian Renzi and Tom Slattery.
To all the staff on level five at Parliament House in the Top End, under the guidance of Tim Baldwin and Terri Hart, thank you very much. I will not go through everyone’s names; there are too many people. If I name you Labor will just target you because Labor members are nasty people. But thank you for everything you have done. Thank you to Danielle Parry, former media adviser, who has taken a job opportunity and promotion to do media for the UN. To Ron Kelly, who is now the CE of Mines and Energy, thanks very much for your hard work over a long period of time.
To my parliamentary colleagues, despite what people say, this is a fantastic team. The team is working better than ever before. The jokes and camaraderie are fantastic. It will be sad to see Elf and Tolly go. They are both good blokes and good mates who have been in politics and stood up for Territorians for a long period of time. However, renewal comes along and it is always a good opportunity.
To everybody who works in the public service, 20 500-odd public employees, none of the successes of this government would be possible without your support, tenacious efforts and loyalty to good governance.
And to the people of the Territory, thank you very much.
Whether it is driving down fuel, housing or electricity costs, working on the port, making substantial changes in the lives of Indigenous Territorians, or building infrastructure such as Tiger Brennan Drive, the Palmerston Regional Hospital, Mereenie Loop Road, Litchfield Park Road, or any of the plethora of things that we do - there is a reason that the Northern Territory is the best jurisdiction in Australia. I do not say that flippantly. On every indicator we are the best. In the measurement of happiness or lifestyle, when you look at unemployment, liveability of our cities and opportunities from living in the Northern Territory – none of that would be possible without a good public service.
Three-and-a-half years into a new government - a change of political parties is a challenge for bureaucracy in any jurisdiction in the country, whether it is federal, state or territory. The change in dynamics and the way people operate is not easy, with our different directions and philosophical approaches. For us it is about economics; for Labor it was about paternalism and welfare. It is a different way of doing business, and it takes time to change and respond.
At the back end of 2015 we hit our straps collectively as a government and as a jurisdiction. We were successful publicly and privately. As we set the economically and socially enabling environment, and the parameters to allow us to get on with our lives, we see the successes of that. In 2016 we will prosper and there will be much more opportunity.
I hope the level of negativity that parades itself through certain elements of public commentary, especially through Labor, is eroded. We have the opportunity of using fresh eyes.
I am from Alice Springs and do not get home as often as I would like, and I spend a lot of time in Darwin. It is chalk and cheese in the way the community sees the opportunity in life. In Alice Springs spirits are up. In Darwin there is too much negativity, and that needs to change.
It needs to change for the health of the Northern Territory, and as politicians to a lesser degree. If we keep talking the place down, we are only talking ourselves down. Some in the media do that, but they are only reflecting on what Labor is doing, which is poison to the Northern Territory. I want that to change.
I have had the opportunity to travel all around Australia and many parts of the world. This is by far the best part of the world. We are the lucky country, but we are only lucky because we work hard to get ourselves into this position. We need to continue to build jobs, keep our borders tight, keep ourselves safe at home - which is what good policing does - and prosper.
To everybody in Alice Springs, I am sorry I have not been there as much as I wanted. To those who set the school assemblies, every year I request that school assemblies are not set around times of parliament so I can be in my own electorate for school assemblies. That would be lovely. I look forward to 2016 and potentially having the opportunity to attend Larapinta, Braitling, OLSH, Yipirinya, St Philip’s, and any other school opportunity. While I am not always home in Alice Springs, and my job is to look after the Northern Territory, my heart is always back home in Alice Springs.
Thanks very much, and thank you again to all my colleagues.
Mr CONLAN (Greatorex): Mr Acting Deputy Speaker, this will not be a valedictory speech, although it will be the last Christmas message from me and for the seat of Greatorex, which I trust has served the Territory well since 1990 with Denis Collins, Richard Lim and me. We will complete the Greatorex electorate’s Christmas message today.
There is plenty of time for valedictory messages over the course of next year. I want to add my best wishes to all for Christmas and the new year. All my staff, past and present – I started the year with quite a large number of staff and I finished the year with only a small number, but I will run through some of them: Jo; Frances; Tom; Renz; and Racheal Curtain, who was one of the very first employed on the fifth floor after the August 2000 election. She started in the first week or two of September and she is still here. She is one of the longest-serving staff members of the fifth floor. Hats off to you, Rach; well done. It is a testament to your ability to adapt and get into the work that is before you. To Lisa and Julie as well, thank you.
To my parliamentary colleagues on both sides of this Chamber, I wish you all a very merry Christmas. To the Legies staff, especially those in the Clerk’s office, who have provided great assistance and support to me in my new role as Deputy Speaker, and to the Speaker, the member for Goyder, Kezia Purick, thank you for your support. To the Speaker’s staff, Cheryl and Martine, thank you for your help and assistance to me over the year since I took up this job in February.
It is a great job, but it has also provided me with a bit more time to spend with my family. I send a big cheerio to my kids. I have relished the extra time together this year with the school pick-ups and drop-offs. Being around the dinner table regularly makes an enormous difference to family life. I am looking forward to more of it in 2016, as Harvey starts Year 2 as a big kid next year, and Cleo begins Transition in 2016. It should be fantastic.
My wife, Elara, has remained firm and resolute in her support for me in spite of any number of embellished facts, false allegations and sensationalised headlines. I have had my fair share of clumsy mistakes, gaffes and faux pas. She has been right there with me providing rock-solid advice, so thank you to her. This job can be a real test for a marriage and ours has been no different. I am looking forward to spending more time with each other and enjoying Christmas together with our two amazing children.
To a couple of members in this House, firstly, the member for Karama: I hope you find some kindness in your heart over Christmas. You have a particularly nasty and unpleasant demeanour and it does not serve you well. It is little wonder you find yourself in the predicament you are in today with a mountain of legal bills, ex-communicated and without any of the prestigious titles you once coveted. I hope Christmas is kind to you.
To the member for Araluen, I hope you find some humility this Christmas. Your sanctimonious, pontificating, holier-than-thou soap box is nothing more than a tedious broken record of feigned indignation. You relish far too much in other people’s misery and misfortune. It is a classic example of the bully being outraged by bullying. I hope that this Christmas you learn to own up to your own mistakes, find the courage to admit you were wrong and develop the strength of character to apologise to those you have attempted to destroy and diminish for no good reason except for your own perverted personal pleasure.
A final word to some of those in the Assembly who like to denigrate members who have chosen to retire, or for whatever reason will not be contesting the next election: it is possible to continue to contribute to the Northern Territory beyond these walls. A person’s dedication and commitment to the Northern Territory is not limited to becoming a member of parliament. I will continue to live and work in Alice Springs, raise my family and champion the advancement of the Northern Territory, just like many thousands of people who have never been a member of parliament continue to do today.
On that note, I wish everyone a very merry Christmas. All the best for 2016 and I look forward to seeing you in the new year.
Motion agreed to; the Assembly adjourned.
Last updated: 04 Aug 2016